1625-0002 Stat/Authority

Coast Guard, DHS

§ 104.300

MARSEC Levels 1 and 2 measures, as
an alternative to the identification
checks and passenger screening requirements in § 104.265(f)(4) and (h)(1),
ensure that random armed security patrols are conducted, which need not
consist of vessel personnel.
[USCG–2003–14749, 68 FR 39302, July 1, 2003, as
amended at 68 FR 60514, Oct. 22, 2003; USCG–
2008–0179, 73 FR 35009, June 19, 2008]

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§ 104.295 Additional
requirements—
cruise ships.
(a) At all MARSEC Levels, the owner
or operator of a cruise ship must ensure the following:
(1) Screen all persons, baggage, and
personal effects for dangerous substances and devices;
(2) Check the identification of all
persons seeking to board the vessel;
this check includes confirming the reason for boarding by examining joining
instructions, passenger tickets, boarding passes, government identification
or visitor badges, or work orders;
(3) Perform security patrols; and
(4) Search selected areas prior to embarking passengers and prior to sailing.
(b) At MARSEC Level 3, the owner or
operator of a cruise ship must ensure
that security briefs to passengers
about the specific threat are provided.
§ 104.297 Additional
requirements—
vessels on international voyages.
(a) An owner or operator of a U.S.
flag vessel, which is subject to the
International Convention for Safety of
Life at Sea, 1974, (SOLAS), must be in
compliance with the applicable requirements of SOLAS Chapter XI–1,
SOLAS Chapter XI–2 and the ISPS
Code, part A (Incorporated by reference, see § 101.115 of this subchapter).
(b) Owners or operators of U.S. flag
vessels that are required to comply
with SOLAS, must ensure an International Ship Security Certificate
(ISSC) as provided in 46 CFR § 2.01–25 is
obtained for the vessel. This certificate
must be issued by the Coast Guard.
(c) Owners or operators of vessels
that require an ISSC in paragraph (b)
of this section must request an inspection in writing, at least 30 days prior to
the desired inspection date to the Officer in Charge, Marine Inspection for
the Marine Inspection Office or Sector

Office of the port where the vessel will
be inspected to verify compliance with
this part and applicable SOLAS requirements. The inspection must be
completed and the initial ISSC must be
issued on or before July 1, 2004.
[USCG–2003–14749, 68 FR 39302, July 1, 2003, as
amended at 68 FR 60515, Oct. 22, 2003; USCG–
2006–25556, 72 FR 36328, July 2, 2007]

Subpart C—Vessel Security
Assessment (VSA)
§ 104.300

General.

(a) The Vessel Security Assessment
(VSA) is a written document that is
based on the collection of background
information and the completion and
analysis of an on-scene survey.
(b) A single VSA may be performed
and applied to more than one vessel to
the extent that they share physical
characteristics and operations.
(c) Third parties may be used in any
aspect of the VSA if they have the appropriate skills and if the Company Security Officer (CSO) reviews and accepts their work.
(d) Those involved in a VSA should
be able to draw upon expert assistance
in the following areas:
(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 vessel structures and
equipment;
(7) Vessel security requirements;
(8) Vessel-to-vessel activity and vessel-to-facility 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 engineering; and

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