There has been a lot of discussion about facilities who are
not in Risk Group A but are concerned that they might be included because they “handle
CDC” by truck or railcar away from the MTSA nexus. The TWIC reader final rule
seems to indicate that these facilities will be included in the rule (p.
57681), although the rule also states that the facility may “define its MTSA footprint in such a way as
to exclude that area.” It is presumed that this would require a Facility
Security Plan (FSP) amendment.
On March 31, 2017, on Coast Guard Maritime Commons, CG-FAC used the
blog to push out important information to industry, clarifying the USCG stance
on facilities that handle CDC. The blog states that facilities should look to
an older Policy Advisory Council decision, 20-04, for guidance on who is and
who is not subject to 33 CFR 105.295 and thus included in Risk Group A. I was
using Chrome to access Maritime Commons and the link to Homeport was not
successful. For other users who also have trouble linking to Homeport, the text of
the PAC is included below in its entirety. Scenarios D and E refer directly to
facilities who handle their CDC by modes other than maritime.
To get to this PAC on Homeport, go to http://homeport.uscg.mil then MTSA>MTSA/ISPS Policy Advisory
Council FAQs>20-04 Certain Dangerous Cargo Facilities.pdf
MTSA/ISPS POLICY ADVISORY COUNCIL
May 6, 2004
Issue/Discussion/Decision
Certain Dangerous Cargo Facilities
20-04
FINAL
Issue: What is a CDC facility?
Discussion: Certain Dangerous Cargoes (CDC’s) are defined in
33 CFR 160.204, and the
preamble to the Final Rule states that facilities that
handle such CDC’s are considered CDC
Facilities. The Final Rule preamble also notes the Coast
Guard disagrees “that 105.295 should only apply when CDC is actually present on a facility,
because the measures required by the section must be taken in advance so that they can be
implemented when CDC is present.” The Final Rule preamble does not define what the word handles
means, and the purpose of this paper is to decide how to interpret this term.
Decision: In order for a facility to be classified as a CDC
Facility, a vessel-to-facility
interface must occur, or be capable of occurring, and
involve the transfer of CDC’s in bulk.
Facilities designated as CDC facilities would need to comply
with the regulations contained in 33 CFR 105.295. A facility that is required to complete a
Security Plan but that is not designated as a CDC Facility must develop security procedures for the
safeguarding of the CDC while it is present on the facility. The following
scenarios are examples of how this might be accomplished:
Scenario A: Facilities that receive vessels and engage in
vessel-to-facility interfaces that
involves the transfer of bulk Certain Dangerous Cargoes from
the vessels that they receive.
Scenario A Decision: Facilities would be designated as
Certain Dangerous Cargo (CDC)
Facilities and would be required to comply with 33 CFR
105.295.
Scenario B: Facilities that receive vessels and engage in
vessel-to-facility interfaces that
involves the transfer of packaged Certain Dangerous Cargoes
from the vessels that they receive.
Scenario B Decision: Facilities would not be required to
comply with 33 CFR 105.295. The
Facility Security Plan for these facilities must address the
fact that they handle such cargoes and the provisions that the facilities have to secure such
cargoes. Scenario C: Facilities that receive vessels that carry CDC’s in bulk
but the transfer of CDC’s does not occur between the vessels and the facility.
Scenario C Decision: Facilities would not be required to
comply with 33 CFR 105.295. Under 33 CFR 105. 245(b), prior to the arrival of a vessel to the
facility, the Facility Security Officer and the Vessel Security Officer, or their designated
representatives, would be required to coordinate security needs and agree upon the contents of a
DoS. The vessel and facility representatives would then need to sign and implement this
DoS. As part of the Security that the two agree upon, provisions should be implemented to
safeguard the CDC onboard the vessel.
Scenario D: Facilities, already subject to 33 CFR Part 105,
receiving Certain Dangerous
Cargoes from entities other than vessels, such as rail cars
and tanker trucks.
Scenario D Decision: Facilities would not be required to
comply with 33 CFR 105.295. The
Facility Security Plan for these facilities must address the
fact that they handle such cargoes and the provisions that the facilities have to secure such
cargoes. At a minimum, these facilities would need to designate the areas where CDC’s are present as
restricted areas.
Scenario E: Facilities, already subject to 33 CFR Part 105,
through which train cars travel
carrying CDC’s. These CDC’s are not received at the
facility, but the train cars might be present for extended periods of time.
Scenario E Decision: Facilities would not be required to
comply with 33 CFR 105.295. The
facility should be aware of the movement of such cargoes and
have included this in their Facility Security Plans. At a minimum, the facility should
incorporate the checking of railcars duringsecurity rounds on the facility.
