33 C.F.R. Subpart A—General
Title 33 - Navigation and Navigable Waters
Except as specifically stated in this subpart, the definitions in part 101 of this subchapter apply to this part. (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. [USCG–2003–14732, 68 FR 39322, July 1, 2003, as amended at 68 FR 60541, Oct. 22, 2003] (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] (a) An owner or operator of any barge fleeting facility subject to this part is exempt from complying with §105.265, Security measures for handling cargo; and §105.270, Security measures for delivery of vessel stores and bunkers. (b) A public access area designated under §105.106 is exempt from the requirements for screening of persons, baggage, and personal effects and identification of persons in §105.255(c), (e)(1), (e)(3), (f)(1), and (g)(1) and §105.285(a)(1). (c) An owner or operator of any general shipyard facility as defined in §101.105 is exempt from the requirements of this part unless the facility: (1) Is subject to parts 126, 127, or 154 of this chapter; or (2) Provides any other service to vessels subject to part 104 of this subchapter not related to construction, repair, rehabilitation, refurbishment, or rebuilding. (d) Public access facility. (1) The COTP may exempt a public access facility from the requirements of this part, including establishing conditions for which such an exemption is granted, to ensure that adequate security is maintained. (2) The owner or operator of any public access facility exempted under this section must: (i) Comply with any COTP conditions for the exemption; and (ii) Ensure that the cognizant COTP has the appropriate information for contacting the individual with security responsibilities for the public access facility at all times. (3) The cognizant COTP may withdraw the exemption for a public access facility at any time the owner or operator fails to comply with any requirement of the COTP as a condition of the exemption or any measure ordered by the COTP pursuant to existing COTP authority. (e) An owner or operator of a facility is not subject to this part if the facility receives only vessels to be laid-up, dismantled, or otherwise placed out of commission provided that the vessels are not carrying and do not receive cargo or passengers at that facility. [USCG–2003–14732, 68 FR 39322, July 1, 2003, as amended at 68 FR 60540, Oct. 22, 2003] (a) On or before December 31, 2003, facility owners or operators must submit to the cognizant COTP for each facility— (1) The Facility Security Plan described in subpart D of this part for review and approval; or (2) If intending to operate under an approved Alternative Security Program, a letter signed by the facility owner or operator stating which approved Alternative Security Program the owner or operator intends to use. (b) On or before July 1, 2004, each facility owner or operator must be operating in compliance with this part. [USCG–2003–14732, 68 FR 39322, July 1, 2003, as amended at 68 FR 60540, Oct. 22, 2003; USCG–2004–19963, 70 FR 74669, Dec. 16, 2005] Each facility owner or operator subject to this part must ensure, on or before July 1, 2004, that copies of the following documentation are available at the facility and are made available to the Coast Guard upon request: (a) The approved Facility Security Plan (FSP), as well as any approved revisions or amendments thereto, and a letter of approval from the COTP dated within the last 5 years; (b) The FSP submitted for approval and an acknowledgement letter from the COTP stating that the Coast Guard is currently reviewing the FSP submitted for approval, and that the facility may continue to operate so long as the facility remains in compliance with the submitted FSP; or (c) For facilities operating under a Coast Guard-approved Alternative Security Program as provided in §105.140, a copy of the Alternative Security Program the facility is using, including a facility specific security assessment report generated under the Alternative Security Program, as specified in §101.120(b)(3) of this subchapter, and a letter signed by the facility owner or operator, stating which Alternative Security Program the facility is using and certifying that the facility is in full compliance with that program. [USCG–2003–14732, 68 FR 39322, July 1, 2003, as amended at 68 FR 60541, Oct. 22, 2003] 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] 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 (G-MP) at 2100 Second St., SW., Washington, DC 20593. The Commandant (G-MP) may require the facility owner or operator to provide data for use in determining the validity of the requested waiver. The Commandant (G-MP) 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] For any measure required by this part, the facility owner or operator may propose an equivalent as provided in §101.130 of this subchapter. (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) in appendix A to part 105—Facility Vulnerability and Security (CG–6025). 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. 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.
Title 33: Navigation and Navigable Waters
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.
