1625-0077 Stat/Authority

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Pt. 105

33 CFR Ch. I (7–1–10 Edition)

amendment is to take effect unless the
MSC allows a shorter period. The MSC
will approve or disapprove the proposed
amendment in accordance with § 104.410
of this part.
(3) Nothing in this section should be
construed as limiting the vessel owner
or operator from the timely implementation of such additional security
measures not enumerated in the approved VSP as necessary to address exigent security situations. In such
cases, the owner or operator must notify the MSC by the most rapid means
practicable as to the nature of the additional measures, the circumstances
that prompted these additional measures, and the period of time these additional measures are expected to be in
place.
(4) If the owner or operator has
changed, the Vessel Security Officer
(VSO) must amend the Vessel Security
Plan (VSP) to include the name and
contact information of the new vessel
owner or operator and submit the affected portion of the VSP for review
and approval in accordance with
§ 104.410 of this part.
(b) Audits. (1) The CSO or VSO must
ensure an audit of the VSP is performed annually, beginning no later
than one year from the initial date of
approval and attach a letter to the
VSP certifying that the VSP meets the
applicable requirements of this part.
(2) The VSP must be audited if there
is a change in the company’s or vessel’s
ownership or operator, or if there have
been modifications to the vessel, including but not limited to physical
structure, emergency response procedures, security measures, or operations.
(3) Auditing the VSP as a result of
modifications to the vessel may be limited to those sections of the VSP affected by the vessel modifications.
(4) Unless impracticable due to the
size and nature of the company or the
vessel, personnel conducting internal
audits of the security measures specified in the VSP or evaluating its implementation must:
(i) Have knowledge of methods of
conducting audits and inspections, and
control and monitoring techniques;
(ii) Not have regularly assigned security duties; and

(iii) Be independent of any security
measures being audited.
(5) If the results of an audit require
amendment of either the VSA or VSP,
the VSO or CSO must submit, in accordance with § 104.410 of this part, the
amendments to the MSC for review and
approval no later than 30 days after
completion of the audit and a letter
certifying that the amended VSP
meets the applicable requirements of
this part.
[USCG–2003–14749, 68 FR 39302, July 1, 2003; 68
FR 41915, July 16, 2003, as amended at 68 FR
60515, Oct. 22, 2003]

PART 105—MARITIME SECURITY:
FACILITIES
Subpart A-General
Sec.
105.100 Definitions.
105.105 Applicability.
105.106 Public access areas.
105.110 Exemptions.
105.115 Compliance dates.
105.120 Compliance documentation.
105.125 Noncompliance.
105.130 Waivers.
105.135 Equivalents.
105.140 Alternative Security Program.
105.145 Maritime Security (MARSEC) Directive.
105.150 Right to appeal.

Subpart B—Facility Security Requirements
105.200 Owner or operator.
105.205 Facility Security Officer (FSO).
105.210 Facility personnel with security duties.
105.215 Security training for all other facility personnel.
105.220 Drill and exercise requirements.
105.225 Facility
recordkeeping
requirements.
105.230 Maritime Security (MARSEC) Level
coordination and implementation.
105.235 Communications.
105.240 Procedures for interfacing with vessels.
105.245 Declaration of Security (DoS).
105.250 Security systems and equipment
maintenance.
105.255 Security measures for access control.
105.257 Security measures for newly-hired
employees.
105.260 Security measures for restricted
areas.
105.265 Security measures for handling
cargo.

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Coast Guard, DHS

§ 105.105

105.270 Security measures for delivery of
vessel stores and bunkers.
105.275 Security measures for monitoring.
105.280 Security incident procedures.
105.285 Additional requirements—passenger
and ferry facilities.
105.290 Additional
requirements—cruise
ship terminals.
105.295 Additional
requirements—Certain
Dangerous Cargo (CDC) facilities.
105.296 Additional
requirements—barge
fleeting facilities.

Subpart C—Facility Security Assessment
(FSA)
105.300 General.
105.305 Facility Security Assessment (FSA)
requirements.
105.310 Submission requirements.

Subpart D—Facility Security Plan (FSP)
105.400 General.
105.405 Format and content of the Facility
Security Plan (FSP).
105.410 Submission and approval.
105.415 Amendment and audit.
APPENDIX A TO PART 105—FACILITY VULNERABILITY AND SECURITY MEASURE SUMMARY
(CG–6025).
AUTHORITY: 33 U.S.C. 1226, 1231; 46 U.S.C.
70103; 50 U.S.C. 191; 33 CFR 1.05–1, 6.04–11, 6.14,
6.16, and 6.19; Department of Homeland Security Delegation No. 0170.1.
SOURCE: USCG–2003–14732, 68 FR 39322, July
1, 2003, unless otherwise noted.

Subpart A—General
§ 105.100

Definitions.

Except as specifically stated in this
subpart, the definitions in part 101 of
this subchapter apply to this part.

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§ 105.105

Applicability.

(a) The requirements in this part
apply to the owner or operator of any
U.S.:
(1) Facility subject to 33 CFR parts
126, 127, or 154;
(2) Facility that receives vessels certificated to carry more than 150 passengers, except those vessels not carrying and not embarking or disembarking passengers at the facility;
(3) Facility that receives vessels subject to the International Convention
for Safety of Life at Sea, 1974, chapter
XI;

(4) Facility that receives foreign
cargo vessels greater than 100 gross
register tons;
(5) Facility that receives U.S. cargo
vessels, greater than 100 gross register
tons, subject to 46 CFR chapter I, subchapter I, except for those facilities
that receive only commercial fishing
vessels inspected under 46 CFR part
105; or
(6) Barge fleeting facility that receives barges carrying, in bulk, cargoes
regulated by 46 CFR chapter I, subchapters D or O, or Certain Dangerous
Cargoes.
(b) An owner or operator of any facility not covered in paragraph (a) of this
section is subject to parts 101 through
103 of this subchapter.
(c) This part does not apply to the
owner or operator of the following U.S.
facilities:
(1) A facility owned or operated by
the U.S. that is used primarily for military purposes.
(2) An oil and natural gas production,
exploration, or development facility
regulated by 33 CFR parts 126 or 154 if:
(i) The facility is engaged solely in
the exploration, development, or production of oil and natural gas; and
(ii) The facility does not meet or exceed the operating conditions in
§ 106.105 of this subchapter;
(3) A facility that supports the production, exploration, or development of
oil and natural gas regulated by 33 CFR
parts 126 or 154 if:
(i) The facility is engaged solely in
the support of exploration, development, or production of oil and natural
gas and transports or stores quantities
of hazardous materials that do not
meet or exceed those specified in 49
CFR 172.800(b)(1) through (b)(6); or
(ii) The facility stores less than 42,000
gallons of cargo regulated by 33 CFR
part 154;
(4) A mobile facility regulated by 33
CFR part 154; or
(5) An isolated facility that receives
materials regulated by 33 CFR parts 126
or 154 by vessel due to the lack of road
access to the facility and does not distribute the material through secondary
marine transfers.
(d) The TWIC requirements found in
this part do not apply to mariners employed aboard vessels moored at U.S.

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§ 105.106

33 CFR Ch. I (7–1–10 Edition)

facilities only when they are working
immediately adjacent to their vessels
in the conduct of vessel activities.
[USCG–2003–14732, 68 FR 39322, July 1, 2003, as
amended at 68 FR 60541, Oct. 22, 2003; USCG–
2006–24196, 72 FR 55048, Sept. 28, 2007]

§ 105.106 Public access areas.
(a) A facility serving ferries or passenger vessels certificated to carry
more than 150 passengers, other than
cruise ships, may designate an area
within the facility as a public access
area.
(b) A public access area is a defined
space within a facility that is open to
all persons and provides pedestrian access through the facility from public
thoroughfares to the vessel.

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[USCG–2003–14732, 68 FR 39322, July 1, 2003, as
amended at 68 FR 60540, Oct. 22, 2003]

§ 105.110 Exemptions.
(a) An owner or operator of any barge
fleeting facility subject to this part is
exempt from complying with § 105.265,
Security measures for handling cargo;
and § 105.270, Security measures for delivery of vessel stores and bunkers.
(b) A public access area designated
under § 105.106 is exempt from the requirements for screening of persons,
baggage, and personal effects and identification of persons in § 105.255(c),
(e)(1), (e)(3), (f)(1), and (g)(1) and
§ 105.285(a)(1).
(c) An owner or operator of any general shipyard facility as defined in
§ 101.105 is exempt from the requirements of this part unless the facility:
(1) Is subject to parts 126, 127, or 154
of this chapter; or
(2) Provides any other service to vessels subject to part 104 of this subchapter not related to construction, repair, rehabilitation, refurbishment, or
rebuilding.
(d) Public access facility. (1) The COTP
may exempt a public access facility
from the requirements of this part, including establishing conditions for
which such an exemption is granted, to
ensure that adequate security is maintained.
(2) The owner or operator of any public access facility exempted under this
section must:
(i) Comply with any COTP conditions
for the exemption; and

(ii) Ensure that the cognizant COTP
has the appropriate information for
contacting the individual with security
responsibilities for the public access facility at all times.
(3) The cognizant COTP may withdraw the exemption for a public access
facility at any time the owner or operator fails to comply with any requirement of the COTP as a condition of the
exemption or any measure ordered by
the COTP pursuant to existing COTP
authority.
(e) An owner or operator of a facility
is not subject to this part if the facility
receives only vessels to be laid-up, dismantled, or otherwise placed out of
commission provided that the vessels
are not carrying and do not receive
cargo or passengers at that facility.
[USCG–2003–14732, 68 FR 39322, July 1, 2003, as
amended at 68 FR 60540, Oct. 22, 2003]

§ 105.115

Compliance dates.

(a) On or before December 31, 2003, facility owners or operators must submit
to the cognizant COTP for each facility—
(1) The Facility Security Plan described in subpart D of this part for review and approval; or
(2) If intending to operate under an
approved Alternative Security Program, a letter signed by the facility
owner or operator stating which approved Alternative Security Program
the owner or operator intends to use.
(b) On or before July 1, 2004, each facility owner or operator must be operating in compliance with this part.
(c) Facility owners or operators wishing to designate only those portions of
their facility that are directly connected to maritime transportation or
are at risk of being involved in a transportation security incident as their secure area(s) must do so by submitting
an amendment to their Facility Security Plan to their cognizant COTP, in
accordance with § 105.415 of this part,
by September 4, 2007.
(d) Persons required to obtain a
TWIC under this part may enroll beginning after the date set by the Coast
Guard in a Notice to be published in
the FEDERAL REGISTER. This notice
will be directed to all facilities and
vessels within a specific COTP zone.

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Coast Guard, DHS

§ 105.140

(e) Facility owners or operators must
be operating in accordance with the
TWIC provisions in this part by the
date set by the Coast Guard in a Notice
to be published in the FEDERAL REGISTER. This Notice will be published at
least 90 days before compliance must
begin, and will be directed to all facilities within a specific Captain of the
Port zone, based on whether enrollment has been completed in that zone.
Unless an earlier compliance date is
specified in this manner, all facility
owner or operators will need to implement their TWIC provisions no later
than April 15, 2009.
[USCG–2003–14732, 68 FR 39322, July 1, 2003, as
amended at 68 FR 60540, Oct. 22, 2003; USCG–
2004–19963, 70 FR 74669, Dec. 16, 2005; USCG–
2006–24196, 72 FR 3582, Jan. 25, 2007; 72 FR
38486, July 13, 2007; 73 FR 25565, May 7, 2008]

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§ 105.120

Compliance documentation.

Each facility owner or operator subject to this part must ensure, on or before July 1, 2004, that copies of the following documentation are available at
the facility and are made available to
the Coast Guard upon request:
(a) The approved Facility Security
Plan (FSP), as well as any approved revisions or amendments thereto, and a
letter of approval from the COTP dated
within the last 5 years;
(b) The FSP submitted for approval
and an acknowledgement letter from
the COTP stating that the Coast Guard
is currently reviewing the FSP submitted for approval, and that the facility may continue to operate so long as
the facility remains in compliance
with the submitted FSP; or
(c) For facilities operating under a
Coast Guard-approved Alternative Security Program as provided in § 105.140,
a copy of the Alternative Security Program the facility is using, including a
facility specific security assessment report generated under the Alternative
Security Program, as specified in
§ 101.120(b)(3) of this subchapter, and a
letter signed by the facility owner or
operator, stating which Alternative Security Program the facility is using
and certifying that the facility is in
full compliance with that program.
[USCG–2003–14732, 68 FR 39322, July 1, 2003, as
amended at 68 FR 60541, Oct. 22, 2003]

§ 105.125

Noncompliance.

When a facility must temporarily deviate from the requirements of this
part, the facility owner or operator
must notify the cognizant COTP, and
either suspend operations or request
and receive permission from the COTP
to continue operating.
[USCG–2003–14732, 68 FR 60541, Oct. 22, 2003]

§ 105.130

Waivers.

Any facility owner or operator may
apply for a waiver of any requirement
of this part that the facility owner or
operator considers unnecessary in light
of the nature or operating conditions of
the facility, prior to operating. A request for a waiver must be submitted
in writing with justification to the
Commandant (CG-54) at 2100 2nd St.
SW., Stop 7581, Washington, DC 20593–
7581. The Commandant (CG-54) may require the facility owner or operator to
provide data for use in determining the
validity of the requested waiver. The
Commandant (CG-54) may grant, in
writing, a waiver with or without conditions only if the waiver will not reduce the overall security of the facility, its employees, visiting vessels, or
ports.
[USCG–2003–14732, 68 FR 39322, July 1, 2003; 68
FR 41916, July 16, 2003; USCG–2008–0179, 73 FR
35009, June 19, 2008; USCG–2010–0351, 75 FR
36282, June 25, 2010]

§ 105.135

Equivalents.

For any measure required by this
part, the facility owner or operator
may propose an equivalent as provided
in § 101.130 of this subchapter.
§ 105.140 Alternative
gram.

Security

(a) A facility owner or operator may
use an Alternative Security Program
approved under § 101.120 of this subchapter if:
(1) The Alternative Security Program
is appropriate to that facility;
(2) The Alternative Security Program
is implemented in its entirety.
(b) A facility owner or operator using
an Alternative Security Program approved under § 101.120 of this subchapter must complete and submit to

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§ 105.145

33 CFR Ch. I (7–1–10 Edition)

the cognizant COTP a Facility Vulnerability and Security Measures Summary (Form CG–6025) in appendix A to
part 105—Facility Vulnerability and
Security (CG–6025).
§ 105.145 Maritime Security (MARSEC)
Directive.
Each facility owner or operator subject to this part must comply with any
instructions contained in a MARSEC
Directive issued under § 101.405 of this
subchapter.
§ 105.150 Right to appeal.
Any person directly affected by a decision or action taken under this part,
by or on behalf of the Coast Guard,
may appeal as described in § 101.420 of
this subchapter.

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Subpart B—Facility Security
Requirements
§ 105.200 Owner or operator.
(a) Each facility owner or operator
must ensure that the facility operates
in compliance with the requirements of
this part.
(b) For each facility, the facility
owner or operator must:
(1) Define the security organizational
structure and provide each person exercising security duties and responsibilities within that structure the support
needed to fulfill those obligations;
(2) Designate, in writing, by name or
by title, a Facility Security Officer
(FSO) and identify how the officer can
be contacted at any time;
(3) Ensure that a Facility Security
Assessment (FSA) is conducted;
(4) Ensure the development and submission for approval of an FSP;
(5) Ensure that the facility operates
in compliance with the approved FSP;
(6) Ensure that the TWIC program is
properly implemented as set forth in
this part, including:
(i) Ensuring that only individuals
who hold a TWIC and are authorized to
be in the secure area in accordance
with the FSP are permitted to escort;
(ii) Identifying what action is to be
taken by an escort, or other authorized
individual, should individuals under escort engage in activities other than
those for which escorted access was
granted; and

(iii) Notifying facility employees,
and passengers if applicable, of what
parts of the facility are secure areas
and public access areas, as applicable,
and ensuring such areas are clearly
marked.
(7) Ensure that restricted areas are
controlled and TWIC provisions are coordinated, if applied to such restricted
areas;
(8) Ensure that adequate coordination of security issues takes place between the facility and vessels that call
on it, including the execution of a Declaration of Security (DoS) as required
by this part;
(9) Ensure coordination of shore leave
for vessel personnel or crew changeout, as well as access through the facility for visitors to the vessel (including
representatives of seafarers’ welfare
and labor organizations), with vessel
operators in advance of a vessel’s arrival. In coordinating such leave, facility owners or operators may refer to
treaties of friendship, commerce, and
navigation between the U.S. and other
nations. The text of these treaties can
be found at http://www.marad.dot.gov/
Programs/treaties.html;
(10) Ensure, within 12 hours of notification of an increase in MARSEC
Level, implementation of the additional security measures required for
the new MARSEC Level;
(11) Ensure security for unattended
vessels moored at the facility;
(12) Ensure the report of all breaches
of security and transportation security
incidents to the National Response
Center in accordance with part 101 of
this chapter;
(13) Ensure consistency between security requirements and safety requirements;
(14) Inform facility personnel of their
responsibility to apply for and maintain a TWIC, including the deadlines
and methods for such applications, and
of their obligation to inform TSA of
any event that would render them ineligible for a TWIC, or which would invalidate their existing TWIC;
(15) Ensure that protocols consistent
with section 105.255(c) of this part, for
dealing with individuals requiring access who report a lost, damaged, or stolen TWIC, or who have applied for and

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Coast Guard, DHS

§ 105.205

not yet received a TWIC, are in place;
and
(16) If applicable, ensure that protocols consistent with § 105.257 of this
part, for dealing with newly hired employees who have applied for and not
yet received a TWIC, are in place.

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[USCG–2003–14732, 68 FR 39322, July 1, 2003, as
amended at 68 FR 60541, Oct. 22, 2003; USCG–
2006–24196, 72 FR 3582, Jan. 25, 2007]

§ 105.205 Facility
Security
Officer
(FSO).
(a) General. (1) The FSO may perform
other duties within the owner’s or operator’s organization, provided he or
she is able to perform the duties and
responsibilities required of the FSO.
(2) The same person may serve as the
FSO for more than one facility, provided the facilities are in the same
COTP zone and are not more than 50
miles apart. If a person serves as the
FSO for more than one facility, the
name of each facility for which he or
she is the FSO must be listed in the
Facility Security Plan (FSP) of each
facility for which or she is the FSO.
(3) The FSO may assign security duties to other facility personnel; however, the FSO retains the responsibility for these duties.
(4) The FSO must maintain a TWIC.
(b) Qualifications. (1) The FSO must
have general knowledge, through training or equivalent job experience, in the
following:
(i) Security organization of the facility;
(ii) General vessel and facility operations and conditions;
(iii) Vessel and facility security
measures, including the meaning and
the requirements of the different
MARSEC Levels;
(iv) Emergency preparedness, response, and contingency planning;
(v) Security equipment and systems,
and their operational limitations; and
(vi) Methods of conducting audits, inspections, control, and monitoring
techniques.
(2) In addition to knowledge and
training required in paragraph (b)(1) of
this section, the FSO must have knowledge of and receive training in the following, as appropriate:
(i) Relevant international laws and
codes, and recommendations;

(ii) Relevant government legislation
and regulations;
(iii) Responsibilities and functions of
local, State, and Federal law enforcement agencies;
(iv) Security assessment methodology;
(v) Methods of facility security surveys and inspections;
(vi) Instruction techniques for security training and education, including
security measures and procedures;
(vii) Handling sensitive security information and security related communications;
(viii) Current security threats and
patterns;
(ix) Recognizing and detecting dangerous substances and devices;
(x) Recognizing characteristics and
behavioral patterns of persons who are
likely to threaten security;
(xi) Techniques used to circumvent
security measures;
(xii) Conducting physical searches
and non-intrusive inspections;
(xiii) Conducting security drills and
exercises, including exercises with vessels; and
(xiv) Assessing security drills and exercises.
(xv) Knowledge of TWIC requirements.
(c) Responsibilities. In addition to
those responsibilities and duties specified elsewhere in this part, the FSO
must, for each facility for which he or
she has been designated:
(1) Ensure that the Facility Security
Assessment (FSA) is conducted;
(2) Ensure the development and implementation of a FSP;
(3) Ensure that an annual audit is
conducted, and if necessary that the
FSA and FSP are updated;
(4) Ensure the FSP is exercised per
§ 105.220 of this part;
(5) Ensure that regular security inspections of the facility are conducted;
(6) Ensure the security awareness and
vigilance of the facility personnel;
(7) Ensure adequate training to personnel performing facility security duties;
(8) Ensure that occurrences that
threaten the security of the facility are
recorded and reported to the owner or
operator;

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§ 105.210

33 CFR Ch. I (7–1–10 Edition)

(9) Ensure the maintenance of
records required by this part;
(10) Ensure the preparation and the
submission of any reports as required
by this part;
(11) Ensure the execution of any required Declarations of Security with
Masters, Vessel Security Officers or
their designated representatives;
(12) Ensure the coordination of security services in accordance with the approved FSP;
(13) Ensure that security equipment
is properly operated, tested, calibrated,
and maintained;
(14) Ensure the recording and reporting of attainment changes in MARSEC
Levels to the owner or operator and
the cognizant COTP;
(15) When requested, ensure that the
Vessel Security Officers receive assistance in confirming the identity of visitors and service providers seeking to
board the vessel through the facility;
(16) Ensure notification, as soon as
possible, to law enforcement personnel
and other emergency responders to permit a timely response to any transportation security incident;
(17) Ensure that the FSP is submitted to the cognizant COTP for approval, as well as any plans to change
the facility or facility infrastructure
prior to amending the FSP; and
(18) Ensure that all facility personnel
are briefed of changes in security conditions at the facility.
(19) Ensure the TWIC program is
being properly implemented.

erowe on DSKG8SOYB1PROD with CFR

[USCG–2003–14732, 68 FR 39322, July 1, 2003, as
amended at 68 FR 60541, Oct. 22, 2003; USCG–
2006–24196, 72 FR 3583, Jan. 25, 2007]

§ 105.210 Facility personnel with security duties.
Facility personnel responsible for security duties must maintain a TWIC,
and must have knowledge, through
training or equivalent job experience,
in the following, as appropriate:
(a) Knowledge of current security
threats and patterns;
(b) Recognition and detection of dangerous substances and devices;
(c) Recognition of characteristics and
behavioral patterns of persons who are
likely to threaten security;
(d) Techniques used to circumvent security measures;

(e) Crowd management and control
techniques;
(f) Security related communications;
(g) Knowledge of emergency procedures and contingency plans;
(h) Operation of security equipment
and systems;
(i) Testing, calibration, and maintenance of security equipment and systems;
(j) Inspection, control, and monitoring techniques;
(k) Relevant provisions of the Facility Security Plan (FSP);
(l) Methods of physical screening of
persons, personal effects, baggage,
cargo, and vessel stores; and
(m) The meaning and the consequential requirements of the different
MARSEC Levels.
(n) Familiar with all relevant aspects
of the TWIC program and how to carry
them out.
[USCG–2003–14732, 68 FR 39322, July 1, 2003, as
amended by USCG–2006–24196, 72 FR 3583,
Jan. 25, 2007]

§ 105.215 Security training
other facility personnel.

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all

All other facility personnel, including contractors, whether part-time,
full-time, temporary, or permanent,
must have knowledge of, through
training or equivalent job experience,
in the following, as appropriate:
(a) Relevant provisions of the Facility Security Plan (FSP);
(b) The meaning and the consequential requirements of the different
MARSEC Levels as they apply to them,
including emergency procedures and
contingency plans;
(c) Recognition and detection of dangerous substances and devices;
(d) Recognition of characteristics and
behavioral patterns of persons who are
likely to threaten security; and
(e) Techniques used to circumvent security measures.
(f) Familiar with all relevant aspects
of the TWIC program and how to carry
them out.
[USCG–2003–14732, 68 FR 39322, July 1, 2003, as
amended at 68 FR 60541, Oct. 22, 2003; USCG–
2006–24196, 72 FR 3583, Jan. 25, 2007]

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Coast Guard, DHS

§ 105.225

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§ 105.220 Drill and exercise requirements.
(a) General. (1) Drills and exercises
must test the proficiency of facility
personnel in assigned security duties at
all MARSEC Levels and the effective
implementation of the Facility Security Plan (FSP). They must enable the
Facility Security Officer (FSO) to identify any related security deficiencies
that need to be addressed.
(2) A drill or exercise required by this
section may be satisfied with the implementation of security measures required by the FSP as the result of an
increase in the MARSEC Level, provided the facility reports attainment
to the cognizant COTP.
(b) Drills. (1) The FSO must ensure
that at least one security drill is conducted every 3 months. Security drills
may be held in conjunction with nonsecurity drills, where appropriate.
(2) Drills must test individual elements of the FSP, including response
to security threats and incidents.
Drills should take into account the
types of operations of the facility, facility personnel changes, the type of
vessel the facility is serving, and other
relevant circumstances. Examples of
drills include unauthorized entry to a
restricted area, response to alarms, and
notification of law enforcement authorities.
(3) If a vessel is moored at the facility on the date the facility has planned
to conduct any drills, the facility cannot require the vessel or vessel personnel to be a part of or participate in
the facility’s scheduled drill.
(c) Exercises. (1) Exercises must be
conducted at least once each calendar
year, with no more than 18 months between exercises.
(2) Exercises may be:
(i) Full scale or live;
(ii) Tabletop simulation or seminar;
(iii) Combined with other appropriate
exercises; or
(iv) A combination of the elements in
paragraphs (c)(2)(i) through (iii) of this
section.
(3) Exercises may be facility-specific
or part of a cooperative exercise program with applicable facility and vessel security plans or comprehensive
port exercises.

(4) Each exercise must test communication and notification procedures,
and elements of coordination, resource
availability, and response.
(5) Exercises are a full test of the security program and must include substantial and active participation of
FSOs, and may include government authorities and vessels visiting the facility. Requests for participation of Company and Vessel Security Officers in
joint exercises should consider the security and work implications for the
vessel.
[USCG–2003–14732, 68 FR 39322, July 1, 2003, as
amended at 68 FR 60541, Oct. 22, 2003]

§ 105.225 Facility recordkeeping requirements.
(a) Unless otherwise specified in this
section, the Facility Security Officer
(FSO) must keep records of the activities as set out in paragraph (b) of this
section for at least 2 years and make
them available to the Coast Guard
upon request.
(b) Records required by this section
may be kept in electronic format. If
kept in an electronic format, they
must be protected against unauthorized deletion, destruction, or amendment. The following records must be
kept:
(1) Training. For training under
§ 105.210, the date of each session, duration of session, a description of the
training, and a list of attendees;
(2) Drills and exercises. For each drill
or exercise, the date held, description
of drill or exercise, list of participants,
and any best practices or lessons
learned which may improve the Facility Security Plan (FSP);
(3) Incidents and breaches of security.
For each incident or breach of security,
the date and time of occurrence, location within the facility, description of
incident or breaches, to whom it was
reported, and description of the response;
(4) Changes in MARSEC Levels. For
each change in MARSEC Level, the
date and time of notification received,
and time of compliance with additional
requirements;
(5) Maintenance, calibration, and testing of security equipment. For each occurrence of maintenance, calibration,
and testing, record the date and time,

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33 CFR Ch. I (7–1–10 Edition)

and the specific security equipment involved;
(6) Security threats. For each security
threat, the date and time of occurrence, how the threat was communicated, who received or identified the
threat, description of threat, to whom
it was reported, and description of the
response;
(7) Declaration of Security (DoS) A
copy of each single-visit DoS and a
copy of each continuing DoS for at
least 90 days after the end of its effective period; and
(8) Annual audit of the FSP. For each
annual audit, a letter certified by the
FSO stating the date the audit was
completed.
(c) Any record required by this part
must be protected from unauthorized
access or disclosure.
[USCG–2003–14732, 68 FR 39322, July 1, 2003, as
amended at 68 FR 60541, Oct. 22, 2003]

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§ 105.230 Maritime Security (MARSEC)
Level coordination and implementation.
(a) The facility owner or operator
must ensure the facility operates in
compliance with the security requirements in this part for the MARSEC
Level in effect for the port.
(b) When notified of an increase in
the MARSEC Level, the facility owner
and operator must ensure:
(1) Vessels moored to the facility and
vessels scheduled to arrive at the facility within 96 hours of the MARSEC
Level change are notified of the new
MARSEC Level and the Declaration of
Security is revised as necessary;
(2) The facility complies with the required additional security measures
within 12 hours; and
(3) The facility reports compliance or
noncompliance to the COTP.
(c) For MARSEC Levels 2 and 3, the
Facility Security Officer must inform
all facility personnel about identified
threats, and emphasize reporting procedures and stress the need for increased vigilance.
(d) An owner or operator whose facility is not in compliance with the requirements of this section, must inform the COTP and obtain approval
prior to interfacing with a vessel or
continuing operations.

(e) At MARSEC Level 3, in addition
to the requirements in this part, a facility owner or operator may be required to implement additional measures, pursuant to 33 CFR part 6, 160, or
165, as appropriate, which may include
but are not limited to:
(1) Use of waterborne security patrol;
(2) Use of armed security personnel
to control access to the facility and to
deter, to the maximum extent practical, a transportation security incident; and
(3) Examination of piers, wharves,
and similar structures at the facility
for the presence of dangerous substances or devices underwater or other
threats.
§ 105.235

Communications.

(a) The Facility Security Officer
must have a means to effectively notify facility personnel of changes in security conditions at the facility.
(b) Communication systems and procedures must allow effective and continuous communications between the
facility security personnel, vessels
interfacing with the facility, the cognizant COTP, and national and local
authorities with security responsibilities.
(c) At each active facility access
point, provide a means of contacting
police, security control, or an emergency operations center, by telephones,
cellular phones, and/or portable radios,
or other equivalent means.
(d) Facility communications systems
must have a backup means for both internal and external communications.
§ 105.240 Procedures
with vessels.

for

interfacing

The facility owner or operator must
ensure that there are measures for
interfacing with vessels at all MARSEC
Levels.
§ 105.245 Declaration
(DoS).

of

(a) Each facility owner or operator
must ensure procedures are established
for requesting a DoS and for handling
DoS requests from a vessel.
(b) At MARSEC Level 1, a facility receiving a cruise ship or a manned vessel carrying Certain Dangerous Cargo,

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Coast Guard, DHS

§ 105.255

in bulk, must comply with the following:
(1) Prior to the arrival of a vessel to
the facility, the Facility Security Officer (FSO) and Master, Vessel Security
Officer (VSO), or their designated representatives must coordinate security
needs and procedures, and agree upon
the contents of the DoS for the period
of time the vessel is at the facility; and
(2) Upon the arrival of the vessel at
the facility, the FSO and Master, VSO,
or their designated representative,
must sign the written DoS.
(c) Neither the facility nor the vessel
may embark or disembark passengers,
nor transfer cargo or vessel stores until
the DoS has been signed and implemented.
(d) At MARSEC Levels 2 and 3, the
FSOs, or their designated representatives, of facilities interfacing with
manned vessels subject to part 104, of
this subchapter must sign and implement DoSs as required in (b)(1) and (2)
of this section.
(e) At MARSEC Levels 1 and 2, FSOs
of facilities that frequently interface
with the same vessel may implement a
continuing DoS for multiple visits, provided that:
(1) The DoS is valid for a specific
MARSEC Level;
(2) The effective period at MARSEC
Level 1 does not exceed 90 days; and
(3) The effective period at MARSEC
Level 2 does not exceed 30 days.
(f) When the MARSEC Level increases beyond that contained in the
DoS, the continuing DoS is void and a
new DoS must be executed in accordance with this section.
(g) A copy of all currently valid continuing DoSs must be kept with the
Facility Security Plan.
(h) The COTP may require, at any
time, at any MARSEC Level, any facility subject to this part to implement a
DoS with the VSO prior to any vesselto-facility interface when he or she
deems it necessary.

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[USCG–2003–14732, 68 FR 39322, July 1, 2003, as
amended at 68 FR 60541, Oct. 22, 2003]

§ 105.250 Security systems and equipment maintenance.
(a) Security systems and equipment
must be in good working order and inspected, tested, calibrated, and main-

tained according to manufacturers’
recommendations.
(b) Security systems must be regularly tested in accordance with the
manufacturers’
recommendations;
noted deficiencies corrected promptly;
and the results recorded as required in
§ 105.225 of this subpart.
(c) The FSP must include procedures
for identifying and responding to security system and equipment failures or
malfunctions.
§ 105.255 Security measures for access
control.
(a) General. The facility owner or operator must ensure the implementation
of security measures to:
(1) Deter the unauthorized introduction of dangerous substances and devices, including any device intended to
damage or destroy persons, vessels, facilities, or ports;
(2) Secure dangerous substances and
devices that are authorized by the
owner or operator to be on the facility;
(3) Control access to the facility; and
(4) Prevent an unescorted individual
from entering an area of the facility
that is designated as a secure area unless the individual holds a duly issued
TWIC and is authorized to be in the
area.
(b) The facility owner or operator
must ensure that the following are
specified:
(1) The locations where restrictions
or prohibitions that prevent unauthorized access are applied for each
MARSEC Level, including those points
where TWIC access control provisions
will be applied. Each location allowing
means of access to the facility must be
addressed;
(2) The types of restrictions or prohibitions to be applied and the means of
enforcing them;
(3) The means used to establish the
identity of individuals not in possession of a TWIC, in accordance with
§ 101.515 of this subchapter, and procedures for escorting them;
(4) Procedures for identifying authorized and unauthorized persons at any
MARSEC level; and
(5) The locations where persons, personal effects and vehicle screenings are
to be conducted. The designated
screening areas should be covered to

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§ 105.255

33 CFR Ch. I (7–1–10 Edition)

provide for continuous operations regardless of the weather conditions.
(c) The facility owner or operator
must ensure that a TWIC program is
implemented as follows:
(1) All persons seeking unescorted access to secure areas must present their
TWIC for inspection before being allowed unescorted access, in accordance
with § 101.514 of this subchapter. Inspection must include:
(i) A match of the photo on the TWIC
to the individual presenting the TWIC;
(ii) Verification that the TWIC has
not expired; and
(iii) A visual check of the various security features present on the card to
determine whether the TWIC has been
tampered with or forged.
(2) If an individual cannot present a
TWIC because it has been lost, damaged or stolen, and he or she has previously been granted unescorted access
to the facility and is known to have
had a valid TWIC, the individual may
be given unescorted access to secure
areas for a period of no longer than 7
consecutive calendar days if:
(i) The individual has reported the
TWIC as lost, damaged, or stolen to
TSA as required in 49 CFR 1572.19(f);
(ii) The individual can present another identification credential that
meets the requirements of § 101.515 of
this subchapter; and
(iii) There are no other suspicious
circumstances associated with the individual’s claim of loss or theft.
(3) If an individual cannot present his
or her TWIC for any other reason than
outlined in paragraph (c)(2) of this section, he or she may not be granted
unescorted access to the secure area.
The individual must be under escort, as
that term is defined in part 101 of this
subchapter, at all times when inside of
a secure area.
(4) With the exception of persons
granted access according to paragraph
(c)(2) of this section, all persons granted unescorted access to secure areas of
the facility must be able to produce his
or her TWIC upon request.
(5) There must be disciplinary measures in place to prevent fraud and
abuse.
(6) The facility’s TWIC program
should be coordinated, when practicable, with identification and TWIC

access control measures of vessels or
other transportation conveyances that
use the facility.
(d) If the facility owner or operator
uses a separate identification system,
ensure that it complies and is coordinated with TWIC provisions in this
part.
(e) The facility owner or operator
must establish in the approved Facility
Security Plan (FSP) the frequency of
application of any access controls, particularly if they are to be applied on a
random or occasional basis.
(f) MARSEC Level 1. The facility
owner or operator must ensure the following security measures are implemented at the facility:
(1) Implement TWIC as set out in
paragraph (c) of this section.
(2) Screen persons, baggage (including carry-on items), personal effects,
and vehicles, for dangerous substances
and devices at the rate specified in the
approved FSP, excluding governmentowned vehicles on official business
when government personnel present
identification credentials for entry;
(3) Conspicuously post signs that describe security measures currently in
effect and clearly state that:
(i) Entering the facility is deemed
valid consent to screening or inspection; and
(ii) Failure to consent or submit to
screening or inspection will result in
denial or revocation of authorization
to enter.
(4) Check the identification of any
person not holding a TWIC and seeking
entry to the facility, including vessel
passengers, vendors, personnel duly authorized by the cognizant government
authorities, and visitors. This check
shall include confirming the reason for
boarding by examining at least one of
the following:
(i) Joining instructions;
(ii) Passenger tickets;
(iii) Boarding passes;
(iv) Work orders, pilot orders, or surveyor orders;
(v) Government identification; or
(vi) Visitor badges issued in accordance with an identification system implemented under paragraph (d) of this
section.

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Coast Guard, DHS

§ 105.257

(5) Deny or revoke a person’s authorization to be on the facility if the person is unable or unwilling, upon the request of facility personnel or a law enforcement officer, to establish his or
her identity in accordance with this
part or to account for his or her presence. Any such incident must be reported in compliance with this part;
(6) Designate restricted areas and
provide appropriate access controls for
these areas;
(7) Identify access points that must
be secured or attended to deter unauthorized access;
(8) Deter unauthorized access to the
facility and to designated restricted
areas within the facility;
(9) Screen by hand or device, such as
x-ray, all unaccompanied baggage prior
to loading onto a vessel; and
(10) Secure unaccompanied baggage
after screening in a designated restricted area and maintain security
control during transfers between the
facility and a vessel.
(g) MARSEC Level 2. In addition to
the security measures required for
MARSEC Level 1 in this section, at
MARSEC Level 2, the facility owner or
operator must ensure the implementation of additional security measures, as
specified for MARSEC Level 2 in their
approved FSP. These additional security measures may include:
(1) Increasing the frequency and detail of the screening of persons, baggage, and personal effects for dangerous substances and devices entering
the facility;
(2) X-ray screening of all unaccompanied baggage;
(3) Assigning additional personnel to
guard access points and patrol the perimeter of the facility to deter unauthorized access;
(4) Limiting the number of access
points to the facility by closing and securing some access points and providing physical barriers to impede
movement through the remaining access points;
(5) Denying access to visitors who do
not have a verified destination;
(6) Deterring waterside access to the
facility, which may include, using waterborne patrols to enhance security
around the facility; or

(7) Except for government-owned vehicles on official business when government personnel present identification
credentials for entry, screening vehicles and their contents for dangerous
substances and devices at the rate
specified for MARSEC Level 2 in the
approved FSP.
(h) MARSEC Level 3. In addition to
the security measures required for
MARSEC Level 1 and MARSEC Level 2,
at MARSEC level 3, the facility owner
or operator must ensure the implementation of additional security measures,
as specified for MARSEC Level 3 in
their approved FSP. These additional
security measures may include:
(1) Screening all persons, baggage,
and personal effects for dangerous substances and devices;
(2) Performing one or more of the following on unaccompanied baggage:
(i) Screen unaccompanied baggage
more extensively; for example, xraying from two or more angles;
(ii) Prepare to restrict or suspend
handling of unaccompanied baggage; or
(iii) Refuse to accept unaccompanied
baggage.
(3) Being prepared to cooperate with
responders and facilities;
(4) Granting access to only those responding to the security incident or
threat thereof;
(5) Suspending access to the facility;
(6) Suspending cargo operations;
(7) Evacuating the facility;
(8) Restricting pedestrian or vehicular movement on the grounds of the
facility; or
(9) Increasing security patrols within
the facility.
[USCG–2006–24196, 72 FR 3583, Jan. 25, 2007]

§ 105.257 Security measures for newlyhired employees.
(a) Newly-hired facility employees
may be granted entry to secure areas
of the facility for up to 30 consecutive
calendar days prior to receiving their
TWIC provided all of the requirements
in paragraph (b) of this section are
met, and provided that the new hire is
accompanied by an individual with a
TWIC while within the secure areas of
the facility. If TSA does not act upon a
TWIC application within 30 days, the
cognizant Coast Guard COTP may further extend access to secure areas for

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§ 105.260

33 CFR Ch. I (7–1–10 Edition)

another 30 days. The Coast Guard will
determine whether, in particular circumstances, certain practices meet the
condition of a new hire being accompanied by another individual with a
TWIC. The Coast Guard will issue guidance for use in making these determinations.
(b) Newly-hired facility employees
may be granted the access provided for
in paragraph (a) of this section if:
(1) The new hire has applied for a
TWIC in accordance with 49 CFR part
1572 by completing the full enrollment
process, paying the user fee, and is not
currently engaged in a waiver or appeal
process. The facility owner or operator
or the Facility Security Officer (FSO)
must have the new hire sign a statement affirming this, and must retain
the signed statement until the new
hire receives a TWIC;
(2) The facility owner or operator or
the FSO enters the following information on the new hire into the Coast
Guard’s Homeport website (http://homeport.uscg.mil):
(i) Full legal name, including middle
name if one exists;
(ii) Date of birth;
(iii) Social security number (optional);
(iv) Employer name and 24 hour contact information; and
(v) Date of TWIC enrollment.
(3) The new hire presents an identification credential that meets the requirements of § 101.515 of this subchapter;
(4) There are no other circumstances
that would cause reasonable suspicion
regarding the new hire’s ability to obtain a TWIC, and the facility owner or
operator or FSO have not been informed by the cognizant COTP that the
new hire poses a security threat; and
(5) There would be an adverse impact
to facility operations if the new hire is
not allowed access.
(c) This section does not apply to any
individual being hired as a FSO, or any
individual being hired to perform facility security duties.
(d) The new hire may not begin working at the facility under the provisions
of this section until the owner, operator, or FSO receives notification, via
Homeport or some other means, the

new hire has passed an initial name
check.
[USCG–2006–24196, 72 FR 3584, Jan. 25, 2007]

§ 105.260 Security measures for restricted areas.
(a) General. The facility owner or operator must ensure the designation of
restricted areas in order to:
(1) Prevent or deter unauthorized access;
(2) Protect persons authorized to be
in the facility;
(3) Protect the facility;
(4) Protect vessels using and serving
the facility;
(5) Protect sensitive security areas
within the facility;
(6) Protect security and surveillance
equipment and systems; and
(7) Protect cargo and vessel stores
from tampering.
(b) Designation of Restricted Areas. The
facility owner or operator must ensure
restricted areas are designated within
the facility. They must also ensure
that all restricted areas are clearly
marked and indicate that access to the
area is restricted and that unauthorized presence within the area constitutes a breach of security. The facility owner or operator may also designate the entire facility as a restricted area. Restricted areas must include, as appropriate:
(1) Shore areas immediately adjacent
to each vessel moored at the facility;
(2) Areas containing sensitive security information, including cargo documentation;
(3) Areas containing security and surveillance equipment and systems and
their controls, and lighting system
controls; and
(4) Areas containing critical facility
infrastructure, including:
(i) Water supplies;
(ii) Telecommunications;
(iii) Electrical system; and
(iv) Access points for ventilation and
air-conditioning systems;
(5) Manufacturing or processing areas
and control rooms;
(6) Locations in the facility where access by vehicles and personnel should
be restricted;
(7) Areas designated for loading, unloading or storage of cargo and stores;
and

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§ 105.260

(8) Areas containing cargo consisting
of dangerous goods or hazardous substances, including certain dangerous
cargoes.
(c) The owner or operator must ensure that all restricted areas have
clearly established security measures
to:
(1) Identify which facility personnel
are authorized to have access;
(2) Determine which persons other
than facility personnel are authorized
to have access;
(3) Determine the conditions under
which that access may take place;
(4) Define the extent of any restricted
area;
(5) Define the times when access restrictions apply;
(6) Clearly mark all restricted areas
and indicate that access to the area is
restricted and that unauthorized presence within the area constitutes a
breach of security;
(7) Control the entry, parking, loading and unloading of vehicles;
(8) Control the movement and storage of cargo and vessel stores; and
(9) Control unaccompanied baggage
or personal effects.
(d) MARSEC Level 1. At MARSEC
Level 1, the facility owner or operator
must ensure the implementation of security measures to prevent unauthorized access or activities within the
area. These security measures may include:
(1) Restricting access to only authorized personnel;
(2) Securing all access points not actively used and providing physical barriers to impede movement through the
remaining access points;
(3) Assigning personnel to control access to restricted areas;
(4) Verifying the identification and
authorization of all persons and all vehicles seeking entry;
(5) Patrolling or monitoring the perimeter of restricted areas;
(6) Using security personnel, automatic intrusion detection devices, surveillance equipment, or surveillance
systems to detect unauthorized entry
or movement within restricted areas;
(7) Directing the parking, loading,
and unloading of vehicles within a restricted area;

(8) Controlling unaccompanied baggage and or personal effects after
screening;
(9) Designating restricted areas for
performing inspections of cargo and
vessel stores while awaiting loading;
and
(10) Designating temporary restricted
areas to accommodate facility operations. If temporary restricted areas
are designated, the FSP must include a
requirement to conduct a security
sweep of the designated temporary restricted area both before and after the
area has been established.
(e) MARSEC Level 2. In addition to
the security measures required for
MARSEC Level 1 in this section, at
MARSEC Level 2, the facility owner or
operator must also ensure the implementation of additional security measures, as specified for MARSEC Level 2
in their approved FSP. These additional security measures may include:
(1) Increasing the intensity and frequency of monitoring and access controls on existing restricted access
areas;
(2) Enhancing the effectiveness of the
barriers or fencing surrounding restricted areas, by the use of patrols or
automatic intrusion detection devices;
(3) Reducing the number of access
points to restricted areas, and enhancing the controls applied at the remaining accesses;
(4) Restricting parking adjacent to
vessels;
(5) Further restricting access to the
restricted areas and movements and
storage within them;
(6) Using continuously monitored and
recorded surveillance equipment;
(7) Enhancing the number and frequency of patrols, including waterborne patrols undertaken on the
boundaries of the restricted areas and
within the areas; or
(8) Establishing and restricting access to areas adjacent to the restricted
areas.
(f) MARSEC Level 3. In addition to the
security
measures
required
for
MARSEC Level 1 and MARSEC Level 2,
at MARSEC Level 3, the facility owner
or operator must ensure the implementation of additional security measures,
as specified for MARSEC Level 3 in

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33 CFR Ch. I (7–1–10 Edition)

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their approved FSP. These additional
security measures may include:
(1) Restricting access to additional
areas;
(2) Prohibiting access to restricted
areas, or
(3) Searching restricted areas as part
of a security sweep of all or part of the
facility.
§ 105.265 Security measures for handling cargo.
(a) General. The facility owner or operator must ensure that security measures relating to cargo handling, some
of which may have to be applied in liaison with the vessel, are implemented in
order to:
(1) Deter tampering;
(2) Prevent cargo that is not meant
for carriage from being accepted and
stored at the facility without the
knowing consent of the facility owner
or operator;
(3) Identify cargo that is approved for
loading onto vessels interfacing with
the facility;
(4) Include cargo control procedures
at access points to the facility;
(5) Identify cargo that is accepted for
temporary storage in a restricted area
while awaiting loading or pick up;
(6) Restrict the entry of cargo to the
facility that does not have a confirmed
date for loading, as appropriate;
(7) Ensure the release of cargo only
to the carrier specified in the cargo
documentation;
(8) When there are regular or repeated cargo operations with the same
shipper, coordinate security measures
with the shipper or other responsible
party in accordance with an established agreement and procedure; and
(9) Create, update, and maintain a
continuous inventory of all dangerous
goods and hazardous substances from
receipt to delivery within the facility,
giving the location of those dangerous
goods and hazardous substances.
(b) MARSEC Level 1. At MARSEC
Level 1, the facility owner or operator
must ensure the implementation of
measures to:
(1) Unless unsafe to do so, routinely
check cargo, cargo transport units, and
cargo storage areas within the facility
prior to, and during, cargo handling operations for evidence of tampering;

(2) Check that cargo, containers, or
other cargo transport units entering
the facility match the delivery note or
equivalent cargo documentation;
(3) Screen vehicles; and
(4) Check seals and other methods
used to prevent tampering upon entering the facility and upon storage within the facility.
(c) MARSEC Level 2. In addition to
the security measures required for
MARSEC Level 1 in this section, at
MARSEC Level 2, the facility owner or
operator must also ensure the implementation of additional security measures, as specified for MARSEC Level 2
in the approved FSP. These additional
security measures may include:
(1) Conducting check of cargo, containers or other cargo transport units,
and cargo storage areas within the facility for evidence of tampering;
(2) Intensifying checks, as appropriate, to ensure that only the documented cargo enters the facility, is
temporarily stored there, and then
loaded onto the vessel;
(3) Intensifying the screening of vehicles;
(4) Increasing frequency and detail in
checking of seals and other methods
used to prevent tampering;
(5) Coordinating enhanced security
measures with the shipper or other responsible party in accordance with an
established agreement and procedures;
(6) Increasing the frequency and intensity of visual and physical inspections; or
(7) Limiting the number of locations
where dangerous goods and hazardous
substances, including certain dangerous cargoes, can be stored.
(d) MARSEC Level 3. In addition to
the security measures required for
MARSEC Level 1 and MARSEC Level 2,
at MARSEC Level 3, the facility owner
or operator must ensure the implementation of additional security measures,
as specified for MARSEC Level 3 in the
approved FSP. These additional security measures may include:
(1) Restricting or suspending cargo
movements or operations within all or
part of the facility or specific vessels;
(2) Being prepared to cooperate with
responders and vessels; or

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§ 105.275

(3) Verifying the inventory and location of any dangerous goods and hazardous substances, including certain
dangerous cargoes, held within the facility and their location.

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[USCG–2003–14732, 68 FR 39322, July 1, 2003, as
amended at 68 FR 60541, Oct. 22, 2003]

§ 105.270 Security measures for delivery of vessel stores and bunkers.
(a) General. The facility owner or operator must ensure that security measures relating to the delivery of vessel
stores and bunkers are implemented to:
(1) Check vessel stores for package
integrity;
(2) Prevent vessel stores from being
accepted without inspection;
(3) Deter tampering;
(4) For vessels that routinely use a
facility, establish and execute standing
arrangements between the vessel, its
suppliers, and a facility regarding notification and the timing of deliveries
and their documentation; and
(5) Check vessel stores by the following means:
(i) Visual examination;
(ii) Physical examination;
(iii) Detection devices, such as scanners; or
(iv) Canines.
(b) MARSEC Level 1. At MARSEC
Level 1, the facility owner or operator
must ensure the implementation of
measures to:
(1) Screen vessel stores at the rate
specified in the approved Facility Security Plan (FSP);
(2) Require advance notification of
vessel stores or bunkers delivery, including a list of stores, delivery vehicle
driver information, and vehicle registration information;
(3) Screen delivery vehicles at the
frequencies specified in the approved
FSP; and
(4) Escort delivery vehicles within
the facility at the rate specified by the
approved FSP.
(c) MARSEC Level 2. In addition to
the security measures required for
MARSEC Level 1 in this section, at
MARSEC Level 2, the facility owner or
operator must also ensure the implementation of additional security measures, as specified for MARSEC Level 2
in the approved FSP. These additional
security measures may include:

(1) Detailed screening of vessel
stores;
(2) Detailed screening of all delivery
vehicles;
(3) Coordinating with vessel personnel to check the order against the
delivery note prior to entry to the facility;
(4) Ensuring delivery vehicles are escorted within the facility; or
(5) Restricting or prohibiting the
entry of vessel stores that will not
leave the facility within a specified period.
(d) MARSEC Level 3. In addition to
the security measures for MARSEC
Level 1 and MARSEC Level 2, at
MARSEC Level 3, the facility owner
and operator must ensure implementation of additional security measures, as
specified for MARSEC Level 3 in the
approved FSP. Examples of these additional security measures may include:
(1) Checking all vessel stores more
extensively;
(2) Restricting or suspending delivery
of vessel stores; or
(3) Refusing to accept vessel stores
on the facility.
§ 105.275 Security measures for monitoring.
(a) General. The facility owner or operator must ensure the implementation
of security measures in this section
and have the capability to continuously monitor, through a combination
of lighting, security guards, waterborne patrols, automatic intrusion-detection devices, or surveillance equipment, as specified in the approved Facility Security Plan (FSP), the:
(1) Facility and its approaches, on
land and water;
(2) Restricted areas within the facility; and
(3) Vessels at the facility and areas
surrounding the vessels.
(b) MARSEC Level 1. At MARSEC
Level 1, the facility owner or operator
must ensure the security measures in
this section are implemented at all
times, including the period from sunset
to sunrise and periods of limited visibility. For each facility, ensure monitoring capability that:

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§ 105.280

33 CFR Ch. I (7–1–10 Edition)

(1) When automatic intrusion-detection devices are used, activates an audible or visual alarm, or both, at a location that is continuously attended or
monitored;
(2) Is able to function continually, including consideration of the possible
effects of weather or of a power disruption;
(3) Monitors the facility area, including shore and waterside access to it;
(4) Monitors access points, barriers
and restricted areas;
(5) Monitors access and movements
adjacent to vessels using the facility,
including augmentation of lighting
provided by the vessel itself; and
(6) Limits lighting effects, such as
glare, and their impact on safety, navigation, and other security activities.
(c) MARSEC Level 2. In addition to
the security measures for MARSEC
Level 1 in this section, at MARSEC
Level 2, the facility owner or operator
must also ensure the implementation
of additional security measures, as
specified for MARSEC Level 2 in the
approved FSP. These additional measures may include:
(1) Increasing the coverage and intensity of surveillance equipment, including the provision of additional surveillance coverage;
(2) Increasing the frequency of foot,
vehicle or waterborne patrols;
(3) Assigning additional security personnel to monitor and patrol; or
(4) Increasing the coverage and intensity of lighting, including the provision
of additional lighting and coverage.
(d) MARSEC Level 3. In addition to
the security measures for MARSEC
Level 1 and MARSEC Level 2, at
MARSEC Level 3, the facility owner or
operator must also ensure implementation of additional security measures, as
specified for MARSEC Level 3 in the
approved FSP. These additional security measures may include:
(1) Switching on all lighting within,
or illuminating the vicinity of, the facility;
(2) Switching on all surveillance
equipment capable of recording activities within or adjacent to the facility;
(3) Maximizing the length of time
such surveillance equipment can continue to record; or

(4) Complying with the instructions
issued by those responding to the security incident.
[USCG–2003–14732, 68 FR 39322, July 1, 2003, as
amended at 68 FR 60542, Oct. 22, 2003]

§ 105.280

Security incident procedures.

For each MARSEC Level, the facility
owner or operator must ensure the Facility Security Officer and facility security personnel are able to:
(a) Respond to security threats or
breaches of security and maintain critical facility and vessel-to-facility
interface operations;
(b) Evacuate the facility in case of
security threats or breaches of security;
(c) Report security incidents as required in § 101.305 of this subchapter;
(d) Brief all facility personnel on possible threats and the need for vigilance,
soliciting their assistance in reporting
suspicious persons, objects, or activities; and
(e) Secure non-critical operations in
order to focus response on critical operations.
§ 105.285 Additional requirements-passenger and ferry facilities.
(a) At all MARSEC Levels, the owner
or operator of a passenger or ferry facility must ensure, in coordination
with a vessel moored at the facility,
that the following security measures
are implemented in addition to the requirements of this part:
(1) Establish separate areas to segregate unchecked persons and personal
effects from checked persons and personal effects;
(2) Ensure that a defined percentage
of vehicles to be loaded aboard are
screened prior to loading, in accordance with a MARSEC Directive or
other orders issued by the Coast Guard;
(3) Ensure that all unaccompanied
vehicles to be loaded on passenger vessels are screened prior to loading;
(4) Deny passenger access to secure
and restricted areas unless escorted by
authorized facility security personnel;
and
(5) In a facility with a public access
area designated under § 105.106, provide
sufficient security personnel to monitor all persons within the area.

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§ 105.296

(b) At MARSEC Level 2, in addition
to the requirements in paragraph (a) of
this section, the owner or operator of a
passenger or ferry facility with a public access area designated under
§ 105.106 must increase the intensity of
monitoring of the public access area.
(c) At MARSEC Level 3, in addition
to the requirements in paragraph (a) of
this section, the owner or operator of a
passenger or ferry facility with a public access area designated under
§ 105.106 must increase the intensity of
monitoring and assign additional security personnel to monitor the public
access area.
[USCG–2003–14732, 68 FR 39322, July 1, 2003, as
amended at 68 FR 60542, Oct. 22, 2003; USCG–
2006–24196, 72 FR 3584, Jan. 25, 2007]

§ 105.290 Additional
requirements—
cruise ship terminals.

erowe on DSKG8SOYB1PROD with CFR

At all MARSEC Levels, in coordination with a vessel moored at the facility, the facility owner or operator
must ensure the following security
measures:
(a) Screen all persons, baggage, and
personal effects for dangerous substances and devices;
(b) Check the identification of all
persons seeking to enter the facility.
Persons holding a TWIC shall be
checked as set forth in this part. For
persons not holding a TWIC, this check
includes confirming the reason for
boarding by examining passenger tickets, boarding passes, government identification or visitor badges, or work orders;
(c) Designate holding, waiting, or embarkation areas within the facility’s
secure area to segregate screened persons and their personal effects awaiting embarkation from unscreened persons and their personal effects;
(d) Provide additional security personnel to designated holding, waiting,
or embarkation areas within the facility’s secure area; and
(e) Deny individuals not holding a
TWIC access to secure and restricted
areas unless escorted.
[USCG–2006–24196, 72 FR 3585, Jan. 25, 2007]

§ 105.295 Additional requirements-Certain Dangerous Cargo (CDC) facilities.
(a) At all MARSEC Levels, owners or
operators of CDC facilities must ensure
the implementation of the following
security measures in addition to the
requirements of this part:
(1) Escort all visitors, contractors,
vendors, and other non-facility employees at all times while on the facility, if
access identification is not provided.
Escort provisions do not apply to prearranged cargo deliveries;
(2) Control the parking, loading, and
unloading of vehicles within a facility;
(3) Require security personnel to
record or report their presence at key
points during their patrols;
(4) Search unmanned or unmonitored
waterfront areas for dangerous substances and devices prior to a vessel’s
arrival at the facility; and
(5) Provide an alternate or independent power source for security and
communications systems.
(b) At MARSEC Level 2, in addition
to the requirements for MARSEC Level
1, owners or operators of CDC facilities
must ensure the implementation of the
following security measures:
(1) Release cargo only in the presence
of the Facility Security Officer (FSO)
or a designated representative of the
FSO; and
(2) Continuously patrol restricted
areas.
(c) At MARSEC Level 3, in addition
to the requirements for MARSEC Level
1 and MARSEC Level 2, owners or operators of CDC facilities must ensure the
facilities are continuously guarded and
restricted areas are patrolled.
[USCG–2003–14732, 68 FR 39322, July 1, 2003, as
amended at 68 FR 60542, Oct. 22, 2003]

§ 105.296 Additional
requirementsbarge fleeting facilities.
(a) At MARSEC Level 1, in addition
to the requirements of this part, an
owner or operator of a barge fleeting
facility must ensure the implementation of the following security measures:
(1) Designate one or more restricted
areas within the barge fleeting facility
to handle those barges carrying, in
bulk, cargoes regulated by 46 CFR

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§ 105.300

33 CFR Ch. I (7–1–10 Edition)

chapter I, subchapters D or O, or Certain Dangerous Cargoes;
(2) Maintain a current list of vessels
and cargoes in the designated restricted area; and
(3) Ensure that at least one towing
vessel is available to service the fleeting facility for every 100 barges within
the facility.
(4) Control access to the barges once
tied to the fleeting area by implementing TWIC as described in § 105.255
of this part.
(b) At MARSEC Level 2, in addition
to the requirements of this part and
MARSEC Level 1 requirements, an
owner or operator of a barge fleeting
facility must ensure security personnel
are assigned to monitor or patrol the
designated restricted area within the
barge fleeting facility.
(c) At MARSEC Level 3, in addition
to the requirements of this part and
MARSEC Level 2 requirements, an
owner or operator of a barge fleeting
facility must ensure that both land and
waterside perimeters of the designated
restricted area within the barge fleeting facility are continuously monitored or patrolled.
[USCG–2003–14732, 68 FR 39322, July 1, 2003, as
amended at 68 FR 60542, Oct. 22, 2003; USCG–
2006–24196, 72 FR 3585, Jan. 25, 2007]

Subpart C—Facility Security
Assessment (FSA)

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§ 105.300

General.

(a) The Facility Security Assessment
(FSA) is a written document that is
based on the collection of background
information, the completion of an onscene survey and an analysis of that information.
(b) A common FSA may be conducted
for more than one similar facility provided the FSA reflects any facility-specific characteristics that are unique.
(c) Third parties may be used in any
aspect of the FSA if they have the appropriate skills and if the Facility Security Officer (FSO) reviews and accepts their work.
(d) Those involved in a FSA must be
able to draw upon expert assistance in
the following areas, as appropriate:
(1) Knowledge of current security
threats and patterns;

(2) Recognition and detection of dangerous substances and devices;
(3) Recognition of characteristics and
behavioral patterns of persons who are
likely to threaten security;
(4) Techniques used to circumvent security measures;
(5) Methods used to cause a security
incident;
(6) Effects of dangerous substances
and devices on structures and facility
services;
(7) Facility security requirements;
(8) Facility and vessel interface business practices;
(9) Contingency planning, emergency
preparedness, and response;
(10) Physical security requirements;
(11) Radio and telecommunications
systems, including computer systems
and networks;
(12) Marine or civil engineering; and
(13) Facility and vessel operations.
§ 105.305 Facility Security Assessment
(FSA) requirements.
(a) Background. The facility owner or
operator must ensure that the following background information, if applicable, is provided to the person or
persons who will conduct the assessment:
(1) The general layout of the facility,
including:
(i) The location of each active and inactive access point to the facility;
(ii) The number, reliability, and security duties of facility personnel;
(iii) Security doors, barriers, and
lighting;
(iv) The location of restricted areas;
(v) The emergency and stand-by
equipment available to maintain essential services;
(vi) The maintenance equipment,
cargo spaces, storage areas, and unaccompanied baggage storage;
(vii) Location of escape and evacuation routes and assembly stations;
and
(viii) Existing security and safety
equipment for protection of personnel
and visitors;
(2) Response procedures for fire or
other emergency conditions;
(3) Procedures for monitoring facility
and vessel personnel, vendors, repair
technicians, and dock workers;

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Coast Guard, DHS

§ 105.305

(4) Existing contracts with private
security companies and existing agreements with local or municipal agencies;
(5) Procedures for controlling keys
and other access prevention systems;
(6) Procedures for cargo and vessel
stores operations;
(7) Response capability to security
incidents;
(8) Threat assessments, including the
purpose and methodology of the assessment, for the port in which the facility
is located or at which passengers embark or disembark;
(9) Previous reports on security
needs; and
(10) Any other existing security procedures and systems, equipment, communications, and facility personnel.
(b) On-scene survey. The facility
owner or operator must ensure that an
on-scene survey of each facility is conducted. The on-scene survey examines
and evaluates existing facility protective measures, procedures, and operations to verify or collect the information required in paragraph (a) of this
section.
(c) Analysis and recommendations. In
conducting the FSA, the facility owner
or operator must ensure that the FSO
analyzes the facility background information and the on-scene survey, and
considering the requirements of this
part, provides recommendations to establish and prioritize the security
measures that should be included in
the FSP. The analysis must consider:
(1) Each vulnerability found during
the on-scene survey including but not
limited to:
(i) Waterside and shore-side access to
the facility and vessel berthing at the
facility;
(ii) Structural integrity of the piers,
facilities, and associated structures;
(iii) Existing security measures and
procedures, including identification
systems;
(iv) Existing security measures and
procedures relating to services and
utilities;
(v) Measures to protect radio and
telecommunication equipment, including computer systems and networks;
(vi) Adjacent areas that may be exploited during or for an attack;

(vii) Areas that may, if damaged or
used for illicit observation, pose a risk
to people, property, or operations within the facility;
(viii) Existing agreements with private security companies providing waterside and shore-side security services;
(ix) Any conflicting policies between
safety and security measures and procedures;
(x) Any conflicting facility operations and security duty assignments;
(xi) Any enforcement and personnel
constraints;
(xii) Any deficiencies identified during daily operations or training and
drills; and
(xiii) Any deficiencies identified following security incidents or alerts, the
report of security concerns, the exercise of control measures, or audits;
(2) Possible security threats, including but not limited to:
(i) Damage to or destruction of the
facility or of a vessel moored at the facility;
(ii) Hijacking or seizure of a vessel
moored at the facility or of persons on
board;
(iii) Tampering with cargo, essential
equipment or systems, or stores of a
vessel moored at the facility;
(iv) Unauthorized access or use including the presence of stowaways;
(v) Smuggling dangerous substances
and devices to the facility;
(vi) Use of a vessel moored at the facility to carry those intending to cause
a security incident and their equipment;
(vii) Use of a vessel moored at the facility as a weapon or as a means to
cause damage or destruction;
(viii) Impact on the facility and its
operations due to a blockage of entrances, locks, and approaches; and
(ix) Use of the facility as a transfer
point for nuclear, biological, radiological, explosive, or chemical weapons;
(3) Threat assessments by Government agencies;
(4) Vulnerabilities, including human
factors, in the facility’s infrastructure,
policies and procedures;
(5) Any particular aspects of the facility, including the vessels using the

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§ 105.310

33 CFR Ch. I (7–1–10 Edition)

facility, which make it likely to be the
target of an attack;
(6) Likely consequences in terms of
loss of life, damage to property, and
economic disruption, including disruption to transportation systems, of an
attack on or at the facility; and
(7) Locations where access restrictions or prohibitions will be applied for
each MARSEC Level.
(d) FSA report. (1) The facility owner
or operator must ensure that a written
FSA report is prepared and included as
part of the FSP. The report must contain:
(i) A summary of how the on-scene
survey was conducted;
(ii) A description of existing security
measures, including inspection, control
and monitoring equipment, personnel
identification documents and communication, alarm, lighting, access control, and similar systems;
(iii) A description of each vulnerability found during the on-scene survey;
(iv) A description of security measures that could be used to address each
vulnerability;
(v) A list of the key facility operations that are important to protect;
and
(vi) A list of identified weaknesses,
including human factors, in the infrastructure, policies, and procedures of
the facility.
(2) A FSA report must describe the
following elements within the facility:
(i) Physical security;
(ii) Structural integrity;
(iii) Personnel protection systems;
(iv) Procedural policies;
(v) Radio and telecommunication
systems, including computer systems
and networks;
(vi) Relevant transportation infrastructure; and
(vii) Utilities.
(3) The FSA report must list the persons, activities, services, and operations that are important to protect,
in each of the following categories:
(i) Facility personnel;
(ii) Passengers, visitors, vendors, repair technicians, vessel personnel, etc.;
(iii) Capacity to maintain emergency
response;
(iv) Cargo, particularly dangerous
goods and hazardous substances;

(v) Delivery of vessel stores;
(vi) Any facility security communication and surveillance systems; and
(vii) Any other facility security systems, if any.
(4) The FSA report must account for
any vulnerabilities in the following
areas:
(i) Conflicts between safety and security measures;
(ii) Conflicts between duties and security assignments;
(iii) The impact of watch-keeping duties and risk of fatigue on facility personnel alertness and performance;
(iv) Security training deficiencies;
and
(v) Security equipment and systems,
including communication systems.
(5) The FSA report must discuss and
evaluate key facility measures and operations, including:
(i) Ensuring performance of all security duties;
(ii) Controlling access to the facility,
through the use of identification systems or otherwise;
(iii) Controlling the embarkation of
vessel personnel and other persons and
their effects (including personal effects
and baggage whether accompanied or
unaccompanied);
(iv) Procedures for the handling of
cargo and the delivery of vessel stores;
(v) Monitoring restricted areas to ensure that only authorized persons have
access;
(vi) Monitoring the facility and areas
adjacent to the pier; and
(vii) The ready availability of security communications, information, and
equipment.
(e) The FSA, FSA report, and FSP
must be protected from unauthorized
access or disclosure.
[USCG–2003–14732, 68 FR 39322, July 1, 2003, as
amended at 68 FR 60542, Oct. 22, 2003]

§ 105.310

Submission requirements.

(a) A completed FSA report must be
submitted with the Facility Security
Plan required in § 105.410 of this part.
(b) A facility owner or operator may
generate and submit a report that contains the Facility Security Assessment
for more than one facility subject to
this part, to the extent that they share
similarities in design and operations, if

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Coast Guard, DHS

§ 105.405

authorized and approved by the cognizant COTP.
(c) The FSA must be reviewed and
validated, and the FSA report must be
updated each time the FSP is submitted for reapproval or revisions.
[USCG–2003–14732, 68 FR 39322, July 1, 2003, as
amended at 68 FR 60542, Oct. 22, 2003]

Subpart D—Facility Security Plan
(FSP)
§ 105.400

General.

(a) The Facility Security Officer
(FSO) must ensure a Facility Security
Plan (FSP) is developed and implemented for each facility for which he
or she is designated as FSO. The FSP:
(1) Must identify the FSO by name
and position, and provide 24-hour contact information;
(2) Must be written in English;
(3) Must address each vulnerability
identified in the Facility Security Assessment (FSA);
(4) Must describe security measures
for each MARSEC Level; and
(5) May cover more than one facility
to the extent that they share similarities in design and operations, if authorized and approved by the cognizant
COTP.
(b) The FSP must be submitted for
approval to the cognizant COTP in a
written or electronic format. Information for submitting the FSP electronically
can
be
found
at
http://
www.uscg.mil/HQ/MSC.
(c) The FSP is sensitive security information and must be protected in accordance with 49 CFR part 1520.
(d) If the FSP is kept in an electronic
format, procedures must be in place to
prevent its unauthorized deletion, destruction, or amendment.
[USCG–2003–14732, 68 FR 39322, July 1, 2003, as
amended at 68 FR 60542, Oct. 22, 2003]

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§ 105.405 Format and content of the
Facility Security Plan (FSP).
(a) A facility owner or operator must
ensure that the FSP consists of the individual sections listed in this paragraph (a). If the FSP does not follow
the order as it appears in the list, the
facility owner or operator must ensure
that the FSP contains an index identi-

fying the location of each of the following sections:
(1) Security administration and organization of the facility;
(2) Personnel training;
(3) Drills and exercises;
(4) Records and documentation;
(5) Response to change in MARSEC
Level;
(6) Procedures for interfacing with
vessels;
(7) Declaration of Security (DoS);
(8) Communications;
(9) Security systems and equipment
maintenance;
(10) Security measures for access control, including designated public access
areas;
(11) Security measures for restricted
areas;
(12) Security measures for handling
cargo;
(13) Security measures for delivery of
vessel stores and bunkers;
(14) Security measures for monitoring;
(15) Security incident procedures;
(16) Audits and security plan amendments;
(17) Facility Security Assessment
(FSA) report; and
(18) Facility Vulnerability and Security Measures Summary (Form CG–
6025) in appendix A to part 105–Facility
Vulnerability and Security Measures
Summary (CG–6025).
(b) The FSP must describe in detail
how the requirements of subpart B of
this part will be met. FSPs that have
been approved by the Coast Guard prior
to March 26, 2007, do not need to be
amended to describe their TWIC procedures until the next regularly scheduled resubmission of the FSP.
(c) The Facility Vulnerability and
Security Measures Summary (Form
CG–6025) must be completed using information in the FSA concerning identified vulnerabilities and information
in the FSP concerning security measures
in
mitigation
of
these
vulnerabilities.
[USCG–2003–14732, 68 FR 39322, July 1, 2003, as
amended by USCG–2006–24196, 72 FR 3585,
Jan. 25, 2007]

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§ 105.410
§ 105.410

33 CFR Ch. I (7–1–10 Edition)
Submission and approval.

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(a) On or before December 31, 2003,
the owner or operator of each facility
currently in operation must either:
(1) Submit one copy of their Facility
Security Plan (FSP) for review and approval to the cognizant COTP and a
letter certifying that the FSP meets
applicable requirements of this part; or
(2) If intending to operate under an
Approved Security Program, a letter
signed by the facility owner or operator stating which approved Alternative Security Program the owner or
operator intends to use.
(b) Owners or operators of facilities
not in service on or before December
31, 2003, must comply with the requirements in paragraph (a) of this section
60 days prior to beginning operations
or by December 31, 2003, whichever is
later.
(c) The cognizant COTP will examine
each submission for compliance with
this part and either:
(1) Approve it and specify any conditions of approval, returning to the submitter a letter stating its acceptance
and any conditions;
(2) Return it for revision, returning a
copy to the submitter with brief descriptions of the required revisions; or
(3) Disapprove it, returning a copy to
the submitter with a brief statement of
the reasons for disapproval.
(d) An FSP may be submitted and approved to cover more than one facility
where they share similarities in design
and operations, if authorized and approved by each cognizant COTP.
(e) Each facility owner or operator
that submits one FSP to cover two or
more facilities of similar design and
operation must address facility-specific
information that includes the design
and operational characteristics of each
facility and must complete a separate
Facility Vulnerability and Security
Measures Summary (Form CG–6025), in
appendix A to part 105—Facility Vulnerability and Security Measures Summary (CG–6025), for each facility covered by the plan.

(f) A FSP that is approved by the
cognizant COTP is valid for five years
from the date of its approval.
[USCG–2003–14732, 68 FR 39322, July 1, 2003; 68
FR 41916, July 16, 2003, as amended at 68 FR
60542, Oct. 22, 2003; USCG–2004–19963, 70 FR
74669, Dec. 16, 2005]

§ 105.415

Amendment and audit.

(a) Amendments. (1) Amendments to a
Facility Security Plan (FSP) that is
approved by the cognizant COTP may
be initiated by:
(i) The facility owner or operator; or
(ii) The cognizant COTP upon a determination that an amendment is
needed to maintain the facility’s security. The cognizant COTP, who will
give the facility owner or operator
written notice and request that the facility owner or operator propose
amendments addressing any matters
specified in the notice. The facility
owner or operator will have at least 60
days to submit its proposed amendments. Until amendments are approved, the facility owner or operator
shall ensure temporary security measures are implemented to the satisfaction of the COTP.
(2) Proposed amendments must be
submitted to the cognizant COTP. If
initiated by the facility owner or operator, the proposed amendment must be
submitted at least 30 days before the
amendment is to take effect unless the
cognizant COTP allows a shorter period. The cognizant COTP will approve
or disapprove the proposed amendment
in accordance with § 105.410 of this subpart.
(3) Nothing in this section should be
construed as limiting the facility
owner or operator from the timely implementation of such additional security measures not enumerated in the
approved FSP as necessary to address
exigent security situations. In such
cases, the owner or operator must notify the cognizant COTP by the most
rapid means practicable as to the nature of the additional measures, the
circumstances that prompted these additional measures, and the period of
time these additional measures are expected to be in place.

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(4) If there is a change in the owner
or operator, the Facility Security Officer (FSO) must amend the FSP to include the name and contact information of the new facility owner or operator and submit the affected portion of
the FSP for review and approval in accordance with § 105.410 if this subpart.
(b) Audits. (1) The FSO must ensure
an audit of the FSP is performed annually, beginning no later than one year
from the initial date of approval, and
attach a letter to the FSP certifying
that the FSP meets the applicable requirements of this part.
(2) The FSP must be audited if there
is a change in the facility’s ownership
or operator, or if there have been modifications to the facility, including but
not limited to physical structure,
emergency response procedures, security measures, or operations.
(3) Auditing the FSP as a result of
modifications to the facility may be
limited to those sections of the FSP affected by the facility modifications.

(4) Unless impracticable due to the
size and nature of the company or the
facility, personnel conducting internal
audits of the security measures specified in the FSP or evaluating its implementation must:
(i) Have knowledge of methods for
conducting audits and inspections, and
security, control, and monitoring techniques;
(ii) Not have regularly assigned security duties; and
(iii) Be independent of any security
measures being audited.
(5) If the results of an audit require
amendment of either the FSA or FSP,
the FSO must submit, in accordance
with § 105.410 of this subpart, the
amendments to the cognizant COTP for
review and approval no later than 30
days after completion of the audit and
a letter certifying that the amended
FSP meets the applicable requirements
of this part.
[USCG–2003–14732, 68 FR 39322, July 1, 2003, as
amended at 68 FR 60542, Oct. 22, 2003]

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33 CFR Ch. I (7–1–10 Edition)

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APPENDIX A TO PART 105—FACILITY VULNERABILITY AND SECURITY MEASURES
SUMMARY (FORM CG–6025)

Pt. 105, App. A

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33 CFR Ch. I (7–1–10 Edition)

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Pt. 105, App. A

Coast Guard, DHS

Pt. 106

[USCG–2003–14732, 68 FR 39322, July 1, 2003, as amended at 68 FR 60543, Oct. 22, 2003]

PART
106—MARINE
SECURITY:
OUTER
CONTINENTAL
SHELF
(OCS) FACILITIES

106.140 Maritime Security (MARSEC) Directive.
106.145 Right to appeal.

Subpart B—Outer Continental Shelf (OCS)
Facility Security Requirements

Sec.
106.100
106.105
106.110
106.115
106.120
106.125
106.130
106.135

106.200 Owner or operator.
106.205 Company Security Officer (CSO).
106.210 Facility Security Officer (FSO).
106.215 Company or OCS facility personnel
with security duties.
106.220 Security training for all other OCS
facility personnel.
106.225 Drill and exercise requirements.
106.230 OCS facility recordkeeping requirements.

Definitions.
Applicability.
Compliance dates.
Compliance documentation.
Noncompliance.
Waivers.
Equivalents.
Alternative Security Program.

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Subpart A—General