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Subchapter H—Maritime Security

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Subchapter H—Maritime Security SUBCHAPTER H—MARITIME SECURITY PART 101—MARITIME SECURITY: (1) To implement portions of the GENERAL maritime security regime required by the Maritime Transportation Security Subpart A—General Act of 2002, as codified in 46 U.S.C. Chapter 701; Sec. (2) To align, where appropriate, the 101.100 Purpose. requirements of domestic maritime se- 101.105 Definitions. curity regulations with the inter- 101.110 Applicability. 101.115 Incorporation by reference. national maritime security standards 101.120 Alternatives. in the International Convention for the 101.125 Approved Alternative Security Pro- Safety of Life at Sea, 1974 (SOLAS grams. Chapter XI–2) and the International 101.130 Equivalent security measures. Code for the Security of Ships and of Port Facilities, parts A and B, adopted Subpart B—Maritime Security (MARSEC) on 12 December 2002; and Levels (3) To ensure security arrangements 101.200 MARSEC Levels. are as compatible as possible for ves- 101.205 Department of Homeland Security sels trading internationally. alignment. (b) For those maritime elements of the national transportation system Subpart C—Communication (Port-Facility- where international standards do not Vessel) directly apply, the requirements in this 101.300 Preparedness communications. subchapter emphasize cooperation and 101.305 Reporting. coordination with local port commu- 101.310 Additional communication devices. nity stakeholders, and are based on ex- isting domestic standards, as well as Subpart D—Control Measures for Security established industry security practices. 101.400 Enforcement. (c) The assessments and plans re- 101.405 Maritime Security (MARSEC) Direc- quired by this subchapter are intended tives. for use in implementing security meas- 101.410 Control and Compliance Measures. ures at various MARSEC Levels. The 101.415 Penalties. 101.420 Right to appeal. specific security measures and their implementation are planning criteria Subpart E—Other Provisions based on a set of assumptions made during the development of the security 101.500 Procedures for authorizing a Recog- assessment and plan. These assump- nized Security Organization (RSO). [Re- tions may not exist during an actual served] 101.505 Declaration of Security (DoS). transportation security incident. 101.510 Assessment Tools. [USCG–2003–14792, 68 FR 39278, July 1, 2003, as 101.514 TWIC Requirement. amended at 68 FR 60470, Oct. 22, 2003] 101.515 TWIC/Personal Identification. AUTHORITY: 33 U.S.C. 1226, 1231; 46 U.S.C. § 101.105 Definitions. Chapter 701; 50 U.S.C. 191, 192; Executive Unless otherwise specified, as used in Order 12656, 3 CFR 1988 Comp., p. 585; 33 CFR this subchapter: 1.05–1, 6.04–11, 6.14, 6.16, and 6.19; Department of Homeland Security Delegation No. 0170.1. Alternative Security Program means a third-party or industry organization EDITORIAL NOTE: Nomenclature changes to developed standard that the Com- part 101 appear at 73 FR 35009, June 19, 2008. mandant has determined provides an SOURCE: USCG–2003–14792, 68 FR 39278, July equivalent level of security to that es- 1, 2003. tablished by this subchapter. Area Commander means the U.S. Subpart A—General Coast Guard officer designated by the Commandant to command a Coast § 101.100 Purpose. Guard Area as described in 33 CFR part (a) The purpose of this subchapter is: 3. 318 VerDate Mar<15>2010 16:56 Sep 12, 2012 Jkt 226132 PO 00000 Frm 00328 Fmt 8010 Sfmt 8010 Q:\33\33V1.TXT ofr150 PsN: PC150 Coast Guard, DHS § 101.105 Area Maritime Security (AMS) Assess- the COTP zones described in 33 CFR ment means an analysis that examines part 3. The COTP is the Federal Mari- and evaluates the infrastructure and time Security Coordinator described in operations of a port taking into ac- 46 U.S.C. 70103(a)(2)(G) and also the count possible threats, vulnerabilities, Port Facility Security Officer as de- and existing protective measures, pro- scribed in the ISPS Code, part A. cedures and operations. Cargo means any goods, wares, or Area Maritime Security (AMS) Com- merchandise carried, or to be carried, mittee means the committee estab- for consideration, whether directly or lished pursuant to 46 U.S.C. indirectly flowing to the owner, 70112(a)(2)(A). This committee can be charterer, operator, agent, or any the Port Security Committee estab- other person interested in the vessel, lished pursuant to Navigation and Ves- facility, or OCS facility, except dredge sel Inspection Circular (NVIC) 09–02 spoils. change 2, available from the cognizant Cargo vessel means a vessel that car- Captain of the Port (COTP) or at http:// ries, or intends to carry, cargo as de- www.uscg.mil/hq/g-m/nvic. fined in this section. Area Maritime Security (AMS) Plan Certain Dangerous Cargo (CDC) means means the plan developed pursuant to the same as defined in 33 CFR 160.204. 46 U.S.C. 70103(b). This plan may be the Commandant means the Commandant Port Security plan developed pursuant of the U.S. Coast Guard. to NVIC 09–02 provided it meets the re- Company means any person or entity quirements of part 103 of this sub- that owns any facility, vessel, or OCS chapter. facility subject to the requirements of Area of Responsibility (AOR) means a this subchapter, or has assumed the re- Coast Guard area, district, marine in- sponsibility for operation of any facil- spection zone or COTP zone described ity, vessel, or OCS facility subject to in 33 CFR part 3. the requirements of this subchapter, Audit means an evaluation of a secu- including the duties and responsibil- rity assessment or security plan per- ities imposed by this subchapter. formed by an owner or operator, the Company Security Officer (CSO) means owner or operator’s designee, or an ap- the person designated by the Company proved third-party, intended to iden- as responsible for the security of the tify deficiencies, non-conformities and/ vessel or OCS facility, including imple- or inadequacies that would render the mentation and maintenance of the ves- assessment or plan insufficient. sel or OCS facility security plan, and Barge means a non-self-propelled ves- for liaison with their respective vessel sel (46 CFR 24.10–1). or facility security officer and the Barge fleeting facility means a com- Coast Guard. mercial area, subject to permitting by Contracting Government means any the Army Corps of Engineers, as pro- government of a nation that is a signa- vided in 33 CFR part 322, part 330, or tory to SOLAS, other than the U.S. pursuant to a regional general permit Cruise ship means any vessel over 100 the purpose of which is for the making gross register tons, carrying more than up, breaking down, or staging of barge 12 passengers for hire which makes tows. voyages lasting more than 24 hours, of Breach of security means an incident which any part is on the high seas. Pas- that has not resulted in a transpor- sengers from cruise ships are embarked tation security incident, in which secu- or disembarked in the U.S. or its terri- rity measures have been circumvented, tories. Cruise ships do not include fer- eluded, or violated. ries that hold Coast Guard Certificates Bulk or in bulk means a commodity of Inspection endorsed for ‘‘Lakes, that is loaded or carried on board a Bays, and Sounds’’, that transit inter- vessel without containers or labels, and national waters for only short periods that is received and handled without of time on frequent schedules. mark or count. Dangerous goods and/or hazardous sub- Bunkers means a vessel’s fuel supply. stances, for the purposes of this sub- Captain of the Port (COTP) means the chapter, means cargoes regulated by local officer exercising authority for parts 126, 127, or 154 of this chapter. 319 VerDate Mar<15>2010 16:56 Sep 12, 2012 Jkt 226132 PO 00000 Frm 00329 Fmt 8010 Sfmt 8010 Q:\33\33V1.TXT ofr150 PsN: PC150 § 101.105 33 CFR Ch. I (7–1–12 Edition) Dangerous substances or devices means evaluates the infrastructure and oper- any material, substance, or item that ations of the facility taking into ac- reasonably has the potential to cause a count possible threats, vulnerabilities, transportation security incident. consequences, and existing protective Declaration of Security (DoS) means an measures, procedures and operations. agreement executed between the re- Facility Security Officer (FSO) means sponsible Vessel and Facility Security the person designated as responsible Officer, or between Vessel Security Of- for the development, implementation, ficers in the case of a vessel-to-vessel revision and maintenance of the facil- activity, that provides a means for en- ity security plan and for liaison with suring that all shared security con- the COTP and Company and Vessel Se- cerns are properly addressed and secu- curity Officers. rity will remain in place throughout Facility Security Plan (FSP) means the the time a vessel is moored to the fa- plan developed to ensure the applica- cility or for the duration of the vessel- tion of security measures designed to to-vessel activity, respectively. protect the facility and its servicing District Commander means the U.S. vessels or those vessels interfacing Coast Guard officer designated by the with the facility, their cargoes, and Commandant to command a Coast persons on board at the respective Guard District described in 33 CFR part MARSEC Levels. 3. Ferry means a vessel which is limited Drill means a training event that in its use to the carriage of deck pas- tests at least one component of the sengers or vehicles or both, operates on AMS, vessel, or facility security plan a short run on a frequent schedule be- and is used to maintain a high level of tween two or more points over the security readiness.
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