[Federal Register Volume 59, Number 58 (Friday, March 25, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-6812]
[[Page Unknown]]
[Federal Register: March 25, 1994]
_______________________________________________________________________
Part III
Department of Transportation
_______________________________________________________________________
Coast Guard
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33 CFR Parts 120 and 128
Security for Passenger Vessels and Passenger Terminals; Proposed Rule
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: Notice of proposed rulemaking.
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SUMMARY: The Coast Guard is proposing rules that establish equipment
standards, performance standards, and procedures for security against
acts of terrorism on certain passenger vessels and associated passenger
terminals. Passenger vessels over 100 gross tons carrying more than 12
passengers on voyages of over 24 hours on the high seas will be
affected. These rules are necessary because lack of voluntary
compliance with measures of the International Maritime Organization
(IMO) published in 1986, or with these measures published as Coast
Guard ``guidelines'' in 1987, requires mandatory compliance to attain
``effective security measures.''
DATES: Comments must be received on or before June 23, 1994.
ADDRESSES: Comments may be mailed to the Executive Secretary, Marine
Safety Council (G-LRA-2, 3406) [CGD 91-012], U.S. Coast Guard
Headquarters, 2100 Second Street SW., Washington, DC 20593-0001, or may
be delivered to Room 3406 at the above address between 8 a.m. and 3
p.m., Monday through Friday, except Federal holidays. The telephone
number is (202) 267-1477. Comments on collection of information
requirements must also be mailed to the Office of Information and
Regulatory Affairs, Office of Management and Budget, 725 17th Street
NW., Washington, DC 20503, Attn: Desk Officer, U.S. Coast Guard.
The Executive Secretary maintains the public docket for this
rulemaking. Comments will become part of this docket and will be
available for inspection or copying at room 3406, U.S. Coast Guard
Headquarters.
A copy of the material listed in ``Incorporation by Reference'' is
available for inspection at Room 1108, U.S. Coast Guard Headquarters.
FOR FURTHER INFORMATION CONTACT:
Mr. Gary W. Chappell, Office of Marine Safety, Security, and
Environmental Protection (G-MPS-3), Room 1108, (202) 267-0491, between
7 a.m. and 3:30 p.m., Monday through Friday, except Federal holidays.
SUPPLEMENTARY INFORMATION:
Request for Comments
The Coast Guard encourages interested persons to participate in
this rulemaking by submitting written data, views, or arguments.
Persons submitting comments should include their name and address,
identify this rulemaking [CGD 91-012] and the specific section of this
proposal to which each comment applies, and give the reason for each
comment. Persons wanting acknowledgment of receipt of comments should
enclose a stamped, self-addressed postcard or envelope.
The Coast Guard will consider all comments received during the
comment period. This proposal may change in view of the comments.
The Coast Guard plans no public hearing. Persons may request a
public hearing by writing to the Marine Safety Council at the address
under ADDRESSES. If it determines that the opportunity for oral
presentations will aid this rulemaking, the Coast Guard will hold a
public hearing at a time and place announced by a later notice in the
Federal Register.
Drafting Information
The principal persons involved in drafting this document are Mr.
Gary W. Chappell, Project Manager, and Mr. Patrick J. Murray, Project
Counsel, Office of Chief Counsel.
Background and Purpose
The vulnerability to terrorism of passenger vessels and associated
passenger terminals has been a major national and international concern
since the death of a citizen of the United States (U.S.) during the
hijacking of the Achille Lauro in 1985. To address this threat, the
President signed into law the ``Omnibus Diplomatic Security and
Antiterrorism Act'' in 1986. That act amended the Ports and Waterways
Safety Act, providing 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.''
The 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. The Coast Guard published a notice in the Federal
Register listing these measures as ``guidelines'' and encouraging
voluntary compliance [52 FR 11587, (April 9, 1987)].
Within the U.S., the Coast Guard has relied upon voluntary
compliance with the IMO's measures and with its own guidelines based on
them. Coast Guard encouragement to implement these guidelines has
brought about varying degrees of acceptance. The initial response was
promising, as many passenger vessels and associated passenger terminals
operating in the U.S. began implementing these measures. However, most
of those vessels and terminals implemented the measures only partly.
Many of them cited cost as the main reason for not implementing the
measures fully. Progress toward implementation of the measures has
slowed significantly over the last three years. Some passenger vessels
and passenger terminals still do not maintain and administer
appropriate security measures.
The lack of voluntary compliance with the guidelines, on some
passenger vessels and at some passenger terminals, indicates that
mandatory compliance with rules enforced by penalties is necessary to
attain ``effective security measures'' on passenger vessels making
voyages on the high seas of 24 hours or more and at all passenger
terminals associated with those vessels. Consequently, the Coast Guard
is proposing rules that will specify appropriate equipment standards,
performance standards, and procedures for security. The Coast Guard has
modeled the proposed rules after the IMO's measures.
Discussion of Proposed Amendments
1. The Coast Guard would implement standards for security on
passenger vessels and at passenger terminals by adding two parts to
Chapter I of title 33 of the Code of Federal Regulations (CFR). Part
120, ``Passenger Vessel Security'', would go into Subchapter K, which
would become ``Security of Vessels.'' Part 128, ``Passenger Terminal
Security'', would go into Subchapter L, which already governs
``Waterfront Facilities.''
2. Proposed Sec. 120.100 would limit the applicability of the rules
for passenger vessels. Passenger vessels that embark or disembark
passengers in the U.S. fall under U.S. jurisdiction and are of interest
since many of the passengers involved are U.S. citizens. The rules
proposed here concern vessels of over 100 gross tons carrying more than
12 passengers for hire, making voyages any part of which is on the high
seas, lasting 24 hours or more. Unlawful acts are likelier to occur on
longer voyages. A segmented voyage with multiple stops is considered a
single voyage for determining applicability under this rule. Passenger
vessels commonly make voyages with port calls less than 24 hours apart
although the passengers return to the ship after each port call to
continue their voyage, which lasts over 24 hours. Generally, vessels
over 100 gross tons are over 65 feet long and carry more than 12
passengers. The Coast Guard considered other levels of gross tonnage,
but the number of vessels that would be affected by changing the
threshold of gross tonnage did not justify the variation in
applicability between the safety and security regulations. Only 8
vessels under 1600 gross tons, only 5 of which are under 500 gross
tons, would be subject to these rules. The high seas was selected as a
limitation to applicability to passenger vessels because it is a well
defined jurisdictional area. These limits accord with the IMO's
guidelines.
3. Proposed Sec. 120.110 would clarify the meanings of terms used
in Part 120. Most are identical to definitions in other parts of
Chapter I of Title 33. The term ``passenger terminal'' here includes
waterfront facilities, as defined in the Ports and Waterways Safety
Act, that receive passenger vessels subject to this rulemaking.
4. Proposed Sec. 120.120 would incorporate standards of American
Society for Testing and Materials (ASTM) for X-ray screening systems.
5. Proposed Sec. 120.130 would let the Commandant (G-MPS) approve
alternative procedures that provide a level of security equivalent to
that provided by the rules proposed here. Alternative measures provide
flexibility to allow for situations where compliance is economically or
physically impracticable. They also allow for the use of better or
cheaper equipment, performance, and procedures as these are developed.
6. Proposed Sec. 120.200 would set out the performance standards
for a security program on each covered passenger vessel.
7. Proposed Sec. 120.210 would require the designation of
restricted areas on each covered passenger vessel where access is
limited to selected persons. Restricted areas would deter the
introduction of prohibited persons, and prohibited weapons,
incendiaries, or explosives into sensitive areas where they could be
used to hijack a vessel. For each restricted area an intrusion
detection system, with both local and remote alarms, would alert
security personnel to any illicit entry.
8. Proposed Sec. 120.220 would require the designation of a ship
security officer, who would be responsible for managing day to day
security on the vessel. Such designation is necessary to identify the
person responsible for ensuring that the security program is carried
out.
9. Proposed Sec. 120.230 would require training, which is necessary
to ensure that security personnel know how to perform their duties.
10. Proposed Sec. 120.240 would mandate coordination of security
activities between the vessel and each passenger terminal at which it
calls. Such coordination is currently lacking. It would both eliminate
duplication of efforts and reduce the likelihood of gaps in the
security system.
11. Proposed Sec. 120.250 would require reports of specified acts
directed against the vessels or their passengers. These reports are
necessary to inform the Coast Guard and other law enforcement agencies
of the extent of such acts occurring so that they can allocate
resources to deter or respond to similar acts in the future.
12. Proposed Secs. 120.300, 120.305, and 120.307 would require a
ship security plan and specify procedures for review and amendment of
the plan. The ship security plan is the basic document that sets forth
each vessel's strategy for security. It includes a written description
of the ship security program, which comprises the ship security survey,
the ship security bill, and various security procedures. This document
provides a ready source of information for security personnel and law
enforcement agencies which may be called upon to respond to an
incident. It also enables the Coast Guard to evaluate the vessel's
strategy for security. When the plan has been reviewed by the Coast
Guard and found to meet the requirements, a letter of adequacy is
provided to the operator. Since the plan must be updated from time to
time, Sec. 120.307 sets up the means for the operator to make
amendments, either because of changed circumstances or when directed to
do so. A provision is included to allow the imposition of emergency
measures by the Coast Guard. No exemption from Freedom of Information
Act disclosure requirements is currently provided for ship security
plans. Comments are solicited on whether these plans should be exempted
from Freedom of Information Act disclosure to preserve their
confidentiality.
13. Proposed Secs. 120.310 and 120.320 would require a ship
security survey that provides the information necessary to develop the
ship security plan. The procedures constituting the plan will depend
upon the threats and vulnerabilities identified in the survey. The
survey must undergo periodic updates to reflect changes in threats and
vulnerability. The recent pace of changes in threats suggests that two
years is the longest prudent interval between updates. The survey also
needs to be updated when new ports are visited or there are changes to
the vessel that may affect vessel security. An update is also required
when there is a change in key vessel personnel because a change in
these personnel may influence vessel security.
14. Proposed Sec. 120.330 would require a ship security bill that
indicates the security duties and watch schedules necessary to
implement security procedures. This document not only informs members
of the crew of their responsibilities but enables review of the duties
and schedules by law enforcement agencies.
15. Proposed Sec. 120.340 would require standard operating
procedures relative to security (SSOPs) that set forth, in writing,
routine activities (and standardized responses to certain non-routine
situations). These procedures enable the operators of the vessels to
train and inform security personnel. They also enable the Coast Guard
to evaluate the adequacy of those activities and responses. In order
for security measures to be effective, and because the measures must be
tailored to the particular vessel and terminal, the rules do not
contain detailed standards for the SSOPs. The Coast Guard will provide
guidelines for the SSOPs to vessel and terminal operators and the rules
provide for individualized consideration of SSOPs developed by vessel
and terminal operators, including a process to resolve disagreements as
to their adequacy.
16. Proposed Sec. 120.350 would require identification procedures
for personnel boarding passenger vessels and entering restricted areas
on the vessels. These procedures are necessary to determine the
eligibility of members of the crew, passengers, visitors, vendors, and
other personnel for boarding or entry. In general the procedures
provide for use of identification that bears a photograph of the person
to verify the identity of the person seeking access. Although
alterations to such identification cards are possible, alterations are
generally detectable if the cards are properly laminated. Use of a
voyage specific identification card bearing a photograph provides an
inexpensive and convenient means of ensuring that persons reboarding
the vessel at intermediate port stops are, in fact, passengers on that
voyage.
17. Proposed Sec. 120.360 would tell how to conduct screening of
persons and property boarding vessels or entering restricted areas on
vessels. Screening is necessary to ensure that prohibited weapons,
incendiaries, and explosives are not introduced onto the vessels or
into restricted areas aboard them. Stricter screening is necessary for
property accessible to passengers than for articles accessible only to
members of the crew. Only a certain percentage of these articles such
as ships' stores, would be required to undergo screening, or search.
The fact that random screening is taking place will deter the smuggling
of prohibited weapons, incendiaries, or explosives while minimizing the
burden on vessel and terminal operators.
18. Proposed Sec. 120.370 would require communication procedures to
be established aboard each covered passenger vessel. Communications are
important for summoning assistance from other members of the crew, from
the passenger terminal, or from local law enforcement agencies in an
actual or potential emergency. Distress signals are necessary in case
the primary means of communications is damaged or destroyed.
19. Proposed Sec. 120.400 would prohibit most carriage of weapons,
incendiaries, and explosives on covered passenger vessels. Certain law
enforcement officials may carry firearms. Inaccessible baggage may
contain weapons under some circumstances.
20. Proposed Sec. 120.410 would require lighting for security on
covered passenger vessels during darkness. Lighting has proved
effective in deterring unauthorized entry into secured areas.
21. Proposed Sec. 120.420 would require local and remote alarms for
the intrusion detection systems aboard passenger vessels required by
Sec. 120.210. Alarms are necessary to alert security personnel when
intrusion occurs, because these systems are generally monitored in
areas remote from the restricted areas. Early response is critical to
security, and without alarms, intrusions could go unnoticed.
22. Proposed Sec. 120.430 would specify screening systems to detect
prohibited weapons, incendiaries, and explosives before they could be
carried aboard vessels. Those systems generally comprise X-ray
machines, metal detectors, and manual searches; they may include either
dogs trained to detect explosives or explosives detecting machines. The
specifications for X-ray systems draw on standards of ASTM, which
include, for existing technology, appropriate settings and sensitivity
of the systems' components. In order for these security measures to be
effective, and because the measures employed will vary for each vessel
and terminal, detailed requirements other than the ASTM standard for X-
ray systems, if used, are not contained in the rules. Security measures
developed by vessel and terminal operators will be reviewed for
adequacy and appropriateness for the particular vessel and terminal.
23. Proposed Sec. 120.440 would set the requirements for testing
and maintenance of security equipment. Unless security equipment is
appropriately maintained, failure is likelier; unless it is
periodically tested or checked, failure is likelier to go undetected
for a long time.
24. Proposed Sec. 120.450 would require records of checks and
maintenance of security equipment. Records are necessary for the Coast
Guard to verify that equipment is being cared for properly.
25. Proposed Sec. 128.100 would limit the applicability of the
rules for passenger terminals. Only those waterfront facilities that
serve passenger vessels subject to part 120 need satisfy these
requirements.
26. Proposed Secs. 128.110 through 128.430 are analogous to
proposed Secs. 120.110 through 120.430 because the subjects are
analogous. Section 128.210 excludes the boarding area for passengers
from the requirement of an intrusion detection system because the
extent of the typical area makes such a system impracticable. Signs for
restricted areas on passenger terminals are only required in English.
Comments are sought on the need to require signs in other languages for
restricted areas on U.S. passenger terminals.
27. Proposed Sec. 128.435 would specify security barriers. The ease
of access to passenger terminals from surrounding areas makes barriers
necessary to deter unauthorized entry into terminals. General practices
from industry helped form the standards for the construction of
security fences and walls.
28. Proposed Secs. 128.440 through 128.450 are analogous to
proposed Secs. 120.440 through 120.450 because the subjects are
analogous.
Incorporation by Reference
The following material would be incorporated by reference: ASTM
F792-82, Design and Use of Ionizing Radiation Equipment for the
Detection of Items Prohibited in Controlled Access Areas, 1982.
Copies of the material are available for inspection where indicated
under ADDRESSES. Copies of the material are available at the addresses
in Secs. 120.120 and 128.120.
Before publishing final rules, the Coast Guard will submit this
material to the Director of the Federal Register for approval of the
incorporation by reference.
Regulatory Evaluation
This proposal is not major under Executive Order 12291 but is
considered significant under the Department of Transportation
Regulatory Policies and Procedures [44 FR 11040 (February 26, 1979)]
because it is a high priority project within the Coast Guard and
involves important Departmental policy. A draft Regulatory Evaluation
is available in the docket for inspection or copying where indicated
under ADDRESSES.
The Coast Guard anticipates that approximately 100 passenger
vessels and 53 passenger terminals would be affected. Of the passenger
vessels, approximately 97 are cruise vessels carrying in excess of 100
passengers operating out of U.S. ports. All of the terminals service
these cruise vessels. There may be up to 40 vessels and 20 terminals
that would be subject to these rules only on an occasional basis.
Initial implementing costs are estimated to be $14 million, of
which approximately $12 million would be for security equipment. Annual
operating costs are estimated to be $10 million.
Small Entities
Under the Regulatory Flexibility Act [5 U.S.C. 601 et seq.], the
Coast Guard must consider whether this proposal will have a significant
economic impact on a substantial number of small entities. ``Small
entities'' include independently owned and operated businesses that are
not dominant in their field and that otherwise qualify as ``small
business concerns'' under Sec. 3 of the Small Business Act [15 U.S.C.
632].
This rulemaking could have more than a minimal impact on a few
small entities, but most passenger vessels making voyages on the high
seas of 24 hours or more, and most terminals associated with them, are
neither owned nor operated by small entities. Security requirements for
small vessels and terminals will be less complex and less expensive to
implement than for large vessels and terminals. Therefore, the Coast
Guard certifies under 5 U.S.C. 605(b) that this proposal, if adopted,
will not have a significant economic impact on a substantial number of
small entities. If, however, you think that your business qualifies as
a small entity and that this proposal will have a significant economic
impact on your business, please submit a comment (see ADDRESSES)
explaining why you think your business qualifies and in what way and to
what degree this proposal will economically affect your business.
Collection of Information
Under the Paperwork Reduction Act [44 U.S.C. 3501 et seq.], the
Office of Management and Budget (OMB) reviews each proposed rule that
contains a collection of information requirement, to determine whether
the practical value of the information is worth the burden imposed by
its collection. Collection of information requirements including
reporting, recordkeeping, notification, and other, similar
requirements.
This proposal contains collection of information requirements in
the following sections:
------------------------------------------------------------------------
Section Topic
------------------------------------------------------------------------
120.230............................ Training.
120.250............................ Reporting of unlawful acts and
related activities.
120.300............................ Plan: general.
120.305............................ Plan: letter of adequacy.
120.307............................ Plan: amendment.
120.310............................ Survey: general.
120.330............................ Bill.
120.340............................ Security standard operating
procedures.
120.350............................ Identification.
120.450............................ Records.
128.230............................ Training.
128.250............................ Reporting of unlawful acts and
related activities.
128.300............................ Plan: general.
128.305............................ Plan: letter of adequacy.
128.307............................ Plan: amendment.
128.310............................ Survey: general.
128.330............................ Bill.
128.340............................ Security standard operating
procedures.
128.350............................ Identification.
128.450............................ Records.
------------------------------------------------------------------------
The Coast Guard has submitted the requirements to OMB for approval
under subsection 3504(h) of the Paperwork Reduction Act.
Title: Security for Passenger Vessels and Passenger Terminals;
Need for Information: Protect the public from injury, prevent
damage to property, and avoid economic losses;
Proposed Use of Information: Regulatory compliance, program
management, and program evaluation; Frequency: On Occasion; Burden
Estimate: 42,408 hours; Respondents: 153; Forms: None;
Average Burden Hours Per Respondent: 277. Persons submitting
comments on the requirements should submit their comments both to OMB
and to the Coast Guard where indicated under ADDRESSES.
Federalism
The Coast Guard has analyzed this proposal in accordance with the
principles and criteria contained in Executive Order 12612 and has
determined that this proposal does not have sufficient implications for
federalism to warrant the preparation of a Federalism Assessment.
Environment
The Coast Guard considered the environmental impact of this
proposal and concluded that under section 2.B.2. of Commandant
Instruction M16475.1B, this proposal is categorically excluded from
further environmental documentation. This action carries out Coast
Guard statutory authority in the area of 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
Security, Passenger vessels, Reporting and recordkeeping
requirements.
33 CFR Part 128
Security, Waterfront facilities, Reporting and recordkeeping
requirements.
For the reasons set out in the preamble, the Coast Guard proposes
to amend chapter I of title 33, Code of Federal Regulations, as
follows:
1. Subchapter K is added to read as follows:
SUBCHAPTER K--SECURITY OF VESSELS
Parts
120 Passenger Vessel Security.
128 Passenger Terminal Security.
PART 120--PASSENGER VESSEL SECURITY
Subpart A--General
Sec.
120.100 Applicability.
120.110 Definitions.
120.120 Incorporation by reference.
120.130 Alternatives.
Subpart B--Security Program
120.200 General.
120.210 Restricted areas.
120.220 Ship security officer.
120.230 Training.
120.240 Coordination with terminal security.
120.250 Reporting of unlawful acts and related activities.
Subpart C--Ship Security Plan and Procedures
120.300 Plan: general.
120.305 Plan: letter of adequacy.
120.307 Plan: amendment.
120.310 Survey: general.
120.320 Survey: contents.
120.330 Bill.
120.340 Security standard operating procedures.
120.350 Identification.
120.360 Screening.
120.370 Communications.
120.380 Prohibition against carriage of weapons.
Subpart D--Equipment
120.410 Lighting.
120.420 Alarms.
120.430 Screening.
120.440 Maintenance.
120.450 Records.
Authority: 33 U.S.C. 1231; 49 CFR 1.46.
Subpart A--General
Sec. 120.100 Applicability.
This part applies to--
(a) All passenger vessels over 100 gross tons making a voyage on
the high seas lasting 24 hours or more, during which more than 12
passengers are carried for hire, and for which passengers are embarked
or disembarked in the United States or its territories; and
(b) All U.S. flag passenger vessels over 100 gross tons making a
voyage on the high seas lasting 24 hours or more, during which more
than 12 passengers are carried for hire.
Sec. 120.110 Definitions.
As used in this part:
Captain of the Port (COTP) means the Coast Guard officer designated
by the Commandant to command a Captain of the Port Zone as described in
part 3 of this chapter, or an authorized representative.
Commandant means the Commandant of the U.S. Coast Guard, or an
authorized representative. Letters should be sent to Commandant (G-
MPS), 2100 Second Street SW., Washington, DC 20593-0001.
High seas means all waters that are neither territorial seas nor
internal waters of the United States or of any foreign country as
defined in part 2, subpart 2.05, of this chapter.
Operator means the person, company, or governmental agency, or the
representative of a company or governmental agency, that maintains
operational control over a passenger vessel or passenger terminal.
Passenger terminal means any structure used for the assembling,
processing, embarking, or disembarking of passengers or baggage for
vessels subject to this part. It includes: Piers, wharves, and similar
structures to which a vessel may be secured; land and water under or in
immediate proximity to these structures; buildings on or contiguous to
these structures; and equipment and materials on or in these
structures.
Unlawful act means an act that is a felony under U.S. federal law
or under the laws of the state where the vessel is located.
Voyage means the passenger vessel's entire course of travel, from
the first port at which the vessel embarks passengers until its return
to that port.
Sec. 120.120 Incorporation by reference.
(a) Certain material is incorporated by reference into this part
with the approval of the Director of the Federal Register in accordance
with 54 U.S.C. 552(a) and 1 CFR part 51. To enforce any edition other
than that specified in paragraph (b) of this section, the Coast Guard
must publish notice of change in the Federal Register and make the
material available to the public. All approved material is on file at
the Office of the Federal Register, 1100 L Street NW., Washington, DC,
and at the U.S. Coast Guard, (G-MPS), 2100 Second Street SW.,
Washington, DC, 20593-0001, and is available from the sources indicated
in paragraph (b) of this section.
(b) The materials approved for incorporation by reference in this
part and the sections affected are:
American Society for Testing and Materials (ASTM)
1916 Race Street, Philadelphia, PA 19103
ASTM F-792-82, Design and Use of Ionizing Radiation
Equipment for the Detection of Items Prohibited in Controlled Access
Areas, 1982--120.430
Sec. 120.130 Alternatives.
(a) The Commandant may consider and approve alternative procedures
or standards for an operator of a vessel to which this part applies to
use instead of any procedure or standard required by this part if upon
the Commandant's determination--
(1) Compliance with the one required is economically or physically
impracticable;
(2) The alternative provides an equivalent level of security; and
(3) The operator submits a written request for the alternative,
which contains sufficient information to establish, to the satisfaction
of the Commandant, that the alternative provides an equivalent level of
security.
(b) The Commandant will approve or disapprove the request, in
writing, within 30 days of receipt of the written request.
Subpart B--Security Program
Sec. 120.200 General.
(a) Each operator of a vessel to which this part applies shall
implement for each vessel a program that--
(1) Provides for the safety of persons and property traveling
aboard the vessel, against acts of piracy and criminal violence;
(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 means to meet the requirements of this part for normal
operations and addresses increased security measures to be implemented
when advised by the Commandant or COTP of an increased threat to the
vessel or persons on the vessel;
(5) Designates, by name, a ship security officer for the vessel;
(6) Ensures that all members of the crew are adequately trained to
perform their duties relative to security;
(7) Provides for coordination with terminal security while in port;
and
(8) Includes the equipment, plans, and procedures required by
Subparts B and C of this part.
(b) Each operator of a vessel to which this part applies shall,
where practicable, work with the operator of each terminal at which the
vessel embarks or disembarks passengers, to provide security for the
passengers and the vessel. The vessel, however, need not duplicate any
provisions of this part fulfilled by the terminal unless directed by
the Commandant.
Sec. 120.210 Restricted areas.
(a) Each operator of a vessel to which this part applies shall
designate the following areas of the vessel as ``restricted areas''.
(1) The navigational bridge.
(2) The communications center or radio room.
(3) The engine room.
(4) The administrative spaces.
(5) The armory.
(6) Control rooms for fire fighting equipment.
(7) Other areas, determined by the operator, to which access must
be restricted to maintain the security of the vessel.
(b) Each restricted area must be appropriately secured, with access
limited to authorized personnel.
(c) Each restricted area must be distinctly marked with a placard,
mounted at eye level, that is at least 20 centimeters (8 in) high by 30
centimeters (12 in) wide with the words ``Restricted Area--Authorized
Personnel Only'' in red letters, at least 5 centimeters (2 in) high, on
a white background, in enough languages that each member of the crew
can understand at least one of them.
(d) Each restricted area must be equipped with an intrusion
detection system that activates an audible alarm in accordance with
Sec. 120.420(a).
(e) Each restricted area and its intrusion detection system must be
designated in the plan required by Sec. 120.300.
Sec. 120.220 Ship security officer.
(a) Each operator of a vessel to which this part applies shall
designate a ship security officer for the vessel.
(b) This officer shall be responsible for--
(1) Conducting, amending, and updating the survey required by
Sec. 120.310;
(2) Instituting, monitoring, and recording training for members of
the crew relative to security;
(3) Conducting regular inspections of the vessel;
(4) Proposing modifications to the plan required by Sec. 120.300,
to correct its deficiencies and satisfy the security requirements of
the vessel;
(5) Encouraging vigilance, as well as general awareness of
security, aboard the vessel;
(6) Reporting all occurrences or suspected occurrences of unlawful
acts and related activities in accordance with Sec. 120.250; and
(7) Coordinating, with the terminal security officer of each
terminal at which the vessel embarks or disembarks passengers,
implementation of the plan required by Sec. 120.300.
Sec. 120.230 Training.
(a) Training for security aboard each vessel to which this part
applies is the responsibility of the operator and the ship security
officer of the vessel.
(b) This training must be provided to all members of the crew with
security duties and must emphasize measures to take when advised by the
Commandant or the COTP of an increased threat to the vessel or persons
on the vessel.
(c) Subjects for training must include, but need not be limited
to--
(1) Communications;
(2) Control of access;
(3) Patrol;
(4) Response to emergencies;
(5) Reporting;
(6) Characteristics and behavior of persons who may commit unlawful
acts;
(7) Review of security standard operating procedures (SSOPs) for
the vessel; and
(8) Support from shoreside relative to security.
(d) A record of the date and kind of training for security aboard
ship provided to each member of the crew receiving training must stay
on the vessel for the duration of the member's employment plus six
months. The operator shall make all such records available to the COTP
upon request.
Sec. 120.240 Coordination with terminal security.
(a) Before embarking or disembarking passengers at a passenger
terminal, the operator of a vessel to which this part applies shall,
where practicable, work with the operator of the terminal, to provide
security for the passengers and the vessel. The operator of the vessel
need not duplicate any provisions of this part fulfilled by the
operator of the terminal unless directed by the Commandant.
(b) The operator of the vessel shall--
(1) Agree, as far as possible, in writing, with the operator of the
terminal which responsibilities the terminal will fulfill and which the
vessel will;
(2) Establish communications with the terminal immediately after
mooring;
(3) Provide the terminal with a list of passengers and a list of
all scheduled deliveries and services to the vessel; and
(4) Obtain a copy of the terminal security plan.
(c) If the vessel embarks or disembarks passengers where there is
no terminal, the operator of the vessel shall fulfill all of the
responsibilities in this part.
Sec. 120.250 Reporting of unlawful acts and related activities.
(a) Each member of the crew trained under Sec. 120.230 having
knowledge of an unlawful act, a suspicious activity, a breach of
security, or a threat against the vessel or persons on board shall
notify the operator of the vessel, the master or ship security officer
of the vessel, or another representative of the operator. If the member
cannot notify any of these, the member shall notify the COTP.
(b) The operator of the vessel or the operator's representative
shall report each breach of security, unlawful act, or threat of an
unlawful act against the vessel or persons aboard it that occurs in a
place subject to the jurisdiction of the United States to the COTP and
to the local office of the Federal Bureau of Investigation (FBI). Also,
the operator of each United States flag vessel shall report each such
incident that occurs in a place outside the jurisdiction of the United
States to the Commandant.
(c) Each report required by paragraph (b) of this section must
include, to the extent known--
(1) The vessel's name;
(2) The vessel's flag;
(3) The name of the vessel's master;
(4) If the vessel is moored to a passenger terminal, the name of
the terminal security officer;
(5) An account of the incident;
(6) The date, time and place of the incident;
(7) The number of alleged offenders;
(8) The method used to introduce any prohibited weapon, incendiary,
or explosive into or onto the vessel;
(9) A description of any weapon, incendiary, or explosive involved;
(10) A description of how any weapon, incendiary, or explosive
involved was concealed and used;
(11) A description of how security was breached; and
(12) A statement of what measures have been taken or will be taken
to prevent another such incident.
(d) Use of the form ``Report on an Unlawful Act'', contained in the
``Measures to Prevent Unlawful Acts Against Passengers and Crews on
Board Ships'' published by the International Maritime Organization in
1986, is encouraged.
(e) Each report must stay on file with the plan required by
Sec. 120.300 for a period of two years. All reports shall be used by
the person preparing the next survey required by Sec. 120.310.
Subpart C--Ship Security Plan and Procedures
Sec. 120.300 Plan: general.
(a) Each operator of a vessel subject to this part shall develop
and maintain, in writing, a ship security plan that--
(1) Describes the program required by Sec. 120.200;
(2) Includes the survey required by Sec. 120.310, the bill required
by Sec. 120.330, and the SSOPs required by Sec. 120.340;
(3) Includes an appendix, for each port in which the vessel embarks
or disembarks passengers, that describes port specific security
information.
(b) The operator shall amend the plan to address any known
deficiencies and to satisfy the security requirements of the vessel
each time the survey is updated under Sec. 120.310(b); and
(c) The plan must contain procedures 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 at which the vessel embarks or disembarks passengers; and
(6) Provide information to members of the crew and law enforcement
personnel, in case of an incident affecting security.
(d) The operator shall furnish to the COTP for each port at which
the vessel calls, a copy of each plan or amendment found adequate under
Sec. 120.305 or Sec. 120.307. The copy shall be furnished to the COTP
at least 7 days prior to the first call at the port.
Sec. 120.305 Plan: letter of adequacy.
(a) Each operator of a passenger vessel subject to this part shall
submit the ship security plan required by Sec. 120.300 to the
Commandant (G-MPS), 2100 Second Street SW., Washington, DC, 20593-0001
for review before [Insert date 90 days after date of publication of the
final rule in the Federal Register], or at least 60 days before
embarking passengers on a voyage described in Sec. 120.100, whichever
is later.
(b) Within 30 days after receipt of a proposed ship security plan,
the Chief, Port Safety and Security Division will issue to the operator
either a letter of adequacy certifying that the ship security plan
adequately addresses the requirements of this part or a notice of
deficiencies in the plan relative to the requirements of this part.
(c) Within 30 days after receipt of a notice of deficiencies, the
operator may either submit a modified ship security plan or submit an
appeal of the notice of deficiencies to the Chief, Office of Marine
Safety, Security and Environmental Protection. The decision of the
Chief, Office of Marine Safety, Security and Environmental Protection
is a final agency action.
(d) The Chief, Port Safety and Security Division may void the
letter of adequacy if the operator--
(1) Amends the ship security plan without following the procedures
in Sec. 120.307;
(2) Fails to amend the ship security plan when required by the
Commandant; or
(3) Fails to update the ship security plan as required by
Sec. 120.300(d).
(e) No vessel subject to this part shall embark or disembark
passengers in the United States after [Insert date 120 days after date
of publication of the final rule in the Federal Register] unless it has
a valid letter of adequacy for its ship security plan or an appeal
under paragraph (c) of this section is pending.
Sec. 120.307 Plan: amendment.
(a) Amendments to update the ship security plan may be initiated by
the operator of a passenger vessel subject to this part or directed by
the Commandant.
(b) If initiated by the operator, each proposed amendment to the
ship security plan, including changes to the enclosures required by
Sec. 120.300(a), must be submitted to the Commandant for review at
least 30 days before the proposed effective date, unless a shorter
period is allowed by the Commandant.
(c) The Commandant may direct the operator of a passenger vessel
subject to this part to amend the ship security plan if it is
determined that implementation of the plan is not providing effective
security or there is an increased threat affecting the vessel. Except
in an emergency, a written notice of matters to be addressed will be
issued to the operator and the operator will be provided at least 60
days to submit proposed amendments.
(d) Within 15 days after receipt of a proposed amendment, the
Chief, Port Safety and Security Division will issue a letter to the
operator either accepting the proposed amendment or addressing why the
proposed amendment does not adequately meet the requirements of this
part.
(e) A notice to amend a ship security plan or a rejection of a
proposed amendment by the Chief, Port Safety and Security Division may
be appealed within 30 days of receipt as provided in Sec. 120.305.
(f) If there is an emergency or other circumstance that makes the
procedures in paragraphs (c), (d) and (e) of this section impractical,
the COTP may order the operator of a vessel subject to this part to
implement increased security measures immediately. The order will
incorporate a statement of the reasons for the emergency action. Orders
issued by the COTP may be appealed as provided in Sec. 160.7 of this
chapter.
Sec. 120.310 Survey: general.
(a) Each operator of a passenger vessel subject to this part shall
conduct an initial, comprehensive ship security survey before preparing
the plan required by Sec. 120.300.
(b) The operator shall update the survey at least every two years
and whenever there is a--
(1) Notification from the Commandant or the COTP of an increased
threat to the ports and waterways visited; or
(2) New port added to the itinerary of the vessel.
(c) The operator shall update the survey and notify the Commandant
within 10 days of a--
(1) Change in the description of the vessel required by
Sec. 120.320(g); or
(2) Change in the owner, operator, or master of the vessel or in
the operator's representative.
(d) The survey must address potential threats against the vessel or
persons aboard it, while it is under way, anchored, or moored and must
consider the vulnerability of the vessel to those threats at each
terminal, anchorage, and waterway used.
(e) The operator shall ensure that distribution, disclosure, and
availability of information contained in the survey is confined to
those persons with an operational need to know. These persons include
the operator, the master, the ship security officer, the terminal
security officer, and appropriate law enforcement officials. When not
under supervision, copies of the survey under the control of the
operator must be kept in a locked safe or other secure container, to
prevent disclosure to unauthorized persons.
Sec. 120.320 Survey: contents.
The survey required by Sec. 120.310 must include--
(a) The date of the survey;
(b) The date of the last such survey;
(c) The name and call sign of the passenger vessel;
(d) The names of the owner, operator, and master of the vessel;
(e) The name, business address, and telephone number of the
operator's representative in each U.S. port visited;
(f) The flag of registry of the vessel;
(g) A description of the vessel that includes--
(1) The length overall;
(2) The draft forward and aft under full load;
(3) The gross tonnage;
(4) The year built;
(5) The number of passenger berths aboard;
(6) A schematic showing the general layout of the vessel;
(7) A schematic showing the place and purpose of each actual and
potential point of access, including each door, hatch, and passageway;
(8) A schematic or list indicating the kind, place, area of
illumination, and intensity of all security lighting;
(9) A schematic or list indicating the location of each restricted
area designated under Sec. 120.210 and each means of securing it;
(10) A description of each intrusion detection system installed;
(11) A schematic or list indicating the kind and place of emergency
and standby equipment for maintenance of essential services aboard the
vessel;
(12) The open deck arrangement including the height of the deck
above the water;
(13) Waterline profile photographs of both port and starboard sides
of the vessel;
(14) An aerial photograph of the vessel;
(15) A list of all firearms carried aboard the vessel, other than
those in secure baggage, indicating the persons to whom they are issued
or the locations in which they are stored; and
(16) A list of the types of ammunition and pyrotechnics carried
aboard the vessel indicating the locations in which they are stored;
(h) An account of the normal manning of the vessel that includes--
(1) The number of officers assigned; and
(2) The number of members of the crew assigned;
(i) A list of each SSOP in effect;
(j) Security equipment in use, including that for inspection,
control, monitoring, firefighting, lifesaving, and communication;
alarms; lighting; and intrusion detection systems;
(k) Information on current threats of unlawful acts provided to the
vessel by the Commandant or COTP for each terminal, port area,
anchorage, and waterway used;
(l) An assessment of the vulnerability of the vessel to each threat
identified in paragraph (k) of this section;
(m) A list of the measures and procedures in the ship security plan
to counter each threat identified in paragraph (k) of this section; and
(n) A description of the ability of the screening points of the
vessel to detect prohibited weapons, incendiaries, and explosives on
persons, or in personal articles, baggage, cargo, and stores.
Sec. 120.330 Bill.
(a) Each operator of a vessel to which this part applies shall
develop a ship security bill.
(b) The bill must set forth--
(1) The name of each member of the crew assigned a duty relative to
security;
(2) Each duty relative to security assigned; and
(3) The station at which each duty will be performed.
(c) A copy of the bill must be available to the deck watch officer
on the navigational bridge and provided to each member of the crew
assigned a security related duty.
(d) The bill must constitute part of the plan required by
Sec. 120.300 and must be reviewed and, if necessary, updated each time
the survey is updated under Sec. 120.310 (b) and (c).
Sec. 120.340 Security standard operating procedures.
(a) Each operator of a vessel to which this part applies shall
develop security standard operating procedures (SSOPs) that detail the
number and duties of all members of the crew required for each activity
relative to security aboard ship. Each SSOP must be reviewed and, if
necessary, updated each time the survey is updated under Sec. 120.310
(b) and (c).
(b) The operator shall determine the number and duties of members
of the crew required for normal operations and for an increased level
of security, based on information in the survey and on the advice of
the master and the ship security officer.
(c) Each SSOP must differentiate as far as it can between actions
appropriate for routine situations, increased security levels, and
emergency situations.
(d) Unless otherwise directed by the Commandant, the operator shall
develop an SSOP for--
(1) Watches and patrols conducted while the vessel is under way,
anchored, or moored;
(2) Tracking the arrival and departure of vendors, repair
personnel, dock workers, and visitors boarding the vessel;
(3) Inspection, control, and monitoring of persons, personal
articles, and baggage coming onto the vessel;
(4) Inspection, control, and monitoring of cargo, stores, and
stowed baggage accessible only to members of the crew designated by the
operator;
(5) Communications for emergency and routine situations;
(6) Response to suspicious packages, baggage, or cargo identified
while the vessel is under way, anchored, or moored;
(7) Response to prohibited weapons found or suspected;
(8) Security during response to fire or explosion aboard the vessel
or on a terminal to which the vessel is moored;
(9) Response to an incendiary or explosive found or suspected
aboard the vessel;
(10) Response to unauthorized armed persons detected aboard the
vessel;
(11) Response to a breach of security or to suspicious activity
aboard, or near, the vessel;
(12) Procedure for reporting a breach of security or a suspicious
activity;
(13) Response to alarms;
(14) Security while rendering assistance at sea;
(15) Use of security equipment, including any intrusion detection
or surveillance system installed aboard the vessel;
(16) Issuance of, use of, and accountability for identification
cards; and
(17) Issuance of, use of, and accountability for keys.
(e) An SSOP must address watches when the vessel is--
(1) Underway, for:
(i) Each deck.
(ii) The uppermost deck, fore and aft.
(iii) The communications center.
(iv) The navigational bridge.
(v) The engine room;
(2) At anchor or moored, for:
(i) Each point of access.
(ii) Each deck topside.
(iii) The communications center.
(iv) The navigational bridge; and
(3) Receiving or discharging passengers or stores, for:
(i) Each point of access.
(ii) Each stowage area.
(iii) The main deck (roving patrol).
(iv) The communications center.
(v) The navigational bridge.
(f) The SSOP respecting issuance of, use of, and accountability for
keys must include--
(1) A record of each person issued a key to a restricted area;
(2) An inventory of keys to restricted areas that are not issued to
members of the crew;
(3) Designation of a secure container for storing keys to
restricted areas that are not issued to members of the crew; and
(4) Steps to take if a key to a restricted area is lost or missing.
Sec. 120.350 Identification.
(a) Each operator of a vessel to which this part applies shall
establish a system of identification and control of personnel for the
vessel that--
(1) Designates, in writing, each category of persons authorized to
be aboard the vessel and each person authorized to be in a restricted
area;
(2) Allows access only to persons designated in accordance with
paragraph (a)(1) of this section; and
(3) Establishes procedures meeting the requirements in paragraphs
(b), (c) and (d) of this section for identifying each person authorized
access to the vessel or to a restricted area aboard the vessel.
(b) Each operator of a vessel to which this part applies shall
issue an identification card to each member of the crew and other
employee. The ship security officer shall maintain a record of each
identification card issued and of each blank one aboard, by number.
Unissued identification cards must be kept in a locked safe or other
secure container accessible only to the master, the ship security
officer, and other designated employees. The identification card must--
(1) Be made of durable material that can be imprinted with
appropriate identifying information;
(2) Include a color photograph, approximately 3 centimeters (1\1/4\
in) by 3.6 centimeters (1\1/2\ in);
(3) Be laminated on both sides, with a clear plastic material that
resists aging, discoloration, and separation; and
(4) Contain the following:
(i) Cardholder's name.
(ii) Cardholder's date of birth.
(iii) Cardholder's height.
(iv) Cardholder's weight.
(v) Color of cardholder's hair.
(vi) Color of cardholder's eyes.
(vii) A unique number.
(viii) Name of the vessel, cruise line, or company that employs
cardholder.
(ix) An expiration date, not later than two years after the date of
issue.
(c) The operator shall provide for each contractor, vendor, and
other visitor a temporary identification card that--
(1) Contains a unique number;
(2) Is issued upon cardholder's boarding the vessel and retrieved
upon cardholder's leaving the vessel;
(3) Is signed for by the cardholder or, for children, a responsible
adult, indicating their reason for boarding the vessel; and
(4) Is strictly accounted for, by number.
(d) Each operator shall establish a procedure for identifying each
passenger each time the passenger boards the vessel. The procedure must
require an identification document containing a photograph of the
holder to identify each passenger over the age of 10 and shall compare
the name of the person so identified against the official passenger
list of the vessel. The identification document may be one provided by
the passenger such as a driver's license, passport, or armed forces
identification card, or one provided by the operator. The operator
shall issue an identification document containing a photograph of the
holder to any passenger over the age of 10 not possessing such a
document. Passengers presenting an identification document containing a
photograph of the holder issued by the operator that is unique to the
voyage need not be verified against the official passenger list of the
vessel.
Sec. 120.360 Screening.
(a) Each personal article and each piece of baggage brought aboard
a vessel to which this part applies and not stored in a restricted area
must undergo a thorough check. The check may take the form of a manual
search, an electronic screening, or equivalent means acceptable to the
Commandant.
(b) Each person boarding the vessel shall undergo a metal detector
check.
(c) The checks required by paragraphs (a) and (b) of this section
apply to each boarding of the vessel.
(d) When in a port or place subject to the jurisdiction of the
United States, only the following persons may board the vessel until
the U.S. Customs Service (``Customs'') declares the vessel ``cleared'':
(1) Officials of Customs.
(2) Officials of the Coast Guard.
(3) Officials of the U.S. Immigration and Naturalization Service.
(4) Officials of the U.S. Department of Agriculture.
(5) Officials of the U.S. Public Health Service.
(6) Port Authority Police.
(7) The shoreside representative of the passenger vessel,
designated by the operator of the vessel.
(8) Repair and maintenance personnel cleared by Customs.
(9) Other persons cleared by Customs.
(e) When in a port or place subject to the jurisdiction of the
United States, only the following persons may leave the vessel until
Customs declares the vessel ``cleared'':
(1) The pilot.
(2) Members of the crew involved in docking.
(3) Members of the crew cleared by Customs for early departure.
(4) Passengers cleared by Customs for early departure.
(f) One or more guards shall watch each gangway whenever it is
accessible.
(g) A written notice, legible in the assembly area shoreside of the
screening station, must be posted to advise persons boarding the vessel
that security checks are being conducted. The notice must be written in
English except that, where a language other than English is widespread,
it must be written in both English and the other language.
(h) No persons refusing to submit to a security check at a point of
access may enter the vessel. Each person denied entry for refusing to
submit to a security check shall, if possible, be identified and
reported to appropriate authorities.
(i) Before being placed aboard the vessel--
(1) All cargo and stores, and all baggage destined for a restricted
area, must undergo a brief inspection; and
(2) A percentage of the cargo, stores, and baggage, specified by
the Commandant, shall be selected at random and thoroughly checked by
manual search, electronic screening, or equivalent means acceptable to
the Commandant.
(j) Each piece of baggage must be marked, labeled, tagged, or
otherwise identified as belonging to a particular passenger and must be
compared against the official passenger list of the vessel. No
unidentified baggage may go aboard. Baggage identified as belonging to
a passenger that does not sail with the vessel must be turned over to
the vessel security officer for disposition.
(k) All cargo and stores, and all baggage destined for a restricted
area, must remain under supervision after inspection or thorough check
until stowed.
(l) No stores may be accepted aboard the vessel unless accompanied
by a clearly itemized manifest that accurately sets forth the kinds and
amounts of stores delivered.
Sec. 120.370 Communications.
(a) The operator of each vessel subject to this part shall ensure
that security personnel have a means of continuous communications, such
as radio, telephone, or intercom, that enables them to communicate with
the ship security officer, the navigational bridge, the communications
center, or security personnel shoreside from their duty stations.
(b) Roving patrols shall be equipped with radios, cellular
telephones, or other portable means of communications.
(c) Communications shall be established with each passenger
terminal at which the vessel docks, immediately after mooring.
(d) A distress signal peculiar to security, indicating a security
alert, must be established that is--
(1) Part of the SSOP for communications;
(2) Known by each member of the crew; and
(3) Changed from time to time, but not less often than once every
three months.
(e) The SSOP for communications must specify the kind of
communications to use for responding to a breach of security, an
unlawful act, or other emergency.
Sec. 120.380 Prohibition against carriage of weapons.
(a) Except as provided below, no person may, while aboard a vessel
subject to this part in waters subject to the jurisdiction of the
United States as defined in Sec. 2.05-30 of this chapter, carry on or
about his or her person a deadly weapon, an incendiary containing more
than one half kilogram (1.1 lb) of flammable material, or an explosive,
whether concealed or unconcealed. This paragraph does not apply to
weapons carried by--
(1) Government officials on official business who are authorized by
their government to carry those weapons; or
(2) Members of the crew or other persons who are authorized by the
operator of the vessel to carry those weapons.
(b) No person may introduce, onto any vessel subject to this part
or into any baggage, cargo, or stores destined for a vessel subject to
this part, a deadly weapon, an incendiary containing more than one half
kilogram (1.1 lb) of flammable material, or an explosive, unless--
(1) The baggage, cargo, or stores are deposited with the operator
of the vessel;
(2) Before depositing the baggage, cargo, or stores, the passenger,
shipper, or vendor has notified the operator that the weapon,
incendiary, or explosive is in the baggage, cargo, or stores; and
(3) The baggage, cargo, or stores are carried in a restricted area
aboard the vessel inaccessible to passengers.
Subpart D--Equipment
Sec. 120.410 Lighting.
(a) While it is under way, anchored, or moored, each vessel subject
to this part must have its deck and hull illuminated during darkness
and restricted visibility. While the vessel is moored, the illumination
must consist of a 360 degree zone of glare projected light extending
beyond the hull for at least 60 meters (200 ft).
(b) All external lighting must be located or shielded so that it
will not interfere with safe navigation and complies with the rules of
the road in Subchapters D and E of this chapter.
(c) On deck, controlled lighting must be operable from both the
navigational bridge and the engine room, independently, and be
connected to a separate electrical circuit from the glare projected
exterior lighting.
Sec. 120.420 Alarms.
(a) Each intrusion detection system required by Sec. 120.210(e)
must activate an alarm when it detects an intrusion. The alarm must
sound where the detector is and on the navigational bridge.
(b) Alarms may also be used for other security purposes, such as
alerting security personnel or other members of the crew to breaches of
security or other unlawful acts.
Sec. 120.430 Screening.
The screening systems for persons, personal articles, baggage,
cargo, and stores must be capable of detecting prohibited weapons,
incendiaries, and explosives in accordance with the ship security plan.
X-ray systems must be designed and used in accordance with ASTM F-792-
82.
Sec. 120.440 Maintenance.
(a) The operator of each vessel subject to this part shall ensure
that security equipment is checked and maintained in good working
condition, as required by this section.
(b) Communications equipment must be checked on each watch.
(c) Doors, locks, alarms, and intrusion detection systems must be
checked each day.
(d) Interior and exterior security lighting must be checked for
proper operation when activated each night.
(e) All security equipment not used each day must be checked each
week.
(f) Any defective or missing security equipment must be reported
immediately to the master, the ship security officer, or the deck watch
officer of the passenger vessel.
Sec. 120.450 Records.
Each operator of a vessel to which this part applies shall keep a
record of each check required under Sec. 120.440 and shall retain each
record for at least 30 days after the date of the check.
PART 128--PASSENGER TERMINAL SECURITY
Subpart A--General
Sec.
128.100 Applicability.
128.110 Definitions.
128.120 Incorporation by reference.
128.130 Alternatives.
Subpart B--Security Program
128.200 General.
128.210 Restricted areas.
128.220 Terminal security officer.
128.230 Training.
128.240 Coordination with vessel security.
128.250 Reporting of unlawful acts and related activities.
Subpart C--Terminal Security Plan and Procedures
128.300 Plan: general.
128.305 Plan: letter of adequacy.
128.307 Plan: amendment.
128.310 Survey: general.
128.320 Survey: contents.
128.330 Bill.
128.340 Security standard operating procedures.
128.350 Identification.
128.360 Screening.
128.370 Communications.
Subpart D--Equipment
128.410 Lighting.
128.420 Alarms.
128.430 Screening.
128.435 Barriers.
128.440 Maintenance.
128.450 Records.
Authority: 33 U.S.C. 1231; 49 CFR 1.46.
Subpart A--General
Sec. 128.100 Applicability.
This part applies to all passenger terminals used for the
assembling, processing, embarking, or disembarking of passengers or
baggage for passenger vessels over 100 gross tons making a voyage on
the high seas lasting 24 hours or more and carrying more than 12
passengers for hire.
Sec. 128.110 Definitions.
The definitions in Part 120 of this chapter apply to this part.
Sec. 128.120 Incorporation by reference.
(a) Certain material is incorporated by reference into this part
with the approval of the Director of the Federal Register in accordance
with 5 U.S.C. 552(a) and 1 CFR Part 51. To enforce any edition other
than that specified in paragraph (b) of this section, the Coast Guard
must publish notice of change in the Federal Register and make the
material available to the public. All approved material is on file at
the Office of the Federal Register, 1100 L Street NW., Washington, DC,
and at the U.S. Coast Guard, (G-MPS), 2100 Second Street SW.,
Washington, DC 20593-0001 and is available from the sources indicated
in paragraph (b) of this section.
(b) The materials approved for incorporation by reference in this
part and the sections affected are:
American Society for Testing and Materials (ASTM)
1916 Race Street, Philadelphia, PA 19103
ASTM F-792-82, Design and Use of Ionizing Radiation Equipment for
the Detection of Items Prohibited in Controlled Access Areas, 1982--
128.430
Sec. 128.130 Alternatives.
(a) The Captain of the Port (COTP) may consider and approve
alternative procedures or standards for an operator of a passenger
terminal to use instead of any procedure or standard required by this
part if--
(1) Compliance with the one required is economically or physically
impracticable;
(2) The alternative provides an equivalent level of security; and
(3) The operator submits a written request for the alternative,
which contains sufficient information to establish, to the satisfaction
of the COTP, that the alternative provides an equivalent level of
security.
(b) The COTP will approve or disapprove the request, in writing,
within 30 days of receipt of the written request.
Subpart B--Security Program
Sec. 128.200 General.
(a) Each operator of a passenger terminal shall implement for the
terminal a security program that--
(1) Provides for the safety of persons and property in the terminal
and aboard each passenger vessel subject to Part 120 of this chapter
moored at the terminal, against acts of criminal violence and piracy;
(2) Prevents or deters the carriage aboard any such vessel moored
at the terminal of any prohibited weapon, incendiary, or explosive on
or about any person or within his or her personal articles or baggage,
or 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) Takes into account both the current assessment of the likely
threat of an unlawful act against the terminal, the vessel, or persons
on the terminal or vessel, and the existing local circumstances;
(5) Designates, by name, a terminal security officer for the
terminal;
(6) Provides for the evaluation of all security personnel of the
terminal, before hiring, to determine suitability for employment;
(7) Provides for coordination with vessel security while any
passenger vessel subject to Part 120 of this chapter is moored at the
terminal; and
(8) Includes the plans, procedures, and equipment required by
Subparts B and C of this part.
(b) Each operator of a passenger terminal shall, where practicable,
work with the operator of each passenger vessel subject to Part 120 of
this chapter to provide for the security of passengers, the terminal,
and the vessel. The terminal, however, need not duplicate any
provisions of this part fulfilled by the vessel.
Sec. 128.210 Restricted areas.
(a) Each operator of a passenger terminal shall designate all
points of access to the boarding area for passenger vessels subject to
Part 120 of this chapter and the following areas of the terminal
``restricted areas'':
(1) The boarding area for passengers adjacent to where such vessels
moor, inside the security barriers and screening points.
(2) Areas for the handling and storage of baggage and cargo.
(3) Areas used to store weapons.
(4) Control rooms for security alarms and monitoring devices.
(5) Other areas, determined by the operator, to which access must
be restricted to maintain the security of the terminal and passenger
vessels moored at the terminal.
(b) Each restricted area must be appropriately secured, with access
limited to authorized personnel.
(c) Each restricted area must be distinctly marked with a placard,
mounted at eye level, that is at least 20 centimeters (8 in) high by 30
centimeters (12 in) wide with the words ``RESTRICTED AREA--AUTHORIZED
PERSONNEL ONLY'' in red letters, at least 5 centimeters (2 in) high, on
a white background.
(d) Each restricted area, other than the boarding area for
passengers, must be equipped with an intrusion detection system that
activates an audible alarm in accordance with Sec. 128.420(a).
(e) Each restricted area and its intrusion detection system must be
designated in the plan required by Sec. 128.300.
Sec. 128.20 Terminal security officer.
(a) Each operator of a passenger terminal shall designate a
terminal security officer for the terminal.
(b) This officer shall be responsible for--
(1) Conducting, amending, and updating the survey required by
Sec. 128.310;
(2) Evaluating security personnel of the terminal for suitability
before employment;
(3) Instituting, monitoring, and recording training for employees
of the terminal relative to security;
(4) Conducting regular inspections of the terminal;
(5) Proposing modifications to the plan required by Sec. 128.300 to
correct its deficiencies and satisfy the security requirements of the
terminal;
(6) Encouraging vigilance, as well as general awareness of
security, at the terminal;
(7) Reporting all occurrences or suspected occurrences of unlawful
acts and related activities in accordance with Sec. 128.250; and
(8) Coordinating implementation of the plan required by
Sec. 128.300 with the ship security officer of each vessel that embarks
or disembarks passengers at the terminal.
Sec. 128.230 Training.
(a) Training for security at each passenger terminal is the
responsibility of the operator and the terminal security officer of the
terminal.
(b) This training must be provided to all security personnel of the
terminal and must emphasize measures to take when advised by the COTP
of an increased threat to the passenger terminal, a passenger vessel
subject to Part 120 of this chapter moored at the terminal, or persons
on the vessel or terminal.
(c) Subjects for training must include, but need not be limited
to--
(1) Communications;
(2) Control of access;
(3) Patrol;
(4) Response to emergencies;
(5) Reporting;
(6) Characteristics and behavior of persons who may commit unlawful
acts;
(7) Review of security standard operating procedures (SSOPs) for
the terminal; and
(8) Support from the vessel relative to security;
(d) A record of the date and kind of training for security at the
terminal provided to each employee of the terminal receiving training
must stay at the terminal for the duration of the employee's employment
plus six months. The operator shall make all such records available to
the COTP upon request.
Sec. 128.240 Coordination with vessel security.
(a) Before a passenger vessel subject to Part 120 of this chapter
embarks or disembarks passengers at a passenger terminal, the operator
of the terminal shall, where practicable, work with the operator of the
vessel, to provide security for the passengers and the terminal. The
operator of the terminal need not duplicate any provisions of this part
fulfilled by the operator of the vessel.
(b) The operator of the terminal shall--
(1) Agree as far as possible, in writing, with the operator of the
vessel which responsibilities of the vessel will fulfill and which the
terminal will;
(2) Establish communications with the vessel immediately after
mooring;
(3) Obtain from the vessel a list of passengers and a list of all
scheduled deliveries and services to the vessel; and
(4) Obtain a copy of the ship security plan.
Sec. 128.250 Reporting of unlawful acts and related activities.
(a) Any security personnel of the terminal having knowledge of an
unlawful act, a suspicious activity, a breach of security, or a threat
against the passenger terminal or against a passenger vessel subject to
Part 120 of this chapter destined for or moored at the terminal, shall
notify the operator or the terminal security officer of the terminal,
or another representative of the terminal operator. If none of these
can be notified, the person shall notify the COTP.
(b) The operator of the terminal or the operator's representative
shall report each unlawful act, breach of security, 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 persons
on 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.
(c) Each report of such an activity must include, as applicable--
(1) The terminal's name;
(2) The terminal's address;
(3) The name of the terminal security officer;
(4) If any such vessel is moored at the terminal, the names of the
vessel and its master;
(5) An account of the incident;
(6) The date, time, and place of the incident;
(7) The number of alleged offenders;
(8) The method used to introduce any prohibited weapon, incendiary,
or explosive into the terminal;
(9) A description of any weapon, incendiary, or explosive involved;
(10) A description of how any weapon, incendiary, or explosive
involved was concealed and used;
(11) A description of how security was breached; and
(12) A statement of what measures have been taken or will be taken
to prevent another such incident.
(d) Use of the form ``Report on an Unlawful Act'', contained in the
``Measures to Prevent Unlawful Acts Against Passengers and Crews on
Board Ships'' published by the International Maritime Organization in
1986, is encouraged.
(e) Each report must stay on file with the plan required by
Sec. 128.300 for a period of two years. All reports shall be used by
the person preparing the next survey required by Sec. 128.310.
Subpart C--Terminal Security Plan and Procedures
Sec. 128.300 Plan.
(a) Each operator of a passenger terminal shall develop and
maintain, in writing, a terminal security plan that--
(1) Describes the program required by Sec. 128.200; and
(2) Includes the survey required by Sec. 128.310, the bill required
by Sec. 128.330, and the SSOPs required by Sec. 128.340.
(b) The operator shall amend the plan to address any known
deficiencies and satisfy the security requirements of the terminal each
time the survey is updated under Sec. 128.310(b); and
(c) The plan must provide for the security of passengers, of
members of crews of passenger vessels subject to Part 120 of this
chapter, and of employees of the terminal by establishing procedures
to--
(1) Deter unauthorized access to restricted areas on the terminal
or to any such vessel moored at the terminal;
(2) Deter the introduction of prohibited weapons, incendiaries, and
explosives into restricted areas in the terminal or onto any such
vessel moored at the terminal;
(3) Encourage vigilance, as well as general awareness of security,
at the terminal;
(4) Provide adequate training to employees of the terminal for
security at the terminal;
(5) Coordinate responsibilities for security with the operator of
each such vessel; and
(6) Provide information to employees of the terminal and law
enforcement personnel, in case of an incident affecting security.
Sec. 128.305 Plan: letter of adequacy.
(a) Each operator of a passenger terminal shall submit the terminal
security plan required by Sec. 128.300 to the COTP for review before
[Insert date 90 days after date of publication of the final rule in the
Federal Register], or at least 60 days before transferring passengers
to or from a vessel subject to part 120 of this chapter, whichever is
later.
(b) Within 30 days after receipt of a proposed terminal security
plan, the COTP will issue to the operator either a letter of adequacy
certifying that the terminal security plan adequately addresses the
requirements of this part or a notice of deficiencies in the plan
relative to the requirements of this part.
(c) Within 30 days after receipt of a notice of deficiencies, the
operator may either submit a modified terminal security plan or submit
an appeal of the notice of deficiencies to the Commandant via the COTP.
The COTP will forward the appeal, with an endorsement containing the
COTP's views and recommendations, to the Commandant. The Chief, Office
of Marine Safety, Security and Environmental Protection will review the
appeal. The decision of the Chief, Office of Marine Safety, Security
and Environmental Protection is a final agency action.
(d) The COTP may void the letter of adequacy if the operator--
(1) Amends the terminal security plan without following the
procedures in Sec. 120.307;
(2) Fails to amend the terminal security plan when required by the
COTP; or
(3) Fails to update the terminal security plan as required by
Sec. 120.300(d).
(e) No passenger terminal shall transfer passengers to or from a
passenger vessel subject to part 120 of this chapter after [Insert date
120 days after date of publication of the final rule in the Federal
Register] unless it has a valid letter of adequacy for its terminal
security plan or an appeal under paragraph (c) of this section is
pending.
Sec. 128.307 Plan: amendment.
(a) Amendments to update the terminal security plan may be
initiated by the operator of a passenger terminal or directed by the
COTP.
(b) If initiated by the operator of a passenger terminal, each
proposed amendment to the terminal security plan, including changes to
the enclosures required by Sec. 128.300(a), must be submitted to the
COTP for review at least 30 days before the proposed effective date,
unless a shorter period is allowed by the COTP.
(c) The COTP may direct the operator of a passenger terminal to
amend the terminal security plan if it is determined that
implementation of the plan is not providing effective security or there
is an increased threat affecting the terminal or a vessel subject to
part 120 of this chapter moored at the terminal. Except in an
emergency, a written notice of matters to be addressed will be issued
to the operator and the operator will be provided at least 60 days to
submit proposed amendments.
(d) Within 15 days after receipt of a proposed amendment, the COTP
will issue a letter to the operator either accepting the proposed
amendment or addressing why the proposed amendment does not adequately
meet the requirements of this part.
(e) A notice to amend a terminal security plan or a rejection of a
proposed amendment by the COTP may be appealed within 30 days of
receipt as provided in Sec. 128.305.
(f) If there is an emergency or other circumstance that makes the
procedures in paragraphs (c), (d) and (e) of this section impractical,
the COTP may order the operator of a passenger terminal to implement
increased security measures immediately. The order will incorporate a
statement of the reasons for the emergency action. Orders issued by the
COTP may be appealed as provided in Sec. 160.7 of this chapter.
Sec. 128.310 Survey: general.
(a) Each operator of a passenger terminal shall conduct an initial,
comprehensive terminal security survey before preparing the plan
required by Sec. 128.300.
(b) The operator shall update the survey at least every two years
and whenever there is a notification from the COTP of an increased
threat to the terminal or a passenger vessel subject to part 120 of
this chapter which moors at the terminal.
(c) The operator shall update the survey and notify the COTP within
10 days of a--
(1) Change in the description of the terminal required by
Sec. 128.320(e); or
(2) Change in the owner, operator, or terminal security officer of
the terminal or in the operator's representative.
(d) The survey must identify potential threats of unlawful acts
against the terminal, against a passenger vessel subject to Part 120 of
this chapter moored to the terminal, or against persons on the terminal
or vessel. The survey must also determine the vulnerability of the
terminal to those threats.
(e) The operator shall ensure that distribution, disclosure, and
availability of information contained in the survey is confined to
those persons with an operational need to know. These persons include
the operator, the terminal manager, the terminal security officer, the
ship security officer, and appropriate law enforcement officials. When
not under supervision, copies of the survey under the control of the
operator must be kept in a locked safe or other secure container, to
prevent disclosure to unauthorized persons.
Sec. 128.320 Survey: contents.
The terminal security required by Sec. 128.310 must include--
(a) The date of the survey;
(b) The date of the last such survey;
(c) The names of the owner and operator of the passenger terminal;
(d) The name, business address, and telephone number of the
terminal security officer;
(e) A description of the terminal that includes--
(1) A schematic showing the general layout of the terminal;
(2) A schematic showing the place and purpose of each actual and
potential point of access to the boarding area for passengers,
including each window, door, gate, manhole, storm drain, ditch, and
fence;
(3) A schematic or list indicating the kind, place, area of
illumination, and intensity of all security lighting;
(4) A schematic or list indicating the location of each restricted
area designated under Sec. 128.210 and each means of securing it;
(5) A schematic or list indicating the kind and place of emergency
and standby equipment for firefighting, lighting, communications, and
security; and
(6) A list of all firearms and ammunition on the terminal, other
than those in secure baggage, indicating the persons to whom they are
issued or the locations in which they are stored;
(f) An account of the normal staffing of the terminal that
includes--
(1) The number of security personnel employed; and
(2) The number of other employees normally at the terminal when a
vessel subject to part 120 of this chapter embarks or disembarks
passengers;
(g) A description of each vessel subject to Part 120 of this
chapter that embarks or disembarks passengers at the terminal which
includes the--
(1) Name and call sign;
(2) Flag of registry;
(3) Length overall;
(4) Draft forward and aft under full load;
(5) Gross tonnage; and
(6) Number of passenger berths aboard;
(h) A list of each SSOP in effect;
(i) Security equipment in use, including that for inspection,
control, monitoring, firefighting, and communication; alarms; lighting;
intrusion detection systems; and barriers;
(j) Information provided by the COTP on current threats to the
security of the terminal, a vessel subject to Part 120 of this chapter
moored at the terminal, or persons on the terminal or vessel;
(k) An assessment of the vulnerability of the terminal to each
threat identified in paragraph (j) of this section;
(l) A list of measures and procedures in the terminal security plan
to counter each threat identified in paragraph (j) of this section; and
(m) A description of the ability of the screening points of the
terminal to detect prohibited weapons, incendiaries, and explosives on
persons, or in personal articles, baggage, cargo, and stores.
Sec. 128.330 Bill.
(a) Each operator of a passenger terminal shall develop a terminal
security bill.
(b) The bill must set forth--
(1) The name and job title of each employee of the terminal
assigned a duty relative to security;
(2) Each duty relative to security assigned; and
(3) The station at which each duty will be performed.
(c) A copy of the bill must be available to the terminal security
officer and provided to each employee assigned a security related duty.
(d) The bill must constitute part of the plan required by
Sec. 128.300 and must be reviewed and, if necessary, updated each time
the survey is updated under Sec. 128.310 (b) and (c).
Sec. 128.340 Security standard operating procedures.
(a) Each operator of a passenger terminal shall develop security
standard operating procedures (SSOPs) that detail the number and duties
of all employees of the terminal required for each activity relative to
security on the terminal. Each SSOP must be reviewed and, if necessary,
updated each time the survey is updated under Sec. 128.310 (b) and (c).
(b) The operator shall determine the number and duties of employees
of the terminal required for normal operations and for an increased
level of security, based on information in the survey and on the advice
of the terminal security officer.
(c) Each SSOP must differentiate as far as it can between actions
appropriate for routine situations, increased security levels, and
emergency situations.
(d) Unless otherwise directed by the COTP, the operator shall
develop an SSOP for--
(1) Watches and patrols conducted while a passenger vessel subject
to Part 120 of this chapter is moored at the terminal and while one is
not;
(2) Tracking the entry and exit of vendors, repair personnel, dock
workers, and visitors entering the boarding area for passenger vessels
subject to Part 120 of this chapter;
(3) Inspection, control, and monitoring of persons, personal
articles, and baggage destined for a passenger vessel subject to Part
120 of this chapter moored at the terminal;
(4) Inspection, control, and monitoring of cargo, stores, and
stowed baggage destined for a passenger vessel subject to Part 120 of
this chapter moored at the terminal;
(5) Communications for emergency and routine situations;
(6) Response to suspicious packages, baggage, or cargo;
(7) Response to prohibited weapons found or suspected;
(8) Response to fire or explosion on the terminal or aboard a
passenger vessel subject to Part 120 of this chapter moored to it;
(9) Response to an incendiary or explosive found or suspected;
(10) Response to an unauthorized armed person detected on the
terminal;
(11) Response to a breach of security or to suspicious activity on,
or near, the terminal;
(12) Procedure for reporting a breach of security or a suspicious
activity;
(13) Response to alarms;
(14) Use of security equipment, including any intrusion detection
or surveillance systems installed on the terminal;
(15) Issuance of, use of, and accountability for identification
cards; and
(16) Issuance of, use of, and accountability for keys.
(e) An SSOP must address watches when--
(1) Passengers or baggage are being assembled, processed, embarked,
or disembarked at the terminal, for:
(i) Each boarding area and each point of access to a restricted
area.
(ii) Each screening point for passengers, baggage, cargo, or
stores.
(iii) The communications center.
(iv) Control rooms where security alarms and monitoring-devices are
monitored; and
(2) No passengers or baggage are being assembled, processed,
embarked, or disembarked at the terminal, for:
(i) Each point of access to a restricted area.
(ii) The communications center.
(iii) Control rooms where security alarms and monitoring devices
are monitored.
(f) The SSOP respecting issuance of, use of, and accountability for
keys must include--
(1) A record of each person issued a key to a restricted area;
(2) An inventory of keys to restricted areas that are not issued to
employees;
(3) Designation of a secure container for storing keys to
restricted areas that are not issued to employees; and
(4) Steps to take if a key to a restricted area is lost or missing.
Sec. 128.350 Identification.
(a) Each operator of a passenger terminal shall establish a system
of identification and control of personnel for the terminal that--
(1) Designates, in writing, each category of persons with a valid
need to be in the boarding area for passengers and each person with a
valid need to be in other restricted areas on the terminal;
(2) Allows access only to persons designated in accordance with
paragraph (a)(1) of this section; and
(3) Establishes procedures meeting the requirements in paragraphs
(b), (c) and (d) of this section for identifying each person authorized
access to a restricted area in the terminal.
(b) Each operator of a passenger terminal shall issue an
identification card to each employee of the terminal. The terminal
security officer shall maintain a record of each identification card
issued and of each blank one at the terminal, by number. Unissued
identification cards must be kept in a locked safe or other secure
container accessible only to the manager of the terminal, the terminal
security officer, and other designated employees. The identification
card must--
(1) Be made of a durable material that can be imprinted with
appropriate identifying information;
(2) Include a color photograph, approximately 3 centimeters (1\1/4\
in) by 3.6 centimeters (1\1/2\ in);
(3) Be laminated on both sides, with a clear plastic material that
resists aging, discoloration, and separation; and
(4) Contain the following:
(i) Cardholder's name.
(ii) Cardholder's date of birth.
(iii) Cardholder's height.
(iv) Cardholder's weight.
(v) Color of cardholder's hair.
(vi) Color of cardholder's eyes.
(vii) A unique number.
(viii) Name of the terminal or company that employs cardholder.
(ix) An expiration date, not later than two years after the date of
issue.
(c) The operator shall provide for each contractor, vendor, and
other visitor authorized access to a restricted area a temporary
identification card that--
(1) Contains a unique number;
(2) Is issued upon cardholder's arriving at the terminal and
retrieved upon cardholder's leaving the terminal; and
(3) Is signed for by the cardholder or, for children, a responsible
adult, indicating their reason for entering the restricted area; and
(4) Is strictly accounted for, by number.
(d) Each operator of a passenger terminal shall establish a
procedure for identifying each passenger each time the passenger enters
the boarding area. The procedure must require an identification
document containing a photograph of the holder to identify each
passenger over the age of 10 and shall compare the name of the person
so identified against the official passenger list of the vessel. The
identification document may be one provided by the passenger such as a
driver's license, passport, or armed forces identification card, or one
provided by the operator of the passenger vessel. Passengers presenting
an identification document containing a photograph of the holder issued
by the operator of the passenger vessel that is unique to the voyage
need not be verified against the official passenger list of the vessel.
Sec. 128.360 Screening.
(a) Each personal article and each piece of baggage brought into
the boarding area for passenger vessels subject to Part 120 of this
chapter must undergo a thorough check. The check may take the form of
manual search, electronic screening, or equivalent means acceptable to
the COTP.
(b) Each person entering the boarding area shall undergo a metal
detector check.
(c) The checks required by paragraphs (a) and (b) of this section
apply to each entry of the boarding area.
(d) One or more guards shall watch each screening point, whenever
it is accessible and passengers or baggage are being assembled,
processed, embarked, or disembarked at the terminal.
(e) A written notice, legible in the area shoreside of the
screening station, must be posted to advise persons entering the
boarding area that security checks are being conducted. The notice must
be written in English except that, where a language other than English
is widespread, it must be written in both English and the other
language.
(f) No person refusing to submit to a security check at a point of
access may enter the boarding area. Each person denied entry for
refusing to submit to a security check shall, if possible, be
identified and reported to appropriate authorities.
(g) Before being placed aboard a passenger vessel subject to Part
120 of this chapter--
(1) All cargo and stores, and all baggage destined for a restricted
area, must undergo a brief inspection; and
(2) A percentage of such cargo, stores, and baggage, specified by
the Commandant, shall be selected at random and thoroughly checked by
manual search, electronic screening, or equivalent means acceptable to
the COTP.
(h) Each piece of baggage must be marked, labeled, tagged, or
otherwise identified as belonging to a particular passenger and must be
compared against the official passenger list of the vessel. No
unidentified baggage may enter the boarding area.
(i) Baggage destined for a restricted area, cargo, and stores must
undergo inspection or thorough check immediately before delivery to the
vessel, unless they are stowed in a restricted area immediately after a
prior inspection or check and held there until delivery.
(j) Baggage, cargo, and stores must be delivered directly to the
vessel from a restricted area or inspection area.
(k) Suppliers of stores shall make deliveries to an area physically
separated from the boarding area. Each delivery must be compared
against a list of expected deliveries provided by the vessel and must
be accompanied by a clearly itemized manifest that accurately sets
forth the kinds and amount of stores delivered.
Sec. 128.370 Communications.
(a) The operator of each passenger terminal shall ensure that
security personnel of the terminal have a means of continuous
communications, such as radio, telephone, or intercom, that enables
them to communicate with the terminal security officer, the
communications center, or security personnel of the passenger vessel
from their duty stations.
(b) Roving patrols shall be equipped with radios, cellular
telephones, or other portable means of communication.
(c) Communications shall be established with each passenger vessel
subject to Part 120 of this chapter that docks at the terminal,
immediately after mooring.
(d) A distress signal peculiar to security, indicating a security
alert, must be established that is--
(1) Part of the SSOP for communications;
(2) Known by each employee of the terminal assigned security
duties; and
(3) Changed from time to time but not less often than once every
three months.
(e) The SSOP for communications must specify the kind of
communications to use for a breach of security, an unlawful act, or
other emergency.
Subpart D--Equipment
Sec. 128.410 Lighting.
(a) Each operator of a passenger terminal shall provide security
lighting between sunset and sunrise that--
(1) Illuminates each exterior door, gate, or other point of access
to the boarding area for passenger vessels subject to Part 120 of this
chapter; and
(2) Illuminates each fence, pier, wharf, or other area that could
be used to gain access to the boarding area.
(b) The lighting must provide a minimum average illumination on a
horizontal plane 1 meter (3 ft) above the walking surface that is at
least:
(1) Eleven lux (1 foot-candle) for each exterior door, gate, or
other exterior point of access to the boarding area.
(2) Five and one-half lux (0.5 foot candle) for each fence, pier,
wharf, or other place that could be used to gain access to the boarding
area.
(c) All external lighting must be located or shielded so that it
will not be confused with an aid to navigation and will not interfere
with safe navigation on the adjacent waterways.
Sec. 128.420 Alarms.
(a) Each intrusion detection system required by Sec. 128.210(e)
must activate an alarm when it detects an intrusion. The alarm must
sound where the detector is and at an attended central site.
(b) Alarms may also be used for other security purposes, such as by
alerting security personnel or other employees of the terminal to
breaches of security or unlawful acts.
Sec. 128.430 Screening.
The screening systems for persons, personal articles, baggage,
cargo, and stores must be capable of detecting prohibited weapons,
incendiaries, and explosives in accordance with the terminal security
plan. X-ray systems must be designed and used in accordance with ASTM
F-792-82.
Sec. 128.435 Barriers.
(a) The boundary between restricted areas and unrestricted areas
must be clearly defined by walls, fences, or other security barriers.
(b) Security barriers must be designed, located, and constructed
to--
(1) Delineate the area protected;
(2) Create a physical and psychological deterrent to persons
attempting unauthorized entry;
(3) Enable security personnel to detect intruders; and
(4) Have a minimum number of openings that provide readily
identifiable places for the controlled entry of persons and vehicles
into the restricted area.
(c) Openings in security barriers must be secured when not watched
by security personnel.
(d) Security fences and walls must be at least 2.5 meters (8 ft)
high, including top guards. Each security fence or wall must have a top
guard with barbed wire, razor ribbon, or similar material angled away
from the protected site and upward at about a 45-degree angle.
(e) Security barriers in or near roadways must be reinforced to
deter penetration by motor vehicles.
(f) Security barriers must be kept clear of trees, bushes, and
other obstructions for at least 6 meters (20 ft) on each side.
(g) Buildings and natural barriers such as water, ravines, or
escarpments may constitute part of the control boundary, but they must
be augmented by safeguards such as fences, walls, patrols,
surveillance, or intrusion detection systems, if necessary.
Sec. 128.440 Maintenance.
(a) Security equipment must be checked and maintained to keep it in
good working condition.
(b) Communications equipment must be checked on each watch.
(c) Doors, gates, locks, alarms, and intrusion detection systems
must be checked each day.
(d) Interior and exterior security lighting must be checked for
proper operation when activated each night.
(e) All security equipment not used each day must be checked each
week.
(f) Any defective or missing security equipment must be reported
immediately to the terminal security officer of the passenger terminal.
Sec. 128.450 Records.
Each operator of a passenger terminal shall keep a record of each
check required under Sec. 128.440 and shall retain each record for at
least 30 days after the date of the check.
Dated: March 9, 1994.
J.W. Kime,
Admiral, U.S. Coast Guard, Commandant.
[FR Doc. 94-6812 Filed 3-24-94; 8:45 am]
BILLING CODE 4910-14-M
