The Authority is a marine terminal operator with deep water facilities handling international cargo and thus regulated by the Maritime Transportation Security Act (“MTSA”) and the Code of Federal Regulations (“CFR”), both currently enforced by the U.S. Coast Guard (“USCG”) and the Department of Homeland Security. The Authority’s terminal facilities are considered maritime security facilities as defined in Title 33 CFR, Part 105, and the Authority is required to implement and enforce a Facility Security Plan. The Authority’s terminal facilities have certain “Restricted Areas” as defined in 33 CFR, Part 105, and access control requirements are enforced by the Authority. User agrees to comply with all applicable rules and regulations, and any revisions thereto, whether by the MTSA, CFR or other authoritative body and the Authority’s Facility Security Plan.
VESSEL SECURITY PLAN
Each vessel owned, chartered, managed, controlled or operated by User shall be in full compliance with the Vessel Security Plan, as defined in Title 33 CFR, Part 104, applicable to such vessel, and currently enforced by the USCG, and the U.S. Department of Homeland Security.
In addition to the terminal security surcharge set forth in Rule 34-189 of this Schedule, the Authority reserves the right to recover security expenses by way of assessment, if any, applied to all users of the Authority’s facilities. Such security expenses may be incurred as a result of compliance with the MTSA and other applicable federal or state regulations.
BREACH OF SECURITY
A transportation security incident means a security incident resulting in a significant loss of life, environmental damage, transportation system disruption, or economic disruption in a particular area. A breach of security means an incident that has not resulted in a transportation security incident, but an incident in which security measures have been circumvented, eluded, or violated. A breach of security or transportation security incident must be reported by the Authority’s Port Police Department to the USCG and the National Response Center. All breaches in security or transportation security incidents are reportable violations and may result in fines imposed by the USCG for non-compliance.
COMPLIANCE BY USER
Any fine levied against the Authority as a result of User’s action or inaction, or the action or inaction of User’s employees, agents, servants, patrons, contractors, subcontractors, suppliers, customers, visitors or licensees, shall be redirected to User, and User agrees to be responsible for payment of such fine in accordance with the terms thereof. The fine referred to herein includes any fine levied by the USCG (or other governmental entity) involving (i) the failure to comply with the Authority’s Facility Security Plan, the MTSA or CFR, or (ii) the violation of any law, rule or regulation applicable to the Authority’s terminal facilities which the USCG (or other governmental entity) is authorized to enforce.
ADVANCE NOTIFICATION BY USER
User must provide the Authority’s Port Police Department advance notification to enter an Authority “Restricted Area” to prevent a reportable breach in security.