who is subject to the MTSA regulations of 33 CFR Part 105 and who fails to submit a required facility security plan to the Coast Guard?
A facility owner and/or operator subject to the MTSA regulations of 33 CFR Part 105 is required to submit a completed assessment report with a facility security plan to the Coast Guard by 31 December 2003. Failure to submit the assessment report and facility security plan by December 31, 2003 is a violation of the MTSA regulations and may result in a civil penalty against the owner/operator of the facility. Under the regulations, the Coast Guard Captain of the Port (COTP) may impose civil penalties that range up to $25,000.00 per violation of the MTSA requirements. After the July 1, 2004 deadline, non-compliant operators are subject to having their operation shut down until an approved security plan is in place. See 33 CFR 105.310, 33 CFR 105.410, 33 CFR 101.415 and NVIC 03-03.
