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| section_id ▼ | title_number | title_name | chapter | subchapter | part_number | part_name | subpart | subpart_name | section_number | section_heading | agency | authority | source_citation | amendment_citations | full_text |
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| 21:21:2.0.1.1.4.1.1.1 | 21 | Food and Drugs | I | B | 104 | PART 104—NUTRITIONAL QUALITY GUIDELINES FOR FOODS | A | Subpart A—General Provisions | § 104.5 General principles. | FDA | [42 FR 14327, Mar. 15, 1977, as amended at 63 FR 14818, Mar. 27, 1998; 81 FR 59131, Aug. 29, 2016] | (a) A nutritional quality guideline prescribes the minimum level or range of nutrient composition (nutritional quality) appropriate for a given class of food. (b) Labeling for a product which complies with all of the requirements of the nutritional quality guideline established for its class of food may state “This product provides nutrients in amounts appropriate for this class of food as determined by the U.S. Government,” except that the words “this product” are optional. This statement, if used, shall be printed on the principal display panel, and may also be printed on the information panel, in letters not larger than twice the size of the minimum type required for the declaration of net quantity of contents by § 101.7 of this chapter. Labeling of noncomplying products may not include any such statement or otherwise represent, suggest, or imply the product as being, in whole or in part, in compliance with a guideline. (c) A product bearing the statement provided for in paragraph (b) of this section, in addition to meeting the requirements of the applicable nutritional quality guideline, shall comply with the following requirements: (1) The label of the product shall bear the common or usual name of the food in accordance with the provisions of the guideline and §§ 101.3 and 102.5(a) of this chapter. (2) The label of the product shall bear nutrition labeling in accordance with §§ 101.2 and 101.9 of this chapter and all other labeling required by applicable sections of part 101 of this chapter. (d) No claim or statement may be made on the label or in labeling representing, suggesting, or implying any nutritional or other differences between a product to which nutrient addition has or has not been made in order to meet the guideline, except that a nutrient addition shall be declared in the ingredient statement. (e) Compliance with a nutrient level specified in a nutritional quality guideline shall be determined by the procedures and requirements established in § 101.9(g) of this chapter. (f) A product wi… | |||
| 21:21:2.0.1.1.4.2.1.1 | 21 | Food and Drugs | I | B | 104 | PART 104—NUTRITIONAL QUALITY GUIDELINES FOR FOODS | B | Subpart B—Fortification Policy | § 104.20 Statement of purpose. | FDA | [45 FR 6323, Jan. 25, 1980, as amended at 58 FR 2228, Jan. 6, 1993] | (a) The fundamental objective of this subpart is to establish a uniform set of principles that will serve as a model for the rational addition of nutrients to foods. The achievement and maintenance of a desirable level of nutritional quality in the nation's food supply is an important public health objective. The addition of nutrients to specific foods can be an effective way of maintaining and improving the overall nutritional quality of the food supply. However, random fortification of foods could result in over- or underfortification in consumer diets and create nutrient imbalances in the food supply. It could also result in deceptive or misleading claims for certain foods. The Food and Drug Administration does not encourage indiscriminate addition of nutrients to foods, nor does it consider it appropriate to fortify fresh produce; meat, poultry, or fish products; sugars; or snack foods such as candies and carbonated beverages. To preserve a balance of nutrients in the diet, manufacturers who elect to fortify foods are urged to utilize these principles when adding nutrients to food. It is reasonable to anticipate that the Reference Daily Intakes (RDI's) as delineated in § 101.9 of this chapter and in paragraph (d) of this section will be amended from time to time to list additional nutrients and/or to change the levels of specific RDI's as improved knowledge about human nutrient requirements and allowances develops. The policy set forth in this section is based on U.S. dietary practices and nutritional needs and may not be applicable in other countries. (b) A nutrient(s) listed in paragraph (d)(3) of this section may appropriately be added to a food to correct a dietary insufficiency recognized by the scientific community to exist and known to result in nutritional deficiency disease if: (1) Sufficient information is available to identify the nutritional problem and the affected population groups, and the food is suitable to act as a vehicle for the added nutrients. Manufacturers contemplating using this pri… | |||
| 21:21:2.0.1.1.4.3.1.1 | 21 | Food and Drugs | I | B | 104 | PART 104—NUTRITIONAL QUALITY GUIDELINES FOR FOODS | C | Subpart C—Specific Nutritional Quality Guidelines | § 104.47 Frozen “heat and serve” dinner. | FDA | [42 FR 14327, Mar. 5, 1977] | (a) A product, for which a common or usual name is established in § 102.26 of this chapter, in order to be eligible to bear the guideline statement set forth at § 104.5(b), shall contain at least the following three components: (1) One or more sources of protein derived from meat, poultry, fish, cheese, or eggs. (2) One or more vegetables or vegetable mixtures other than potatoes, rice, or cereal-based product. (3) Potatoes, rice, or cereal-based product (other than bread or rolls) or another vegetable or vegetable mixture. (b) The three or more components named in paragraph (a) of this section, including their sauces, gravies, breading, etc.: (1) Shall contribute not less than the minimum levels of nutrients prescribed in paragraph (d) of this section. (2) Shall be selected so that one or more of the listed protein sources of paragraph (a)(1) of this section, excluding their sauces, gravies, breading, etc., shall provide not less than 70 percent of the total protein supplied by the components named in paragraph (a) of this section. (c) If it is necessary to add any nutrient(s) in order to meet the minimum nutrient levels prescribed in paragraph (d) of this section, the addition of each such nutrient may not result in a total nutrient level exceeding 150 percent of the minimum level prescribed. Nutrients used for such addition shall be biologically available in the final product. (d) Minimum levels of nutrients for a frozen “heat and serve” dinner are as follows: (1) A frozen “heat and serve” dinner prepared from conventional food ingredients listed in paragraph (a) of this section will also contain folic acid, magnesium, iodine, calcium, and zinc. Minimum levels for these nutrients cannot be established at the present time but may be specified as additional data are obtained. (2) The minimum levels for pantothenic acid, vitamin B-6, and vitamin B-12 are tentative. Final levels will be established when sufficient data are available. Until final levels are established, a product containing less than the … | |||
| 28:28:2.0.1.1.43.1.31.1 | 28 | Judicial Administration | I | 104 | PART 104—SEPTEMBER 11TH VICTIM COMPENSATION FUND | A | Subpart A—General; Eligibility | § 104.1 Purpose. | DOJ | This part implements the provisions of the September 11th Victim Compensation Fund of 2001, Title IV of Public Law 107-42, 115 Stat. 230 (Air Transportation Safety and System Stabilization Act), as amended by the James Zadroga 9/11 Health and Compensation Act of 2010, Title II of Public Law 111-347, and as amended by the James Zadroga 9/11 Victim Compensation Fund Reauthorization Act, Division O, Title IV of Public Law 114-113 (the “Act”) to provide full compensation to eligible individuals who were physically injured (as defined herein) as a result of the terrorist-related aircraft crashes of September 11, 2001, or the rescue and recovery efforts during the immediate aftermath of such crashes or debris removal during the immediate aftermath of those crashes, and to the “personal representatives” of those who were killed as a result of the crashes or the rescue and recovery efforts during the immediate aftermath of such crashes or debris removal during the immediate aftermath of such crashes. All compensation provided through the Victim Compensation Fund will be on account of personal physical conditions, physical injuries or death. The provisions of these regulations that relate to filing and evaluation of claims, determination of eligibility, and determination of compensable loss shall apply to all claims that are defined as Group B claims in the Act and in these regulations. Eligibility and compensation for Group A claims has been determined prior to the effective date of these regulations, pursuant to the regulations previously in effect. | |||||
| 28:28:2.0.1.1.43.1.31.2 | 28 | Judicial Administration | I | 104 | PART 104—SEPTEMBER 11TH VICTIM COMPENSATION FUND | A | Subpart A—General; Eligibility | § 104.2 Eligibility definitions and requirements. | DOJ | (a) Categories of claims —(1) Group A claims. A claim is a Group A claim if the Special Master has transmitted a final award determination by sending a letter postmarked and transmitted on or before December 17, 2015 indicating the total amount of compensation to which the claimant is entitled for that claim, pursuant to the regulations and methodology in effect on December 17, 2015. (2) Group B claims. A claim is a Group B claim if it is not a Group A claim. An individual can have both Group A claims and Group B claims. (b) Eligible claimants. The term eligible claimants means: (1) Individuals present at a 9/11 crash site at the time of or in the immediate aftermath of the terrorist-related aircraft crashes and who suffered physical harm, as defined herein, as a direct result of the crashes or the rescue and recovery efforts or debris removal; (2) The Personal Representatives of deceased individuals aboard American Airlines flights 11 or 77 and United Airlines flights 93 or 175; and (3) The Personal Representatives of individuals who were present at a 9/11 crash site at the time of or in the immediate aftermath of the crashes and who died as a direct result of the terrorist-related aircraft crash or the rescue and recovery efforts during the immediate aftermath of such crashes or the debris removal during the immediate aftermath of such crashes. (4) The term eligible claimants does not include any individual or representative of an individual who is identified to have been a participant or conspirator in the terrorist-related crashes of September 11. (c) Immediate aftermath. The term immediate aftermath means any period beginning with the terrorist-related aircraft crashes of September 11, 2001, and ending on May 30, 2002. (d) Physical harm. The term physical harm shall mean: (1) A WTC-Related Physical Health Condition; or (2) A physical injury to the body resulting from the 9/11 attacks that was treated by a medical professional within a reasonable time from the date of discovering such har… | |||||
| 28:28:2.0.1.1.43.1.31.3 | 28 | Judicial Administration | I | 104 | PART 104—SEPTEMBER 11TH VICTIM COMPENSATION FUND | A | Subpart A—General; Eligibility | § 104.3 Other definitions. | DOJ | (a) Beneficiary. The term beneficiary shall mean a person to whom the Personal Representative shall distribute all or part of the award under § 104.52 of this part. (b) Dependents. The Special Master shall identify as dependents those persons so identified by the victim on his or her Federal tax return for the year prior to the year of the victim's death (or those persons who legally could have been identified by the victim on his or her Federal tax return for the year prior to the year of the victim's death) unless: (1) The claimant demonstrates that a minor child of the victim was born or adopted on or after January 1 of the year of the victim's death; (2) Another person became a dependent in accordance with then- applicable law on or after January 1 of the year of the victim's death; or (3) The victim was not required by law to file a Federal income tax return for the year prior to the year of the victim's death. (c) Spouse. The Special Master shall identify as the spouse of a victim the person reported as spouse on the victim's Federal tax return for the year prior to the year of the victim's death (or the person who legally could have been identified by the victim on his or her Federal tax return for the year prior to the year of the victim's death) unless: (1) The victim was married or divorced in accordance with applicable state law on or after January 1 of the year of the victim's death; or (2) The victim was not required by law to file a Federal income tax return for the year prior to the year of the victim's death. (3) The Special Master shall identify as the spouse of a victim any same-sex spouse who was lawfully married to the victim under applicable state law. (d) The Act. The Act, as used in this part, shall mean Public Law 107-42, 115 Stat. 230 (“Air Transportation Safety and System Stabilization Act”), 49 U.S.C. 40101 note, as amended by the James Zadroga 9/11 Health and Compensation Act of 2010, Title II of Public Law 111-347 and as further amended by the James Zadroga 9/11 Victi… | |||||
| 28:28:2.0.1.1.43.1.31.4 | 28 | Judicial Administration | I | 104 | PART 104—SEPTEMBER 11TH VICTIM COMPENSATION FUND | A | Subpart A—General; Eligibility | § 104.4 Personal Representative. | DOJ | (a) In general. The Personal Representative shall be: (1) An individual appointed by a court of competent jurisdiction as the Personal Representative of the decedent or as the executor or administrator of the decedent's will or estate. (2) In the event that no Personal Representative or executor or administrator has been appointed by any court of competent jurisdiction, and such issue is not the subject of pending litigation or other dispute, the Special Master may, in her discretion, determine that the Personal Representative for purposes of compensation by the Fund is the person named by the decedent in the decedent's will as the executor or administrator of the decedent's estate. In the event no will exists, the Special Master may, in her discretion, determine that the Personal Representative for purposes of compensation by the Fund is the first person in the line of succession established by the laws of the decedent's domicile governing intestacy. (b) Notice to beneficiaries. (1) Any purported Personal Representative must, before filing an Eligibility Form, provide written notice of the claim (including a designated portion of the Eligibility Form) to the immediate family of the decedent (including, but not limited to, the decedent's spouse, former spouses, children, other dependents, and parents), to the executor, administrator, and beneficiaries of the decedent's will, and to any other persons who may reasonably be expected to assert an interest in an award or to have a cause of action to recover damages relating to the wrongful death of the decedent. (2) Personal delivery or transmission by certified mail, return receipt requested, shall be deemed sufficient notice under this provision. The claim forms shall require that the purported Personal Representative certify that such notice (or other notice that the Special Master deems appropriate) has been given. In addition, as provided in § 104.21(b)(5) of this part, the Special Master may publish a list of individuals who have filed Eligibility Forms … | |||||
| 28:28:2.0.1.1.43.1.31.5 | 28 | Judicial Administration | I | 104 | PART 104—SEPTEMBER 11TH VICTIM COMPENSATION FUND | A | Subpart A—General; Eligibility | § 104.5 Foreign claims. | DOJ | In the case of claims brought by or on behalf of foreign citizens, the Special Master may alter the requirements for documentation set forth herein to the extent such materials are unavailable to such foreign claimants. | |||||
| 28:28:2.0.1.1.43.1.31.6 | 28 | Judicial Administration | I | 104 | PART 104—SEPTEMBER 11TH VICTIM COMPENSATION FUND | A | Subpart A—General; Eligibility | § 104.6 Amendments to this part. | DOJ | All claims will be processed in accordance with the current provisions of this part. | |||||
| 28:28:2.0.1.1.43.2.31.1 | 28 | Judicial Administration | I | 104 | PART 104—SEPTEMBER 11TH VICTIM COMPENSATION FUND | B | Subpart B—Filing for Compensation | § 104.21 Presumptively covered conditions. | DOJ | [81 FR 38941, June 15, 2016, as amended at 81 FR 60620, Sept. 2, 2016] | (a) In general. The Special Master shall maintain and publish on the Fund's Web site a list of presumptively covered conditions that resulted from the terrorist-related air crashes of September 11, 2001, or rescue and recovery or debris removal efforts during the immediate aftermath of such crashes. The list shall consist of the WTC-Related Physical Health Conditions that resulted from the terrorist-related air crashes of September 11, 2001 or rescue and recovery or debris removal efforts during the immediate aftermath of such crashes. Group B claims shall be eligible for compensation only if the Special Master determines based on the evidence presented that a claimant who seeks compensation for physical harm has at least one WTC-Related Physical Health Condition, or, with respect to a deceased individual, the cause of such individual's death is determined at least in part to be attributable to a WTC-Related Physical Health Condition. (b) Updates. The Special Master shall update the list of presumptively covered conditions to conform to any changes in the WTC-Related Physical Health Conditions. Claims may then be amended pursuant to § 104.22(e)(ii). (c) Conditions other than presumptively covered conditions. A claimant may also be eligible for payment under § 104.51 where the claimant has at least one WTC-Related Physical Health Condition and the Special Master determines that the claimant— (1) Has a physical injury to the body that resulted from the terrorist-related air crashes of September 11, 2001 or rescue and recovery or debris removal efforts during the immediate aftermath of such crashes or presents extraordinary circumstances; and (2) Is otherwise eligible for payment. | ||||
| 28:28:2.0.1.1.43.2.31.2 | 28 | Judicial Administration | I | 104 | PART 104—SEPTEMBER 11TH VICTIM COMPENSATION FUND | B | Subpart B—Filing for Compensation | § 104.22 Filing for compensation. | DOJ | (a) Compensation form; “filing.” A compensation claim shall be deemed “filed” for purposes of section 405(b)(3) of the Act (providing that the Special Master shall issue a determination regarding the matters that were the subject of the claim not later than 120 calendar days after the date on which a claim is filed), and for any time periods in this part, when it is substantially complete. (b) Eligibility Form. The Special Master shall develop an Eligibility Form, which may be a portion of a complete claim form, that will require the claimant to provide information necessary for determining the claimant's eligibility to recover from the Fund. (1) The Eligibility Form may require that the claimant certify that he or she has dismissed any pending lawsuit seeking damages as a result of the terrorist-related airplane crashes of September 11, 2001, or for damages arising from or related to debris removal (except for actions seeking collateral source benefits) no later than January 2, 2011 and that there is no pending lawsuit brought by a dependent, spouse, or beneficiary of the victim. (2) The Special Master may require as part of the notice requirement pursuant to § 104.4(b) that the Personal Representative of the deceased individual provide copies of a designated portion of the Eligibility Form to the immediate family of the decedent (including, but not limited to, the spouse, former spouses, children, other dependents, and parents), to the executor, administrator, and beneficiaries of the decedent's will, and to any other persons who may reasonably be expected to assert an interest in an award or to have a cause of action to recover damages relating to the wrongful death of the decedent. (3) The Eligibility Form may require claimants to provide the following proof: (i) Proof of death: Death certificate or similar official documentation; (ii) Proof of presence at site: Documentation sufficient to establish presence at a 9/11 crash site, which may include, without limitation, a death certificate, proof of r… | |||||
| 28:28:2.0.1.1.43.3.31.1 | 28 | Judicial Administration | I | 104 | PART 104—SEPTEMBER 11TH VICTIM COMPENSATION FUND | C | Subpart C—Claim Intake, Assistance, and Review Procedures | § 104.31 Procedure for claims evaluation. | DOJ | (a) Initial review. Claims Evaluators shall review the forms filed by the claimant and either deem the claim “filed” or notify the claimant of any deficiency in the forms or any required documents. (b) Procedure. The Claims Evaluator shall determine eligibility and the claimant's presumed award pursuant to §§ 104.43 to 104.46 of this part and notify the claimant in writing of the eligibility determination, or the amount of the presumed award as applicable, and the right to request a hearing before the Special Master or her designee under § 104.33 of this part. After an eligible claimant has been notified of the presumed award, within 30 days the claimant may either accept the presumed compensation determination as the final determination and request payment, or may instead request a review before the Special Master or her designee pursuant to § 104.33. Claimants found to be ineligible may appeal pursuant to § 104.32. (c) Multiple claims from the same family. The Special Master may treat claims brought by or on behalf of two or more members of the same immediate family as related or consolidated claims for purposes of determining the amount of any award. | |||||
| 28:28:2.0.1.1.43.3.31.2 | 28 | Judicial Administration | I | 104 | PART 104—SEPTEMBER 11TH VICTIM COMPENSATION FUND | C | Subpart C—Claim Intake, Assistance, and Review Procedures | § 104.32 Eligibility review. | DOJ | Any claimant deemed ineligible by the Claims Evaluator may appeal that decision to the Special Master or her designee by filing an eligibility appeal within 30 days on forms created by the office of the Special Master. | |||||
| 28:28:2.0.1.1.43.3.31.3 | 28 | Judicial Administration | I | 104 | PART 104—SEPTEMBER 11TH VICTIM COMPENSATION FUND | C | Subpart C—Claim Intake, Assistance, and Review Procedures | § 104.33 Hearing. | DOJ | (a) Conduct of hearings. Hearings shall be before the Special Master or her designee. The objective of hearings shall be to permit the claimant to present information or evidence that the claimant believes is necessary to a full understanding of the claim. The claimant may request that the Special Master or her designee review any evidence relevant to the determination of the award, including without limitation: The nature and extent of the claimant's injury; evidence of the claimant's presence at a 9/11 crash site; factors and variables used in calculating economic loss; the identity of the victim's spouse and dependents; the financial needs of the claimant, facts affecting noneconomic loss; and any factual or legal arguments that the claimant contends should affect the award. Claimants shall be entitled to submit any statements or reports in writing. The Special Master or her designee may require authentication of documents, including medical records and reports, and may request and consider information regarding the financial resources and expenses of the victim's family or other material that the Special Master or her designee deems relevant. (b) Location and duration of hearings. The hearings shall, to the extent practicable, be scheduled at times and in locations convenient to the claimant or his or her representative. The hearings shall be limited in length to a time period determined by the Special Master or her designee. (c) Witnesses, counsel, and experts. Claimants shall be permitted, but not required, to present witnesses, including expert witnesses. The Special Master or her designee shall be permitted to question witnesses and examine the credentials of experts. The claimant shall be entitled to be represented by an attorney in good standing, but it is not necessary that the claimant be represented by an attorney. All testimony shall be taken under oath. (d) Waivers. The Special Master shall have authority and discretion to require any waivers necessary to obtain more individualized infor… | |||||
| 28:28:2.0.1.1.43.3.31.4 | 28 | Judicial Administration | I | 104 | PART 104—SEPTEMBER 11TH VICTIM COMPENSATION FUND | C | Subpart C—Claim Intake, Assistance, and Review Procedures | § 104.34 Publication of awards. | DOJ | The Special Master reserves the right to publicize the amounts of some or all of the awards, but shall not publish the name of the claimants or victims that received each award. If published, these decisions would be intended by the Special Master as general guides for potential claimants and should not be viewed as precedent binding on the Special Master or her staff. | |||||
| 28:28:2.0.1.1.43.3.31.5 | 28 | Judicial Administration | I | 104 | PART 104—SEPTEMBER 11TH VICTIM COMPENSATION FUND | C | Subpart C—Claim Intake, Assistance, and Review Procedures | § 104.35 Claims deemed abandoned by claimants. | DOJ | The Special Master and her staff will endeavor to evaluate promptly any information submitted by claimants. Nonetheless, it is the responsibility of the claimant to keep the Special Master informed of his or her current address and to respond within the duration of this program to requests for additional information. Claims outstanding because of a claimant's failure to complete his or her filings shall be deemed abandoned. | |||||
| 28:28:2.0.1.1.43.4.31.1 | 28 | Judicial Administration | I | 104 | PART 104—SEPTEMBER 11TH VICTIM COMPENSATION FUND | D | Subpart D—Amount of Compensation for Eligible Claimants | § 104.41 Amount of compensation. | DOJ | As provided in section 405(b)(1)(B)(ii) of the Act, in determining the amount of compensation to which a claimant is entitled, the Special Master shall take into consideration the harm to the claimant, the facts of the claim, and the individual circumstances of the claimant. The individual circumstances of the claimant may include the financial needs or financial resources of the claimant or the victim's dependents and beneficiaries. As provided in section 405(b)(6) of the Act, the Special Master shall reduce the amount of compensation by the amount of collateral source compensation the claimant (or, in the case of a Personal Representative, the victim's beneficiaries) has received or is entitled to receive as a result of the terrorist- related aircraft crashes of September 11, 2001. In no event shall a Group B claim receive an amount of compensation that is greater than the amount of loss determined pursuant to these regulations less the amount of any collateral source compensation that the claimant has received or is entitled to receive for such claim as a result of the terrorist related aircraft crashes of September 11, 2001 for the Group B claim. | |||||
| 28:28:2.0.1.1.43.4.31.2 | 28 | Judicial Administration | I | 104 | PART 104—SEPTEMBER 11TH VICTIM COMPENSATION FUND | D | Subpart D—Amount of Compensation for Eligible Claimants | § 104.42 Applicable state law. | DOJ | The phrase “to the extent recovery for such loss is allowed under applicable state law,” as used in the statute's definition of economic loss in section 402(5) of the Act, is interpreted to mean that the Special Master is not permitted to compensate claimants for those categories or types of economic losses that would not be compensable under the law of the state that would be applicable to any tort claims brought by or on behalf of the victim. | |||||
| 28:28:2.0.1.1.43.4.31.3 | 28 | Judicial Administration | I | 104 | PART 104—SEPTEMBER 11TH VICTIM COMPENSATION FUND | D | Subpart D—Amount of Compensation for Eligible Claimants | § 104.43 Determination of presumed economic loss for decedents. | DOJ | In reaching presumed determinations for economic loss for Personal Representatives bringing claims on behalf of eligible decedents, the Special Master shall consider sums corresponding to the following: (a) Loss of earnings or other benefits related to employment. The Special Master, as part of the process of reaching a “determination” pursuant to section 405(b) of the Act, has developed a methodology and may publish updated schedules, tables, or charts that will permit prospective claimants to estimate determinations of loss of earnings or other benefits related to employment based upon individual circumstances of the deceased victim, including: The age of the decedent as of the date of death; the number of dependents who survive the decedent; whether the decedent is survived by a spouse; and the amount and nature of the decedent's income for recent years. The decedent's salary/income in the three years preceding the year of death (or for other years the Special Master deems relevant) shall be evaluated in a manner that the Special Master deems appropriate. The Special Master may, if she deems appropriate, take an average of income figures for the three years preceding the year of death, and may also consider income for other periods that she deems appropriate, including published pay scales for victims who were government or military employees. In computing any loss of earnings due to physical harm as defined herein the Special Master shall, for each year for which any loss of earnings or other benefits related to employment is computed, limit the annual past or projected future gross income of the decedent to an amount that is not greater than $200,000. For purposes of the computation of loss of earnings, annual gross income shall have the meaning given such term in section 61 of the Internal Revenue Code of 1986. In cases where the victim was a minor child, the Special Master may assume an average income for the child commensurate with the average income of all wage earners in the United States. For victim… | |||||
| 28:28:2.0.1.1.43.4.31.4 | 28 | Judicial Administration | I | 104 | PART 104—SEPTEMBER 11TH VICTIM COMPENSATION FUND | D | Subpart D—Amount of Compensation for Eligible Claimants | § 104.44 Determination of presumed noneconomic losses for death for claims on behalf of decedents. | DOJ | The presumed non-economic losses for an eligible death shall be $250,000 plus an additional $100,000 for the spouse and each dependent of the deceased victim. Such presumed losses include a noneconomic component of replacement services loss. | |||||
| 28:28:2.0.1.1.43.4.31.5 | 28 | Judicial Administration | I | 104 | PART 104—SEPTEMBER 11TH VICTIM COMPENSATION FUND | D | Subpart D—Amount of Compensation for Eligible Claimants | § 104.45 Determination of presumed economic loss for injured claimants. | DOJ | In reaching presumed determinations for economic loss for claimants who suffered an eligible physical harm (but did not die), the Special Master shall consider sums corresponding to the following: (a) Loss of earnings or other benefits related to employment. The Special Master may determine the loss of earnings or other benefits related to employment on a case-by-case basis, using documentation and other information submitted by the claimant, regarding the actual amount of work that the claimant has missed or will miss without compensation. Alternatively, the Special Master may determine the loss of earnings or other benefits related to employment by relying upon the methodology created pursuant to § 104.43(a) and adjusting the loss based upon the extent of the victim's physical harm. In determining or computing any loss of earnings due to eligible physical harm, the Special Master shall, for each year of any past or projected future loss of earnings or other benefits related to employment, limit the annual gross income of the claimant to an amount that is not greater than $200,000. For purposes of the computation of loss of earnings, annual gross income shall have the meaning given such term in section 61 of the Internal Revenue Code of 1986. (1) Disability; in general. In evaluating claims of disability, the Special Master will, in general, make a determination regarding whether the claimant is capable of performing his or her usual profession in light of the eligible physical conditions. The Special Master may require that the claimant submit an evaluation of the claimant's disability and ability to perform his or her occupation prepared by medical experts. (2) Total permanent disability. With respect to claims of total permanent disability, the Special Master may accept a determination of disability made by the Social Security Administration as evidence of disability without any further medical evidence or review. The Special Master may also consider determinations of permanent total disability made by o… | |||||
| 28:28:2.0.1.1.43.4.31.6 | 28 | Judicial Administration | I | 104 | PART 104—SEPTEMBER 11TH VICTIM COMPENSATION FUND | D | Subpart D—Amount of Compensation for Eligible Claimants | § 104.46 Determination of presumed noneconomic losses for injured claimants | DOJ | The Special Master may determine the presumed noneconomic losses for claimants who suffered physical harm (but did not die) by relying upon the noneconomic losses described in § 104.44 and adjusting the losses based upon the extent of the victim's physical harm. The presumed noneconomic loss for a claim based on any single type of cancer shall not exceed $250,000 and the presumed noneconomic loss for a claim based on any single type of non-cancer condition shall not exceed $90,000. Such presumed losses include any noneconomic component of replacement services loss. The Special Master has discretion to consider the effect of multiple cancer conditions or multiple cancer and non-cancer conditions in computing the total noneconomic loss. | |||||
| 28:28:2.0.1.1.43.4.31.7 | 28 | Judicial Administration | I | 104 | PART 104—SEPTEMBER 11TH VICTIM COMPENSATION FUND | D | Subpart D—Amount of Compensation for Eligible Claimants | § 104.47 Collateral sources. | DOJ | (a) Payments that constitute collateral source compensation. The amount of compensation shall be reduced by all collateral source compensation the claimant has received or is entitled to receive as a result of the terrorist-related aircraft crashes of September 11, 2001, or debris removal in the immediate aftermath, including life insurance, pension funds, death benefits programs, payments by Federal, State, or local governments related to the terrorist- related aircraft crashes of September 11, 2001, or debris removal and payments made pursuant to the settlement of a civil action as described in section 405(c)(3)(C)(iii) of the Act. In determining the appropriate collateral source offset for future benefit payments, the Special Master may employ an appropriate methodology for determining the present value of such future benefits. In determining the appropriate value of offsets for pension funds, life insurance and similar collateral sources, the Special Master may, as appropriate, reduce the amount of offsets to take account of self- contributions made or premiums paid by the victim during his or her lifetime. In determining the appropriate collateral source offset for future benefit payments that are contingent upon one or more future event(s), the Special Master may reduce such offsets to account for the possibility that the future contingencies may or may not occur. In cases where the recipients of collateral source compensation are not beneficiaries of the awards from the Fund, the Special Master shall have discretion to exclude such compensation from the collateral source offset where necessary to prevent beneficiaries from having their awards reduced by collateral source compensation that they will not receive. (b) Payments that do not constitute collateral source compensation. The following payments received by claimants do not constitute collateral source compensation: (1) The value of services or in-kind charitable gifts such as provision of emergency housing, food, or clothing; and (2) Charitabl… | |||||
| 28:28:2.0.1.1.43.5.31.1 | 28 | Judicial Administration | I | 104 | PART 104—SEPTEMBER 11TH VICTIM COMPENSATION FUND | E | Subpart E—Payment of Claims | § 104.51 Payments to eligible individuals. | DOJ | (a) Payment date. Subject to paragraph (c) of this section, the Special Master shall authorize payment of an award to a claimant not later than 20 days after the date on which: (1) The claimant accepts the presumed award; or (2) A final award for the claimant is determined after a hearing on appeal. (b) Failure to accept or appeal presumed award. If a claimant fails to accept or appeal the presumed award determined for that claimant within 30 days, the presumed award shall be deemed to have been accepted and all rights to appeal the award shall have been waived. (c) Payment of Group A claims. Group A claims shall be paid as soon as practicable from the capped amount appropriated for such claims of $2,775,000,000. (d) Payment of Group B claims. Group B claims may be paid after the date on which new Group B claims may be filed under these regulations from the amount appropriated for Group A claims if and to the extent that there are funds remaining after all Group A claims have been paid and, thereafter, from the $4,600,000,000 amount appropriated specifically for Group B claims once it becomes available in fiscal year 2017 until expended. (e) Prioritization. The Special Master shall identify claims that present the most debilitating physical conditions and shall prioritize the compensation of such claims so that claimants with such debilitating conditions are not unduly burdened. (f) Reassessment. Commencing on December 18, 2017, and continuing at least annually thereafter until the closure of the Victim Compensation Fund, the Special Master shall review and reassess policies and procedures and make such adjustments as may be necessary to ensure that the total expenditures including administrative costs in providing compensation for claims in Group B do not exceed the funds deposited into the Victim Compensation Fund and to ensure that the compensation of those claimants who suffer from the most debilitating physical conditions is prioritized to avoid undue burden on such claimants. | |||||
| 28:28:2.0.1.1.43.5.31.2 | 28 | Judicial Administration | I | 104 | PART 104—SEPTEMBER 11TH VICTIM COMPENSATION FUND | E | Subpart E—Payment of Claims | § 104.52 Distribution of award to decedent's beneficiaries. | DOJ | The Personal Representative shall distribute the award in a manner consistent with the law of the decedent's domicile or any applicable rulings made by a court of competent jurisdiction. The Special Master may require the Personal Representative to provide to the Special Master a plan for distribution of any award received from the Fund before payment is authorized. Notwithstanding any other provision of these regulations or any other provision of state law, in the event that the Special Master concludes that the Personal Representative's plan for distribution does not appropriately compensate the victim's spouse, children, or other relatives, the Special Master may direct the Personal Representative to distribute all or part of the award to such spouse, children, or other relatives. | |||||
| 28:28:2.0.1.1.43.6.31.1 | 28 | Judicial Administration | I | 104 | PART 104—SEPTEMBER 11TH VICTIM COMPENSATION FUND | F | Subpart F—Limitations | § 104.61 Limitation on civil actions. | DOJ | (a) General. Section 405(c)(3)(C) of the Act provides that upon the submission of a claim under the Fund, the claimant waives the right to file a civil action (or be a party to an action) in any Federal or State court for damages sustained as a result of the terrorist-related aircraft crashes of September 11, 2001, or for damages arising from or related to debris removal, except that this limitation does not apply to recover collateral source obligations, or to a civil action against any person who is a knowing participant in any conspiracy to hijack any aircraft or commit any terrorist act. The Special Master shall take appropriate steps to inform potential claimants of section 405(c)(3)(C) of the Act. (b) Pending actions. Claimants who have filed a civil action or who are a party to such an action as described in paragraph (a) of this section may not file a claim with the Special Master unless they withdraw from such action not later than January 2, 2012. (c) Settled actions. In the case of an individual who settled a civil action described in Section 405(c)(3)(C) of the Act, such individual may not submit a claim under this title unless such action was commenced after December 22, 2003, and a release of all claims in such action was tendered prior to January 2, 2011. | |||||
| 28:28:2.0.1.1.43.6.31.2 | 28 | Judicial Administration | I | 104 | PART 104—SEPTEMBER 11TH VICTIM COMPENSATION FUND | F | Subpart F—Limitations | § 104.62 Time limit on filing claims. | DOJ | [81 FR 38941, June 15, 2016, as amended at 81 FR 60620, Sept. 2, 2016] | (a) In general. Group B claims. Group B claims that were not submitted to the Victim Compensation Fund on or before December 17, 2015 may be filed by an individual (or by a personal representative on behalf of a deceased individual) during the period beginning on June 15, 2016, and ending on December 18, 2020. Notwithstanding the above, an individual who intends to file a Group B claim must register with the Victim Compensation Fund in accordance with the following: (1) In the case that the individual knew (or reasonably should have known) before October 3, 2011, that the individual suffered a physical harm or died as a result of the terrorist-related aircraft crashes of September 11, 2001, or as a result of debris removal, and is eligible to file a claim under this part as of October 3, 2011, the individual or representative of such individual as appropriate may file a claim not later than October 3, 2013. (2) In the case that the individual first knew (or reasonably should have known) on or after October 3, 2011, that the individual suffered a physical harm or died or in the case that the individual became eligible to file a claim under this part on or after that date, the individual or representative of such individual as appropriate may file a claim not later than the last day of the 2-year period beginning on the date that the individual or representative first knew (or should have known) that the individual both suffered from such harm and was eligible to file a claim under this title, but in no event beyond December 18, 2020. (b) Determination by Special Master. The Special Master or the Special Master's designee should determine the timeliness of all claims under paragraph (a) of this section. | ||||
| 28:28:2.0.1.1.43.6.31.3 | 28 | Judicial Administration | I | 104 | PART 104—SEPTEMBER 11TH VICTIM COMPENSATION FUND | F | Subpart F—Limitations | § 104.63 Subrogation. | DOJ | Compensation under this Fund does not constitute the recovery of tort damages against a third party nor the settlement of a third party action, and the United States shall be subrogated to all potential claims against third party tortfeasors of any victim receiving compensation from the Fund. For that reason, no person or entity having paid other benefits or compensation to or on behalf of a victim shall have any right of recovery, whether through subrogation or otherwise, against the compensation paid by the Fund. | |||||
| 28:28:2.0.1.1.43.7.31.1 | 28 | Judicial Administration | I | 104 | PART 104—SEPTEMBER 11TH VICTIM COMPENSATION FUND | G | Subpart G—Measures To Protect the Integrity of the Compensation Program | § 104.71 Procedures to prevent and detect fraud. | DOJ | (a) Review of claims. For the purpose of detecting and preventing the payment of fraudulent claims and for the purpose of assuring accurate and appropriate payments to eligible claimants, the Special Master shall implement procedures to: (1) Verify, authenticate, and audit claims; (2) Analyze claim submissions to detect inconsistencies, irregularities, duplication, and multiple claimants; and (3) Ensure the quality control of claims review procedures. (b) Quality control. The Special Master shall institute periodic quality control audits designed to evaluate the accuracy of submissions and the accuracy of payments, subject to the oversight of the Inspector General of the Department of Justice. (c) False or fraudulent claims. The Special Master shall refer all evidence of false or fraudulent claims to appropriate law enforcement authorities. | |||||
| 28:28:2.0.1.1.43.8.31.1 | 28 | Judicial Administration | I | 104 | PART 104—SEPTEMBER 11TH VICTIM COMPENSATION FUND | H | Subpart H—Attorney Fees | § 104.81 Limitation on attorney fees. | DOJ | (a) In general —(1) In general. Notwithstanding any contract, the representative of an individual may not charge, for services rendered in connection with the claim of an individual under this title, including expenses routinely incurred in the course of providing legal services, more than 10 percent of an award paid under this title on such claim. Expenses incurred in connection with the claim of an individual in this title other than those that are routinely incurred in the course of providing legal services may be charged to a claimant only if they have been approved by the Special Master. (2) Certification. In the case of any claim in connection with which services covered by this section were rendered, the representative shall certify his or her compliance with this section and shall provide such information as the Special Master requires to ensure such compliance. (b) Limitation —(1) In general. Except as provided in paragraph (b)(2) of this section, in the case of an individual who was charged a legal fee in connection with the settlement of a civil action described in section 405(c)(3)(C)(iii) of the Act, the representative who charged such legal fee may not charge any amount for compensation for services rendered in connection with a claim filed by or on behalf of that individual under this title. (2) Exception. If the legal fee charged in connection with the settlement of a civil action described in section 405(c)(3)(C)(iii) of the Act of an individual is less than 10 percent of the aggregate amount of compensation awarded to such individual through such settlement, the representative who charged such legal fee to that individual may charge an amount for compensation for services rendered to the extent that such amount charged is not more than Ten (10) percent of such aggregate amount through the settlement, minus the total amount of all legal fees charged for services rendered in connection with such settlement. (c) Discretion to lower fee. In the event that the Special Master finds tha… | |||||
| 33:33:1.0.1.8.53.1.26.1 | 33 | Navigation and Navigable Waters | I | H | 104 | PART 104—MARITIME SECURITY: VESSELS | A | Subpart A—General | § 104.100 Definitions. | USCG | Except as specifically stated in this subpart, the definitions in part 101 of this subchapter apply to this part. | ||||
| 33:33:1.0.1.8.53.1.26.10 | 33 | Navigation and Navigable Waters | I | H | 104 | PART 104—MARITIME SECURITY: VESSELS | A | Subpart A—General | § 104.135 Equivalents. | USCG | For any measure required by this part, the vessel owner or operator may propose an equivalent as provided in § 101.130 of this subchapter. | ||||
| 33:33:1.0.1.8.53.1.26.11 | 33 | Navigation and Navigable Waters | I | H | 104 | PART 104—MARITIME SECURITY: VESSELS | A | Subpart A—General | § 104.140 Alternative Security Programs. | USCG | [USCG-2003-14749, 68 FR 39302, July 1, 2003, as amended at 68 FR 60513, Oct. 22, 2003] | A vessel owner or operator may use an Alternative Security Program as approved under § 101.120 of this subchapter if: (a) The Alternative Security Program is appropriate to that class of vessel; (b) The vessel is not subject to the International Convention for Safety of Life at Sea, 1974; and (c) The Alternative Security Program is implemented in its entirety. | |||
| 33:33:1.0.1.8.53.1.26.12 | 33 | Navigation and Navigable Waters | I | H | 104 | PART 104—MARITIME SECURITY: VESSELS | A | Subpart A—General | § 104.145 Maritime Security (MARSEC) Directive. | USCG | Each vessel owner or operator subject to this part must comply with any instructions contained in a MARSEC Directive issued under § 101.405 of this subchapter. | ||||
| 33:33:1.0.1.8.53.1.26.13 | 33 | Navigation and Navigable Waters | I | H | 104 | PART 104—MARITIME SECURITY: VESSELS | A | Subpart A—General | § 104.150 Right to appeal. | USCG | Any person directly affected by a decision or action taken under this part, by or on behalf of the Coast Guard, may appeal as described in § 101.420 of this subchapter. | ||||
| 33:33:1.0.1.8.53.1.26.2 | 33 | Navigation and Navigable Waters | I | H | 104 | PART 104—MARITIME SECURITY: VESSELS | A | Subpart A—General | § 104.105 Applicability. | USCG | [USCG-2003-14749, 68 FR 39302, July 1, 2003, as amended at 68 FR 60513, Oct. 22, 2003; USCG-2004-18057, 69 FR 34925, June 23, 2004; USCG-2004-19963, 70 FR 74669, Dec. 16, 2005; USCG-2006-24196, 72 FR 3579, Jan. 25, 2007; USCG-2007-28915, 81 FR 57710, Aug. 23, 2016] | (a) This part applies to the owner or operator of any: (1) Mobile Offshore Drilling Unit (MODU), cargo, or passenger vessel subject to the International Convention for Safety of Life at Sea, 1974, (SOLAS), Chapter XI-1 or Chapter XI-2; (2) Foreign cargo vessel greater than 100 gross register tons; (3) Self-propelled U.S. cargo vessel greater than 100 gross register tons subject to 46 CFR subchapter I, except commercial fishing vessels inspected under 46 CFR part 105; (4) Vessel subject to 46 CFR chapter I, subchapter L; (5) Passenger vessel subject to 46 CFR chapter I, subchapter H; (6) Passenger vessel certificated to carry more than 150 passengers; (7) Other passenger vessel carrying more than 12 passengers, including at least one passenger-for-hire, that is engaged on an international voyage; (8) Barge subject to 46 CFR chapter I, subchapters D or O; (9) Barge carrying certain dangerous cargo in bulk or barge that is subject to 46 CFR Chapter I, subchapter I, that is engaged on an international voyage. (10) Tankship subject to 46 CFR chapter I, subchapters D or O; and (11) Towing vessel greater than eight meters in registered length that is engaged in towing a barge or barges subject to this part, except a towing vessel that— (i) Temporarily assists another vessel engaged in towing a barge or barges subject to this part; (ii) Shifts a barge or barges subject to this part at a facility or within a fleeting facility; (iii) Assists sections of a tow through a lock; or (iv) Provides emergency assistance. (b) An owner or operator of any vessel not covered in paragraph (a) of this section is subject to parts 101 through 103 of this subchapter. (c) Foreign Vessels that have on board a valid International Ship Security Certificate that certifies that the verifications required by part A, Section 19.1, of the International Ship and Port Facility Security (ISPS) Code (Incorporated by reference, see § 101.115 of this subchapter) have been completed will be deemed in compliance with this part, except for … | |||
| 33:33:1.0.1.8.53.1.26.3 | 33 | Navigation and Navigable Waters | I | H | 104 | PART 104—MARITIME SECURITY: VESSELS | A | Subpart A—General | § 104.106 Passenger access area. | USCG | [USCG-2006-24196, 72 FR 3579, Jan. 25, 2007, as amended by USCG-2008-0179, 73 FR 35009, June 19, 2008] | (a) A ferry, passenger vessel, or cruise ship may designate areas within the vessel as passenger access areas. (b) A passenger access area is a defined space, within the area over which the owner or operator has implemented security measures for access control, of a ferry, passenger vessel, or cruise ship that is open to passengers. It is not a secure area and does not require a TWIC for unescorted access. (c) Passenger access areas may not include any areas defined as restricted areas in the VSP. | |||
| 33:33:1.0.1.8.53.1.26.4 | 33 | Navigation and Navigable Waters | I | H | 104 | PART 104—MARITIME SECURITY: VESSELS | A | Subpart A—General | § 104.107 Employee access area. | USCG | [USCG-2006-24196, 72 FR 3579, Jan. 25, 2007] | (a) A ferry or passenger vessel, excluding cruise ships, may designate areas within the vessel as employee access areas. (b) An employee access area is a defined space, within the area over which the owner or operator has implemented security measures for access control, of a ferry or passenger vessel that is open only to employees and not to passengers. It is not a secure area and does not require a TWIC for unescorted access. (c) Employee access areas may not include any areas defined as restricted areas in the VSP. | |||
| 33:33:1.0.1.8.53.1.26.5 | 33 | Navigation and Navigable Waters | I | H | 104 | PART 104—MARITIME SECURITY: VESSELS | A | Subpart A—General | § 104.110 Exemptions. | USCG | [USCG-2003-14749, 68 FR 60513, Oct. 22, 2003, as amended by USCG-2007-28915, 81 FR 57710, Aug. 23, 2016] | (a) This part does not apply to warships, naval auxiliaries, or other vessels owned or operated by a government and used only on government non-commercial service. (b) A vessel is not subject to this part while the vessel is laid up, dismantled, or otherwise out of commission. (c) Vessels with a minimum manning requirement of 20 or fewer TWIC-holding crewmembers are exempt from the requirements in 33 CFR 101.535(a)(1). | |||
| 33:33:1.0.1.8.53.1.26.6 | 33 | Navigation and Navigable Waters | I | H | 104 | PART 104—MARITIME SECURITY: VESSELS | A | Subpart A—General | § 104.115 Compliance. | USCG | [USCG-2003-14749, 68 FR 60513, Oct. 22, 2003, as amended by USCG-2004-18057, 69 FR 34925, June 23, 2004; USCG-2004-19963, 70 FR 74669, Dec. 16, 2005; USCG-2006-25150, 71 FR 39208, July 12, 2006; USCG-2006-24196, 72 FR 3579, Jan. 25, 2007; 73 FR 25565, May 7, 2008; USCG-2007-28915, 81 FR 57710, Aug. 23, 2016] | (a) Vessel owners or operators must ensure their vessels are operating in compliance with this part. (b) Owners or operators of foreign vessels must comply with the following— (1) Vessels subject to the International Convention for Safety of Life at Sea, 1974, (SOLAS), Chapter XI-1 or Chapter XI-2, must carry on board a valid International Ship Security Certificate that certifies that the verifications required by part A, Section 19.1, of the International Ship and Port Facility Security (ISPS) Code (Incorporated by reference, see § 101.115 of this subchapter) have been completed. This includes ensuring that the vessel meets the applicable requirements of SOLAS Chapter XI-2 (Incorporated by reference, see § 101.115 of this chapter) and the ISPS Code, part A, having taken into account the relevant provisions of the ISPS Code, part B, and that the vessel is provided with an approved security plan. (2) Vessels not subject to SOLAS Chapter XI-1 or Chapter XI-2, may comply with this part through an Alternative Security Program or a bilateral arrangement approved by the Coast Guard. If not complying with an approved Alternative Security Program or bilateral arrangement, these vessels must meet the requirements of paragraph (b) of this section. (c) By August 23, 2018, owners and operators of vessels subject to this part must amend their Vessel Security Plans to indicate how they will implement the TWIC requirements in this subchapter. By August 23, 2018, owners and operators of vessels subject to this part must operate in accordance with the TWIC provisions found within this subchapter. | |||
| 33:33:1.0.1.8.53.1.26.7 | 33 | Navigation and Navigable Waters | I | H | 104 | PART 104—MARITIME SECURITY: VESSELS | A | Subpart A—General | § 104.120 Compliance documentation. | USCG | [USCG-2003-14749, 68 FR 39302, July 1, 2003, as amended at 68 FR 60513, Oct. 22, 2003; USCG-2004-18057, 69 FR 34925, June 23, 2004; USCG-2006-24196, 72 FR 3579, Jan. 25, 2007; USCG-2007-28915, 81 FR 57710, Aug. 23, 2016] | (a) Each vessel owner or operator subject to this part must ensure that copies of the following documents are carried on board the vessel and are made available to the Coast Guard upon request: (1) The approved Vessel Security Plan (VSP) and any approved revisions or amendments thereto, and a letter of approval from the Commanding Officer, Marine Safety Center (MSC); (2) The VSP submitted for approval and a current acknowledgement letter from the Commanding Officer, MSC, stating that the Coast Guard is currently reviewing the VSP submitted for approval, and that the vessel may continue to operate so long as the vessel remains in compliance with the submitted plan; (3) For vessels operating under a Coast Guard-approved Alternative Security Program as provided in § 104.140, a copy of the Alternative Security Program the vessel is using, including a vessel specific security assessment report generated under the Alternative Security Program, as specified in § 101.120(b)(3) of this subchapter, and a letter signed by the vessel owner or operator, stating which Alternative Security Program the vessel is using and certifying that the vessel is in full compliance with that program; or (4) For foreign vessels, subject to the International Convention for Safety of Life at Sea, 1974, (SOLAS), Chapter XI-1 or Chapter XI-2, a valid International Ship Security Certificate (ISSC) that attests to the vessel's compliance with SOLAS Chapter XI-2 and the ISPS Code, part A (Incorporated by reference, see § 101.115 of this subchapter) and is issued in accordance with the ISPS Code, part A, section 19. As stated in Section 9.4 of the ISPS Code, part A requires that, in order for the ISSC to be issued, the provisions of part B of the ISPS Code need to be taken into account. (b) Each owner or operator of an unmanned vessel subject to this part must maintain the documentation described in paragraphs (a)(1), (2), or (3) of this section. The letter required by each of those paragraphs must be carried on board the vessel. The plan or pr… | |||
| 33:33:1.0.1.8.53.1.26.8 | 33 | Navigation and Navigable Waters | I | H | 104 | PART 104—MARITIME SECURITY: VESSELS | A | Subpart A—General | § 104.125 Noncompliance. | USCG | [USCG-2003-14749, 68 FR 60513, Oct. 22, 2003] | When a vessel must temporarily deviate from the requirements of this part, the vessel owner or operator must notify the cognizant COTP, and either suspend operations or request and receive permission from the COTP to continue operating. | |||
| 33:33:1.0.1.8.53.1.26.9 | 33 | Navigation and Navigable Waters | I | H | 104 | PART 104—MARITIME SECURITY: VESSELS | A | Subpart A—General | § 104.130 Waivers. | USCG | [USCG-2003-14749, 68 FR 39302, July 1, 2003, as amended by USCG-2008-0179, 73 FR 35009, June 19, 2008; USCG-2010-0351, 75 FR 36282, June 25, 2010; USCG-2013-0397, 78 FR 39173, July 1, 2013; USCG-2014-0410, 79 FR 38432, July 7, 2014] | Any vessel owner or operator may apply for a waiver of any requirement of this part that the owner or operator considers unnecessary in light of the nature or operating conditions of the vessel. A request for a waiver must be submitted in writing with justification to the Commandant (CG-5P), Attn: Assistant Commandant for Prevention Policy, U.S. Coast Guard Stop 7501, 2703 Martin Luther King Jr. Avenue SE., Washington, DC 20593-7501. The Commandant (CG-5P) may require the vessel owner or operator to provide additional data for determining the validity of the requested waiver. The Commandant (CG-5P) may grant, in writing, a waiver with or without conditions only if the waiver will not reduce the overall security of the vessel, its passengers, its crew, or its cargo, or facilities or ports that the vessel may visit. | |||
| 33:33:1.0.1.8.53.2.26.1 | 33 | Navigation and Navigable Waters | I | H | 104 | PART 104—MARITIME SECURITY: VESSELS | B | Subpart B—Vessel Security Requirements | § 104.200 Owner or operator. | USCG | [USCG-2003-14749, 68 FR 39302, July 1, 2003, as amended by USCG-2003-14749, 68 FR 60513, Oct. 22, 2003; USCG-2006-24196, 72 FR 3579, Jan. 25, 2007; USCG-2013-0397, 78 FR 39173, July 1, 2013; USCG-2007-28915, 81 FR 57710, Aug. 23, 2016] | (a) Each vessel owner or operator must ensure that the vessel operates in compliance with the requirements of this part. (b) For each vessel, the vessel owner or operator must: (1) Define the security organizational structure for each vessel and provide all personnel exercising security duties or responsibilities within that structure with the support needed to fulfill security obligations; (2) Designate, in writing, by name or title, a Company Security Officer (CSO), a Vessel Security Officer (VSO) for each vessel, and identify how those officers can be contacted at any time; (3) Ensure personnel receive training, drills, and exercises enabling them to perform their assigned security duties; (4) Inform vessel personnel of their responsibility to apply for and maintain a TWIC, including the deadlines and methods for such applications, and of their obligation to inform TSA of any event that would render them ineligible for a TWIC, or which would invalidate their existing TWIC; (5) Ensure vessel security records are kept; (6) Ensure that adequate coordination of security issues takes place between vessels and facilities; this includes the execution of a Declaration of Security (DoS); (7) Ensure coordination of shore leave, transit, or crew change-out for vessel personnel, as well as access through the facility of visitors to the vessel (including representatives of seafarers' welfare and labor organizations), with facility operators in advance of a vessel's arrival. Vessel owners or operators may refer to treaties of friendship, commerce, and navigation between the U.S. and other nations in coordinating such leave; (8) Ensure security communication is readily available; (9) Ensure coordination with and implementation of changes in Maritime Security (MARSEC) Level; (10) Ensure that security systems and equipment are installed and maintained; (11) Ensure that vessel access, including the embarkation of persons and their effects, is controlled; (12) Ensure that TWIC procedures are implemented as set forth… | |||
| 33:33:1.0.1.8.53.2.26.10 | 33 | Navigation and Navigable Waters | I | H | 104 | PART 104—MARITIME SECURITY: VESSELS | B | Subpart B—Vessel Security Requirements | § 104.245 Communications. | USCG | (a) The Vessel Security Officer must have a means to effectively notify vessel personnel of changes in security conditions on board the vessel. (b) Communications systems and procedures must allow effective and continuous communication between the vessel security personnel, facilities interfacing with the vessel, vessels interfacing with the vessel, and national or local authorities with security responsibilities. (c) Communication systems and procedures must enable vessel personnel to notify, in a timely manner, shore side authorities or other vessels of a security threat or incident on board. | ||||
| 33:33:1.0.1.8.53.2.26.11 | 33 | Navigation and Navigable Waters | I | H | 104 | PART 104—MARITIME SECURITY: VESSELS | B | Subpart B—Vessel Security Requirements | § 104.250 Procedures for interfacing with facilities and other vessels. | USCG | (a) The vessel owner or operator must ensure that there are measures for interfacing with facilities and other vessels at all MARSEC Levels. (b) For each U.S. flag vessel that calls on foreign ports or facilities, the vessel owner or operator must ensure procedures for interfacing with those ports and facilities are established. | ||||
| 33:33:1.0.1.8.53.2.26.12 | 33 | Navigation and Navigable Waters | I | H | 104 | PART 104—MARITIME SECURITY: VESSELS | B | Subpart B—Vessel Security Requirements | § 104.255 Declaration of Security (DoS). | USCG | [USCG-2003-14749, 68 FR 39302, July 1, 2003, as amended at 68 FR 60514, Oct. 22, 2003] | (a) Each vessel owner or operator must ensure procedures are established for requesting a DoS and for handling DoS requests from a facility or other vessel. (b) At MARSEC Level 1, the Master or Vessel Security Officer (VSO), or their designated representative, of any cruise ship or manned vessel carrying Certain Dangerous Cargoes, in bulk, must complete and sign a DoS with the VSO or Facility Security Officer (FSO), or their designated representative, of any vessel or facility with which it interfaces. (1) For a vessel-to-facility interface, prior to arrival of a vessel to a facility, the FSO and Master, VSO, or their designated representatives must coordinate security needs and procedures, and agree upon the contents of the DoS for the period of time the vessel is at the facility. Upon a vessel's arrival to a facility and prior to any passenger embarkation or disembarkation or cargo transfer operation, the FSO or Master, VSO, or designated representatives must sign the written DoS. (2) For a vessel engaging in a vessel-to-vessel activity, prior to the activity, the respective Masters, VSOs, or their designated representatives must coordinate security needs and procedures, and agree upon the contents of the DoS for the period of the vessel-to-vessel activity. Upon the vessel-to-vessel activity and prior to any passenger embarkation or disembarkation or cargo transfer operation, the respective Masters, VSOs, or designated representatives must sign the written DoS. (c) At MARSEC Levels 2 and 3, the Master, VSO, or designated representative of any manned vessel required to comply with this part must coordinate security needs and procedures, and agree upon the contents of the DoS for the period of the vessel-to-vessel activity. Upon the vessel-to-vessel activity and prior to any passenger embarkation or disembarkation or cargo transfer operation, the respective Masters, VSOs, or designated representatives must sign the written DoS. (d) At MARSEC Levels 2 and 3, the Master, VSO, or designated representative of an… | |||
| 33:33:1.0.1.8.53.2.26.13 | 33 | Navigation and Navigable Waters | I | H | 104 | PART 104—MARITIME SECURITY: VESSELS | B | Subpart B—Vessel Security Requirements | § 104.260 Security systems and equipment maintenance. | USCG | [USCG-2003-14749, 68 FR 39302, July 1, 2003, as amended by USCG-2007-28915, 81 FR 57710, Aug. 23, 2016] | (a) Security systems and equipment must be in good working order and inspected, tested, calibrated and maintained according to the manufacturer's recommendation. (b) The results of testing completed under paragraph (a) of this section must be recorded in accordance with § 104.235. Any deficiencies must be promptly corrected. (c) The Vessel Security Plan (VSP) must include procedures for identifying and responding to security system and equipment failures or malfunctions. | |||
| 33:33:1.0.1.8.53.2.26.14 | 33 | Navigation and Navigable Waters | I | H | 104 | PART 104—MARITIME SECURITY: VESSELS | B | Subpart B—Vessel Security Requirements | § 104.263 Risk Group classifications for vessels. | USCG | [USCG-2007-28915, 81 FR 57711, Aug. 23, 2016] | (a) For purposes of the Transportation Worker Identification Credential requirements of this subchapter, the following vessels subject to this part are in Risk Group A: (1) Vessels that carry Certain Dangerous Cargoes in bulk. (2) Vessels certificated to carry more than 1,000 passengers. (3) Any vessel engaged in towing a vessel subject to paragraph (a)(1) or (a)(2) of this section. (b) Vessels may move from one Risk Group classification to another, based on the cargo they are carrying or handling at any given time. An owner or operator expecting a vessel to move between Risk Groups must explain, in the Vessel Security Plan, the timing of such movements, as well as how the vessel will move between the requirements of the higher and lower Risk Groups, with particular attention to the security measures to be taken moving from a lower Risk Group to a higher Risk Group. | |||
| 33:33:1.0.1.8.53.2.26.15 | 33 | Navigation and Navigable Waters | I | H | 104 | PART 104—MARITIME SECURITY: VESSELS | B | Subpart B—Vessel Security Requirements | § 104.265 Security measures for access control. | USCG | [USCG-2006-24196, 72 FR 3580, Jan. 25, 2007, as amended by USCG-2007-28915, 81 FR 57711, Aug. 23, 2016] | (a) General. The vessel owner or operator must ensure the implementation of security measures to: (1) Deter the unauthorized introduction of dangerous substances and devices, including any device intended to damage or destroy persons, vessels, facilities, or ports; (2) Secure dangerous substances and devices that are authorized by the owner or operator to be on board; (3) Control access to the vessel; and (4) Prevent an unescorted individual from entering an area of the vessel that is designated as a secure area unless the individual holds a duly issued TWIC and is authorized to be in the area. Individuals seeking unescorted access to a secure area on a vessel in Risk Group A must pass electronic TWIC inspection and those seeking unescorted access to a secure area on a vessel not in Risk Group A must pass either electronic TWIC inspection or visual TWIC inspection. (b) The vessel owner or operator must ensure that the following are specified: (1) The locations providing means of access to the vessel where access restrictions or prohibitions are applied for each Maritime Security (MARSEC) Level, including those points where TWIC access control provisions will be applied. “Means of access” include, but are not limited, to all: (i) Access ladders; (ii) Access gangways; (iii) Access ramps; (iv) Access doors, side scuttles, windows, and ports; (v) Mooring lines and anchor chains; and (vi) Cranes and hoisting gear; (2) The identification of the types of restriction or prohibition to be applied and the means of enforcing them; (3) The means used to establish the identity of individuals not in possession of a TWIC and procedures for escorting, in accordance with § 101.515 of this subchapter; and (4) Procedures for identifying authorized and unauthorized persons at any MARSEC level. (c) The vessel owner or operator must establish in the approved VSP the frequency of application of any security measures for access control, particularly if these security measures are applied on a random or occasional basis… | |||
| 33:33:1.0.1.8.53.2.26.16 | 33 | Navigation and Navigable Waters | I | H | 104 | PART 104—MARITIME SECURITY: VESSELS | B | Subpart B—Vessel Security Requirements | § 104.267 Security measures for newly hired employees. | USCG | [USCG-2006-24196, 72 FR 3581, Jan. 25, 2007, as amended by USCG-2013-0397, 78 FR 39173, July 1, 2013; USCG-2007-28915, 81 FR 57711, Aug. 23, 2016; USCG-2022-0323, 88 FR 10029, Feb. 16, 2023] | (a) Newly-hired vessel employees may be granted entry to secure areas of the vessel for up to 30 consecutive calendar days prior to receiving their TWIC provided all of the requirements in paragraph (b) of this section are met, and provided that the new hire is accompanied by an individual with a TWIC while within the secure areas of the vessel. If TSA does not act upon a TWIC application within 30 days, the cognizant Coast Guard COTP may further extend access to secure areas for another 30 days. The Coast Guard will determine whether, in particular circumstances, certain practices meet the condition of a new hire being accompanied by another individual with a TWIC. (b) Newly-hired vessel employees may be granted the access provided for in paragraph (a) of this section only if: (1) The new hire has applied for a TWIC in accordance with 49 CFR part 1572 by completing the full enrollment process, paying the user fee, and is not currently engaged in a waiver or appeal process. The vessel owner or operator or Vessel Security Officer (VSO) must have the new hire sign a statement affirming this, and must retain the signed statement until the new hire receives a TWIC; (2) The vessel owner or operator or the VSO enters the following information on the new hire into the Coast Guard's Homeport website ( https://homeport.uscg.mil ): (i) Full legal name, including middle name if one exists; (ii) Date of birth; (iii) Social security number (optional); (iv) Employer name and 24 hour contact information; and (v) Date of TWIC enrollment; (3) The new hire presents an identification credential that meets the requirements of § 101.515 of this subchapter; (4) There are no other circumstances that would cause reasonable suspicion regarding the new hire's ability to obtain a TWIC, and the vessel owner or operator or VSO have not been informed by the cognizant COTP that the new hire poses a security threat; and (5) There would be an adverse impact to vessel operations if the new hire is not allowed access. (c) This section … | |||
| 33:33:1.0.1.8.53.2.26.17 | 33 | Navigation and Navigable Waters | I | H | 104 | PART 104—MARITIME SECURITY: VESSELS | B | Subpart B—Vessel Security Requirements | § 104.270 Security measures for restricted areas. | USCG | (a) General. The vessel owner or operator must ensure the designation of restricted areas in order to: (1) Prevent or deter unauthorized access; (2) Protect persons authorized to be on board; (3) Protect the vessel; (4) Protect sensitive security areas within the vessel; (5) Protect security and surveillance equipment and systems; and (6) Protect cargo and vessel stores from tampering. (b) Designation of Restricted Areas. The vessel owner or operator must ensure restricted areas are designated on board the vessel, as specified in the approved plan. Restricted areas must include, as appropriate: (1) Navigation bridge, machinery spaces and other control stations; (2) Spaces containing security and surveillance equipment and systems and their controls and lighting system controls; (3) Ventilation and air-conditioning systems and other similar spaces; (4) Spaces with access to potable water tanks, pumps, or manifolds; (5) Spaces containing dangerous goods or hazardous substances; (6) Spaces containing cargo pumps and their controls; (7) Cargo spaces and spaces containing vessel stores; (8) Crew accommodations; and (9) Any other spaces or areas vital to the security of the vessel. (c) The vessel owner or operator must ensure that security measures and policies are established to: (1) Identify which vessel personnel are authorized to have access; (2) Determine which persons other than vessel personnel are authorized to have access; (3) Determine the conditions under which that access may take place; (4) Define the extent of any restricted area; (5) Define the times when access restrictions apply; and (6) Clearly mark all restricted areas and indicate that access to the area is restricted and that unauthorized presence within the area constitutes a breach of security. (d) Maritime Security (MARSEC) Level 1. The vessel owner or operator must ensure the implementation of security measures to prevent unauthorized access or activities within the area. These security measures may include: (1) L… | ||||
| 33:33:1.0.1.8.53.2.26.18 | 33 | Navigation and Navigable Waters | I | H | 104 | PART 104—MARITIME SECURITY: VESSELS | B | Subpart B—Vessel Security Requirements | § 104.275 Security measures for handling cargo. | USCG | [USCG-2003-14749, 68 FR 39302, July 1, 2003, as amended at 68 FR 60514, Oct. 22, 2003] | (a) General. The vessel owner or operator must ensure that security measures relating to cargo handling, some of which may have to be applied in liaison with the facility or another vessel, are specified in order to: (1) Deter tampering; (2) Prevent cargo that is not meant for carriage from being accepted and stored on board the vessel; (3) Identify cargo that is approved for loading onto the vessel; (4) Include inventory control procedures at access points to the vessel; and (5) When there are regular or repeated cargo operations with the same shipper, coordinate security measures with the shipper or other responsible party in accordance with an established agreement and procedures. (b) Maritime Security (MARSEC) Level 1. At MARSEC Level 1, the vessel owner or operator must ensure the implementation of measures to: (1) Unless unsafe to do so, routinely check cargo and cargo spaces prior to and during cargo handling for evidence of tampering; (2) Check that cargo to be loaded matches the cargo documentation, or that cargo markings or container numbers match the information provided with shipping documents; (3) Ensure, in liaison with the facility, that vehicles to be loaded on board car carriers, RO-RO, and passenger ships are subjected to screening prior to loading, in accordance with the frequency required in the VSP; and (4) Check, in liaison with the facility, seals or other methods used to prevent tampering. (c) MARSEC Level 2. In addition to the security measures required for MARSEC Level 1 in this section, at MARSEC Level 2, the vessel owner or operator must also ensure the implementation of additional security measures, as specified for MARSEC Level 2 in the approved Vessel Security Plan (VSP). These additional security measures may include: (1) Increasing the frequency and detail of checking cargo and cargo spaces for evidence of tampering; (2) Intensifying checks to ensure that only the intended cargo, container, or other cargo transport units are loaded; (3) Intensifying screening o… | |||
| 33:33:1.0.1.8.53.2.26.19 | 33 | Navigation and Navigable Waters | I | H | 104 | PART 104—MARITIME SECURITY: VESSELS | B | Subpart B—Vessel Security Requirements | § 104.280 Security measures for delivery of vessel stores and bunkers. | USCG | (a) General. The vessel owner or operator must ensure that security measures relating to the delivery of vessel stores and bunkers are implemented to: (1) Check vessel stores for package integrity; (2) Prevent vessel stores from being accepted without inspection; (3) Deter tampering; and (4) Prevent vessel stores and bunkers from being accepted unless ordered. For vessels that routinely use a facility, a vessel owner or operator may establish and implement standing arrangements between the vessel, its suppliers, and a facility regarding notification and the timing of deliveries and their documentation. (b) Maritime Security (MARSEC) Level 1. At MARSEC Level 1, the vessel owner or operator must ensure the implementation of measures to: (1) Check vessel stores before being accepted; (2) Check that vessel stores and bunkers match the order prior to being brought on board or being bunkered; and (3) Ensure that vessel stores are controlled or immediately and securely stowed following delivery. (c) MARSEC Level 2. In addition to the security measures required for MARSEC Level 1 in this section, at MARSEC Level 2, the vessel owner or operator must also ensure the implementation of additional security measures, as specified for MARSEC Level 2 in the approved Vessel Security Plan (VSP). These additional security measures may include: (1) Intensifying inspection of the vessel stores during delivery; or (2) Checking vessel stores prior to receiving them on board. (d) MARSEC Level 3. In addition to the security measures for MARSEC Level 1 and MARSEC Level 2, at MARSEC Level 3, the vessel owner or operator must ensure the implementation of additional security measures, as specified for MARSEC Level 3 in the approved VSP. These additional security measures may include: (1) Checking all vessel stores more extensively; (2) Restricting or suspending delivery of vessel stores and bunkers; or (3) Refusing to accept vessel stores on board. | ||||
| 33:33:1.0.1.8.53.2.26.2 | 33 | Navigation and Navigable Waters | I | H | 104 | PART 104—MARITIME SECURITY: VESSELS | B | Subpart B—Vessel Security Requirements | § 104.205 Master. | USCG | [USCG-2003-14749, 68 FR 39302, July 1, 2003, as amended at 68 FR 60513, Oct. 22, 2003; USCG-2006-25150, 71 FR 39208, July 12, 2006; USCG-2008-0179, 73 FR 35009, June 19, 2008; USCG-2013-0397, 78 FR 39173, July 1, 2013] | (a) Nothing in this part is intended to permit the Master to be constrained by the Company, the vessel owner or operator, or any other person, from taking or executing any decision which, in the professional judgment of the Master, is necessary to maintain the safety and security of the vessel. This includes denial of access to persons—except those identified as duly authorized by the cognizant government authority—or their effects, and refusal to load cargo, including containers or other closed cargo transport units. (b) If, in the professional judgment of the Master, a conflict between any safety and security requirements applicable to the vessel arises during its operations, the Master may give precedence to measures intended to maintain the safety of the vessel, and take such temporary security measures as seem best under all circumstances. In such cases: (1) The Master must, as soon as practicable, inform the nearest COTP. If the vessel is on a foreign voyage, the Master must promptly inform the Coast Guard via the NRC at 1-800-424-8802, direct telephone at 202-267-2675; Fax: 202-267-1322, TDD at 202-267-4477, or E-mail at HQS-DG-lst-NRCINFO@uscg.mil and if subject to the jurisdiction of a foreign government, the relevant maritime authority of that foreign government; (2) The temporary security measures must, to the highest possible degree, be commensurate with the prevailing Maritime Security (MARSEC) Level; and (3) The owner or operator must ensure that such conflicts are resolved to the satisfaction of the cognizant COTP, or for vessels on international voyages, the Commandant (CG-5P), and that the possibility of recurrence is minimized. | |||
| 33:33:1.0.1.8.53.2.26.20 | 33 | Navigation and Navigable Waters | I | H | 104 | PART 104—MARITIME SECURITY: VESSELS | B | Subpart B—Vessel Security Requirements | § 104.285 Security measures for monitoring. | USCG | [USCG-2003-14749, 68 FR 39302, July 1, 2003, as amended at 68 FR 60514, Oct. 22, 2003] | (a) General. (1) The vessel owner or operator must ensure the implementation of security measures and have the capability to continuously monitor, through a combination of lighting, watchkeepers, security guards, deck watches, waterborne patrols, automatic intrusion-detection devices, or surveillance equipment, as specified in their approved Vessel Security Plan (VSP), the— (i) Vessel; (ii) Restricted areas on board the vessel; and (iii) Area surrounding the vessel. (2) The following must be considered when establishing the appropriate level and location of lighting: (i) Vessel personnel should be able to detect activities on and around the vessel, on both the shore side and the waterside; (ii) Coverage should facilitate personnel identification at access points; (iii) Coverage may be provided through coordination with the port or facility; and (iv) Lighting effects, such as glare, and its impact on safety, navigation, and other security activities. (b) Maritime Security (MARSEC) Level 1. At MARSEC Level 1, the vessel owner or operator must ensure the implementation of security measures, which may be done in coordination with a facility, to: (1) Monitor the vessel, particularly vessel access points and restricted areas; (2) Be able to conduct emergency searches of the vessel; (3) Ensure that equipment or system failures or malfunctions are identified and corrected; (4) Ensure that any automatic intrusion detection device sets off an audible or visual alarm, or both, at a location that is continuously attended or monitored; (5) Light deck and vessel access points during the period between sunset and sunrise and periods of limited visibility sufficiently to allow visual identification of persons seeking access to the vessel; and (6) Use maximum available lighting while underway, during the period between sunset and sunrise, consistent with safety and international regulations. (c) MARSEC Level 2. In addition to the security measures required for MARSEC Level 1 in this section, at MARSEC Level … | |||
| 33:33:1.0.1.8.53.2.26.21 | 33 | Navigation and Navigable Waters | I | H | 104 | PART 104—MARITIME SECURITY: VESSELS | B | Subpart B—Vessel Security Requirements | § 104.290 Security incident procedures. | USCG | For each Maritime Security (MARSEC) Level, the vessel owner or operator must ensure the Vessel Security Officer (VSO) and vessel security personnel are able to: (a) Respond to security threats or breaches of security and maintain critical vessel and vessel-to-facility interface operations, to include: (1) Prohibiting entry into affected area; (2) Denying access to the vessel, except to those responding to the emergency; (3) Implementing MARSEC Level 3 security measures throughout the vessel; (4) Stopping cargo-handling operations; and (5) Notifying shoreside authorities or other vessels of the emergency; (b) Evacuating the vessel in case of security threats or breaches of security; (c) Reporting security incidents as required in § 101.305; (d) Briefing all vessel personnel on possible threats and the need for vigilance, soliciting their assistance in reporting suspicious persons, objects, or activities; and (e) Securing non-critical operations in order to focus response on critical operations. | ||||
| 33:33:1.0.1.8.53.2.26.22 | 33 | Navigation and Navigable Waters | I | H | 104 | PART 104—MARITIME SECURITY: VESSELS | B | Subpart B—Vessel Security Requirements | § 104.292 Additional requirements—passenger vessels and ferries. | USCG | [USCG-2003-14749, 68 FR 39302, July 1, 2003, as amended at 68 FR 60514, Oct. 22, 2003; USCG-2008-0179, 73 FR 35009, June 19, 2008; USCG-2007-28915, 81 FR 57711, Aug. 23, 2016] | (a) At all Maritime Security (MARSEC) Levels, the vessel owner or operator must ensure security sweeps are performed, prior to getting underway, after any period the vessel was unattended. (b) As an alternative to the identification checks and passenger screening requirements in § 104.265(d)(2), (d)(4), and (d)(9), the owner or operator of a passenger vessel or ferry may ensure security measures are implemented that include— (1) Searching selected areas prior to embarking passengers and prior to sailing; and (2) Implementing one or more of the following: (i) Performing routine security patrols; (ii) Providing additional closed-circuit television to monitor passenger areas; or (iii) Securing all non-passenger areas. (c) Passenger vessels certificated to carry more than 2000 passengers, working in coordination with the terminal, may be subject to additional vehicle screening requirements in accordance with a MARSEC Directive or other orders issued by the Coast Guard. (d) Owners and operators of passenger vessels and ferries covered by this part that use public access facilities, as that term is defined in § 101.105 of this subchapter, must address security measures for the interface of the vessel and the public access facility, in accordance with the appropriate Area Maritime Security Plan. (e) At MARSEC Level 2, a vessel owner or operator must ensure, in addition to MARSEC Level 1 measures, the implementation of the following: (1) Search selected areas prior to embarking passengers and prior to sailing; (2) Passenger vessels certificated to carry less than 2000 passengers, working in coordination with the terminal, may be subject to additional vehicle screening requirements in accordance with a MARSEC Directive or other orders issued by the Coast Guard; and (3) As an alternative to the identification and screening requirements in § 104.265(d)(4) and (e)(1), intensify patrols, security sweeps and monitoring identified in paragraph (b) of this section. (f) At MARSEC Level 3, a vessel owner or operator m… | |||
| 33:33:1.0.1.8.53.2.26.23 | 33 | Navigation and Navigable Waters | I | H | 104 | PART 104—MARITIME SECURITY: VESSELS | B | Subpart B—Vessel Security Requirements | § 104.295 Additional requirements—cruise ships. | USCG | [USCG-2003-14749, 68 FR 39302, July 1, 2003, as amended by USCG-2006-23846, 83 FR 12102, Mar. 19, 2018] | (a) At all MARSEC Levels, the owner or operator of a cruise ship must ensure the following: (1) Screen all persons, baggage, and personal effects for dangerous substances and devices prior to entering the sterile or secure portion of a cruise ship in accordance with the qualification, training, and equipment requirements of §§ 105.530, 105.535, and 105.545 of this subchapter. (2) The vessel owner or operator may work with the owner or operator of each cruise ship terminal or port of call at which that vessel embarks or disembarks passengers to meet the requirements of this section. The owner or operator of a cruise ship need not duplicate any provisions fulfilled by the cruise ship terminal or port of call. When a provision is fulfilled by the cruise ship terminal or port of call, the applicable section of the Vessel Security Plan must refer to that fact. (3) Perform security patrols; and (4) Search selected areas prior to embarking passengers and prior to sailing. (b) At MARSEC Level 3, the owner or operator of a cruise ship must ensure that security briefs to passengers about the specific threat are provided. | |||
| 33:33:1.0.1.8.53.2.26.24 | 33 | Navigation and Navigable Waters | I | H | 104 | PART 104—MARITIME SECURITY: VESSELS | B | Subpart B—Vessel Security Requirements | § 104.297 Additional requirements—vessels on international voyages. | USCG | [USCG-2003-14749, 68 FR 39302, July 1, 2003, as amended at 68 FR 60515, Oct. 22, 2003; USCG-2006-25556, 72 FR 36328, July 2, 2007] | (a) An owner or operator of a U.S. flag vessel, which is subject to the International Convention for Safety of Life at Sea, 1974, (SOLAS), must be in compliance with the applicable requirements of SOLAS Chapter XI-1, SOLAS Chapter XI-2 and the ISPS Code, part A (Incorporated by reference, see § 101.115 of this subchapter). (b) Owners or operators of U.S. flag vessels that are required to comply with SOLAS, must ensure an International Ship Security Certificate (ISSC) as provided in 46 CFR § 2.01-25 is obtained for the vessel. This certificate must be issued by the Coast Guard. (c) Owners or operators of vessels that require an ISSC in paragraph (b) of this section must request an inspection in writing, at least 30 days prior to the desired inspection date to the Officer in Charge, Marine Inspection for the Marine Inspection Office or Sector Office of the port where the vessel will be inspected to verify compliance with this part and applicable SOLAS requirements. The inspection must be completed and the initial ISSC must be issued on or before July 1, 2004. | |||
| 33:33:1.0.1.8.53.2.26.3 | 33 | Navigation and Navigable Waters | I | H | 104 | PART 104—MARITIME SECURITY: VESSELS | B | Subpart B—Vessel Security Requirements | § 104.210 Company Security Officer (CSO). | USCG | [USCG-2003-14749, 68 FR 39302, July 1, 2003, as amended at 68 FR 60513, Oct. 22, 2003; USCG-2006-24196, 72 FR 3580, Jan. 25, 2007] | (a) General. (1) Each vessel owner or operator must designate in writing a CSO. (2) A vessel owner or operator may designate a single CSO for all its vessels to which this part applies, or may designate more than one CSO, in which case the owner or operator must clearly identify the vessels for which each CSO is responsible. (3) A CSO may perform other duties within the owner or operator's organization, including the duties of a Vessel Security Officer, provided he or she is able to perform the duties and responsibilities required of a CSO. (4) The CSO may delegate duties required by this part, but remains responsible for the performance of those duties. (5) The CSO must maintain a TWIC. (b) Qualifications. (1) The CSO must have general knowledge, through training or equivalent job experience, in the following: (i) Security administration and organization of the company's vessel(s); (ii) Vessel, facility, and port operations relevant to that industry; (iii) Vessel and facility security measures, including the meaning and the consequential requirements of the different Maritime Security (MARSEC) Levels; (iv) Emergency preparedness and response and contingency planning; (v) Security equipment and systems and their operational limitations; (vi) Methods of conducting audits, inspection and control and monitoring techniques; and (vii) Techniques for security training and education, including security measures and procedures. (2) In addition to knowledge and training in paragraph (b)(1) of this section, the CSO must have general knowledge through training or equivalent job experience in the following, as appropriate: (i) Relevant international conventions, codes, and recommendations; (ii) Relevant government legislation and regulations; (iii) Responsibilities and functions of other security organizations; (iv) Methodology of Vessel Security Assessment; (v) Methods of vessel security surveys and inspections; (vi) Instruction techniques for security training and education, including security measur… | |||
| 33:33:1.0.1.8.53.2.26.4 | 33 | Navigation and Navigable Waters | I | H | 104 | PART 104—MARITIME SECURITY: VESSELS | B | Subpart B—Vessel Security Requirements | § 104.215 Vessel Security Officer (VSO). | USCG | [USCG-2003-14749, 68 FR 39302, July 1, 2003, as amended at 68 FR 60513, Oct. 22, 2003; USCG-2006-24196, 72 FR 3580, Jan. 25, 2007; USCG-2008-0028, 73 FR 29070, May 20, 2008; 73 FR 34191, June 17, 2008; USCG-2007-28915, 81 FR 57710, Aug. 23, 2016] | (a) General. (1) A VSO may perform other duties within the owner's or operator's organization, provided he or she is able to perform the duties and responsibilities required of the VSO for each such vessel. (2) For manned vessels, the VSO must be the Master or a member of the crew. (3) For unmanned vessels, the VSO must be an employee of the company, and the same person may serve as the VSO for more than one unmanned vessel. If a person serves as the VSO for more than one unmanned vessel, the name of each unmanned vessel for which he or she is the VSO must be listed in the Vessel Security Plan (VSP). (4) The VSO of any unmanned barge and the VSO of any towing vessel interfacing with the barge must coordinate and ensure the implementation of security measures applicable to both vessels during the period of their interface. (5) The VSO may assign security duties to other vessel personnel; however, the VSO remains responsible for these duties. (6) The VSO must maintain a TWIC. (b) Qualifications. The VSO must have general knowledge, through training or equivalent job experience, in the following: (1) Those items listed in § 104.210 (b)(1) and (b)(2) of this part; (2) Vessel layout; (3) The VSP and related procedures, including scenario-based response training; (4) Crowd management and control techniques; (5) Operations of security equipment and systems; (6) Testing and calibration of security equipment and systems, and their maintenance while at sea; and (7) TWIC. (c) Certification required. After July 1, 2009, persons performing duties as VSO on-board a seagoing vessel subject to the International Convention on Standards of Training, Certification and Watchkeeping for Seafarers, 1978, as amended, must hold a valid Coast Guard-issued credential with a Vessel Security Officer endorsement. The Coast Guard will issue this endorsement only if the person meets the requirements in paragraph (d) of this section. This endorsement serves as proof that the person meets the ship security officer requirement… | |||
| 33:33:1.0.1.8.53.2.26.5 | 33 | Navigation and Navigable Waters | I | H | 104 | PART 104—MARITIME SECURITY: VESSELS | B | Subpart B—Vessel Security Requirements | § 104.220 Company or vessel personnel with security duties. | USCG | [USCG-2003-14749, 68 FR 39302, July 1, 2003, as amended by USCG-2006-24196, 72 FR 3580, Jan. 25, 2007] | Company and vessel personnel responsible for security duties must maintain a TWIC, and must have knowledge, through training or equivalent job experience, in the following, as appropriate: (a) Knowledge of current security threats and patterns; (b) Recognition and detection of dangerous substances and devices; (c) Recognition of characteristics and behavioral patterns of persons who are likely to threaten security; (d) Techniques used to circumvent security measures; (e) Crowd management and control techniques; (f) Security related communications; (g) Knowledge of emergency procedures and contingency plans; (h) Operation of security equipment and systems; (i) Testing and calibration of security equipment and systems, and their maintenance while at sea; (j) Inspection, control, and monitoring techniques; (k) Relevant provisions of the Vessel Security Plan (VSP); (l) Methods of physical screening of persons, personal effects, baggage, cargo, and vessel stores; and (m) The meaning and the consequential requirements of the different Maritime Security (MARSEC) Levels. (n) Relevant aspects of the TWIC program and how to carry them out. | |||
| 33:33:1.0.1.8.53.2.26.6 | 33 | Navigation and Navigable Waters | I | H | 104 | PART 104—MARITIME SECURITY: VESSELS | B | Subpart B—Vessel Security Requirements | § 104.225 Security training for all other vessel personnel. | USCG | [USCG-2003-14749, 68 FR 39302, July 1, 2003, as amended at 68 FR 60513, Oct. 22, 2003; USCG-2006-24196, 72 FR 3580, Jan. 25, 2007] | All other vessel personnel, including contractors, whether part-time, full-time, temporary, or permanent, must have knowledge of, through training or equivalent job experience in the following, as appropriate: (a) Relevant provisions of the Vessel Security Plan (VSP); (b) The meaning and the consequential requirements of the different Maritime Security (MARSEC) Levels, including emergency procedures and contingency plans; (c) Recognition and detection of dangerous substances and devices; (d) Recognition of characteristics and behavioral patterns of persons who are likely to threaten security; and (e) Techniques used to circumvent security measures. (f) Relevant aspects of the TWIC program and how to carry them out. | |||
| 33:33:1.0.1.8.53.2.26.7 | 33 | Navigation and Navigable Waters | I | H | 104 | PART 104—MARITIME SECURITY: VESSELS | B | Subpart B—Vessel Security Requirements | § 104.230 Drill and exercise requirements. | USCG | [USCG-2003-14749, 68 FR 39302, July 1, 2003, as amended at 68 FR 60513, Oct. 22, 2003] | (a) General. (1) Drills and exercises must test the proficiency of vessel personnel in assigned security duties at all Maritime Security (MARSEC) Levels and the effective implementation of the Vessel Security Plan (VSP). They must enable the Vessel Security Officer (VSO) to identify any related security deficiencies that need to be addressed. (2) A drill or exercise required by this section may be satisfied with the implementation of security measures required by the Vessel Security Plan as the result of an increase in the MARSEC Level, provided the vessel reports attainment to the cognizant COTP. (b) Drills. (1) The VSO must ensure that at least one security drill is conducted at least every 3 months, except when a vessel is out of service due to repairs or seasonal suspension of operation provided that in such cases a drill must be conducted within one week of the vessel's reactivation. Security drills may be held in conjunction with non-security drills where appropriate. (2) Drills must test individual elements of the VSP, including response to security threats and incidents. Drills should take into account the types of operations of the vessel, vessel personnel changes, and other relevant circumstances. Examples of drills include unauthorized entry to a restricted area, response to alarms, and notification of law enforcement authorities. (3) If the vessel is moored at a facility on the date the facility has planned to conduct any drills, the vessel may, but is not required to, participate in the facility's scheduled drill. (4) Drills must be conducted within one week from whenever the percentage of vessel personnel with no prior participation in a vessel security drill on that vessel exceeds 25 percent. (5) Not withstanding paragraph (b)(4) of this section, vessels not subject to SOLAS may conduct drills within 1 week from whenever the percentage of vessel personnel with no prior participation in a vessel security drill on a vessel of similar design and owned or operated by the same company exceeds … | |||
| 33:33:1.0.1.8.53.2.26.8 | 33 | Navigation and Navigable Waters | I | H | 104 | PART 104—MARITIME SECURITY: VESSELS | B | Subpart B—Vessel Security Requirements | § 104.235 Vessel recordkeeping requirements. | USCG | [USCG-2003-14749, 68 FR 39302, July 1, 2003, as amended at 68 FR 60514, Oct. 22, 2003; USCG-2007-28915, 81 FR 57710, Aug. 23, 2016] | (a) Unless otherwise specified in this section, the Vessel Security Officer must keep records of the activities as set out in paragraph (b) of this section for at least 2 years and make them available to the Coast Guard upon request. (b) Records required by this section may be kept in electronic format. If kept in an electronic format, they must be protected against unauthorized deletion, destruction, or amendment. The following records must be kept: (1) Training. For training under § 104.225, the date of each session, duration of session, a description of the training, and a list of attendees; (2) Drills and exercises. For each drill or exercise, the date held, description of drill or exercise, list of participants; and any best practices or lessons learned which may improve the Vessel Security Plan (VSP); (3) Incidents and breaches of security. Date and time of occurrence, location within the port, location within the vessel, description of incident or breaches, to whom it was reported, and description of the response; (4) Changes in Maritime Security (MARSEC) Levels. Date and time of notification received, and time of compliance with additional requirements; (5) Maintenance, calibration, and testing of security equipment. For each occurrence of maintenance, calibration, and testing, the date and time, and the specific security equipment involved; (6) Security threats. Date and time of occurrence, how the threat was communicated, who received or identified the threat, description of threat, to whom it was reported, and description of the response; (7) Declaration of Security (DoS). Manned vessels must keep on board a copy of the last 10 DoSs and a copy of each continuing DoS for at least 90 days after the end of its effective period; (8) Annual audit of the VSP. For each annual audit, a letter certified by the Company Security Officer or the VSO stating the date the audit was completed; and (9) Electronic Reader/Physical Access Control System (PACS). For each individual granted unesc… | |||
| 33:33:1.0.1.8.53.2.26.9 | 33 | Navigation and Navigable Waters | I | H | 104 | PART 104—MARITIME SECURITY: VESSELS | B | Subpart B—Vessel Security Requirements | § 104.240 Maritime Security (MARSEC) Level coordination and implementation. | USCG | [USCG-2003-14749, 68 FR 39302, July 1, 2003, as amended at 68 FR 60514, Oct. 22, 2003] | (a) The vessel owner or operator must ensure that, prior to entering a port or visiting an Outer Continental Shelf (OCS) facility, all measures are taken that are specified in the Vessel Security Plan (VSP) for compliance with the MARSEC Level in effect for the port or the OCS facility. (b) When notified of an increase in the MARSEC Level, the vessel owner or operator must ensure: (1) If a higher MARSEC Level is set for the port in which the vessel is located or is about to enter, the vessel complies, without undue delay, with all measures specified in the VSP for compliance with that higher MARSEC Level; (2) The COTP is notified as required by § 101.300(c) when compliance with the higher MARSEC Level has been implemented; (3) For vessels in port, that compliance with the higher MARSEC Level has taken place within 12 hours of the notification; and (4) If a higher MARSEC Level is set for the OCS facility with which the vessel is interfacing or is about to visit, the vessel complies, without undue delay, with all measures specified in the VSP for compliance with that higher MARSEC Level. (c) For MARSEC Levels 2 and 3, the Vessel Security Officer must brief all vessel personnel of identified threats, emphasize reporting procedures, and stress the need for increased vigilance. (d) An owner or operator whose vessel is not in compliance with the requirements of this section must inform the COTP and obtain approval prior to entering any port, prior to interfacing with another vessel or with a facility or to continuing operations. (e) For MARSEC Level 3, in addition to the requirements in this part, a vessel owner or operator may be required to implement additional measures, pursuant to 33 CFR part 6, 160 or 165, as appropriate, which may include but are not limited to: (1) Arrangements to ensure that the vessel can be towed or moved if deemed necessary by the Coast Guard; (2) Use of waterborne security patrol; (3) Use of armed security personnel to control access to the vessel and to deter, to the maximum ext… | |||
| 33:33:1.0.1.8.53.3.26.1 | 33 | Navigation and Navigable Waters | I | H | 104 | PART 104—MARITIME SECURITY: VESSELS | C | Subpart C—Vessel Security Assessment (VSA) | § 104.300 General. | USCG | [USCG-2003-14749, 68 FR 39302, July 1, 2003, as amended at 68 FR 60515, Oct. 22, 2003] | (a) The Vessel Security Assessment (VSA) is a written document that is based on the collection of background information and the completion and analysis of an on-scene survey. (b) A single VSA may be performed and applied to more than one vessel to the extent that they share physical characteristics and operations. (c) Third parties may be used in any aspect of the VSA if they have the appropriate skills and if the Company Security Officer (CSO) reviews and accepts their work. (d) Those involved in a VSA should be able to draw upon expert assistance in the following areas: (1) Knowledge of current security threats and patterns; (2) Recognition and detection of dangerous substances and devices; (3) Recognition of characteristics and behavioral patterns of persons who are likely to threaten security; (4) Techniques used to circumvent security measures; (5) Methods used to cause a security incident; (6) Effects of dangerous substances and devices on vessel structures and equipment; (7) Vessel security requirements; (8) Vessel-to-vessel activity and vessel-to-facility interface business practices; (9) Contingency planning, emergency preparedness and response; (10) Physical security requirements; (11) Radio and telecommunications systems, including computer systems and networks; (12) Marine engineering; and (13) Vessel and port operations. | |||
| 33:33:1.0.1.8.53.3.26.2 | 33 | Navigation and Navigable Waters | I | H | 104 | PART 104—MARITIME SECURITY: VESSELS | C | Subpart C—Vessel Security Assessment (VSA) | § 104.305 Vessel Security Assessment (VSA) requirements. | USCG | [USCG-2003-14749, 68 FR 39302, July 1, 2003, as amended at 68 FR 60515, Oct. 22, 2003] | (a) Background. The vessel owner or operator must ensure that the following background information is provided to the person or persons who will conduct the on-scene survey and assessment: (1) General layout of the vessel, including the location of: (i) Each actual or potential point of access to the vessel and its function; (ii) Spaces that should have restricted access; (iii) Essential maintenance equipment; (iv) Cargo spaces and storage; (v) Storage of unaccompanied baggage; and (vi) Vessel stores; (2) Threat assessments, including the purpose and methodology of the assessment, for the area or areas in which the vessel operates or at which passengers embark or disembark; (3) The previous VSA, if any; (4) Emergency and stand-by equipment available to maintain essential services; (5) Number of vessel personnel and any existing security duties to which they are assigned; (6) Existing personnel training requirement practices of the vessel; (7) Existing security and safety equipment for the protection of personnel, visitors, passengers, and vessels personnel; (8) Escape and evacuation routes and assembly stations that have to be maintained to ensure the orderly and safe emergency evacuation of the vessel; (9) Existing agreements with private security companies providing waterside or vessel security services; and (10) Existing security measures and procedures, including: (i) Inspection and control procedures; (ii) Identification systems; (iii) Surveillance and monitoring equipment; (iv) Personnel identification documents; (v) Communication systems; (vi) Alarms; (vii) Lighting; (viii) Access control systems; and (ix) Other security systems. (b) On-scene survey. The vessel owner or operator must ensure that an on-scene survey of each vessel is conducted. The on-scene survey is to verify or collect information required in paragraph (a) of this section. It consists of an actual survey that examines and evaluates existing vessel protective measures, procedures, and operations for: (1) Ensur… | |||
| 33:33:1.0.1.8.53.3.26.3 | 33 | Navigation and Navigable Waters | I | H | 104 | PART 104—MARITIME SECURITY: VESSELS | C | Subpart C—Vessel Security Assessment (VSA) | § 104.310 Submission requirements. | USCG | [USCG-2003-14749, 68 FR 39302, July 1, 2003, as amended at 68 FR 60515, Oct. 22, 2003] | (a) A completed Vessel Security Assessment (VSA) report must be submitted with the Vessel Security Plan (VSP) required in § 104.410 of this part. (b) A vessel owner or operator may generate and submit a report that contains the VSA for more than one vessel subject to this part, to the extent that they share similarities in physical characteristics and operations. (c) The VSA must be reviewed and revalidated, and the VSA report must be updated, each time the VSP is submitted for reapproval or revisions. | |||
| 33:33:1.0.1.8.53.4.26.1 | 33 | Navigation and Navigable Waters | I | H | 104 | PART 104—MARITIME SECURITY: VESSELS | D | Subpart D—Vessel Security Plan (VSP) | § 104.400 General. | USCG | [USCG-2003-14749, 68 FR 39302, July 1, 2003, as amended at 68 FR 60515, Oct. 22, 2003; USCG-2004-18057, 69 FR 34925, June 23, 2004; USCG-2007-26953, 72 FR 5931, Feb. 8, 2007; USCG-2010-0351, 75 FR 36282, June 25, 2010; USCG-2014-0410, 79 FR 38432, July 7, 2014; USCG-2016-0498, 82 FR 35080, July 28, 2017; USCG-2023-0759, 89 FR 22947, Apr. 3, 2024] | (a) The Company Security Officer (CSO) must ensure a Vessel Security Plan (VSP) is developed and implemented for each vessel. The VSP: (1) Must identify the CSO and VSO by name or position and provide 24-hour contact information; (2) Must be written in English, although a translation of the VSP in the working language of vessel personnel may also be developed; (3) Must address each vulnerability identified in the Vessel Security Assessment (VSA); (4) Must describe security measures for each MARSEC Level; (5) Must state the Master's authority as described in § 104.205; and (6) May cover more than one vessel to the extent that they share similarities in physical characteristics and operations, if authorized and approved by the Commanding Officer, Marine Safety Center. (b) The VSP must be submitted to the Commanding Officer, Marine Safety Center, U.S. Coast Guard. Send all mail to: Commanding Officer (MSC), Attn: Marine Safety Center, U.S. Coast Guard Stop 7430, 2703 Martin Luther King Jr. Avenue SE., Washington, DC 20593-7430, in a written or electronic format. Information for submitting the VSP electronically can be found at http://www.uscg.mil/HQ/MSC. Owners or operators of foreign flag vessels that are subject to SOLAS Chapter XI-1 or Chapter XI-2 must comply with this part by carrying on board a valid International Ship Security Certificate that certifies that the verifications required by Section 19.1 of part A of the ISPS Code (Incorporated by reference, see § 101.115 of this subchapter) have been completed. As stated in Section 9.4 of the ISPS Code, part A requires that, in order for the ISSC to be issued, the provisions of part B of the ISPS Code need to be taken into account. (c) The VSP is sensitive security information and must be protected in accordance with 49 CFR part 1520. (d) If the VSP is kept in an electronic format, procedures must be in place to prevent its unauthorized deletion, destruction, or amendment. | |||
| 33:33:1.0.1.8.53.4.26.2 | 33 | Navigation and Navigable Waters | I | H | 104 | PART 104—MARITIME SECURITY: VESSELS | D | Subpart D—Vessel Security Plan (VSP) | § 104.405 Format of the Vessel Security Plan (VSP). | USCG | [USCG-2003-14749, 68 FR 39302, July 1, 2003, as amended by USCG-2006-24196, 72 FR 3582, Jan. 25, 2007; USCG-2007-28915, 81 FR 57711, Aug. 23, 2016] | (a) A vessel owner or operator must ensure that the VSP consists of the individual sections listed in this paragraph (a). If the VSP does not follow the order as it appears in the list, the vessel owner or operator must ensure that the VSP contains an index identifying the location of each of the following sections: (1) Security organization of the vessel; (2) Personnel training; (3) Drills and exercises; (4) Records and documentation; (5) Response to change in MARSEC Level; (6) Procedures for interfacing with facilities and other vessels; (7) Declarations of Security (DoS); (8) Communications; (9) Security systems and equipment maintenance; (10) Security measures for access control, including the vessel's TWIC Program, designated passenger access areas and employee access areas; (11) Security measures for restricted areas; (12) Security measures for handling cargo; (13) Security measures for delivery of vessel stores and bunkers; (14) Security measures for monitoring; (15) Security incident procedures; (16) Audits and Vessel Security Plan (VSP) amendments; and (17) Vessel Security Assessment (VSA) Report. (b) The VSP must describe in detail how the requirements of subpart B of this part will be met. | |||
| 33:33:1.0.1.8.53.4.26.3 | 33 | Navigation and Navigable Waters | I | H | 104 | PART 104—MARITIME SECURITY: VESSELS | D | Subpart D—Vessel Security Plan (VSP) | § 104.410 Submission and approval. | USCG | [USCG-2003-14749, 68 FR 39302, July 1, 2003, as amended at 68 FR 60515, Oct. 22, 2003; USCG-2004-19963, 70 FR 74669, Dec. 16, 2005; USCG-2013-0397, 78 FR 39173, July 1, 2013; USCG-2007-28915, 81 FR 57711, Aug. 23, 2016] | (a) In accordance with § 104.115, each vessel owner or operator must either— (1) Submit one copy of their Vessel Security Plan (VSP), in English, for review and approval to the Commanding Officer, Marine Safety Center (MSC) and a letter certifying that the VSP meets applicable requirements of this part; or (2) If intending to operate under an Approved Alternative Security Program, a letter signed by the vessel owner or operator stating which approved Alternative Security Program the owner or operator intends to use. (b) Owners or operators of vessels not in service on or before December 31, 2003, must comply with the requirements in paragraph (a) of this section 60 days prior to beginning operations. (c) The Commanding Officer, Marine Safety Center (MSC), will examine each submission for compliance with this part, and either— (1) Approve it and specify any conditions of approval, returning to the submitter a letter stating its acceptance and any conditions; (2) Return it for revision, returning a copy to the submitter with brief descriptions of the required revisions; or (3) Disapprove it, returning a copy to the submitter with a brief statement of the reasons for disapproval. (d) A VSP may be submitted and approved to cover more than one vessel where the vessel design and operations are similar. (e) Each company or vessel, owner or operator, that submits one VSP to cover two or more vessels of similar design and operation must address vessel-specific information that includes the physical and operational characteristics of each vessel. (f) A plan that is approved by the MSC is valid for 5 years from the date of its approval. | |||
| 33:33:1.0.1.8.53.4.26.4 | 33 | Navigation and Navigable Waters | I | H | 104 | PART 104—MARITIME SECURITY: VESSELS | D | Subpart D—Vessel Security Plan (VSP) | § 104.415 Amendment and audit. | USCG | [USCG-2003-14749, 68 FR 39302, July 1, 2003; 68 FR 41915, July 16, 2003, as amended at 68 FR 60515, Oct. 22, 2003] | (a) Amendments. (1) Amendments to a Vessel Security Plan that are approved by the Marine Safety Center (MSC) may be initiated by: (i) The vessel owner or operator; or (ii) The Coast Guard upon a determination that an amendment is needed to maintain the vessel's security. The Coast Guard will give the vessel owner or operator written notice and request that the vessel owner or operator propose amendments addressing any matters specified in the notice. The company owner or operator will have at least 60 days to submit its proposed amendments. Until amendments are approved, the company owner or operator shall ensure temporary security measures are implemented to the satisfaction of the Coast Guard. (2) Proposed amendments must be sent to the MSC at the address shown in § 104.400(b) of this part. If initiated by the company or vessel, owner or operator, the proposed amendment must be submitted at least 30 days before the amendment is to take effect unless the MSC allows a shorter period. The MSC will approve or disapprove the proposed amendment in accordance with § 104.410 of this part. (3) Nothing in this section should be construed as limiting the vessel owner or operator from the timely implementation of such additional security measures not enumerated in the approved VSP as necessary to address exigent security situations. In such cases, the owner or operator must notify the MSC by the most rapid means practicable as to the nature of the additional measures, the circumstances that prompted these additional measures, and the period of time these additional measures are expected to be in place. (4) If the owner or operator has changed, the Vessel Security Officer (VSO) must amend the Vessel Security Plan (VSP) to include the name and contact information of the new vessel owner or operator and submit the affected portion of the VSP for review and approval in accordance with § 104.410 of this part. (b) Audits. (1) The CSO or VSO must ensure an audit of the VSP is performed annually, beginning no later than … | |||
| 34:34:1.2.1.1.3.1.113.1 | 34 | Education | I | 104 | PART 104—NONDISCRIMINATION ON THE BASIS OF HANDICAP IN PROGRAMS OR ACTIVITIES RECEIVING FEDERAL FINANCIAL ASSISTANCE | A | Subpart A—General Provisions | § 104.1 Purpose. | ED | The purpose of this part is to effectuate section 504 of the Rehabilitation Act of 1973, which is designed to eliminate discrimination on the basis of handicap in any program or activity receiving Federal financial assistance. | |||||
| 34:34:1.2.1.1.3.1.113.10 | 34 | Education | I | 104 | PART 104—NONDISCRIMINATION ON THE BASIS OF HANDICAP IN PROGRAMS OR ACTIVITIES RECEIVING FEDERAL FINANCIAL ASSISTANCE | A | Subpart A—General Provisions | § 104.10 Effect of state or local law or other requirements and effect of employment opportunities. | ED | (a) The obligation to comply with this part is not obviated or alleviated by the existence of any state or local law or other requirement that, on the basis of handicap, imposes prohibitions or limits upon the eligibility of qualified handicapped persons to receive services or to practice any occupation or profession. (b) The obligation to comply with this part is not obviated or alleviated because employment opportunities in any occupation or profession are or may be more limited for handicapped persons than for nonhandicapped persons. | |||||
| 34:34:1.2.1.1.3.1.113.2 | 34 | Education | I | 104 | PART 104—NONDISCRIMINATION ON THE BASIS OF HANDICAP IN PROGRAMS OR ACTIVITIES RECEIVING FEDERAL FINANCIAL ASSISTANCE | A | Subpart A—General Provisions | § 104.2 Application. | ED | [65 FR 30936, May 9, 1980, as amended at 65 FR 68054, Nov. 13, 2000] | This part applies to each recipient of Federal financial assistance from the Department of Education and to the program or activity that receives such assistance. | ||||
| 34:34:1.2.1.1.3.1.113.3 | 34 | Education | I | 104 | PART 104—NONDISCRIMINATION ON THE BASIS OF HANDICAP IN PROGRAMS OR ACTIVITIES RECEIVING FEDERAL FINANCIAL ASSISTANCE | A | Subpart A—General Provisions | § 104.3 Definitions. | ED | [45 FR 30936, May 9, 1980, as amended at 65 FR 68054, Nov. 13, 2000; 82 FR 31912, July 11, 2017] | As used in this part, the term: (a) The Act means the Rehabilitation Act of 1973, Pub. L. 93-112, as amended by the Rehabilitation Act Amendments of 1974, Pub. L. 93-516, 29 U.S.C. 794. (b) Section 504 means section 504 of the Act. (c) Education of the Handicapped Act means that statute as amended by the Education for all Handicapped Children Act of 1975, Pub. L. 94-142, 20 U.S.C. 1401 et seq. (d) Department means the Department of Education. (e) Assistant Secretary means the Assistant Secretary for Civil Rights of the Department of Education. (f) Recipient means any state or its political subdivision, any instrumentality of a state or its political subdivision, any public or private agency, institution, organization, or other entity, or any person to which Federal financial assistance is extended directly or through another recipient, including any successor, assignee, or transferee of a recipient, but excluding the ultimate beneficiary of the assistance. (g) Applicant for assistance means one who submits an application, request, or plan required to be approved by a Department official or by a recipient as a condition to becoming a recipient. (h) Federal financial assistance means any grant, loan, contract (other than a procurement contract or a contract of insurance or guaranty), or any other arrangement by which the Department provides or otherwise makes available assistance in the form of: (1) Funds; (2) Services of Federal personnel; or (3) Real and personal property or any interest in or use of such property, including: (i) Transfers or leases of such property for less than fair market value or for reduced consideration; and (ii) Proceeds from a subsequent transfer or lease of such property if the Federal share of its fair market value is not returned to the Federal Government. (i) Facility means all or any portion of buildings, structures, equipment, roads, walks, parking lots, or other real or personal property or interest in such property. (j) Handicapped person —(1) H… | ||||
| 34:34:1.2.1.1.3.1.113.4 | 34 | Education | I | 104 | PART 104—NONDISCRIMINATION ON THE BASIS OF HANDICAP IN PROGRAMS OR ACTIVITIES RECEIVING FEDERAL FINANCIAL ASSISTANCE | A | Subpart A—General Provisions | § 104.4 Discrimination prohibited. | ED | [45 FR 30936, May 9, 1980, as amended at 65 FR 68054, Nov. 13, 2000] | (a) General. No qualified handicapped person shall, on the basis of handicap, be excluded from participation in, be denied the benefits of, or otherwise be subjected to discrimination under any program or activity which receives Federal financial assistance. (b) Discriminatory actions prohibited. (1) A recipient, in providing any aid, benefit, or service, may not, directly or through contractual, licensing, or other arrangements, on the basis of handicap: (i) Deny a qualified handicapped person the opportunity to participate in or benefit from the aid, benefit, or service; (ii) Afford a qualified handicapped person an opportunity to participate in or benefit from the aid, benefit, or service that is not equal to that afforded others; (iii) Provide a qualified handicapped person with an aid, benefit, or service that is not as effective as that provided to others; (iv) Provide different or separate aid, benefits, or services to handicapped persons or to any class of handicapped persons unless such action is necessary to provide qualified handicapped persons with aid, benefits, or services that are as effective as those provided to others; (v) Aid or perpetuate discrimination against a qualified handicapped person by providing significant assistance to an agency, organization, or person that discriminates on the basis of handicap in providing any aid, benefit, or service to beneficiaries of the recipients program or activity; (vi) Deny a qualified handicapped person the opportunity to participate as a member of planning or advisory boards; or (vii) Otherwise limit a qualified handicapped person in the enjoyment of any right, privilege, advantage, or opportunity enjoyed by others receiving an aid, benefit, or service. (2) For purposes of this part, aids, benefits, and services, to be equally effective, are not required to produce the identical result or level of achievement for handicapped and nonhandicapped persons, but must afford handicapped persons equal opportunity to obtain the same result, to gain… | ||||
| 34:34:1.2.1.1.3.1.113.5 | 34 | Education | I | 104 | PART 104—NONDISCRIMINATION ON THE BASIS OF HANDICAP IN PROGRAMS OR ACTIVITIES RECEIVING FEDERAL FINANCIAL ASSISTANCE | A | Subpart A—General Provisions | § 104.5 Assurances required. | ED | [45 FR 30936, May 9, 1980, as amended at 65 FR 68054, Nov. 13, 2000] | (a) Assurances. An applicant for Federal financial assistance to which this part applies shall submit an assurance, on a form specified by the Assistant Secretary, that the program or activity will be operated in compliance with this part. An applicant may incorporate these assurances by reference in subsequent applications to the Department. (b) Duration of obligation. (1) In the case of Federal financial assistance extended in the form of real property or to provide real property or structures on the property, the assurance will obligate the recipient or, in the case of a subsequent transfer, the transferee, for the period during which the real property or structures are used for the purpose for which Federal financial assistance is extended or for another purpose involving the provision of similar services or benefits. (2) In the case of Federal financial assistance extended to provide personal property, the assurance will obligate the recipient for the period during which it retains ownership or possession of the property. (3) In all other cases the assurance will obligate the recipient for the period during which Federal financial assistance is extended. (c) Covenants. (1) Where Federal financial assistance is provided in the form of real property or interest in the property from the Department, the instrument effecting or recording this transfer shall contain a covenant running with the land to assure nondiscrimination for the period during which the real property is used for a purpose for which the Federal financial assistance is extended or for another purpose involving the provision of similar services or benefits. (2) Where no transfer of property is involved but property is purchased or improved with Federal financial assistance, the recipient shall agree to include the covenant described in paragraph (b)(2) of this section in the instrument effecting or recording any subsequent transfer of the property. (3) Where Federal financial assistance is provided in the form of real property or inte… | ||||
| 34:34:1.2.1.1.3.1.113.6 | 34 | Education | I | 104 | PART 104—NONDISCRIMINATION ON THE BASIS OF HANDICAP IN PROGRAMS OR ACTIVITIES RECEIVING FEDERAL FINANCIAL ASSISTANCE | A | Subpart A—General Provisions | § 104.6 Remedial action, voluntary action, and self-evaluation. | ED | [45 FR 30936, May 9, 1980, as amended at 65 FR 68054, Nov. 13, 2000] | (a) Remedial action. (1) If the Assistant Secretary finds that a recipient has discriminated against persons on the basis of handicap in violation of section 504 or this part, the recipient shall take such remedial action as the Assistant Secretary deems necessary to overcome the effects of the discrimination. (2) Where a recipient is found to have discriminated against persons on the basis of handicap in violation of section 504 or this part and where another recipient exercises control over the recipient that has discriminated, the Assistant Secretary, where appropriate, may require either or both recipients to take remedial action. (3) The Assistant Secretary may, where necessary to overcome the effects of discrimination in violation of section 504 or this part, require a recipient to take remedial action (i) with respect to handicapped persons who are no longer participants in the recipient's program or activity but who were participants in the program or activity when such discrimination occurred or (ii) with respect to handicapped persons who would have been participants in the program or activity had the discrimination not occurred. (b) Voluntary action. A recipient may take steps, in addition to any action that is required by this part, to overcome the effects of conditions that resulted in limited participation in the recipient's program or activity by qualified handicapped persons. (c) Self-evaluation. (1) A recipient shall, within one year of the effective date of this part: (i) Evaluate, with the assistance of interested persons, including handicapped persons or organizations representing handicapped persons, its current policies and practices and the effects thereof that do not or may not meet the requirements of this part; (ii) Modify, after consultation with interested persons, including handicapped persons or organizations representing handicapped persons, any policies and practices that do not meet the requirements of this part; and (iii) Take, after consultation with interested pers… | ||||
| 34:34:1.2.1.1.3.1.113.7 | 34 | Education | I | 104 | PART 104—NONDISCRIMINATION ON THE BASIS OF HANDICAP IN PROGRAMS OR ACTIVITIES RECEIVING FEDERAL FINANCIAL ASSISTANCE | A | Subpart A—General Provisions | § 104.7 Designation of responsible employee and adoption of grievance procedures. | ED | (a) Designation of responsible employee. A recipient that employs fifteen or more persons shall designate at least one person to coordinate its efforts to comply with this part. (b) Adoption of grievance procedures. A recipient that employs fifteen or more persons shall adopt grievance procedures that incorporate appropriate due process standards and that provide for the prompt and equitable resolution of complaints alleging any action prohibited by this part. Such procedures need not be established with respect to complaints from applicants for employment or from applicants for admission to postsecondary educational institutions. | |||||
| 34:34:1.2.1.1.3.1.113.8 | 34 | Education | I | 104 | PART 104—NONDISCRIMINATION ON THE BASIS OF HANDICAP IN PROGRAMS OR ACTIVITIES RECEIVING FEDERAL FINANCIAL ASSISTANCE | A | Subpart A—General Provisions | § 104.8 Notice. | ED | [45 FR 30936, May 9, 1980, as amended at 65 FR 68054, Nov. 13, 2000] | (a) A recipient that employs fifteen or more persons shall take appropriate initial and continuing steps to notify participants, beneficiaries, applicants, and employees, including those with impaired vision or hearing, and unions or professional organizations holding collective bargaining or professional agreements with the recipient that it does not discriminate on the basis of handicap in violation of section 504 and this part. The notification shall state, where appropriate, that the recipient does not discriminate in admission or access to, or treatment or employment in, its program or activity. The notification shall also include an identification of the responsible employee designated pursuant to § 104.7(a). A recipient shall make the initial notification required by this paragraph within 90 days of the effective date of this part. Methods of initial and continuing notification may include the posting of notices, publication in newspapers and magazines, placement of notices in recipients' publication, and distribution of memoranda or other written communications. (b) If a recipient publishes or uses recruitment materials or publications containing general information that it makes available to participants, beneficiaries, applicants, or employees, it shall include in those materials or publications a statement of the policy described in paragraph (a) of this section. A recipient may meet the requirement of this paragraph either by including appropriate inserts in existing materials and publications or by revising and reprinting the materials and publications. | ||||
| 34:34:1.2.1.1.3.1.113.9 | 34 | Education | I | 104 | PART 104—NONDISCRIMINATION ON THE BASIS OF HANDICAP IN PROGRAMS OR ACTIVITIES RECEIVING FEDERAL FINANCIAL ASSISTANCE | A | Subpart A—General Provisions | § 104.9 Administrative requirements for small recipients. | ED | The Assistant Secretary may require any recipient with fewer than fifteen employees, or any class of such recipients, to comply with §§ 104.7 and 104.8, in whole or in part, when the Assistant Secretary finds a violation of this part or finds that such compliance will not significantly impair the ability of the recipient or class of recipients to provide benefits or services. | |||||
| 34:34:1.2.1.1.3.2.113.1 | 34 | Education | I | 104 | PART 104—NONDISCRIMINATION ON THE BASIS OF HANDICAP IN PROGRAMS OR ACTIVITIES RECEIVING FEDERAL FINANCIAL ASSISTANCE | B | Subpart B—Employment Practices | § 104.11 Discrimination prohibited. | ED | [45 FR 30936, May 9, 1980, as amended at 65 FR 68055, Nov. 13, 2000] | (a) General. (1) No qualified handicapped person shall, on the basis of handicap, be subjected to discrimination in employment under any program or activity to which this part applies. (2) A recipient that receives assistance under the Education of the Handicapped Act shall take positive steps to employ and advance in employment qualified handicapped persons in programs or activities assisted under that Act. (3) A recipient shall make all decisions concerning employment under any program or activity to which this part applies in a manner which ensures that discrimination on the basis of handicap does not occur and may not limit, segregate, or classify applicants or employees in any way that adversely affects their opportunities or status because of handicap. (4) A recipient may not participate in a contractual or other relationship that has the effect of subjecting qualified handicapped applicants or employees to discrimination prohibited by this subpart. The relationships referred to in this paragraph include relationships with employment and referral agencies, with labor unions, with organizations providing or administering fringe benefits to employees of the recipient, and with organizations providing training and apprenticeships. (b) Specific activities. The provisions of this subpart apply to: (1) Recruitment, advertising, and the processing of applications for employment; (2) Hiring, upgrading, promotion, award of tenure, demotion, transfer, layoff, termination, right of return from layoff and rehiring; (3) Rates of pay or any other form of compensation and changes in compensation; (4) Job assignments, job classifications, organizational structures, position descriptions, lines of progression, and seniority lists; (5) Leaves of absense, sick leave, or any other leave; (6) Fringe benefits available by virtue of employment, whether or not administered by the recipient; (7) Selection and financial support for training, including apprenticeship, professional meetings, conferences, and other relat… | ||||
| 34:34:1.2.1.1.3.2.113.2 | 34 | Education | I | 104 | PART 104—NONDISCRIMINATION ON THE BASIS OF HANDICAP IN PROGRAMS OR ACTIVITIES RECEIVING FEDERAL FINANCIAL ASSISTANCE | B | Subpart B—Employment Practices | § 104.12 Reasonable accommodation. | ED | [45 FR 30936, May 9, 2000, as amended at 65 FR 68054, Nov. 13, 2000] | (a) A recipient shall make reasonable accommodation to the known physical or mental limitations of an otherwise qualified handicapped applicant or employee unless the recipient can demonstrate that the accommodation would impose an undue hardship on the operation of its program or activity. (b) Reasonable accommodation may include: (1) Making facilities used by employees readily accessible to and usable by handicapped persons, and (2) Job restructuring, part-time or modified work schedules, acquisition or modification of equipment or devices, the provision of readers or interpreters, and other similar actions. (c) In determining pursuant to paragraph (a) of this section whether an accommodation would impose an undue hardship on the operation of a recipient's program or activity, factors to be considered include: (1) The overall size of the recipient's program or activity with respect to number of employees, number and type of facilities, and size of budget; (2) The type of the recipient's operation, including the composition and structure of the recipient's workforce; and (3) The nature and cost of the accommodation needed. (d) A recipient may not deny any employment opportunity to a qualified handicapped employee or applicant if the basis for the denial is the need to make reasonable accommodation to the physical or mental limitations of the employee or applicant. | ||||
| 34:34:1.2.1.1.3.2.113.3 | 34 | Education | I | 104 | PART 104—NONDISCRIMINATION ON THE BASIS OF HANDICAP IN PROGRAMS OR ACTIVITIES RECEIVING FEDERAL FINANCIAL ASSISTANCE | B | Subpart B—Employment Practices | § 104.13 Employment criteria. | ED | (a) A recipient may not make use of any employment test or other selection criterion that screens out or tends to screen out handicapped persons or any class of handicapped persons unless: (1) The test score or other selection criterion, as used by the recipient, is shown to be job-related for the position in question, and (2) Alternative job-related tests or criteria that do not screen out or tend to screen out as many handicapped persons are not shown by the Director to be available. (b) A recipient shall select and administer tests concerning employment so as best to ensure that, when administered to an applicant or employee who has a handicap that impairs sensory, manual, or speaking skills, the test results accurately reflect the applicant's or employee's job skills, aptitude, or whatever other factor the test purports to measure, rather than reflecting the applicant's or employee's impaired sensory, manual, or speaking skills (except where those skills are the factors that the test purports to measure). | |||||
| 34:34:1.2.1.1.3.2.113.4 | 34 | Education | I | 104 | PART 104—NONDISCRIMINATION ON THE BASIS OF HANDICAP IN PROGRAMS OR ACTIVITIES RECEIVING FEDERAL FINANCIAL ASSISTANCE | B | Subpart B—Employment Practices | § 104.14 Preemployment inquiries. | ED | (a) Except as provided in paragraphs (b) and (c) of this section, a recipient may not conduct a preemployment medical examination or may not make preemployment inquiry of an applicant as to whether the applicant is a handicapped person or as to the nature or severity of a handicap. A recipient may, however, make preemployment inquiry into an applicant's ability to perform job-related functions. (b) When a recipient is taking remedial action to correct the effects of past discrimination pursuant to § 104.6 (a), when a recipient is taking voluntary action to overcome the effects of conditions that resulted in limited participation in its federally assisted program or activity pursuant to § 104.6(b), or when a recipient is taking affirmative action pursuant to section 503 of the Act, the recipient may invite applicants for employment to indicate whether and to what extent they are handicapped, Provided, That: (1) The recipient states clearly on any written questionnaire used for this purpose or makes clear orally if no written questionnaire is used that the information requested is intended for use solely in connection with its remedial action obligations or its voluntary or affirmative action efforts; and (2) The recipient states clearly that the information is being requested on a voluntary basis, that it will be kept confidential as provided in paragraph (d) of this section, that refusal to provide it will not subject the applicant or employee to any adverse treatment, and that it will be used only in accordance with this part. (c) Nothing in this section shall prohibit a recipient from conditioning an offer of employment on the results of a medical examination conducted prior to the employee's entrance on duty, Provided, That: (1) All entering employees are subjected to such an examination regardless of handicap, and (2) The results of such an examination are used only in accordance with the requirements of this part. (d) Information obtained in accordance with this section as to the medical condition… | |||||
| 34:34:1.2.1.1.3.3.113.1 | 34 | Education | I | 104 | PART 104—NONDISCRIMINATION ON THE BASIS OF HANDICAP IN PROGRAMS OR ACTIVITIES RECEIVING FEDERAL FINANCIAL ASSISTANCE | C | Subpart C—Accessibility | § 104.21 Discrimination prohibited. | ED | No qualified handicapped person shall, because a recipient's facilities are inaccessible to or unusable by handicapped persons, be denied the benefits of, be excluded from participation in, or otherwise be subjected to discrimination under any program or activity to which this part applies. | |||||
| 34:34:1.2.1.1.3.3.113.2 | 34 | Education | I | 104 | PART 104—NONDISCRIMINATION ON THE BASIS OF HANDICAP IN PROGRAMS OR ACTIVITIES RECEIVING FEDERAL FINANCIAL ASSISTANCE | C | Subpart C—Accessibility | § 104.22 Existing facilities. | ED | [45 FR 30936, May 9, 1980, as amended at 65 FR 68055, Nov. 13, 2000] | (a) Accessibility. A recipient shall operate its program or activity so that when each part is viewed in its entirety, it is readily accessible to handicapped persons. This paragraph does not require a recipient to make each of its existing facilities or every part of a facility accessible to and usable by handicapped persons. (b) Methods. A recipient may comply with the requirements of paragraph (a) of this section through such means as redesign of equipment, reassignment of classes or other services to accessible buildings, assignment of aides to beneficiaries, home visits, delivery of health, welfare, or other social services at alternate accessible sites, alteration of existing facilities and construction of new facilities in conformance with the requirements of § 104.23, or any other methods that result in making its program or activity accessible to handicapped persons. A recipient is not required to make structural changes in existing facilities where other methods are effective in achieving compliance with paragraph (a) of this section. In choosing among available methods for meeting the requirement of paragraph (a) of this section, a recipient shall give priority to those methods that serve handicapped persons in the most integrated setting appropriate. (c) Small health, welfare, or other social service providers. If a recipient with fewer than fifteen employees that provides health, welfare, or other social services finds, after consultation with a handicapped person seeking its services, that there is no method of complying with paragraph (a) of this section other than making a significant alteration in its existing facilities, the recipient may, as an alternative, refer the handicapped person to other providers of those services that are accessible. (d) Time period. A recipient shall comply with the requirement of paragraph (a) of this section within sixty days of the effective date of this part except that where structural changes in facilities are necessary, such changes shall be made wit… | ||||
| 34:34:1.2.1.1.3.3.113.3 | 34 | Education | I | 104 | PART 104—NONDISCRIMINATION ON THE BASIS OF HANDICAP IN PROGRAMS OR ACTIVITIES RECEIVING FEDERAL FINANCIAL ASSISTANCE | C | Subpart C—Accessibility | § 104.23 New construction. | ED | [45 FR 30936, May 9, 1980; 45 FR 37426, June 3, 1980, as amended at 55 FR 52138, 52141, Dec. 19, 1990] | (a) Design and construction. Each facility or part of a facility constructed by, on behalf of, or for the use of a recipient shall be designed and constructed in such manner that the facility or part of the facility is readily accessible to and usable by handicapped persons, if the construction was commenced after the effective date of this part. (b) Alteration. Each facility or part of a facility which is altered by, on behalf of, or for the use of a recipient after the effective date of this part in a manner that affects or could affect the usability of the facility or part of the facility shall, to the maximum extent feasible, be altered in such manner that the altered portion of the facility is readily accessible to and usable by handicapped persons. (c) Conformance with Uniform Federal Accessibility Standards. (1) Effective as of January 18, 1991, design, construction, or alteration of buildings in conformance with sections 3-8 of the Uniform Federal Accessibility Standards (UFAS) (Appendix A to 41 CFR subpart 101-19.6) shall be deemed to comply with the requirements of this section with respect to those buildings. Departures from particular technical and scoping requirements of UFAS by the use of other methods are permitted where substantially equivalent or greater access to and usability of the building is provided. (2) For purposes of this section, section 4.1.6(1)(g) of UFAS shall be interpreted to exempt from the requirements of UFAS only mechanical rooms and other spaces that, because of their intended use, will not require accessibility to the public or beneficiaries or result in the employment or residence therein of persons with phusical handicaps. (3) This section does not require recipients to make building alterations that have little likelihood of being accomplished without removing or altering a load-bearing structural member. | ||||
| 34:34:1.2.1.1.3.4.113.1 | 34 | Education | I | 104 | PART 104—NONDISCRIMINATION ON THE BASIS OF HANDICAP IN PROGRAMS OR ACTIVITIES RECEIVING FEDERAL FINANCIAL ASSISTANCE | D | Subpart D—Preschool, Elementary, and Secondary Education | § 104.31 Application of this subpart. | ED | [45 FR 30936, May 9, 1980, as amended at 65 FR 68055, Nov. 13, 2000] | Subpart D applies to preschool, elementary, secondary, and adult education programs or activities that receive Federal financial assistance and to recipients that operate, or that receive Federal financial assistance for the operation of, such programs or activities. | ||||
| 34:34:1.2.1.1.3.4.113.2 | 34 | Education | I | 104 | PART 104—NONDISCRIMINATION ON THE BASIS OF HANDICAP IN PROGRAMS OR ACTIVITIES RECEIVING FEDERAL FINANCIAL ASSISTANCE | D | Subpart D—Preschool, Elementary, and Secondary Education | § 104.32 Location and notification. | ED | [45 FR 30936, May 9, 2000, as amended at 65 FR 68054, Nov. 13, 2000] | A recipient that operates a public elementary or secondary education program or activity shall annually: (a) Undertake to identify and locate every qualified handicapped person residing in the recipient's jurisdiction who is not receiving a public education; and (b) Take appropriate steps to notify handicapped persons and their parents or guardians of the recipient's duty under this subpart. | ||||
| 34:34:1.2.1.1.3.4.113.3 | 34 | Education | I | 104 | PART 104—NONDISCRIMINATION ON THE BASIS OF HANDICAP IN PROGRAMS OR ACTIVITIES RECEIVING FEDERAL FINANCIAL ASSISTANCE | D | Subpart D—Preschool, Elementary, and Secondary Education | § 104.33 Free appropriate public education. | ED | [45 FR 30936, May 9, 1980, as amended at 65 FR 68055, Nov. 13, 2000] | (a) General. A recipient that operates a public elementary or secondary education program or activity shall provide a free appropriate public education to each qualified handicapped person who is in the recipient's jurisdiction, regardless of the nature or severity of the person's handicap. (b) Appropriate education. (1) For the purpose of this subpart, the provision of an appropriate education is the provision of regular or special education and related aids and services that (i) are designed to meet individual educational needs of handicapped persons as adequately as the needs of nonhandicapped persons are met and (ii) are based upon adherence to procedures that satisfy the requirements of §§ 104.34, 104.35, and 104.36. (2) Implementation of an Individualized Education Program developed in accordance with the Education of the Handicapped Act is one means of meeting the standard established in paragraph (b)(1)(i) of this section. (3) A recipient may place a handicapped person or refer such a person for aid, benefits, or services other than those that it operates or provides as its means of carrying out the requirements of this subpart. If so, the recipient remains responsible for ensuring that the requirements of this subpart are met with respect to any handicapped person so placed or referred. (c) Free education —(1) General. For the purpose of this section, the provision of a free education is the provision of educational and related services without cost to the handicapped person or to his or her parents or guardian, except for those fees that are imposed on non-handicapped persons or their parents or guardian. It may consist either of the provision of free services or, if a recipient places a handicapped person or refers such person for aid, benefits, or services not operated or provided by the recipient as its means of carrying out the requirements of this subpart, of payment for the costs of the aid, benefits, or services. Funds available from any public or private agency may be used to meet the… | ||||
| 34:34:1.2.1.1.3.4.113.4 | 34 | Education | I | 104 | PART 104—NONDISCRIMINATION ON THE BASIS OF HANDICAP IN PROGRAMS OR ACTIVITIES RECEIVING FEDERAL FINANCIAL ASSISTANCE | D | Subpart D—Preschool, Elementary, and Secondary Education | § 104.34 Educational setting. | ED | (a) Academic setting. A recipient to which this subpart applies shall educate, or shall provide for the education of, each qualified handicapped person in its jurisdiction with persons who are not handicapped to the maximum extent appropriate to the needs of the handicapped person. A recipient shall place a handicapped person in the regular educational environment operated by the recipient unless it is demonstrated by the recipient that the education of the person in the regular environment with the use of supplementary aids and services cannot be achieved satisfactorily. Whenever a recipient places a person in a setting other than the regular educational environment pursuant to this paragraph, it shall take into account the proximity of the alternate setting to the person's home. (b) Nonacademic settings. In providing or arranging for the provision of nonacademic and extracurricular services and activities, including meals, recess periods, and the services and activities set forth in § 104.37(a)(2), a recipient shall ensure that handicapped persons participate with nonhandicapped persons in such activities and services to the maximum extent appropriate to the needs of the handicapped person in question. (c) Comparable facilities. If a recipient, in compliance with paragraph (a) of this section, operates a facility that is identifiable as being for handicapped persons, the recipient shall ensure that the facility and the services and activities provided therein are comparable to the other facilities, services, and activities of the recipient. | |||||
| 34:34:1.2.1.1.3.4.113.5 | 34 | Education | I | 104 | PART 104—NONDISCRIMINATION ON THE BASIS OF HANDICAP IN PROGRAMS OR ACTIVITIES RECEIVING FEDERAL FINANCIAL ASSISTANCE | D | Subpart D—Preschool, Elementary, and Secondary Education | § 104.35 Evaluation and placement. | ED | [45 FR 30936, May 9, 1980, as amended at 65 FR 68055, Nov. 13, 2000] | (a) Preplacement evaluation. A recipient that operates a public elementary or secondary education program or activity shall conduct an evaluation in accordance with the requirements of paragraph (b) of this section of any person who, because of handicap, needs or is belived to need special education or related services before taking any action with respect to the initial placement of the person in regular or special education and any subsequent significant change in placement. (b) Evaluation procedures. A recipient to which this subpart applies shall establish standards and procedures for the evaluation and placement of persons who, because of handicap, need or are believed to need special education or related services which ensure that: (1) Tests and other evaluation materials have been validated for the specific purpose for which they are used and are administered by trained personnel in conformance with the instructions provided by their producer; (2) Tests and other evaluation materials include those tailored to assess specific areas of educational need and not merely those which are designed to provide a single general intelligence quotient; and (3) Tests are selected and administered so as best to ensure that, when a test is administered to a student with impaired sensory, manual, or speaking skills, the test results accurately reflect the student's aptitude or achievement level or whatever other factor the test purports to measure, rather than reflecting the student's impaired sensory, manual, or speaking skills (except where those skills are the factors that the test purports to measure). (c) Placement procedures. In interpreting evaluation data and in making placement decisions, a recipient shall (1) draw upon information from a variety of sources, including aptitude and achievement tests, teacher recommendations, physical condition, social or cultural background, and adaptive behavior, (2) establish procedures to ensure that information obtained from all such sources is documented and careful… | ||||
| 34:34:1.2.1.1.3.4.113.6 | 34 | Education | I | 104 | PART 104—NONDISCRIMINATION ON THE BASIS OF HANDICAP IN PROGRAMS OR ACTIVITIES RECEIVING FEDERAL FINANCIAL ASSISTANCE | D | Subpart D—Preschool, Elementary, and Secondary Education | § 104.36 Procedural safeguards. | ED | [45 FR 30936, May 9, 1980, as amended at 65 FR 68054, Nov. 13, 2000] | A recipient that operates a public elementary or secondary education program or activity shall establish and implement, with respect to actions regarding the identification, evaluation, or educational placement of persons who, because of handicap, need or are believed to need special instruction or related services, a system of procedural safeguards that includes notice, an opportunity for the parents or guardian of the person to examine relevant records, an impartial hearing with opportunity for participation by the person's parents or guardian and representation by counsel, and a review procedure. Compliance with the procedural safeguards of section 615 of the Education of the Handicapped Act is one means of meeting this requirement. | ||||
| 34:34:1.2.1.1.3.4.113.7 | 34 | Education | I | 104 | PART 104—NONDISCRIMINATION ON THE BASIS OF HANDICAP IN PROGRAMS OR ACTIVITIES RECEIVING FEDERAL FINANCIAL ASSISTANCE | D | Subpart D—Preschool, Elementary, and Secondary Education | § 104.37 Nonacademic services. | ED | [45 FR 30936, May 9, 1980, as amended at 65 FR 68055, Nov. 13, 2000] | (a) General. (1) A recipient to which this subpart applies shall provide non-academic and extracurricular services and activities in such manner as is necessary to afford handicapped students an equal opportunity for participation in such services and activities. (2) Nonacademic and extracurricular services and activities may include counseling services, physical recreational athletics, transportation, health services, recreational activities, special interest groups or clubs sponsored by the recipients, referrals to agencies which provide assistance to handicapped persons, and employment of students, including both employment by the recipient and assistance in making available outside employment. (b) Counseling services. A recipient to which this subpart applies that provides personal, academic, or vocational counseling, guidance, or placement services to its students shall provide these services without discrimination on the basis of handicap. The recipient shall ensure that qualified handicapped students are not counseled toward more restrictive career objectives than are nonhandicapped students with similar interests and abilities. (c) Physical education and athletics. (1) In providing physical education courses and athletics and similar aid, benefits, or services to any of its students, a recipient to which this subpart applies may not discriminate on the basis of handicap. A recipient that offers physical education courses or that operates or sponsors interscholastic, club, or intramural athletics shall provide to qualified handicapped students an equal opportunity for participation. (2) A recipient may offer to handicapped students physical education and athletic activities that are separate or different from those offered to nonhandicapped students only if separation or differentiation is consistent with the requirements of § 104.34 and only if no qualified handicapped student is denied the opportunity to compete for teams or to participate in courses that are not separate or different. | ||||
| 34:34:1.2.1.1.3.4.113.8 | 34 | Education | I | 104 | PART 104—NONDISCRIMINATION ON THE BASIS OF HANDICAP IN PROGRAMS OR ACTIVITIES RECEIVING FEDERAL FINANCIAL ASSISTANCE | D | Subpart D—Preschool, Elementary, and Secondary Education | § 104.38 Preschool and adult education. | ED | [65 FR 68055, Nov. 13, 2000] | A recipient to which this subpart applies that provides preschool education or day care or adult education may not, on the basis of handicap, exclude qualified handicapped persons and shall take into account the needs of such persons in determining the aid, benefits or services to be provided. | ||||
| 34:34:1.2.1.1.3.4.113.9 | 34 | Education | I | 104 | PART 104—NONDISCRIMINATION ON THE BASIS OF HANDICAP IN PROGRAMS OR ACTIVITIES RECEIVING FEDERAL FINANCIAL ASSISTANCE | D | Subpart D—Preschool, Elementary, and Secondary Education | § 104.39 Private education. | ED | [45 FR 30936, May 9, 1980, as amended at 65 FR 68055, Nov. 13, 2000] | (a) A recipient that provides private elementary or secondary education may not, on the basis of handicap, exclude a qualified handicapped person if the person can, with minor adjustments, be provided an appropriate education, as defined in § 104.33(b)(1), within that recipient's program or activity. (b) A recipient to which this section applies may not charge more for the provision of an appropriate education to handicapped persons than to nonhandicapped persons except to the extent that any additional charge is justified by a substantial increase in cost to the recipient. (c) A recipient to which this section applies that provides special education shall do so in accordance with the provisions of §§ 104.35 and 104.36. Each recipient to which this section applies is subject to the provisions of §§ 104.34, 104.37, and 104.38. |
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title_number INTEGER,
title_name TEXT,
chapter TEXT,
subchapter TEXT,
part_number TEXT,
part_name TEXT,
subpart TEXT,
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section_number TEXT,
section_heading TEXT,
agency TEXT,
authority TEXT,
source_citation TEXT,
amendment_citations TEXT,
full_text TEXT
);
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CREATE INDEX idx_cfr_agency ON cfr_sections(agency);