1625-0077 Stat/Authority

Coast Guard, DHS

§ 128.120

(b) Heating equipment will not ignite
combustible material;
(c) Each chimney and appliance has a
spark arrestor if it uses solid fuel or is
located where sparks may ignite combustible material; and
(d) All rubbish, debris, and waste go
into appropriate receptacles.

Coast Guard Certificates of Inspection
endorsed for ‘‘Lakes, Bays, and
Sounds’’, and that transit international waters for only short periods
of time, on frequent schedules.
§ 128.110

[CGD 88–049, 60 FR 39796, Aug. 3, 1995, as
amended by CGD 97–023, 62 FR 33363, June 19,
1997]

PART 128—SECURITY OF
PASSENGER TERMINALS

[CGD 91–012, 63 FR 53591, Oct. 6, 1998]

Subpart A—General
Sec.
128.100
128.110
128.120

§ 128.120

Incorporation by reference.

(a) Certain material is incorporated
by reference into this part with the approval of the Director of the Federal
Register in accordance with 5 U.S.C.
552(a) and 1 CFR part 51. To enforce
any edition other than that specified in
paragraph (b) of this section, the Coast
Guard must publish notice of change in
the FEDERAL REGISTER and must make
the material available to the public.
All approved material may be inspected at the U.S. Coast Guard, (CG–
521), 2100 2nd St., SW., Stop 7126, Washington, DC 20593–7126, and at the National Archives and Records Administration (NARA). For information on
the availability of this material at
NARA, call 202–741–6030, or go to: http://
www.archives.gov/federallregister/
codeloflfederallregulations/
ibrllocations.html. Copies may be obtained from IMO, 4 Albert Embankment, London SE1 7 SR.
(b) The materials approved for incorporation by reference in this part and
the sections affected are:

Does this part apply to me?
Definitions.
Incorporation by reference.

Subpart B—Security Program
128.200 What must my Terminal Security
Plan cover?
128.210 What are the responsibilities of my
terminal security officer?
128.220 What must I do to report an unlawful act and related activity?

Subpart C—Plans and Procedures for
Terminal Security
128.300 What is required to be in a Terminal
Security Plan?
128.305 Who must submit a Terminal Security Plan?
128.307 What is the procedure for examination?
128.309 What do I do if I need to amend my
Terminal Security Plan?
128.311 What is my right of appeal?
AUTHORITY: 33 U.S.C. 1231; 49 CFR 1.46.
SOURCE: CGD 91–012, 61 FR 37654, July 18,
1996, unless otherwise noted.

Subpart A—General

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Definitions.

The definitions in part 120 of this
chapter apply to this part, except for
the definition of You. As used in this
part:
You means the owner or operator of a
passenger terminal.

INTERNATIONAL MARITIME
ORGANIZATION (IMO)

§ 128.100 Does this part apply to me?
This part applies to all passenger terminals in the United States or its territories when being used for the assembling, processing, embarking, or disembarking of passengers or baggage for
passenger vessels over 100 gross tons,
carrying more than 12 passengers for
hire; making a voyage lasting more
than 24 hours, any part of which is on
the high seas. It does not apply to terminals when serving ferries that hold

4 Albert Embankment, London SE1
7SR
MSC Circular 443, Measures to Prevent
Unlawful Acts Against Passengers
and Crews on Board Ships September
26, 1986—128.220, 128.300
[CGD 91–012, 61 FR 37654, July 18, 1996, as
amended by USCG–2002–12471, 67 FR 41332,
June 18, 2002; 69 FR 18803, Apr. 9, 2004; USCG–
2010–0351, 75 FR 36283, June 25, 2010]

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wreier-aviles on DSK5TPTVN1PROD with CFR

§ 128.200

33 CFR Ch. I (7–1–12 Edition)

Subpart B—Security Program

§ 128.210 What are the responsibilities
of my terminal security officer?

§ 128.200 What must my Terminal Security Plan cover?

(a) If this part applies to your passenger terminal, you must designate a
security officer for the terminal.
(b) This officer must ensure that—
(1) An initial comprehensive security
survey is conducted and updated;
(2) The Terminal Security Plan required by § 128.300 is implemented and
maintained, and that amendments to
correct its deficiencies and satisfy the
security requirements of the terminal
are proposed;
(3) Adequate training for personnel
responsible for security is provided;
(4) Regular security inspections of
the terminal are conducted;
(5) Vigilance is encouraged, as well as
is general awareness of security, at the
terminal;
(6) All occurrences or suspected occurrences of unlawful acts and related
activities are reported under § 128.220
and records of the incident are maintained; and
(7) Coordination, for implementation
of the Terminal Security Plan required
by § 128.300, takes place with the vessel
security officer of each vessel that embarks or disembarks passengers at the
terminal.

(a) If this part applies to your passenger terminal, you must implement
for that terminal a program that—
(1) Provides for the safety and security of persons and property in the terminal and aboard each passenger vessel
subject to part 120 of this chapter
moored at the terminal, against unlawful acts;
(2) Prevents or deters the carriage
aboard any such vessel moored at the
terminal of any prohibited weapon, incendiary, or explosive on or about any
person or within his or her personal articles or baggage, and the carriage of
any prohibited weapon, incendiary, or
explosive in stowed baggage, cargo, or
stores;
(3) Prevents or deters unauthorized
access to any such vessel and to restricted areas in the terminal;
(4) Provides appropriate security
measures for Security Levels I, II, and
III that allow for increases in security
when the Commandant or Captain of
the Port (COTP) advises you that a
threat of an unlawful act exists and
may affect the terminal, a vessel, or
any person aboard the vessel or terminal;
(5) Designates, by name, a security
officer for the terminal;
(6) Provides for the evaluation of all
security personnel of the terminal, before hiring, to determine suitability for
employment; and
(7) Provides for coordination with
vessel security while any passenger
vessel subject to part 120 of this chapter is moored at the terminal.
(b) If this part applies to your passenger terminal, you must work with
the operator of each passenger vessel
subject to part 120 of this chapter, to
provide security for the passengers, the
terminal, and the vessel. You need not
duplicate any provisions fulfilled by
the vessel unless directed to by the
COTP. When a provision is fulfilled by
a vessel, the applicable section of the
Terminal Security Plan required by
§ 128.300 must refer to that fact.

[CGD 91–012, 63 FR 53592, Oct. 6, 1998]

§ 128.220 What must I do to report an
unlawful act and related activity?
(a) Either you or the terminal security officer must report each breach of
security, unlawful act, or threat of an
unlawful act against the terminal, a
passenger vessel subject to part 120 of
this chapter destined for or moored at
that terminal, or any person aboard
the terminal or vessel, to the COTP, to
the local office of the Federal Bureau
of Investigation (FBI), and to the local
police agency having jurisdiction over
the terminal.
(b) Either you or the terminal security officer must file a written report
of the incident using the form ‘‘Report
on an Unlawful Act,’’ contained in IMO
MSC Circular 443, as soon as possible,
to the local COTP.

[CGD 91–012, 63 FR 53591, Oct. 6, 1998]

[CGD 91–012, 63 FR 53592, Oct. 6, 1998]

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Coast Guard, DHS

§ 128.307
(1) There is an agreement with you
that the owner or operator of the vessel will submit the Plan;
(2) The owner or operator of the vessel has exclusive use of the pier and
terminal building immediately adjacent to the pier and has complete control of that area;
(3) There is no terminal; or
(4) Passengers embark or disembark
but no baggage or stores are loaded or
offloaded.
(b) In the situations described in
paragraphs (a)(3) and (4) of this section,
the owner or operator of the vessel
may, with the permission of the cognizant COTP, use an annex to the vessel’s security plan instead of a Terminal Security Plan.
(c) You must submit a Terminal Security Plan whenever—
(1) There is an agreement with the
owner or operator of the vessel that
you will submit the Plan;
(2) No security agreement exists; or
(3)(i) At least one vessel other than a
passenger vessel uses the terminal;
(ii) More than one passenger vessel
line uses the terminal; or
(iii) The terminal loads or offloads
baggage or stores.

Subpart C—Plans and Procedures
for Terminal Security
§ 128.300 What is required to be in a
Terminal Security Plan?
(a) If your passenger terminal is subject to this part, you must develop and
maintain, in writing, for that terminal,
an appropriate Terminal Security Plan
that articulates the program required
by § 128.200.
(b) The Terminal Security Plan must
be developed and maintained under the
guidance in IMO MSC Circular 443 and
must address the security of passengers
aboard passenger vessels subject to
part 120 of this chapter, of members of
crews of such vessels, and of employees
of the terminal, by establishing security measures to take for Security Levels I, II, and III, to—
(1) Deter unauthorized access to the
terminal and its restricted areas and to
any passenger vessel moored at the terminal;
(2) Deter the introduction of prohibited weapons, incendiaries, and explosives into the terminal and its restricted areas and onto any passenger
vessel moored at the terminal;
(3) Encourage vigilance, as well as
general awareness of security, at the
terminal;
(4) Provide adequate security training to employees of the terminal;
(5) Coordinate responsibilities for security with the operator of each vessel
that embarks or disembarks passengers
at the terminal; and
(6) Provide information to employees
of the terminal and to law-enforcement
personnel, in case of an incident affecting security.
(c) You must amend the Terminal Security Plan to address any known deficiencies.
(d) You must restrict the distribution, disclosure, and availability of information contained in the Terminal
Security Plan to those persons with an
operational need to know.

[CGD 91–012, 63 FR 53592, Oct. 6, 1998]

§ 128.307 What is the procedure for examination?
(a) Unless a plan for your passenger
terminal will be submitted by an entity other than yourself under § 128.305 or
§ 120.303 of this chapter, you must submit two copies of each Terminal Security Plan required by § 128.300 to the
COTP for examination at least 60 days
before transferring passengers to or
from a vessel subject to part 120 of this
chapter.
(b) If the COTP finds that the Terminal Security Plan meets the requirements of § 128.300, he or she will return
a copy to you marked ‘‘Examined by
the Coast Guard.’’
(c) If the COTP finds that the Terminal Security Plan does not meet the
requirements of § 128.300, he or she will
return the Plan with an explanation of
why it does not meet them.
(d) No terminal subject to this part
may transfer passengers to or from a
passenger vessel subject to part 120 of
this chapter, unless it holds either a

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[CGD 91–012, 63 FR 53592, Oct. 6, 1998]

§ 128.305 Who must submit a Terminal
Security Plan?
(a) The owner or operator of the vessel must submit a Terminal Security
Plan whenever—

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§ 128.309

33 CFR Ch. I (7–1–12 Edition)
he or she will issue you a written notice of matters to address and will
allow you at least 60 days to submit
proposed amendments.
(d) If there is an emergency or other
circumstance that makes the procedures in paragraph (c) of this section
impracticable, the COTP may give you
an order to implement increases in security immediately. The order will incorporate a statement of the reasons
for it.

Terminal Security Plan that we have
examined or a letter from the COTP
stating that we are currently reviewing
the Plan and that normal operations
may continue until the COTP has determined whether the Plan meets the
requirements of § 128.300.
[CGD 91–012, 63 FR 53592, Oct. 6, 1998]

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§ 128.309 What do I do if I need to
amend my Terminal Security Plan?
(a) If your passenger terminal is subject to this part, you must amend your
Terminal Security Plan when directed
by the COTP, and may amend it on
your own initiative.
(b) You must submit each proposed
amendment to the Terminal Security
Plan you initiate to the COTP for review at least 30 days before the amendment is to take effect, unless he or she
allows a shorter period. The COTP will
examine the amendment and respond
according to § 128.307.
(c) The COTP may direct you to
amend your Terminal Security Plan if
he or she determines that implementation of the Plan is not providing effective security. Except in an emergency,

[CGD 91–012, 63 FR 53593, Oct. 6, 1998]

§ 128.311

What is my right of appeal?

Any person directly affected by a decision or action taken by the COTP
under this part, may appeal that action
or decision to the cognizant District
Commander according to the procedures in 46 CFR 1.03–15; the District
Commander’s decision on appeal may
be further appealed to the Commandant according to the procedures
in 46 CFR 1.03–25.
[CGD 91–012, 61 FR 37654, July 18, 1996. Redesignated by CGD 91–012, 63 FR 53592, Oct. 6,
1998]

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