Security for Passenger Vessels and Passenger Terminals; Proposed Rule DEPARTMENT OF TRANSPORTATION

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