Chapter 07. Maryland Port Terminals, Properties, and Vessels Security
Regulation .01 Application.LinkCopy Citation
This chapter applies to all users, as defined in Regulation .02 of this chapter.
Regulation .02 Definitions.LinkCopy Citation
A.
In this chapter, the following terms have the meanings indicated.
B.
Terms Defined.
(1)
“Citation” has the meaning stated in COMAR 11.05.03.02B(2).
(2)
“MPA property” has the meaning stated in COMAR 11.05.03.02B(9).
(3)
“Port facilities” has the meaning stated in COMAR 11.05.03.02B(11).
(4)
“Terminals” means those portions of port facilities, including but not limited to the piers, wharves, bulkheads, docks, banks, and other facilities, under the control of the MPA including but not limited to:
(a)
Childs Street (Pier 4);
(b)
Clinton Street (Pier 1);
(c)
Cox Creek;
(d)
Dundalk Marine Terminal;
(e)
Fairfield Automobile Terminal;
(f)
Hawkins Point Marine Terminal;
(g)
Locust Point Marine Terminal—North;
(h)
Locust Point Marine Terminal—South;
(i)
Masonville Marine Terminal; and
(j)
Seagirt Marine Terminal.
(5)
“TWIC” means the Transportation Worker Identification Credential issued by the federal government pursuant to Title 49 Code of Federal Regulations and Navigation and Inspection Circular 03-07.
(6)
“User” means an ocean carrier, rail carrier, lighter operator, motor carrier, custom house broker, independent contractor, stevedore, freight forwarder, shipper, consignee, or other user of, or person present on MPA property or within 100 feet of port facilities or any vessel secured thereto, including but not limited to agents, servants, employees, tenants, subtenants, customers, and any commercial or social invitees of any of the aforesaid parties or entities.
Regulation .03 Security.LinkCopy Citation
A.
Security-Based Entry and Exclusion.
(1)
The MPA may enter a user's premises on a port facility at any time to address any matter that, in the MPA's sole discretion, warrants such entry in the interest of the safety or security of a port facility, person, or property thereon, or any vessel secured thereto.
(2)
The MPA may bar any user from entering any premises on a port facility, including that leased to the user, if, in the MPA's sole discretion, the bar is warranted in the interest of the safety or security of a port facility, person, or property thereon, or any vessel secured thereto.
(3)
The MPA may revoke the authorization of any user to enter any premises on a port facility, including that leased to the user, if the person is charged with:
(a)
A criminal violation involving the use or possession of a weapon;
(b)
A criminal violation involving theft;
(c)
Falsification of any information on the application for an identification badge or vehicle permit, or both; or
(d)
Misuse of another person’s identification card or vehicle permit, including but not limited to attempting to gain access to MPA property by using an identification card or vehicle permit issued to another person.
(4)
The revocation will remain in effect:
(a)
From the date charges are filed until the charges are adjudicated;
(b)
For a period of 1 year from the date of a guilty plea, judgment of guilt, or acceptance of probation before judgment; or
(c)
Permanently from the date of a guilty plea, judgment of guilt, or acceptance of probation before judgment for a second or subsequent offense under these regulations.
B.
Access.
(1)
Entry onto MPA property is not allowed without prior MPA approved access, MPA approved identification, and a valid business purpose.
(2)
Anyone who enters MPA terminals shall have and display either a TWIC card or an MPA approved visitor credential.
(3)
All persons shall comply with Navigation and Inspection Circular 03-07, regarding escorts of visitors while entering or while on any MPA facility.
(4)
A vessel not authorized in advance by the MPA may not approach or dock at a port facility at any time.
(5)
Authorized vessels wishing to approach or dock at a port facility shall give 24 hours advance notice by calling Maryland Transportation Authority (MdTA) Police at (410) 633-1119.
C.
Exceptions. Bona fide law enforcement, fire, or emergency medical service personnel are exempt from these entry regulations when performing their official duties and in possession of an approved identification.
Regulation .04 Prohibited Activities.LinkCopy Citation
A.
A user, an employee or invitee of a user, or any other person may not:
(1)
On port facilities or MPA property:
(a)
Provide false information to gain access to a terminal or to cargo;
(b)
Violate, interfere with, tamper with, or otherwise attempt to circumvent any security procedures of the MPA;
(c)
Violate any State or federal statute or regulation; or
(d)
Hunt or discharge firearms; or
(2)
Within 100 feet of a port facility when not occupied by a vessel or within 100 feet of any vessel moored to a port facility:
(a)
Swim, dive, or wade;
(b)
Fish or crab; or
(c)
Engage in recreational boating.
B.
A user, or an employee or invitee of the user, or any other person may not do any of the following on port facilities or MPA property, without express written authorization by the MPA:
(1)
Deliver, receive, or remove cargo or equipment to or from a port facility without following established procedures;
(2)
Damage or remove property of the MPA or any user without authorization by the owner of the property or the owner's designee;
(3)
Dump personal trash, waste, or any other material;
(4)
Possess weapons or firearms;
(5)
Fish or crab;
(6)
Swim or dive; or
(7)
Operate, park, or store vehicles off-road.
C.
Film, videotape, or other image-retention media used on a terminal to capture images of security sensitive sites, restricted areas or other critical infrastructure regulated by 33 CFR, §105.260 and that the MPA Office of Security or the MdTA Police, in its sole discretion, determines to constitute a breach of security, shall be subject to confiscation. Confiscation and retention of property under this section shall be performed in accordance with MdTA Police procedures.
D.
Except as provided in §C of this regulation, and only with advance notice to the MPA Office of Security, photography, filming, or video camera use is permitted by:
(1)
Law enforcement officers or employees of other government agencies including but not limited to the United States Coast Guard, United States Department of Homeland Security, MdTA Police, and the Baltimore City Police Department for law enforcement or homeland security purposes;
(2)
MPA employees within the scope of their employment;
(3)
Exclusive representative of employees under State Personnel and Pensions Article, Title 3, Annotated Code of Maryland, to protect the health and safety of employees;
(4)
Ocean carriers, rail carriers, lighter operators, motor carriers, custom house brokers, independent contractors, stevedores, freight forwarders, shippers, consignees, or other users of port facilities, including but not limited to agents, servants, employees, tenants, subtenants, customers, and any commercial or social invitees of any of the aforesaid parties or entities as part of their legitimate business activities on MPA property; and
(5)
Members of the news media or others persons who have received advance authorization from the MPA.
Regulation .05 Violations and Penalties.LinkCopy Citation
A.
An MdTA Police officer may arrest violators and issue citations for violations of the regulations in this chapter. Violations are considered misdemeanors and conviction may result in penalties in accordance with Transportation Article, §6-602, Annotated Code of Maryland.
B.
Maximum penalties for violating any of these regulations are a fine of $500 or imprisonment for not more than 1 year, or both.
Chapter annotations
Authority: Transportation Article, §6-204, Annotated Code of Maryland
History: Effective date: February 26, 2007 (34:4 Md. R. 401)
History: Regulation .02B amended effective April 6, 2009 (36:7 Md. R. 525)
History: Regulation .03A amended effective January 5, 2015 (41:26 Md. R. 1570)
History: Regulation .03B amended effective April 6, 2009 (36:7 Md. R. 525)
History: Regulation .03C adopted effective April 6, 2009 (36:7 Md. R. 525)
History: Regulation .04A, D amended effective April 6, 2009 (36:7 Md. R. 525)
History: Regulation .05 amended effective April 6, 2009 (36:7 Md. R. 525)