1625--NEW Stat/Authority

33 CFR Part 105 (up to date as of 4/29/2024)
Maritime Security: Facilities

33 CFR Part 105 (Apr. 29, 2024)

This content is from the eCFR and is authoritative but unofficial.

Title 33 —Navigation and Navigable Waters
Chapter I —Coast Guard, Department of Homeland Security
Subchapter H —Maritime Security
Part 105 Maritime Security: Facilities
Subpart A General
§ 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.
§ 105.237 System for seafarers' access.
§ 105.240 Procedures for interfacing with vessels.
§ 105.245 Declaration of Security (DoS).
§ 105.250 Security systems and equipment maintenance.
§ 105.253 Risk Group classifications for facilities.
§ 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.
§ 105.270 Security measures for delivery of vessel stores and bunkers.
33 CFR Part 105 (Apr. 29, 2024) (enhanced display)

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33 CFR Part 105 (up to date as of 4/29/2024)
Maritime Security: Facilities

33 CFR Part 105 (Apr. 29, 2024)

§ 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.
§ 105.292 Additional requirements—cruise ship ports of call.
§ 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.
Subpart E Facility Security: Cruise Ship Terminals
§ 105.500 General.
§ 105.505 Terminal Screening Program (TSP).
§ 105.510 Screening responsibilities of the owner or operator.
§ 105.515 Prohibited Items List (PIL).
§ 105.525 Terminal screening operations.
§ 105.530 Qualifications of screeners.
§ 105.535 Training requirements of screeners.
§ 105.540 Screener participation in drills and exercises.
§ 105.545 Screening equipment.
§ 105.550 Alternative screening.

PART 105—MARITIME SECURITY: FACILITIES
Authority: 46 U.S.C. 70034, 70103, 70116; sec. 811, Pub. L. 111-281, 124 Stat. 2905 (46 U.S.C. 70103 note); 33
CFR 1.05-1, 6.04-11, 6.14, 6.16, and 6.19; DHS Delegation No. 00170.1, Revision No. 01.3.

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.

33 CFR 105.100 (enhanced display)

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33 CFR Part 105 (up to date as of 4/29/2024)
Maritime Security: Facilities

33 CFR 105.105

§ 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. 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]
33 CFR 105.105(d) (enhanced display)

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33 CFR Part 105 (up to date as of 4/29/2024)
Maritime Security: Facilities

33 CFR 105.106

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

§ 105.110 Exemptions.
(a) 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 subpart E of part 101 of this
subchapter, as applicable, in §§ 105.255 and 105.285(a)(1).
(b) An owner or operator of any general shipyard facility as defined in § 101.105 of this subchapter 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.
(c) 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.
(d) 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.
(e) Barge fleeting facilities without shore side access are exempt from the requirements in 33 CFR
101.535(b)(1).
[USCG-2007-28915, 81 FR 57711, Aug. 23, 2016]

§ 105.115 Compliance dates.
(a) Facility owners or operators must submit to the cognizant Captain of the Port (COTP) for each facility—
(1) The Facility Security Plan (FSP) described in subpart D of this part for review and approval; or
33 CFR 105.115(a)(1) (enhanced display)

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33 CFR Part 105 (up to date as of 4/29/2024)
Maritime Security: Facilities

33 CFR 105.115(a)(2)

(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) 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 FSP to their cognizant COTP, in
accordance with § 105.415.
(c) By August 23, 2018, owners and operators of facilities subject to this part must amend their FSPs to
indicate how they will implement the TWIC requirements in this subchapter. By August 23, 2018, owners
and operators of facilities subject to this part must be operating in accordance with the TWIC provisions
found within this subchapter.
[USCG-2007-28915, 81 FR 57712, Aug. 23, 2016]

§ 105.120 Compliance documentation.
Each facility owner or operator subject to this part must ensure 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; USCG-2007-28915, 81 FR 57712, Aug.
23, 2016]

§ 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-5P), Attn: Assistant
33 CFR 105.130 (enhanced display)

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33 CFR Part 105 (up to date as of 4/29/2024)
Maritime Security: Facilities

33 CFR 105.135

Commandant for Prevention Policy, U.S. Coast Guard Stop 7501, 2703 Martin Luther King Jr. Avenue SE.,
Washington, DC 20593-7501. The Commandant (CG-5P) may require the facility owner or operator to provide data
for use in determining the validity of the requested waiver. The Commandant (CG-5P) 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; USCG-2013-0397, 78 FR 39173, July 1, 2013; USCG-2014-0410, 79 FR 38432, July
7, 2014]

§ 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 Security Program.
(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 the cognizant COTP a Facility Vulnerability and Security
Measures Summary (Form CG-6025). The form is available at https://www.dcms.uscg.mil/forms/.
[USCG-2003-14732, 68 FR 39322, July 1, 2003, as amended by USCG-2020-0304, 85 FR 58278, Sept. 18, 2020]

§ 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.

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 organizational structure of the security personnel and provide each person exercising
security duties and responsibilities the support needed to fulfill those obligations;

33 CFR 105.200(b)(1) (enhanced display)

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33 CFR Part 105 (up to date as of 4/29/2024)
Maritime Security: Facilities

33 CFR 105.200(b)(2)

(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 a Facility Security Plan (FSP);
(5) Ensure that the facility operates in compliance with the approved FSP;
(6) Ensure that the Transportation Worker Identification Credential (TWIC) program is properly
implemented as set forth in this subchapter, 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 serve as an escort;

(ii) Identifying what action is to be taken by an escort, or other authorized individual, in the event
that 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 which parts of the facility are
secure areas and which are 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 implementation of a system, in accordance with § 105.237, coordinating shore leave for
vessel personnel or crew change-out, as well as access through the facility for visitors to the vessel,
as described in § 105.237(b)(3), 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;
(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 Transportation
Security Administration (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 § 101.550 of this subchapter, for dealing with individuals
requiring access who report a lost, damaged, or stolen TWIC, or who have applied for and not yet
received a TWIC, are in place; and
(16) If applicable, ensure that protocols consistent with § 105.257, for dealing with newly hired
employees who have applied for and not yet received a TWIC, are in place.
33 CFR 105.200(b)(16) (enhanced display)

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33 CFR Part 105 (up to date as of 4/29/2024)
Maritime Security: Facilities

33 CFR 105.205

[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; USCG-2013-0397, 78 FR 39173, July 1, 2013; USCG-2007-28915, 81 FR 57712, Aug. 23, 2016; USCG-2013-1087, 84 FR
12119, Apr. 1, 2019]

§ 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;
33 CFR 105.205(b)(2)(viii) (enhanced display)

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33 CFR Part 105 (up to date as of 4/29/2024)
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33 CFR 105.205(b)(2)(ix)

(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;
(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.
33 CFR 105.205(c)(18) (enhanced display)

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33 CFR Part 105 (up to date as of 4/29/2024)
Maritime Security: Facilities

33 CFR 105.205(c)(19)

(19) Ensure the TWIC program is being properly implemented.
[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 for all other facility personnel.
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.
33 CFR 105.215(f) (enhanced display)

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33 CFR Part 105 (up to date as of 4/29/2024)
Maritime Security: Facilities

33 CFR 105.220

[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]

§ 105.220 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 non-security 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.
33 CFR 105.220(c)(5) (enhanced display)

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33 CFR Part 105 (up to date as of 4/29/2024)
Maritime Security: Facilities

33 CFR 105.225

[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 and 105.535, 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, 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;
(8) Annual audit of the FSP. For each annual audit, a letter certified by the FSO stating the date the audit
was completed; and
(9) TWIC Reader/Physical Access Control System (PACS). For each individual granted unescorted
access to a secure area, the: FASC-N; date and time that unescorted access was granted; and, if
captured, the individual's name. Additionally, documentation to demonstrate that the owner or
operator has updated the Canceled Card List with the frequency required in § 101.525 of this
subchapter.
(c) Any record required by this part must be protected from unauthorized access or disclosure. Electronic
reader records and similar records in a PACS are sensitive security information and must be protected in
accordance with 49 CFR part 1520.
[USCG-2003-14732, 68 FR 39322, July 1, 2003, as amended at 68 FR 60541, Oct. 22, 2003; USCG-2006-23846, 83 FR 12102, Mar.
19, 2018; USCG-2007-28915, 81 FR 57712, Aug. 23, 2016]

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33 CFR 105.230

§ 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.

§ 105.237 System for seafarers' access.
(a) Access required. Each facility owner or operator must implement a system by June 1, 2020 for providing
access through the facility that enables individuals to transit to and from a vessel moored at the facility
and the facility gate in accordance with the requirements in this section. The system must provide timely

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33 CFR 105.237(b)

access as described in paragraph (c) of this section and incorporate the access methods described in
paragraph (d) of this section at no cost to the individuals covered. The system must comply with the
Transportation Worker Identification Credential (TWIC) provisions in this part.
(b) Individuals covered. The individuals to whom the facility owner or operator must provide the access
described in this section include—
(1) Seafarers assigned to a vessel at that facility;
(2) Pilots; and
(3) Representatives of seafarers' welfare and labor organizations.
(c) Timely access. The facility owner or operator must provide the access described in this section without
unreasonable delay, subject to review by the Captain of the Port (COTP). The facility owner or operator
must consider the following when establishing timely access without unreasonable delay:
(1) Length of time the vessel is in port.
(2) Distance of egress/ingress between the vessel and facility gate.
(3) The vessel watch schedules.
(4) The facility's safety and security procedures as required by law.
(5) Any other factors specific to the vessel or facility that could affect access to and from the vessel.
(d) Access methods. The facility owner or operator must ensure that the access described in this section is
provided through one or more of the following methods:
(1) Regularly scheduled escort between the vessel and the facility gate that conforms to the vessel's
watch schedule as agreed upon between the vessel and facility.
(2) An on-call escort between the vessel and the facility gate.
(3) Arrangements with taxi services or other transportation services, ensuring that any costs for
providing the access described in this section, above the service's standard fees charged to any
customer, are not charged to the individual to whom such access is provided. If a facility provides
arrangements with taxi services or other transportation services as the only method for providing the
access described in this section, the facility is responsible to pay any fees for transit within the
facility.
(4) Arrangements with seafarers' welfare organizations to facilitate the access described in this section.
(5) Monitored pedestrian access routes between the vessel and facility gate.
(6) A method, other than those in paragraphs (d)(1) through (5) of this section, approved by the COTP.
(7) If an access method relies on a third party, a back-up access method that will be used if the third
party is unable to or does not provide the required access in any instance. An owner or operator
must ensure that the access required in paragraph (a) of this section is actually provided in all
instances.
(e) No cost to individuals. The facility owner or operator must provide the access described in this section at
no cost to the individual to whom such access is provided.

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33 CFR 105.237(f)

(f) Described in the Facility Security Plan (FSP). On or before February 3, 2020, the facility owner or operator
must document the facility's system for providing the access described in this section in the approved
FSP in accordance with § 105.410 or § 105.415. The description of the facility's system must include—
(1) Location of transit area(s) used for providing the access described in this section;
(2) Duties and number of facility personnel assigned to each duty associated with providing the access
described in this section;
(3) Methods of escorting and/or monitoring individuals transiting through the facility;
(4) Agreements or arrangements between the facility and private parties, nonprofit organizations, or
other parties, to facilitate the access described in this section; and
(5) Maximum length of time an individual would wait for the access described in this section, based on
the provided access method(s).
[USCG-2013-1087, 84 FR 12119, Apr. 1, 2019]

§ 105.240 Procedures for interfacing with vessels.
The facility owner or operator must ensure that there are measures for interfacing with vessels at all MARSEC
Levels.

§ 105.245 Declaration of Security (DoS).
(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, 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.
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(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 vessel-to-facility interface when he or she deems it necessary.
[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
maintained 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.

§ 105.253 Risk Group classifications for facilities.
(a) For purposes of the Transportation Worker Identification Credential (TWIC) requirements of this
subchapter, the following facilities subject to this part are in Risk Group A:
(1) Beginning June 8, 2020: Facilities that receive vessels certificated to carry more than 1,000
passengers.
(2) Beginning May 8, 2026: Facilities that handle Certain Dangerous Cargoes (CDC) in bulk and transfer
such cargoes from or to a vessel.
(3) Beginning May 8, 2026: Facilities that handle CDC in bulk, but do not transfer it from or to a vessel.
(4) Beginning May 8, 2026: Facilities that receive vessels carrying CDC in bulk but, during the vessel-tofacility interface, do not transfer it from or to the vessel.
(b) Facilities may move from one Risk Group classification to another, based on the material they handle or
the types of vessels they receive at any given time. An owner or operator of a facility expected to move
between Risk Groups must explain, in the Facility Security Plan, the timing of such movements, as well as
how the facility will move between the requirements of the higher and lower Risk Groups, with particular
attention to the security measures to be taken when moving from a lower Risk Group to a higher Risk
Group.
[USCG-2007-28915, 81 FR 57712, Aug. 23, 2016, as amended by USCG-2017-0711, 85 FR 13516, Mar. 9, 2020; USCG-2023-0265,
88 FR 23350, Apr. 17, 2023]

§ 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;

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(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. Individuals
seeking unescorted access to a secure area in a facility in Risk Group A must pass electronic TWIC
inspection and those seeking unescorted access to a secure area in a facility not in Risk Group A
must pass either electronic TWIC inspection or visual TWIC inspection.
(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 provide for continuous operations regardless of
the weather conditions.
(c) 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.
(d) MARSEC Level 1. The facility owner or operator must ensure the following security measures are
implemented at the facility:
(1) Implement a TWIC Program as set out in subpart E of part 101 of this subchapter, as applicable, and
in accordance with the facility's assigned Risk Group, as set out in § 105.253.
(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 government-owned
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 must include confirming the reason for boarding by examining at least one of the
following:
(i)

Joining instructions;

(ii) Passenger tickets;
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33 CFR 105.255(d)(4)(iii)

(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 subpart E
of part 101 of this subchapter.
(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.
(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 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;
(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; or
(8) Implementing additional electronic TWIC inspection requirements, as required by § 105.253, and by
subpart E of part 101 of this subchapter, if relevant.

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33 CFR 105.255(f)

(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 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, x-raying 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;
(9) Increasing security patrols within the facility; or
(10) Implementing additional electronic TWIC inspection requirements, as required by § 105.253, and by
subchapter E of part 101 of this subchapter, if relevant.
[USCG-2006-24196, 72 FR 3583, Jan. 25, 2007, as amended by USCG-2007-28915, 81 FR 57712, Aug. 23, 2016]

§ 105.257 Security measures for newly-hired 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 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.
(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 (https://homeport.uscg.mil):
(i)

Full legal name, including middle name if one exists;

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33 CFR 105.257(b)(2)(ii)

(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, as amended by USCG-2013-0397, 78 FR 39173, July 1, 2013; 78 FR 41305, July 10,
2013; USCG-2007-28915, 81 FR 57712, Aug. 23, 2016; USCG-2022-0323, 88 FR 10029, Feb. 16, 2023]

§ 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
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(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
(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;

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33 CFR 105.260(d)(8)

(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 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;
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(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.

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

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(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;
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(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.
(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.
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 in accordance
with the requirements in subpart E of this part. The owner or operator of a cruise ship terminal need not
duplicate any provisions fulfilled by the vessel. When a provision is fulfilled by a vessel, the applicable
section of the terminal security program (TSP) must refer to that fact.
(b) Check the identification of all persons seeking to enter the facility in accordance with §§ 101.514,
101.515, and 105.255 of this subchapter. Persons holding a Transportation Worker Identification
Credential (TWIC) must be checked as set forth in subpart E of part 101 of this subchapter. For persons
not holding a TWIC, this check includes confirming the individual's validity 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, as amended by USCG-2006-23846, 83 FR 12102, Mar. 19, 2018;
USCG-2007-28915, 81 FR 57712, Aug. 23, 2016]

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33 CFR 105.292

§ 105.292 Additional requirements—cruise ship ports of call.
(a) The owner or operator of a cruise ship port of call must work with the operator of each cruise ship subject
to part 104 of this chapter to ensure that passengers are screened for dangerous substances and devices
in accordance with the qualification, training, and equipment requirements of §§ 105.530, 105.535, and
105.545. The port of call need not duplicate any provisions fulfilled by the vessel. When a provision is
fulfilled by a vessel, the applicable section of the TSP must refer to that fact.
(b) The owner or operator of a cruise ship port of call must display the Prohibited Items List at each screening
location.
[USCG-2006-23846, 83 FR 12102, Mar. 19, 2018]

§ 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 requirements-barge 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 chapter I, subchapters D or O, or Certain Dangerous
Cargoes;
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(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
subpart E of part 101 of this subchapter, as applicable, and in accordance with the facility's assigned
Risk Group, as described in § 105.253.
(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; USCG-2007-28915, 81 FR 57713, Aug. 23, 2016]

Subpart C—Facility Security Assessment (FSA)
§ 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 on-scene 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 facilityspecific 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;
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(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;
(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:
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(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;
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(5) Any particular aspects of the facility, including the vessels using the 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.
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(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 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;
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(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.
(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; USCG-2013-0397, 78 FR 39173, July 1,
2013; USCG-2022-0323, 88 FR 10029, Feb. 16, 2023]

§ 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 identifying 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 the facility's TWIC Program and 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;
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33 CFR 105.405(a)(18)

(18) Facility Vulnerability and Security Measures Summary (Form CG-6025) available at
https://www.dcms.uscg.mil/forms/ ;
(19)-(20) [Reserved]
(21) If applicable, cruise ship TSP in accordance with subpart E of this part; and
(22) System for seafarers' access.
(b) The FSP must describe in detail how the requirements of subpart B of this part will be met.
(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; USCG-2006-23846,
83 FR 12102, Mar. 19, 2018; USCG-2007-28915, 81 FR 57713, Aug. 23, 2016; USCG-2013-1087, 84 FR 12119, Apr. 1, 2019;
USCG-2020-0304, 85 FR 58278, Sept. 18, 2020]

§ 105.410 Submission and approval.
(a) 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 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) 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.
(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), for each facility covered by the plan. The form is available at
https://www.dcms.uscg.mil/forms/.
(f) A FSP that is approved by the cognizant COTP is valid for five years from the date of its approval.

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33 CFR 105.415

[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; USCG-2013-0397, 78 FR 39173, July 1, 2013; USCG-2007-28915, 81 FR 57713,
Aug. 23, 2016; USCG-2020-0304, 85 FR 58278, Sept. 18, 2020]

§ 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.
(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;

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33 CFR 105.415(b)(4)(ii)

(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]

Subpart E—Facility Security: Cruise Ship Terminals
Source: USCG-2006-23846, 83 FR 12102, Mar. 19, 2018, unless otherwise noted.

§ 105.500 General.
(a) Applicability. The owner or operator of a cruise ship terminal must comply with this subpart when
receiving a cruise ship or tenders from cruise ships.
(b) Purpose. This subpart establishes cruise ship terminal screening programs within the Facility Security
Plans to ensure that prohibited items are not present within the secure areas that have been designated
for screened persons, baggage, and personal effects, and are not brought onto cruise ships interfacing
with the terminal.
(c) Compliance dates.
(1) No later than October 15, 2018, cruise ship terminal owners or operators must submit, for each
terminal, a terminal screening program (TSP) that conforms with the requirements in § 105.505 to
the cognizant COTP for review and approval.
(2) No later than April 18, 2019, each cruise ship terminal owner or operator must operate in compliance
with an approved TSP and this subpart.

§ 105.505 Terminal Screening Program (TSP).
(a) General requirements. The owner or operator of a cruise ship terminal must ensure a TSP is developed,
added to the Facility Security Plan (FSP), and implemented. The TSP must—
(1) Document all procedures that are employed to ensure all persons, baggage, and personal effects are
screened at the cruise ship terminal prior to being allowed into a cruise ship terminal's secure areas
or onto a cruise ship;
(2) Be written in English; and
(3) Be approved by the Coast Guard as part of the FSP in accordance with subpart D of this part.
(b) Availability. Each cruise ship terminal Facility Security Officer (FSO) must—
(1) Maintain the TSP in the same or similar location as the FSP as described in § 105.400(d);
(2) Have an accessible, complete copy of the TSP at the cruise ship terminal;
(3) Have a copy of the TSP available for inspection upon request by the Coast Guard;
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33 CFR 105.505(b)(4)

(4) Maintain the TSP as sensitive security information (SSI) and protect it in accordance with 49 CFR
part 1520; and
(5) Make a copy of the current Prohibited Items List (PIL) publicly available. The PIL and copies thereof
are not SSI.
(c) Content. The TSP must include—
(1) A line diagram of the cruise ship terminal including—
(i)

The physical boundaries of the terminal;

(ii) The location(s) where all persons intending to board a cruise ship, and all personal effects and
baggage, are screened; and
(iii) The point(s) in the terminal beyond which no unscreened person may pass.
(2) The responsibilities of the owner or operator regarding the screening of persons, baggage, and
personal effects;
(3) The procedure to obtain and maintain the PIL;
(4) The procedures used to comply with the requirements of § 105.530 regarding qualifications of
screeners;
(5) The procedures used to comply with the requirements of § 105.535 regarding training of screeners;
(6) The number of screeners needed at each location to ensure adequate screening;
(7) A description of the equipment used to comply with the requirements of § 105.525 regarding the
screening of individuals, their personal effects, and baggage, including screening at increased
Maritime Security (MARSEC) levels, and the procedures for use of that equipment;
(8) The operation, calibration, and maintenance of any and all screening equipment used in accordance
with § 105.545;
(9) The procedures used to comply with the requirements of § 105.550 regarding the use of alternative
screening methods and/or equipment, including procedures for passengers and crew with
disabilities or medical conditions precluding certain screening methods; and
(10) The procedures used when prohibited items are detected.
(d) As a part of the FSP, the requirements in §§ 105.410 and 105.415 governing submission, approval,
amendment, and audit of a TSP apply.

§ 105.510 Screening responsibilities of the owner or operator.
In addition to the requirements of § 105.200, the owner or operator of a cruise ship terminal must ensure that—
(a) A TSP is developed in accordance with this subpart, and submitted to and approved by the cognizant
Captain of the Port (COTP), as part of the FSP, in accordance with this part;
(b) Screening is conducted in accordance with this subpart and an approved TSP;
(c) Specific screening responsibilities are documented in a Declaration of Security (DoS) in accordance with
§§ 104.255 and 105.245 of this subchapter;

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33 CFR 105.510(d)

(d) Procedures are established for reporting and handling prohibited items that are detected during the
screening process;
(e) All personal screening is conducted in a uniform, courteous, and efficient manner respecting personal
rights to the maximum extent practicable; and
(f) When the MARSEC (Maritime Security) level is increased, additional screening measures are employed in
accordance with an approved TSP.

§ 105.515 Prohibited Items List (PIL).
(a) The owner or operator of a cruise ship terminal must obtain from the Coast Guard and maintain a
Prohibited Items List (PIL) consisting of dangerous substances and devices for purposes of § 105.290(a).
The list specifies those items that the Coast Guard prohibits all persons from bringing onboard any cruise
ship through terminal screening operations regulated under 33 CFR part 105.
(b) Procedures for screening persons, baggage and personal effects must include use of the PIL which will be
provided to screening personnel by the cruise ship terminal owner or operator.
(c) The list must be present at each screening location during screening operations. Additionally, the list must
be included as part of the DoS.
(d) Facility personnel must report the discovery of a prohibited item introduced by violating security measures
at a cruise ship terminal as a breach of security in accordance with § 101.305(b) of this subchapter. A
prohibited item discovered during security screening is not considered to be a breach of security, and
should be treated in accordance with local law enforcement practices.

§ 105.525 Terminal screening operations.
(a) Passengers and personal effects.
(1) Each cruise ship terminal must have at least one location to screen passengers and carry-on items
prior to allowing such passengers and carry-on items into secure areas of the terminal designated
for screened persons and carry-on items.
(2) Screening locations must be adequately staffed and equipped to conduct screening operations in
accordance with the approved TSP.
(3) Facility personnel must check personal identification prior to allowing a person to proceed to a
screening location, in accordance with § 105.290(b), which sets forth additional requirements for
cruise ship terminals at all MARSEC levels.
(4) All screened passengers and their carry-on items must remain in secure areas of the terminal
designated for screened persons and personal effects until boarding the cruise ship. Persons who
leave a secure area must be re-screened.
(b) Persons other than passengers. Crew members, visitors, vendors, and other persons who are not
passengers, and their personal effects, must be screened either at screening locations where passengers
are screened or at another location that is adequately staffed and equipped in accordance with this
subpart and is specifically designated in an approved TSP.
(c) Checked baggage.
(1) A cruise ship terminal that accepts baggage must have at least one location designated for the
screening of checked baggage.
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33 CFR 105.525(c)(2)

(2) Screening personnel may only accept baggage from a person with—
(i)

A valid passenger ticket;

(ii) Joining instructions;
(iii) Work orders; or
(iv) Authorization from the terminal or vessel owner or operator to handle baggage;
(3) Screening personnel may only accept baggage in an area designated in an approved TSP and
manned by terminal screening personnel; and
(4) Screening or security personnel must constantly control the checked baggage, in a secure area, from
the time it is accepted at the terminal until it is onboard the cruise ship.
(d) Unaccompanied baggage.
(1) Facility personnel may accept unaccompanied baggage, as defined in § 101.105 of this subchapter,
only if the Vessel Security Officer (VSO) provides prior written approval for the unaccompanied
baggage.
(2) If facility personnel accept unaccompanied baggage at a cruise ship terminal, they must handle such
baggage in accordance with paragraph (c) of this section.

§ 105.530 Qualifications of screeners.
In addition to the requirements for facility personnel with security duties contained in § 105.210, screening
personnel at cruise ship terminals must—
(a) Have a combination of education and experience that the FSO has determined to be sufficient for the
individual to perform the duties of the position; and
(b) Be capable of using all screening methods and equipment needed to perform the duties of the position.

§ 105.535 Training requirements of screeners.
In addition to the requirements for facility personnel with security duties in § 105.210, screening personnel at cruise
ship terminals must demonstrate knowledge, understanding, and proficiency in the following areas as part of their
security-related familiarization—
(a) Historic and current threats against the cruise ship industry;
(b) Relevant portions of the TSP and FSP;
(c) The purpose and contents of the cruise ship terminal PIL;
(d) Specific instruction on screening methods and equipment used at the cruise ship terminal;
(e) Terminal-specific response procedures when a dangerous substance or device is detected;
(f) Additional screening requirements at increased MARSEC levels; and,
(g) Any additional topics specified in the facility's approved TSP.

§ 105.540 Screener participation in drills and exercises.
Screening personnel must participate in drills and exercises required under § 105.220.
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33 CFR 105.545

§ 105.545 Screening equipment.
The following screening equipment may be used, provided it is specifically documented in an approved TSP.
(a) Metal detection devices.
(1) The owner or operator of a cruise ship terminal may use a metal detection device to screen persons,
baggage, and personal effects.
(2) Metal detection devices used at any cruise ship terminal must be operated, calibrated, and
maintained in accordance with manufacturer's instructions.
(b) X-ray systems. The owner or operator of a cruise ship terminal may use an x-ray system for the screening
and inspection of personal effects and baggage if all of the following requirements are satisfied—
(1) The system meets the standards for cabinet x-ray systems used primarily for the inspection of
baggage, found in 21 CFR 1020.40;
(2) Familiarization training for screeners, in accordance with § 105.535, includes training in radiation
safety and the efficient use of x-ray systems;
(3) The system must meet the imaging requirements found in 49 CFR 1544.211;
(4) The system must be operated, calibrated, and maintained in accordance with manufacturer's
instructions;
(5) The x-ray system must fully comply with any defect notice or modification order issued for that
system by the Food and Drug Administration (FDA), unless the FDA has advised that a defect or
failure to comply does not create a significant risk of injury, including genetic injury, to any person;
(6) The owner or operator must ensure that a sign is posted in a conspicuous place at the screening
location where x-ray systems are used to inspect personal effects and where screeners accept
baggage. These signs must—
(i)

Notify individuals that items are being screened by x-ray and advise them to remove all x-ray,
scientific, and high-speed film from their personal effects and baggage before screening;

(ii) Advise individuals that they may request screening of their photographic equipment and film
packages be done without exposure to an x-ray system; and
(iii) Advise individuals to remove all photographic film from their personal effects before screening,
if the x-ray system exposes any personal effects or baggage to more than one milliroentgen
during the screening.
(c) Explosives detection systems. The owner or operator of a cruise ship terminal may use an explosives
detection system to screen baggage and personal effects for the presence of explosives if it meets the
following requirements:
(1) At locations where x-ray technology is used to inspect baggage or personal effects for explosives,
the terminal owner or operator must post signs in accordance with paragraph (b)(6) of this section.
(2) All explosives detection equipment used at a cruise ship terminal must be operated, calibrated, and
maintained in accordance with manufacturer's instructions.

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33 CFR 105.550

§ 105.550 Alternative screening.
If the owner or operator of a U.S. cruise ship terminal chooses to screen using equipment or methods other than
those described in § 105.545, the equipment and methods must be described in detail in an approved TSP.

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