There are three recognized kinds of organizations that provide port-wide layered security: a port authority, State and local governments, and consortia or associations which represent MTSA regulated entities as defined in 33 CFR Parts 101, 104, and 105.
A port authority may provide layered security through port-wide prevention and detection activities on behalf of all port users, the landlord for the tenants on port property, or as the owner operator of the port operations. This layered security must include MTSA regulated entities, and the layered security provided by the port authority must be addressed in the regulated entities’ security plan.
State and local governments, through law enforcement or other recognizable State or local agencies, may also provide layered security for MTSA regulated entities. Those government agencies that are responsible for maintaining security for MTSA regulated entities must be addressed in the regulated entities’ security plan or in the Area Maritime Security Plan developed by the Coast Guard Captain of the Port and the Area Maritime Security Committee.
Consortia or associations that provide layered security to MTSA regulated facilities. The consortium or association entity that submits the application must be a MTSA regulated entity. In addition, the layered protection provided must be addressed in the regulated entities’ security plan.
Ownership of port facilities varies from port to port. In some cases, individual tenants own land within a port, while others lease their space from the port entity. Additionally, approximately 90% of the Nation’s port infrastructure is privately owned and operated. Within ports, the highest risk assets include oil, chemical, gas terminals and passenger/ferry vessels/terminals that are often owned/operated by the private sector. The Department recognizes the unique challenges this represents with respect to portwide risk reduction. The Department also believes that security should be a shared responsibility. To address this issue, the Department has determined that private companies3 are eligible to apply for funding under the FY 2005 PSG Program. However, applications from private entities must demonstrate a cash match of at least 50% of the total amount requested in Federal funding in order to be considered. Note: Applications may not be submitted on behalf of a private company by a public entity and sub-awarded back to the private company to avoid the cash match requirement.
http://www.ojp.usdoj.gov/odp/docs/fy2005psg.pdf