maritime security – Durgesh Kalya

New Rulemaking Alert: Updates to 33 CFR Part 101 — General Maritime Security Provisions

The U.S. Coast Guard has issued a new rulemaking impacting 33 CFR Part 101, the foundational section that defines the general provisions under the Maritime Transportation Security Act (MTSA). These changes reflect the evolving nature of maritime threats, particularly those involving cybersecurity, supply chain disruption, and the need for enhanced coordination between industry and federal stakeholders.

Even though we covered 33 CFR Part 101 in the previous part, here is a more detailed breakdown:

Part 101 serves as the cornerstone of the MTSA regulatory framework. It defines:

General maritime security policies
Definitions and responsibilities for key personnel (e.g., COTP, FSO, FMSC)
The MARSEC (Maritime Security) level system
National and Area Maritime Security Planning
Requirements for incident reporting, including Transportation Security Incidents (TSIs)

This section applies broadly to all MTSA-regulated vessels, facilities, and Outer Continental Shelf (OCS) activities. It also serves as the cornerstone of the MTSA regulatory framework.
It defines the following:

General maritime security policies
Definitions and responsibilities for key personnel (e.g., COTP, FSO, FMSC)
The MARSEC (Maritime Security) level system
National and Area Maritime Security Planning
Requirements for incident reporting, including Transportation Security Incidents (TSIs)

Note: This section applies broadly to all MTSA-regulated vessels, facilities, and Outer Continental Shelf (OCS) activities.

Why This Matters to Facilities and FSOs?

These rule changes will directly impact how Facility Security Officers (FSOs) and regulated facilities approach:

Cybersecurity planning
Incident reporting
Annual reviews of Facility Security Plans (FSPs)
Participation in port-wide exercises and tabletop scenarios

If your facility is located along a navigable waterway especially in high-traffic zones like the Houston Ship Channel you must stay current with these evolving requirements. And if you dont, then the consequences can be as follows:

Civil Penalties: Fines can range from thousands to hundreds of thousands of dollars per violation, depending on severity.
Operational Restrictions: The Coast Guard (COTP) can impose restrictions or even shut down port operations or vessel movements until compliance is restored.
Criminal Liability: In extreme cases, especially where negligence leads to safety or security incidents, criminal charges may be pursued.
Reputational Damage: Non-compliance can severely damage a company’s reputation with regulators, customers, and partners.
Increased Scrutiny: The facility may be subject to more frequent inspections, audits, and enforcement actions.

Who is utimately responsible?

The primary legal responsibility lies with the Facility Owner and/or Operator.

They must ensure all MTSA security requirements, including those under Part 101, are implemented.
The Facility Security Officer (FSO) manages day-to-day compliance and acts as the liaison with the Coast Guard but does not bear ultimate legal liability.
Owners/operators are accountable for ensuring resources, training, and security measures are adequate and maintained.

Now for the meat on the bone! The actual CFR which is in Subpart F—Cybersecurity and is found in the last part of this article – [All about the Cyber Security Plan (CSP), CySO and MTSA Facility – Part 4]

The U.S. Coast Guard (USCG) plays a vital role in ensuring maritime safety, security, and environmental protection along the navigable waters of the United States. For operators of port facilities, terminals, chemical plants along waterways, and vessel owners, compliance with Coast Guard regulations is not optional—it’s a fundamental responsibility. This post provides a practical overview of key U.S. Coast Guard maritime security mandates and how they apply to real-world operations, particularly those regulated under the Maritime Transportation Security Act (MTSA).

Key Regulatory Authority you need to know:

The legal backbone for maritime security in the U.S. is found in Title 33 of the Code of Federal Regulations (33 CFR). Several key parts define the obligations for facilities and vessels:

33 CFR Part 105 – Facility Security
This part applies to MTSA-regulated port facilities. It mandates the development of Facility Security Plans (FSPs), the appointment of a Facility Security Officer (FSO), and the execution of security measures aligned with MARSEC levels. Facilities handling chemicals, petroleum, or maritime cargo are typically covered.
33 CFR Part 160 – Port Operations
This part outlines the broad authority of the Captain of the Port (COTP), including vessel control, port access, and the ability to create safety or security zones during emergencies or heightened threat conditions.
33 CFR Part 101.305 – Incident Reporting
This section details the requirement for reporting Transportation Security Incidents (TSIs)—including cyber-related events (TSI-C)—to the National Response Center (NRC) within 12 hours of occurrence.
33 CFR Part 104 – Vessel Security
While Part 104 sets requirements for Vessel Security Plans (VSPs), it applies only to vessels such as tankers, cargo ships, and barges. It does not apply to land-based facilities unless they own or operate MTSA-regulated vessels.

MTSA Requirements You Need to Understand

Passed in the wake of the 9/11 attacks, the Maritime Transportation Security Act of 2002 created the foundation for modern port security regulations. MTSA requires that:

All designated facilities and vessels have security plans (FSPs/VSPs).
Workers in secure areas must hold a valid TWIC (Transportation Worker Identification Credential).
Facilities participate in coordinated Area Maritime Security Committees (AMSCs).

These provisions are enforced by the U.S. Coast Guard and monitored via inspections, audits, and security exercises.

What Is a Facility Security Plan (FSP)?

Each MTSA-regulated facility must maintain a Coast Guard-approved Facility Security Plan. This plan is a detailed, living document that defines how the facility will:

Control access to restricted areas
Monitor and secure the perimeter
Conduct regular training and drills
Respond to security threats and cyber incidents

Another important term you will often hear in meetings is Area Maritime Security Committees (AMSCs),

AMSCs:

These commitees are led by the Federal Maritime Security Coordinator (FMSC) usually the local Sector Commander, AMSCs are forums where industry and government stakeholders collaborate to:

Share threat intelligence
Conduct risk assessments
Develop and maintain Area Maritime Security Plans (AMSPs)

For example, the Houston-Galveston AMSC includes chemical plant operators, terminal managers, law enforcement, and emergency services throughout the Houston Ship Channel region.

A designated Facility Security Officer (FSO) is responsible for maintaining and implementing the FSP and communicating with the local COTP. If you are the new CySO, then you will be coordinating tighly with the FSO. Which means, you may be in the same AMSC meetings etc.

Understanding and adhering to maritime security requirements under the U.S. Coast Guard’s authority is critical for protecting infrastructure, people, and commerce. From FSP development to participating in the local AMSC and reporting TSI-C events, facility operators and stakeholders must be proactive, informed, and collaborative.

For information on the new rule making. Refer to the following Posts
Introduction
[All about the Cyber Security Plan (CSP), CySO and MTSA Facility – Part 1]

A little dive into CFR- What is a CFR etc:
[All about the Cyber Security Plan (CSP), CySO and MTSA Facility – Part 2]

Introduction to the New Rulemaking 33 CFR Part 101 — General Maritime Security Provisions
[All about the Cyber Security Plan (CSP), CySO and MTSA Facility – Part 3]

The Cybersecurity Plan from Subpart F of the New Rulemaking 33 CFR Part 101
[All about the Cyber Security Plan (CSP), CySO and MTSA Facility – Part 4]

Tag: maritime security

All about the Cyber Security Plan (CSP), CySO and MTSA Facility – Part 3

Understanding U.S. Coast Guard Maritime Security: What Facilities and Stakeholders Need to Know