NVIC 04-18: Drafting the Marine Transportation System Recovery Plan

COMDTPUB P16700.4 NVIC 04-18 August 21, 2018 NAVIGATION AND VESSEL INSPECTION CIRCULAR NO. 04-18 Subj: GUIDELINES FOR DRAFTING THE MARINE TRANSPORTATION SYSTEM RECOVERY PLAN Ref: (a) Marine Transportation System Recovery Planning and Operations, COMDTINST 16000.28 (series) (b) Area Maritime Security Plan (AMSP) and Area Maritime Security (AMS) Assessment Development and Maintenance Process, COMDTINST 16601.28 (series) (c) Guidelines for the Area Maritime Security Committees and Area Maritime Security Plans Required for U.S. Ports, Navigation and Vessel Inspection Circular NVIC 09-02, COMDTPUB P16700 (series) (d) Contingency Planning Manual, Volume 1: Contingency Planning, COMDTINST M3010.11 (series) (e) Maritime Transportation Security Act (MTSA) of 2002, Public Law 107-295 (f) Security and Accountability For Every Port Act (SAFE Port Act) of 2006, Public Law 109-347 (g) Coast Guard Authorization Act of 2010, Public Law 111-281 (h) Transportation Security Administration memo dtd 05 Dec 2016 to U.S. Coast Guard (CG-FAC)

Guidelines for Drafting the Marine Transportation System Recovery Plan — PURPOSE. This circular provides guidance to field commanders, Marine Transportation System (MTS) Recovery personnel and the maritime community to develop and maintain the MTS Recovery Plan (MTSRP). This circular provides a common template for MTSRP development to address all hazards MTS recovery processes and procedures while promoting unity of effort among all stakeholders with MTS recovery interests within each U.S. Coast

1. PURPOSE. This circular provides guidance to field commanders, Marine Transportation System (MTS) Recovery personnel and the maritime community to develop and maintain the MTS Recovery Plan (MTSRP). This circular provides a common template for MTSRP development to address all hazards MTS recovery processes and procedures while promoting unity of effort among all stakeholders with MTS recovery interests within each U.S. Coast Guard (USCG) Captain of the Port (COTP) Zone.

Guidelines for Drafting the Marine Transportation System Recovery Plan — ACTION. USCG Sector Commanders and Commanding Officers of Marine Safety Units with COTP authority will give the guidance in this circular the widest dissemination to port partners and stakeholders. COTPs, with the assistance of port partners and stakeholders, should utilize the guidance in Enclosure (1) when drafting the MTSRP. Internet release is authorized.

ACTION. USCG Sector Commanders and Commanding Officers of Marine Safety Units with COTP authority will give the guidance in this circular the widest dissemination to port partners and stakeholders. COTPs, with the assistance of port partners and stakeholders, should utilize the guidance in Enclosure (1) when drafting the MTSRP. Internet release is authorized.

Guidelines for Drafting the Marine Transportation System Recovery Plan — DIRECTIVES AFFECTED. References (a), (b), (c), and (d) will be revised.

DIRECTIVES AFFECTED. References (a), (b), (c), and (d) will be revised.

Guidelines for Drafting the Marine Transportation System Recovery Plan — BACKGROUND/DISCUSSION. Reference (e) requires COTPs, as Federal Maritime Security Coordinators (FMSCs), to implement and exercise Area Maritime Security Plans (AMSPs) to enhance deterrence and response to Transportation Security Incidents (TSIs) and maritime terrorism threats. References (f) and (g) amended 46 U.S. Code Chapter 701 requiring the AMSP to include a Salvage Response Plan and to establish area response and reco

4. BACKGROUND/DISCUSSION. Reference (e) requires COTPs, as Federal Maritime Security Coordinators (FMSCs), to implement and exercise Area Maritime Security Plans (AMSPs) to enhance deterrence and response to Transportation Security Incidents (TSIs) and maritime terrorism threats. References (f) and (g) amended 46 U.S. Code Chapter 701 requiring the AMSP to include a Salvage Response Plan and to establish area response and recovery protocols to prepare for, respond to, and recover from a TSI. However, these protocols can be applied to other non-security operations, such as an oil/hazardous material release, a natural disaster response, mass rescue operations, or other contingency events. The MTSRP supports recovery and restoration of the MTS in order to effectively and efficiently resume port operations following a disruption to the MTS, no matter the source of the disruption. In the fall of 2016, Coast Guard Headquarters, Office of Port and Facility Compliance (CG-FAC) formed a workgroup comprised of Area, District and Sector representatives to enhance the MTSRP format and content for use during different incident responses. Additionally, reference (h) determined the MTSRP does not contain Sensitive Security Information (SSI) and can be removed from reference (c). Therefore, this NVIC establishes the MTSRP as a stand-alone plan that can be implemented in conjunction with other contingency plans.

Guidelines for Drafting the Marine Transportation System Recovery Plan — DISCLAIMER. This guidance is not a substitute for applicable legal requirements, nor is itself a rule. It is intended to provide operational guidance for Coast Guard personnel and the marine industry. It is not intended nor does it impose legally binding requirements on any party outside the Coast Guard.

DISCLAIMER. This guidance is not a substitute for applicable legal requirements, nor is itself a rule. It is intended to provide operational guidance for Coast Guard personnel and the marine industry. It is not intended nor does it impose legally binding requirements on any party outside the Coast Guard.

Guidelines for Drafting the Marine Transportation System Recovery Plan — IMPACT ASSESSMENT.

a. Personnel Resources Required. This stand-alone MTSRP is an update to the MTSRP required by reference (c). This update will be completed by Coast Guard staff assigned to Contingency Planning and Force Readiness (CPFR) and the advisory body assigned to MTS Recovery. For those field units with a civilian assigned as a Security Specialist (Port/Recovery), it is expected that they will be assigned to complete this task with support from the CPFR staff. The CPFR Division will be responsible for preparing, maintaining, and exercising the MTSRP. District Commanders will direct their existing staff, normally the civilian Security Specialist (Port/Recovery) or Port Security Specialist, to review the MTSRP, support field units with developing the plan, and participate in training and exercises. Area Commanders will be responsible for the final review and approval of the MTSRP and support District Commanders with development of the plan, training, and exercises. b. Training Required. There is no required training to write this plan. However, it is highly encouraged that personnel writing this plan have MTS Recovery Unit Leader Course (MTSL) training. c. Funding. It is expected that funding to develop a stand-alone MTSRP be accomplished via the normal budgeting process. However, field units may submit resource requests to Commandant (CG-FAC), via their chain of command, for additional funding to support plan development activities, such as travel and purchase of supporting materials (e.g. paper, printing, electronic media, etc).

Guidelines for Drafting the Marine Transportation System Recovery Plan — ENVIRONMENTAL ASPECTS AND IMPACT CONSIDERATIONS. The development of this Manual and the general policies contained within it have been thoroughly reviewed by the originating office in conjunction with the Office of Environmental Management, and are categorically excluded (CE) under current DHS A 3 (c) from further environmental analysis, in accordance with Section V.B.2. and Table 1 - List of DHS Categorical Exclusions of t

7. ENVIRONMENTAL ASPECTS AND IMPACT CONSIDERATIONS. The development of this Manual and the general policies contained within it have been thoroughly reviewed by the originating office in conjunction with the Office of Environmental Management, and are categorically excluded (CE) under current DHS A 3 (c) from further environmental analysis, in accordance with Section V.B.2. and Table 1 - List of DHS Categorical Exclusions of the National Environmental Policy Act (NEPA) Instruction Manual 023-01-001-01, Revision 01. This Manual implements, without substantive change, the procedures, manuals, and other guidance documents. This guidance will not have any of the following: significant cumulative impacts on the human environment; substantial controversy or substantial change to existing environmental conditions; or inconsistencies with any Federal, State, or Local laws or administrative determinations relating to the environment. All future specific actions resulting from the general policies in this guidance must be individually evaluated for compliance with the NEPA, Council on Environmental Policy NEPA regulations at 40 CFR Parts 1500-1508, DHS and Coast Guard NEPA policy, and compliance with all other environmental mandates.

Guidelines for Drafting the Marine Transportation System Recovery Plan — DISTRIBUTION. No paper distribution will be made of this NVIC. An electronic version will be located at http://www.uscg.mil/hq/cg5/nvic.

DISTRIBUTION. No paper distribution will be made of this NVIC. An electronic version will be located at http://www.uscg.mil/hq/cg5/nvic.

Guidelines for Drafting the Marine Transportation System Recovery Plan — RECORDS MANAGEMENT CONSIDERATIONS. This Circular has been thoroughly reviewed during the directives clearance process, and it has been determined there are no further records scheduling requirements, in accordance with Federal Records Act, 44 U.S.C. 3101 et seq. NARA requirements, and Information and Life Cycle Management Manual, COMDTINST M5212.12 (series). This policy does not have any significant or substantial changes t

9. RECORDS MANAGEMENT CONSIDERATIONS. This Circular has been thoroughly reviewed during the directives clearance process, and it has been determined there are no further records scheduling requirements, in accordance with Federal Records Act, 44 U.S.C. 3101 et seq. NARA requirements, and Information and Life Cycle Management Manual, COMDTINST M5212.12 (series). This policy does not have any significant or substantial changes to existing records management requirements.

Guidelines for Drafting the Marine Transportation System Recovery Plan — FORMS/REPORTS. None

FORMS/REPORTS. None

Guidelines for Drafting the Marine Transportation System Recovery Plan — REQUEST FOR CHANGES. All requests for changes and questions regarding implementation of this NVIC should be directed to the Marine Transportation System Resilience and Recovery Branch within the Domestic Ports Division, (CG-FAC-1), at CGHQMTSR@uscg.mil.

J. P. NADEAU Rear Admiral, U.S. Coast Guard Assistant Commandant for Prevention Policy Encl: (1) MTSRP Template (2) MTSRP Exercise Guidance