[Federal Register Volume 63, Number 193 (Tuesday, October 6, 1998)]
[Rules and Regulations]
[Pages 53587-53593]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-26578]
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DEPARTMENT OF TRANSPORTATION
Coast Guard
33 CFR Parts 120 and 128
[CGD 91-012]
RIN 2115-AD75
Security for Passenger Vessels and Passenger Terminals
AGENCY: Coast Guard, DOT.
ACTION: Final rule.
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SUMMARY: The Coast Guard implements a final rule for the security of
passenger vessels and passenger terminals. The purpose of this rule, as
of the interim rule now in effect, is to deter, or mitigate the results
of, terrorism and other unlawful acts against passenger vessels and
passenger terminals. The rule should reduce the likelihood of such acts
and should reduce the damage to property and injury to persons, if such
acts occur.
DATES: This final rule is effective on November 13, 1998.
ADDRESSES: Documents as indicated in this preamble are available for
inspection or copying at the office of the Executive Secretary, Marine
Safety Council (G-LRA, 3406), U.S. Coast Guard Headquarters, 2100
Second Street SW., room 3406, Washington, DC 20593-0001, between 9:30
a.m. and 2 p.m., Monday through Friday, except Federal holidays. The
telephone number is 202-267-1477. A copy of the material listed in
Incorporation by Reference of this preamble is available for inspection
at room 1210, U.S. Coast Guard Headquarters.
FOR FURTHER INFORMATION CONTACT: LCDR John Farthing, Project Manager,
Vessel and Facility Operating Standards Division, 202-267-6451.
SUPPLEMENTARY INFORMATION:
Regulatory History
On March 25, 1994, the Coast Guard published [59 FR 14290] a notice
of proposed rulemaking (NPRM) entitled ``Security for Passenger Vessels
and Passenger Terminals.'' The Coast Guard
[[Page 53588]]
held three public meetings and received over 115 comments on the NPRM.
On July 18, 1996, the Coast Guard published [61 FR 37648] an
interim rule requiring the development of Security Plans based on three
threat levels. The interim rule required all passenger vessels and
passenger terminals covered by the rule to submit Plans by October 16,
1996.
On October 3, 1996, the Coast Guard published [61 FR 51597] a
Notice of Policy clarifying the tonnage requirement and the submission
of Terminal Security Plans by entities other than the terminals
themselves.
Background and Purpose
The death of a U.S. citizen, during the hijacking of the ACHILLE
LAURO in 1985, demonstrates the threat of terrorism to passenger
vessels and associated terminals. This vulnerability has caused major
national and international concern about terrorism. To address this
threat, the President signed into law the Omnibus Diplomatic Security
and Antiterrorism Act of 1986 [Pub. L. 99-399; 100 Stat. 889], Title IX
of which constitutes the International Maritime and Port Security Act.
That Act amended the Ports and Waterways Safety Act [33 U.S.C. 1221],
and provided the Coast Guard authority to ``carry out or require
measures, including inspections, port and harbor patrols, the
establishment of security and safety zones, and the development of
contingency plans and procedures, to prevent or respond to acts of
terrorism'' [Sec. 906].
The International Maritime Organization (IMO) adopted and published
``Measures to Prevent Unlawful Acts Against Passengers and Crews on
Board Ships,'' also in 1986. Those measures, which are guidelines,
apply to passenger ships engaged on international voyages of 24 hours
or more and to the port facilities that serve them. We, the Coast
Guard, published a notice listing these measures as ``guidelines'' and
encouraging voluntary compliance [52 FR 11587; April 9, 1987].
Initially, the response was promising as many passenger vessels and
associated passenger terminals operating in the U.S. began implementing
the guidelines. However, we determined that voluntary compliance had
not produced the industry-wide level of security necessary to ensure
that acts of terrorism are deterred, or responded to, in the best
possible manner. We have seen an increase in domestic terrorism along
with a consistent, if not increasing, threat of international
terrorism. For these reasons, the Secretary of the Department of
Transportation asked all agencies of the Department to reassess their
security procedures and standards. Consequently, we determined that
implementing a rule to ensure that passenger vessels and passenger
terminals are prepared to handle terrorist threats or actions was
necessary.
On July 18, 1996, the Coast Guard published [61 FR 37648] an
interim rule requiring the development of Security Plans by passenger
vessels and passenger terminals. The interim rule required all
passenger vessels and passenger terminals covered by the rule to submit
Plans by October 16, 1996.
Implementation of the interim rule has been highly successful. The
passenger vessels and passenger terminals affected by this rule have
developed plans to ensure that passenger vessels and passenger
terminals are prepared to handle terrorist threats or actions.
Additionally, the Department of Transportation, the Coast Guard, and
industry have cooperatively embarked on several related projects to
enhance security for these vessels and terminals.
Discussion of Comments and Changes
1. General
We received six comments on the interim rule, most of which
expressed satisfaction with the rule as written.
Several of the sections, and their headings, in Parts 120 and 128
have been revised to reflect the new ``plain language'' style of
regulations.
2. Definition of Terms Relative to Security Level
Several comments expressed concern about the use of the terms
``High Threat,'' ``Medium Threat,'' and ``Low Threat.'' They felt that
these terms were confusing because many other agencies use the same
terms with no commonality among the definitions.
We agree that these terms are confusing and have changed ( 120.110
of the rule by removing those terms and substituting three Security
Levels with similar definitions.
3. Definitions of ``embarks'' and ``disembarks''
There were also several comments expressing concern about the
meaning of embarking and disembarking passengers. Some felt this meant
only the initial embarkation or final debarkation of passengers. They
recommended that the rule should be changed to define these terms.
We do not agree. We consider the concepts embarking and
disembarking to be clear and to need no further definition. ``Webster's
New World Dictionary'' defines the terms embark and disembark as ``to
put or take (passengers or goods) aboard a ship ...'' and ``to unload
from or leave a ship ...'' respectively. Security is necessary anytime
passengers or stores are placed on or taken off a vessel. The degree of
security will vary depending on the location, the operation, and the
perceived threat.
4. Other Types of Vessels
One comment raised a question about the requirement of Security
Plans for other types of vessels (such as tankers and cargo vessels)
that also carry passengers for hire.
At present, we do not require Plans for vessels whose primary
service is not the carriage of passengers. In the future, should the
degree of threat increase, we may amend this rule to encompass other
vessels that handle passengers regardless of service.
5. Terminal Operators
One comment raised the issue of who is the terminal operator, and
the issue also arose during several meetings between industry and local
Coast Guard Captains of the Port (COTPs).
This issue (together with the issue of tonnage) led to the
publication of the Notice of Policy on October 3, 1996. We understand
that terminals differ in size and complexity. It is in the interest of
all parties to allow for the submission of Security Plans for terminals
by entities other than the terminals themselves. These Plans can be
based upon legal contracts between vessels and terminals or upon
responsibilities for absolute control over terminal areas. In some
instances annexes to the Security Plan for vessels may substitute for
Plans for terminals, with the approval of the COTPs, enabling vessels
to operate in remote sites where typical terminal facilities do not
exist. This will still provide a degree of security for their
passengers commensurate with the reduced level of activity taking place
in those sites. We have incorporated this policy clarification into
this rule by inserting the text from the Notice of Policy into a new (
120.303 and a new ( 128.305, after renumbering ( 128.305 to 128.307, (
128.307 to 128.309, and ( 128.309 to 128.311.
6. Exemption from ``Freedom of Information Act''
During the previous comment periods, many parties asked to have the
required Security Plans exempted from requests under the ``Freedom of
Information Act.'' The Coast Guard, in turn, asked Congress for express
authority to withhold them.
Congress granted this authority in the ``Coast Guard Authorization
Act of
[[Page 53589]]
1996'' [Pub. L. 104-324], which exempts these plans from required
disclosure to the public [( 302; 33 U.S.C. 1226(c)].
7. Plain Language
In an effort to develop a more customer-oriented approach to
drafting regulations, the Coast Guard will publish the final rule using
``plain language'' techniques. Clear, more readable regulations are
important for the success of our government's reinvention initiative.
Incorporation by Reference
The Director of the Federal Register has approved the material in
(( 120.220, 120.300, 128.220, and 128.300 from International Maritime
Organization (IMO), MSC Circular 443, ``Measures to Prevent Unlawful
Acts Against Passengers and Crews on Board Ships'', dated September 26,
1986, for incorporation by reference effective October 16, 1996, under
5 U.S.C. 552 and 1 CFR part 51. Copies of the material are available
from the source listed in (( 120.120 and 128.120.
Regulatory Assessment
This rulemaking is a significant regulatory action under section
3(f) of Executive Order 12866. The Office of Management and Budget
(OMB) reviewed the rulemaking under that Order. This final rule needs
an assessment of potential cost and benefits under section 6(a)(3) of
that Order. It is significant under the regulatory policies and
procedures of the Department of Transportation [44 FR 11040 (February
26, 1979)]. We prepared an Assessment, which is available in the docket
for inspection or copying where indicated under ADDRESSES. A summary of
the Assessment follows:
We expect that this rule will affect about 137 passenger vessels
and 53 passenger terminals. Of the vessels, about 134 are cruise
vessels, each carrying in excess of 100 passengers and operating out of
U.S. ports. Of the terminals, all serve these cruise vessels. There may
be up to 40 more vessels and 20 more terminals that will be subject to
this rule only on occasion. Such occasions could include where a vessel
subject to this rule would schedule a port call outside its usual
itinerary (i.e. for a special event), or if a vessel not usually
subject to this rule was chartered for a voyage that would make it
applicable. There are around 4 million passengers a year that will be
subject to, and will benefit from, the security measures required by
this rule.
We estimate initial total implementing costs at $611,040. We
estimate annual total operating costs at $30,768. If the number of
passengers remains constant at about 4 million a year, the cost to
consumers will be negligible.
The potential exists for the loss of many lives and for significant
property damage from even a single act of terrorism against a passenger
vessel. Although the benefits of avoiding such an act cannot be exactly
quantified, we assert that the benefits from this rule outweigh the
costs.
Small Entities
Under the Regulatory Flexibility Act [5 U.S.C. 601 et seq.], we
must consider whether this final rule will have a significant economic
impact on a substantial number of small entities. ``Small entities''
include small businesses, not-for-profit organizations that are
independently owned and operated and are not dominant in their fields,
and governmental jurisdictions with populations of less than 50,000.
Firms affected by this rulemaking are classified as ``Water
Transportation of Passengers, N.E.C.'', Standard Industrial Code (SIC)
#4489. According to 13 CFR Part 121, small businesses under this SIC
are those firms that employ less than 500 people.
Of the 137 passenger vessels affected by this rulemaking, the
average displacement of each vessel is 31,050 gross tons. The average
passenger capacity is 1,171 passengers and the crew size averages 440
persons. All but 12 of these affected passenger vessels belong to a
fleet of two or more vessels. The tonnage of the vessels, the crew
size, and passenger capacity together suggest that the majority of
these passenger vessels are not owned and operated by small entities.
To ensure compliance with the Small Business Regulatory Enforcement
Fairness Act, the Coast Guard analyzed the affected population to
determine with more certainty the prospective impact upon small
entities. The Passenger Vessel Association (PVA) was contacted to
determine if any of the firms operating passenger vessels affected by
this rulemaking were members. Approximately 98 percent of PVA members
are unaffected small entities. Only one affected vessel was found to be
operated by a PVA member, but its operator was not a small entity.
The Coast Guard contacted companies which own and operate only one
vessel. We determined that two of the single-vessel companies being
affected by this rule are small entities and that two of the single-
vessel companies affected by this rule exceed the 500-employee
threshold and were not small entities. Information on the remaining
eight single-vessel companies was not made available to the Coast
Guard. We concluded that this rule impacts at least two, and up to ten,
small entities.
The costs attributable to this rule are a function of the time it
takes to perform security planning and surveys. Security requirements
for small vessels and terminals will be less complex, and therefore
less expensive to implement, than for large vessels and terminals. The
reduced complexity will result in costs to small entities that are less
than the relatively low average initial cost of $3,216 per vessel/
terminal and annual costs of $161 per vessel/terminal calculated for
the rulemaking. Very few small entities are affected, in all likelihood
no more than 10 firms, and the per-firm costs are quite low.
Accordingly, the Coast Guard certifies under section 605(b) of the
Regulatory Flexibility Act (5 U.S.C. 601 et seq.) that this final rule
will not have a significant economic impact on a substantial number of
small entities.
Assistance for Small Entities
Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996 [Pub. L. 104-121], we offered through the interim
rule to assist small entities to understand this final rule so they can
better evaluate its effects on them and participate in the rulemaking.
We received no comments in response to the interim rule on this matter.
Collection of Information
This final rule provides for a collection of information under the
Paperwork Reduction Act of 1995 [44 U.S.C. 3501 et seq.]. It requires
the development of security plans for both passenger vessels and
passenger terminals. It also requires the amendment of the plans to
keep them current and the reporting of unlawful acts to the Coast
Guard. It affects about 137 vessels and 53 terminals. During previous
comment periods we received no comments concerning the collection of
information.
As required by 5 U.S.C. 3507(d), we submitted a copy of this rule
to the Office of Management and Budget for its review of the collection
of information. OMB has approved the collection. The sections are
Secs. 120.220, 120.300, 128.220, 128.300, 128.305, and 128.309, and the
control number for them is OMB Control Number 2115-0622, which expires
on January 31, 2000.
There is no requirement for persons to respond to a collection of
information unless it displays a currently valid OMB control number.
[[Page 53590]]
Federalism
We have analyzed this final rule under the principles and criteria
contained in Executive Order 12612 and have determined that this rule
does not have sufficient federalism implications to warrant the
preparation of a Federalism Assessment.
Environment
We have considered the environmental impact of this final rule and
concluded that, under paragraph 2.B.2.e.(34) of Commandant Instruction
M16475.1B, this rule is categorically excluded from further
environmental documentation. This rule implements statutory authority
of the Coast Guard in maritime safety. A ``Categorical Exclusion
Determination'' is available in the docket for inspection or copying
where indicated under ADDRESSES.
List of Subjects
33 CFR Part 120
Passenger vessels, Incorporation by reference, Reporting and
recordkeeping requirements, Security.
33 CFR Part 128
Incorporation by reference, Reporting and recordkeeping
requirements. Security, Waterfront facilities.
Accordingly, the Coast Guard adopts with the following changes the
interim rule amending 33 CFR parts 120 and 128, which was published at
61 FR 37648 onJuly 18, 1996, as a final rule:
PART 120-SECURITY OF PASSENGER VESSELS
1. The cite of authority for part 120 continues to read as follows:
Authority: 33 U.S.C. 1231; 49 CFR 1.46.
2. Revise the heading of Sec. 120.100 to read as follows:
Sec. 120.100 Does this part apply to me?
* * * * *
3. In Sec. 120.110 remove definitions of ``High Threat,'' ``Low
Threat,'' and ``Medium Threat,'' and add, in alphabetical order,
definitions to read as follows:
Sec. 120.110 Definitions.
As used in this part:
* * * * *
Security Level I means the degree of security precautions to take
when the threat of an unlawful act against a vessel or terminal is,
though possible, not likely.
Security Level II means the degree of security precautions to take
when the threat of an unlawful act against a vessel or terminal is
possible and intelligence indicates that terrorists are likely to be
active within a specific area, or against a type of vessel or terminal.
Security Level III means the degree of security precautions to take
when the threat of an unlawful act against a vessel or terminal is
probable or imminent and intelligence indicates that terrorists have
chosen specific targets.
* * * * *
We means the United States Coast Guard.
You, unless otherwise specified, means the owner, operator, or
charterer of a passenger vessel.
4. Revise Sec. 120.200 to read as follows:
Sec. 120.200 What must my Vessel Security Program cover?
(a) If this part applies to your passenger vessel, you must
implement a program for that vessel that--
(1) Provides for the safety and security of persons and property
traveling aboard the vessel, against unlawful acts;
(2) Prevents or deters the carriage aboard the vessel of any
prohibited weapon, incendiary, or explosive, on or about any person or
within his or her personal articles or baggage, and the carriage of any
prohibited weapon, incendiary, or explosive, in stowed baggage, cargo,
or stores;
(3) Prevents or deters unauthorized access to the vessel and to
restricted areas aboard the vessel;
(4) Provides appropriate security measures for Security Levels I,
II, and III that allow for increases in security when the Commandant or
Captain of the Port (COTP) advises you that a threat of an unlawful act
exists and may affect the vessel or any person aboard it;
(5) Designates, by name, a security officer for the vessel;
(6) Ensures that all members of the crew are adequately trained to
perform their duties relative to security; and
(7) Provides for coordination with terminal security while in port.
(b) If this part applies to your passenger vessel, you must work
with the operator of each terminal at which that vessel embarks or
disembarks passengers, to provide security for the passengers and the
vessel. You need not duplicate any provisions fulfilled by the terminal
unless directed to by the Commandant. When a provision is fulfilled by
the terminal, the applicable section of the Vessel Security Plan
required by Sec. 120.300 must refer to that fact.
5. Revise Sec. 120.210 and its heading to read as follows:
Sec. 120.210 What are the responsibilities of my vessel security
officer?
(a) If this part applies to your passenger vessel, you must
designate a security officer for your vessel.
(b) This officer must ensure that--
(1) An initial comprehensive security survey is conducted and
updated;
(2) The Vessel Security Plan required by Sec. 120.300 is
implemented and maintained, and amendments to correct its deficiencies
and satisfy the security requirements for the vessel are proposed;
(3) Adequate training for members of the crew responsible for
security is provided;
(4) Regular security inspections of the vessel are conducted;
(5) Vigilance is encouraged, as well as is general awareness of
security, aboard the vessel;
(6) All occurrences or suspected occurrences of unlawful acts and
related activities are reported under Sec. 120.220; and
(7) Coordination, for implementation of the Vessel Security Plan
required by Sec. 120.300, takes place with the terminal security
officer at each terminal where the vessel embarks or disembarks
passengers.
6. Revise Sec. 120.220 to read as follows:
Sec. 120.220 What must I do to report an unlawful act and related
activity?
(a) Either you or the vessel security officer must report each
breach of security, unlawful act, or threat of an unlawful act against
any of your passenger vessels to which this part applies, or against
any person aboard it, that occurs in a place subject to the
jurisdiction of the United States. You must report the incident to both
the COTP and to the local office of the Federal Bureau of Investigation
(FBI). Also, if your vessel is a U.S.-flag vessel, you must report each
such incident that occurs in a place outside the jurisdiction of the
United States to the hotline of the Response Center of the Department
of Transportation at 1-800-424-0201, or, from within metropolitan
Washington, D.C., at 202-267-2675.
(b) Either you or the vessel security officer must file a written
report of the incident, using the form ``Report on an Unlawful Act,''
contained in IMO MSC Circular 443, which you or the officer must
forward as soon as possible to Commandant (G-MOR), U.S. Coast Guard
Headquarters, 2100 Second Street SW., Washington, DC 20593-0001. You
may initially file the report with Commandant (G-MOR) by fax at (202)
267-4085 or -4065.
7. Revise Sec. 120.300 to read as follows:
Sec. 120.300 What is required to be in a Vessel Security Plan?
(a) If your passenger vessel is subject to this part, you must
develop and
[[Page 53591]]
maintain, in writing, for that vessel, an appropriate Vessel Security
Plan that--
(1) Is unique to the vessel;
(2) Articulates the program required by Sec. 120.200; and
(3) Includes an appendix, for each port where the vessel embarks or
disembarks passengers, that contains port-specific security
information.
(b) The Vessel Security Plan must be developed and maintained under
the guidance in IMO MSC Circular 443, and must establish security
measures to take for Security Levels I, II, and III, to--
(1) Deter unauthorized access to the vessel and its restricted
areas;
(2) Deter the introduction of prohibited weapons, incendiaries, or
explosives aboard the vessel;
(3) Encourage vigilance, as well as general awareness of security,
aboard the vessel;
(4) Provide adequate training to members of the crew for security
aboard the vessel;
(5) Coordinate responsibilities for security with the operator of
each terminal where the vessel embarks or disembarks passengers; and
(6) Provide information to members of the crew and to law-
enforcement personnel, in case of an incident affecting security.
(c) You must amend the Vessel Security Plan to address any known
deficiencies.
(d) You must restrict the distribution, disclosure, and
availability of information contained in the Vessel Security Plan to
those persons with an operational need to know.
8. Add new Sec. 120.303 to read as follows:
Sec. 120.303 Who must submit a Terminal Security Plan?
(a) You must submit a Terminal Security Plan whenever--
(1) There is an agreement with the owner or operator of a terminal
that you will submit the Plan;
(2) You have exclusive use of the pier and terminal building
immediately adjacent to the pier and have complete control of that
area;
(3) There is no terminal; or
(4) Passengers embark or disembark but no baggage or stores are
loaded or offloaded.
(b) In the situations described in paragraphs (a)(3) and (4) of
this section, you may, with the permission of the cognizant COTP, use
an annex to the vessel's security plan instead of a Terminal Security
Plan.
(c) The owner or operator of a terminal must submit a Terminal
Security Plan whenever--
(1) There is an agreement with you that the owner or operator of
the terminal will submit the Plan;
(2) No security agreement exists; or
(3) (i) At least one vessel other than a passenger vessel uses the
terminal;
(ii) More than one passenger vessel line uses the terminal; or
(iii) The terminal loads or offloads baggage or stores.
9. Revise Sec. 120.305 to read as follows:
Sec. 120.305 What is the procedure for examination?
(a) You must submit two copies of each Vessel Security Plan
required by Sec. 120.300, or of any Terminal Security Plan or annex
required or permitted under Sec. 120.303 or Sec. 128.305 of this
chapter, to the Commanding Officer, National Maritime Center (NMC),
4200 Wilson Blvd., Suite 510, Arlington, Virginia 22203, for
examination at least 60 days before embarking passengers on a voyage
described in Sec. 120.100.
(b) If the Commanding Officer of the NMC, finds that the Vessel
Security Plan meets the requirements of Sec. 120.300, he or she will
return a copy to you marked ``Examined by the Coast Guard.''
(c) If the Commanding Officer of the NMC, finds that the Vessel
Security Plan does not meet the requirements of Sec. 120.300, he or she
will return the Plan with an explanation of why it does not meet them.
(d) No vessel subject to this part may embark or disembark
passengers in the United States, unless it holds either a Vessel
Security Plan that we have examined or a letter from the Commanding
Officer of the NMC, stating that we are currently reviewing the Plan
and that normal operations may continue until we have determined
whether the Plan meets the requirements of Sec. 120.300.
10. Revise Sec. 120.307 to read as follows:
Sec. 120.307 What do I do if I need to amend my Vessel Security Plan?
(a) If your passenger vessel is subject to this part, you must
amend your Vessel Security Plan when directed by the Commanding Officer
of the NMC, and may amend it on your own initiative.
(b) You must submit each proposed amendment to the Vessel Security
Plan you initiate, including changes to any appendix required by
Sec. 120.300(a)(3), to the Commanding Officer of the NMC, for review,
at least 30 days before the amendment is to take effect, unless he or
she allows a shorter period. He or she will examine the amendment and
respond according to Sec. 120.305.
(c) The Commanding Officer of the NMC, may direct you to amend your
Vessel Security Plan if he or she determines that implementation of the
Plan is not providing effective security. Except in an emergency, he or
she will issue you a written notice of matters to address and will
allow you at least 60 days to submit proposed amendments.
(d) If there is an emergency or other circumstance where the COTP
determines that implementation of the Plan is not providing effective
security, and the procedures in paragraph (c) of this section are
impracticable, the COTP may give you an order to implement increases in
security immediately. The order will incorporate a statement of the
reasons for it.
11. Revise Sec. 120.309 to read as follows:
Sec. 120.309 What is my right of appeal?
Any person directly affected by a decision or action taken by the
Commanding Officer of the NMC, under this part, may appeal that action
or decision to the Assistant Commandant for Marine Safety and
Environmental Protection [Commandant (G-M)] according to the procedures
in 46 CFR 1.03-15.
PART 128--SECURITY OF PASSENGER TERMINALS
12. The cite of authority for part 128 continues to read as
follows:
Authority: 33 U.S.C. 1231; 49 CFR 1.46.
13. Revise the heading of Sec. 128.100 to read as follows:
Sec. 128.100 Does this part apply to me?
* * * * *
14. Revise Sec. 128.110 to read as follows:
Sec. 128.110 Definitions.
The definitions in part 120 of this chapter apply to this part,
except for the definition of You. As used in this part:
You means the owner or operator of a passenger terminal.
15. Revise Sec. 128.200 to read as follows:
Sec. 128.200 What must my Terminal Security Plan cover?
(a) If this part applies to your passenger terminal, you must
implement for that terminal a program that--
(1) Provides for the safety and security of persons and property in
the terminal and aboard each passenger vessel subject to part 120 of
this chapter moored at the terminal, against unlawful acts;
(2) Prevents or deters the carriage aboard any such vessel moored
at the
[[Page 53592]]
terminal of any prohibited weapon, incendiary, or explosive on or about
any person or within his or her personal articles or baggage, and the
carriage of any prohibited weapon, incendiary, or explosive in stowed
baggage, cargo, or stores;
(3) Prevents or deters unauthorized access to any such vessel and
to restricted areas in the terminal;
(4) Provides appropriate security measures for Security Levels I,
II, and III that allow for increases in security when the Commandant or
Captain of the Port (COTP) advises you that a threat of an unlawful act
exists and may affect the terminal, a vessel, or any person aboard the
vessel or terminal;
(5) Designates, by name, a security officer for the terminal;
(6) Provides for the evaluation of all security personnel of the
terminal, before hiring, to determine suitability for employment; and
(7) Provides for coordination with vessel security while any
passenger vessel subject to part 120 of this chapter is moored at the
terminal.
(b) If this part applies to your passenger terminal, you must work
with the operator of each passenger vessel subject to part 120 of this
chapter, to provide security for the passengers, the terminal, and the
vessel. You need not duplicate any provisions fulfilled by the vessel
unless directed to by the COTP. When a provision is fulfilled by a
vessel, the applicable section of the Terminal Security Plan required
by Sec. 128.300 must refer to that fact.
16. Revise Sec. 128.210 to read as follows:
Sec. 128.210 What are the responsibilities of my terminal security
officer?
(a) If this part applies to your passenger terminal, you must
designate a security officer for the terminal.
(b) This officer must ensure that--
(1) An initial comprehensive security survey is conducted and
updated;
(2) The Terminal Security Plan required by Sec. 128.300 is
implemented and maintained, and that amendments to correct its
deficiencies and satisfy the security requirements of the terminal are
proposed;
(3) Adequate training for personnel responsible for security is
provided;
(4) Regular security inspections of the terminal are conducted;
(5) Vigilance is encouraged, as well as is general awareness of
security, at the terminal;
(6) All occurrences or suspected occurrences of unlawful acts and
related activities are reported under Sec. 128.220 and records of the
incident are maintained; and
(7) Coordination, for implementation of the Terminal Security Plan
required by Sec. 128.300, takes place with the vessel security officer
of each vessel that embarks or disembarks passengers at the terminal.
17. Revise Sec. 128.220 to read as follows:
Sec. 128.220 What must I do to report an unlawful act and related
activity?
(a) Either you or the terminal security officer must report each
breach of security, unlawful act, or threat of an unlawful act against
the terminal, a passenger vessel subject to part 120 of this chapter
destined for or moored at that terminal, or any person aboard the
terminal or vessel, to the COTP, to the local office of the Federal
Bureau of Investigation (FBI), and to the local police agency having
jurisdiction over the terminal.
(b) Either you or the terminal security officer must file a written
report of the incident using the form ``Report on an Unlawful Act,''
contained in IMO MSC Circular 443, as soon as possible, to the local
COTP.
18. Revise Sec. 128.300 to read as follows:
Sec. 128.300 What is required to be in a Terminal Security Plan?
(a) If your passenger terminal is subject to this part, you must
develop and maintain, in writing, for that terminal, an appropriate
Terminal Security Plan that articulates the program required by
Sec. 128.200.
(b) The Terminal Security Plan must be developed and maintained
under the guidance in IMO MSC Circular 443 and must address the
security of passengers aboard passenger vessels subject to part 120 of
this chapter, of members of crews of such vessels, and of employees of
the terminal, by establishing security measures to take for Security
Levels I, II, and III, to--
(1) Deter unauthorized access to the terminal and its restricted
areas and to any passenger vessel moored at the terminal;
(2) Deter the introduction of prohibited weapons, incendiaries, and
explosives into the terminal and its restricted areas and onto any
passenger vessel moored at the terminal;
(3) Encourage vigilance, as well as general awareness of security,
at the terminal;
(4) Provide adequate security training to employees of the
terminal;
(5) Coordinate responsibilities for security with the operator of
each vessel that embarks or disembarks passengers at the terminal; and
(6) Provide information to employees of the terminal and to law-
enforcement personnel, in case of an incident affecting security.
(c) You must amend the Terminal Security Plan to address any known
deficiencies.
(d) You must restrict the distribution, disclosure, and
availability of information contained in the Terminal Security Plan to
those persons with an operational need to know.
19. Redesignate Secs. 128.305, 128.307, and 128.309 as
Secs. 128.307, 128.309, and 128.311, respectively; add new Sec. 128.305
to read as follows:
Sec. 128.305 Who must submit a Terminal Security Plan?
(a) The owner or operator of the vessel must submit a Terminal
Security Plan whenever--
(1) There is an agreement with you that the owner or operator of
the vessel will submit the Plan;
(2) The owner or operator of the vessel has exclusive use of the
pier and terminal building immediately adjacent to the pier and has
complete control of that area;
(3) There is no terminal; or
(4) Passengers embark or disembark but no baggage or stores are
loaded or offloaded.
(b) In the situations described in paragraphs (a)(3) and (4) of
this section, the owner or operator of the vessel may, with the
permission of the cognizant COTP, use an annex to the vessel's security
plan instead of a Terminal Security Plan.
(c) You must submit a Terminal Security Plan whenever--
(1) There is an agreement with the owner or operator of the vessel
that you will submit the Plan;
(2) No security agreement exists; or
(3)(i) At least one vessel other than a passenger vessel uses the
terminal;
(ii) More than one passenger vessel line uses the terminal; or
(iii) The terminal loads or offloads baggage or stores.
20. Revise Sec. 128.307 to read as follows:
Sec. 128.307 What is the procedure for examination?
(a) Unless a plan for your passenger terminal will be submitted by
an entity other than yourself under Sec. 128.305 or Sec. 120.303 of
this chapter, you must submit two copies of each Terminal Security Plan
required by Sec. 128.300 to the COTP for examination at least 60 days
before transferring passengers to or from a vessel subject to part 120
of this chapter.
(b) If the COTP finds that the Terminal Security Plan meets the
requirements of Sec. 128.300, he or she will
[[Page 53593]]
return a copy to you marked ``Examined by the Coast Guard.''
(c) If the COTP finds that the Terminal Security Plan does not meet
the requirements of Sec. 128.300, he or she will return the Plan with
an explanation of why it does not meet them.
(d) No terminal subject to this part may transfer passengers to or
from a passenger vessel subject to part 120 of this chapter, unless it
holds either a Terminal Security Plan that we have examined or a letter
from the COTP stating that we are currently reviewing the Plan and that
normal operations may continue until the COTP has determined whether
the Plan meets the requirements of Sec. 128.300.
21. Revise Sec. 128.309 to read as follows:
Sec. 128.309 What do I do if I need to amend my Terminal Security
Plan?
(a) If your passenger terminal is subject to this part, you must
amend your Terminal Security Plan when directed by the COTP, and may
amend it on your own initiative.
(b) You must submit each proposed amendment to the Terminal
Security Plan you initiate to the COTP for review at least 30 days
before the amendment is to take effect, unless he or she allows a
shorter period. The COTP will examine the amendment and respond
according to Sec. 128.307.
(c) The COTP may direct you to amend your Terminal Security Plan if
he or she determines that implementation of the Plan is not providing
effective security. Except in an emergency, he or she will issue you a
written notice of matters to address and will allow you at least 60
days to submit proposed amendments.
(d) If there is an emergency or other circumstance that makes the
procedures in paragraph (c) of this section impracticable, the COTP may
give you an order to implement increases in security immediately. The
order will incorporate a statement of the reasons for it.
22. Revise the heading of Sec. 128.311 to read as follows:
Sec. 128.311 What is my right of appeal?
* * * * *
Dated: September 25, 1998.
James M. Loy,
Admiral, U.S. Coast Guard Commandant.
[FR Doc. 98-26578 Filed 10-5-98; 8:45 am]
BILLING CODE 4910-15-P
