1625-0096 Stat/Authority

Coast Guard, DHS

§ 101.305

Subpart B—Maritime Security
(MARSEC) Levels
§ 101.200

MARSEC Levels.

(a) MARSEC Levels advise the maritime community and the public of the
level of risk to the maritime elements
of the national transportation system.
Ports, under direction of the local
COTP, will respond to changes in the
MARSEC Level by implementing the
measures specified in the AMS Plan.
Similarly, vessels and facilities required to have security plans under
part 104, 105, or 106 of this subchapter
shall implement the measures specified
in their security plans for the applicable MARSEC Level.
(b) Unless otherwise directed, each
port, vessel, and facility shall operate
at MARSEC Level 1.
(c) The Commandant will set (raise
or lower) the MARSEC Level commensurate with risk, and in consideration
of any maritime nexus to any active
National Terrorism Advisory System
(NTAS) alerts. Notwithstanding the
NTAS, the Commandant retains discretion to adjust the MARSEC Level when
necessary to address any particular security concerns or circumstances related to the maritime elements of the
national transportation system.
(d) The COTP may raise the MARSEC
Level for the port, a specific marine
operation within the port, or a specific
industry within the port, when necessary to address an exigent circumstance immediately affecting the
security of the maritime elements of
the transportation in his/her area of responsibility. Application of this delegated authority will be pursuant to
policies and procedures specified by the
Commandant.
[USCG–2003–14792, 68 FR 39278, July 1, 2003, as
amended by USCG–2013–0397, 78 FR 39173,
July 1, 2013]

§ 101.205

[Reserved]

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Subpart C—Communication
(Port—Facility—Vessel)
§ 101.300 Preparedness
tions.

communica-

(a) Notification of MARSEC Level
change. The COTP will communicate

any changes in the MARSEC Levels
through a local Broadcast Notice to
Mariners, an electronic means, if available, or as detailed in the AMS Plan.
(b) Communication of threats. When
the COTP is made aware of a threat
that may cause a transportation security incident, the COTP will, when appropriate, communicate to the port
stakeholders, vessels, and facilities in
his or her AOR the following details:
(1) Geographic area potentially impacted by the probable threat;
(2) Any appropriate information identifying potential targets;
(3) Onset and expected duration of
probable threat;
(4) Type of probable threat; and
(5) Required actions to minimize
risk.
(c) Attainment. (1) Each owner or operator of a vessel or facility required to
have a security plan under parts 104 or
105 of this subchapter affected by a
change in the MARSEC Level must ensure confirmation to their local COTP
the attainment of measures or actions
described in their security plan and
any other requirements imposed by the
COTP that correspond with the
MARSEC Level being imposed by the
change.
(2) Each owner or operator of a facility required to have a security plan
under part 106 of this subchapter affected by a change in the MARSEC
Level must ensure confirmation to
their cognizant District Commander
the attainment of measures or actions
described in their security plan and
any other requirements imposed by the
District Commander or COTP that correspond with the MARSEC Level being
imposed by the change.
[USCG–2003–14792, 68 FR 39278, July 1, 2003, as
amended at 68 FR 60472, Oct. 22, 2003]

§ 101.305

Reporting.

(a) Notification of suspicious activities.
An owner or operator required to have
a security plan under part 104, 105, or
106 of this subchapter shall, without
delay, report activities that may result
in a transportation security incident to
the National Response Center at the
following toll free telephone: 1–800–424–
8802, direct telephone 202–267–2675, or
TDD 202–267–4477. Any other person or

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§ 101.310

33 CFR Ch. I (7–1–15 Edition)

entity is also encouraged to report activities that may result in a transportation security incident to the National Response Center.
(b) Notification of breaches of security.
An owner or operator required to have
a security plan under parts 104, 105, or
106 of this subchapter shall, without
delay, report breaches of security to
the National Response Center via one
of the means listed in paragraph (a) of
this section.
(c) Notification of transportation security incident (TSI). (1) Any owner or operator required to have a security plan
under part 104 or 105 of this subchapter
shall, without delay, report a TSI to
their local COTP and immediately
thereafter begin following the procedures set out in their security plan,
which may include contacting the National Response Center via one of the
means listed in paragraph (a) of this
section.
(2) Any owner or operator required to
have a security plan under part 106 of
this subchapter shall, without delay,
report a TSI to their cognizant District
Commander and immediately thereafter begin following the procedures set
out in their security plan, which may
include contacting the National Response Center via one of the means
listed in paragraph (a) of this section.
(d) Callers to the National Response
Center should be prepared to provide as
much of the following information as
possible:
(1) Their own name and contact information;
(2) The name and contact information of the suspicious or responsible
party;
(3) The location of the incident, as
specifically as possible; and
(4) The description of the incident or
activity involved.

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[USCG–2003–14792, 68 FR 39278, July 1, 2003, as
amended by USCG–2004–18057, 69 FR 34925,
June 23, 2004; USCG–2005–21531, 70 FR 36349,
June 23, 2005; USCG–2006–25150, 71 FR 39208,
July 12, 2006; USCG–2008–0179, 73 FR 35009,
June 19, 2008]

§ 101.310 Additional
communication
devices.
(a) Alert Systems. Alert systems, such
as the ship security alert system required in SOLAS Chapter XI–2, Regula-

tion 6 (Incorporated by reference, see
§ 101.115), may be used to augment communication and may be one of the communication methods listed in a vessel
or facility security plan under part 104,
105, or 106 of this subchapter.
(b) Automated Identification Systems
(AIS). AIS may be used to augment
communication, and may be one of the
communication methods listed in a
vessel security plan under part 104 of
this subchapter. See 33 CFR part 164 for
additional information on AIS device
requirements.

Subpart D—Control Measures for
Security
§ 101.400 Enforcement.
(a) The rules and regulations in this
subchapter are enforced by the COTP
under the supervision and general direction of the District Commander,
Area Commander, and the Commandant. All authority and power
vested in the COTP by the rules and
regulations in this subchapter is also
vested in, and may be exercised by, the
District Commander, Area Commander,
and the Commandant.
(b) The COTP, District Commander,
Area Commander, or Commandant may
assign the enforcement authority described in paragraph (a) of this section
to any other officer or petty officer of
the Coast Guard or other designees authorized by the Commandant.
(c) The provisions in this subchapter
do not limit the powers conferred upon
Coast Guard commissioned, warrant, or
petty officers by any other law or regulation, including but not limited to 33
CFR parts 6, 160, and 165.
§ 101.405 Maritime Security (MARSEC)
Directives.
(a)(1) When the Coast Guard determines that additional security measures are necessary to respond to a
threat assessment or to a specific
threat against the maritime elements
of the national transportation system,
the Coast Guard may issue a MARSEC
Directive setting forth mandatory
measures. Only the Commandant or
his/her delegee may issue MARSEC Directives under this section. Prior to
issuing a MARSEC Directive, the Commandant or his/her delegee will consult

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