33 C.F.R. § 105.255 Security measures for access control.
Title 33 - Navigation and Navigable Waters
(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; (2) Secure dangerous substances and devices that are authorized by the owner or operator to be on the facility; and (3) Control access to the facility. (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. Each location allowing means of access to the facility must be addressed; (2) The identification of the type of restriction or prohibition to be applied and the means of enforcing them; (3) The means of identification required to allow access to the facility and for individuals and vehicles to remain on the facility without challenge; and (4) The identification of 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 ensure that an identification system is established for checking the identification of facility personnel or other persons seeking access to the facility that: (1) Allows identification of authorized and unauthorized persons at any MARSEC Level; (2) Is coordinated, when practicable, with identification systems of vessels or other transportation conveyances that use the facility; (3) Is updated regularly; (4) Uses disciplinary measures to discourage abuse; (5) Allows temporary or continuing access for facility personnel and visitors, including seafarers' chaplains and union representatives, through the use of a badge or other system to verify their identity; and (6) Allows certain long-term, frequent vendor representatives to be treated more as employees than as visitors. (d) 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. (e) MARSEC Level 1. The facility owner or operator must ensure the following security measures are implemented at the facility: (1) 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; (2) 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; (3) Check the identification of any person seeking to enter the facility, including vessel passengers and crew, facility employees, vendors, personnel duly authorized by the cognizant authority, and visitors. This check includes confirming the reason for entry by examining at least one of the following: (i) Joining instructions; (ii) Passenger tickets; (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 required in paragraph (c) of this section; (4) 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, to establish his or her identity or to account for his or her presence. Any such incident must be reported in compliance with this part; (5) Designate restricted areas and provide appropriate access controls for these areas; (6) Identify access points that must be secured or attended to deter unauthorized access; (7) Deter unauthorized access to the facility and to designated restricted areas within the facility; (8) Screen by hand or device, such as x-ray, all unaccompanied baggage prior to loading onto a vessel; and (9) Secure unaccompanied baggage after screening in a designated restricted area and maintain security control during transfers between the facility and a vessel. (f) 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 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; or (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. (g) MARSEC Level 3. In addition to the security measures required for MARSEC Level 1 and MARSEC Level 2, 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 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; or (9) Increasing security patrols within the facility. [USCG–2003–14732, 68 FR 39322, July 1, 2003, as amended at 68 FR 60541, Oct. 22, 2003]
Title 33: Navigation and Navigable Waters
PART 105—MARITIME SECURITY: FACILITIES
Subpart B—Facility Security Requirements
§ 105.255 Security measures for access control.
