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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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| 14:14:2.0.1.3.19.0.9.1 | 14 | Aeronautics and Space | I | F | 105 | PART 105—PARACHUTE OPERATIONS | § 105.1 Applicability. | FAA | (a) Except as provided in paragraphs (b) and (c) of this section, this part prescribes rules governing parachute operations conducted in the United States. (b) This part does not apply to a parachute operation conducted— (1) In response to an in-flight emergency, or (2) To meet an emergency on the surface when it is conducted at the direction or with the approval of an agency of the United States, or of a State, Puerto Rico, the District of Columbia, or a possession of the United States, or an agency or political subdivision thereof. (c) Sections 105.5, 105.9, 105.13, 105.15, 105.17, 105.19 through 105.23, 105.25(a)(1) and 105.27 of this part do not apply to a parachute operation conducted by a member of an Armed Force— (1) Over or within a restricted area when that area is under the control of an Armed Force. (2) During military operations in uncontrolled airspace. | ||||||
| 14:14:2.0.1.3.19.0.9.2 | 14 | Aeronautics and Space | I | F | 105 | PART 105—PARACHUTE OPERATIONS | § 105.3 Definitions. | FAA | For the purposes of this part— Approved parachute means a parachute manufactured under a type certificate or a Technical Standard Order (C-23 series), or a personnel-carrying U.S. military parachute (other than a high altitude, high speed, or ejection type) identified by a Navy Air Facility, an Army Air Field, and Air Force-Navy drawing number, an Army Air Field order number, or any other military designation or specification number. Automatic Activation Device means a self-contained mechanical or electro-mechanical device that is attached to the interior of the reserve parachute container, which automatically initiates parachute deployment of the reserve parachute at a pre-set altitude, time, percentage of terminal velocity, or combination thereof. Direct Supervision means that a certificated rigger personally observes a non-certificated person packing a main parachute to the extent necessary to ensure that it is being done properly, and takes responsibility for that packing. Drop Zone means any pre-determined area upon which parachutists or objects land after making an intentional parachute jump or drop. The center-point target of a drop zone is expressed in nautical miles from the nearest VOR facility when 30 nautical miles or less; or from the nearest airport, town, or city depicted on the appropriate Coast and Geodetic Survey World Aeronautical Chart or Sectional Aeronautical Chart, when the nearest VOR facility is more than 30 nautical miles from the drop zone. Foreign parachutist means a parachutist who is neither a U.S. citizen or a resident alien and is participating in parachute operations within the United States using parachute equipment not manufctured in the United States. Freefall means the portion of a parachute jump or drop between aircraft exit and parachute deployment in which the parachute is activated manually by the parachutist at the parachutist's discretion or automatically, or, in the case of an object, is activated automatically. Main parachute means a parachute worn as the… | ||||||
| 14:14:2.0.1.3.19.0.9.3 | 14 | Aeronautics and Space | I | F | 105 | PART 105—PARACHUTE OPERATIONS | § 105.5 General. | FAA | No person may conduct a parachute operation, and no pilot in command of an aircraft may allow a parachute operation to be conducted from an aircraft, if that operation creates a hazard to air traffic or to persons or property on the surface. | ||||||
| 14:14:2.0.1.3.19.0.9.4 | 14 | Aeronautics and Space | I | F | 105 | PART 105—PARACHUTE OPERATIONS | § 105.7 Use of alcohol and drugs. | FAA | No person may conduct a parachute operation, and no pilot in command of an aircraft may allow a person to conduct a parachute operation from that aircraft, if that person is or appears to be under the influence of— (a) Alcohol, or (b) Any drug that affects that person's faculties in any way contrary to safety. | ||||||
| 14:14:2.0.1.3.19.0.9.5 | 14 | Aeronautics and Space | I | F | 105 | PART 105—PARACHUTE OPERATIONS | § 105.9 Inspections. | FAA | The Administrator may inspect any parachute operation to which this part applies (including inspections at the site where the parachute operation is being conducted) to determine compliance with the regulations of this part. | ||||||
| 14:14:2.0.1.3.19.1.9.1 | 14 | Aeronautics and Space | I | F | 105 | PART 105—PARACHUTE OPERATIONS | B | Subpart B—Operating Rules | § 105.13 Radio equipment and use requirements. | FAA | (a) Except when otherwise authorized by air traffic control— (1) No person may conduct a parachute operation, and no pilot in command of an aircraft may allow a parachute operation to be conducted from that aircraft, in or into controlled airspace unless, during that flight— (i) The aircraft is equipped with a functioning two-way radio communication system appropriate to the air traffic control facilities being used; and (ii) Radio communications have been established between the aircraft and the air traffic control facility having jurisdiction over the affected airspace of the first intended exit altitude at least 5 minutes before the parachute operation begins. The pilot in command must establish radio communications to receive information regarding air traffic activity in the vicinity of the parachute operation. (2) The pilot in command of an aircraft used for any parachute operation in or into controlled airspace must, during each flight— (i) Continuously monitor the appropriate frequency of the aircraft's radio communications system from the time radio communications are first established between the aircraft and air traffic control, until the pilot advises air traffic control that the parachute operation has ended for that flight. (ii) Advise air traffic control when the last parachutist or object leaves the aircraft. (b) Parachute operations must be aborted if, prior to receipt of a required air traffic control authorization, or during any parachute operation in or into controlled airspace, the required radio communications system is or becomes inoperative. | ||||
| 14:14:2.0.1.3.19.1.9.2 | 14 | Aeronautics and Space | I | F | 105 | PART 105—PARACHUTE OPERATIONS | B | Subpart B—Operating Rules | § 105.15 Information required and notice of cancellation or postponement of a parachute operation. | FAA | (a) Each person requesting an authorization under §§ 105.21(b) and 105.25(a)(2) of this part and each person submitting a notification under § 105.25(a)(3) of this part must provide the following information (on an individual or group basis): (1) The date and time the parachute operation will begin. (2) The radius of the drop zone around the target expressed in nautical miles. (3) The location of the center of the drop zone in relation to— (i) The nearest VOR facility in terms of the VOR radial on which it is located and its distance in nautical miles from the VOR facility when that facility is 30 nautical miles or less from the drop zone target; or (ii) the nearest airport, town, or city depicted on the appropriate Coast and Geodetic Survey World Aeronautical Chart or Sectional Aeronautical Chart, when the nearest VOR facility is more than 30 nautical miles from the drop zone target. (4) Each altitude above mean sea level at which the aircraft will be operated when parachutists or objects exist the aircraft. (5) The duration of the intended parachute operation. (6) The name, address, and telephone number of the person who requests the authorization or gives notice of the parachute operation. (7) The registration number of the aircraft to be used. (8) The name of the air traffic control facility with jurisdiction of the airspace at the first intended exit altitude to be used for the parachute operation. (b) Each holder of a certificate of authorization issued under §§ 105.21(b) and 105.25(b) of this part must present that certificate for inspection upon the request of the Administrator or any Federal, State, or local official. (c) Each person requesting an authorization under §§ 105.21(b) and 105.25(a)(2) of this part and each person submitting a notice under § 105.25(a)(3) of this part must promptly notify the air traffic control facility having jurisdiction over the affected airspace if the proposed or scheduled parachute operation is canceled or postponed. | ||||
| 14:14:2.0.1.3.19.1.9.3 | 14 | Aeronautics and Space | I | F | 105 | PART 105—PARACHUTE OPERATIONS | B | Subpart B—Operating Rules | § 105.17 Flight visibility and clearance from cloud requirements. | FAA | No person may conduct a parachute operation, and no pilot in command of an aircraft may allow a parachute operation to be conducted from that aircraft— (a) Into or through a cloud, or (b) When the flight visibility or the distance from any cloud is less than that prescribed in the following table: | ||||
| 14:14:2.0.1.3.19.1.9.4 | 14 | Aeronautics and Space | I | F | 105 | PART 105—PARACHUTE OPERATIONS | B | Subpart B—Operating Rules | § 105.19 Parachute operations between sunset and sunrise. | FAA | (a) No person may conduct a parachute operation, and no pilot in command of an aircraft may allow a person to conduct a parachute operation from an aircraft between sunset and sunrise, unless the person or object descending from the aircraft displays a light that is visible for at least 3 statute miles. (b) The light required by paragraph (a) of this section must be displayed from the time that the person or object is under a properly functioning open parachute until that person or object reaches the surface. | ||||
| 14:14:2.0.1.3.19.1.9.5 | 14 | Aeronautics and Space | I | F | 105 | PART 105—PARACHUTE OPERATIONS | B | Subpart B—Operating Rules | § 105.21 Parachute operations over or into a congested area or an open-air assembly of persons. | FAA | (a) No person may conduct a parachute operation, and no pilot in command of an aircraft may allow a parachute operation to be conducted from that aircraft, over or into a congested area of a city, town, or settlement, or an open-air assembly of persons unless a certificate of authorization for that parachute operation has been issued under this section. However, a parachutist may drift over a congested area or an open-air assembly of persons with a fully deployed and properly functioning parachute if that parachutist is at a sufficient altitude to avoid creating a hazard to persons or property on the surface. (b) An application for a certificate of authorization issued under this section must— (1) Be made in the form and manner prescribed by the Administrator, and (2) Contain the information required in § 105.15(a) of this part. (c) Each holder of, and each person named as a participant in a certificate of authorization issued under this section must comply with all requirements contained in the certificate of authorization. (d) Each holder of a certificate of authorization issued under this section must present that certificate for inspection upon the request of the Administrator, or any Federal, State, or local official. | ||||
| 14:14:2.0.1.3.19.1.9.6 | 14 | Aeronautics and Space | I | F | 105 | PART 105—PARACHUTE OPERATIONS | B | Subpart B—Operating Rules | § 105.23 Parachute operations over or onto airports. | FAA | No person may conduct a parachute operation, and no pilot in command of an aircraft may allow a parachute operation to be conducted from that aircraft, over or onto any airport unless— (a) For airports with an operating control tower: (1) Prior approval has been obtained from the management of the airport to conduct parachute operations over or on that airport. (2) Approval has been obtained from the control tower to conduct parachute operations over or onto that airport. (3) Two-way radio communications are maintained between the pilot of the aircraft involved in the parachute operation and the control tower of the airport over or onto which the parachute operation is being conducted. (b) For airports without an operating control tower, prior approval has been obtained from the management of the airport to conduct parachute operations over or on that airport. (c) A parachutist may drift over that airport with a fully deployed and properly functioning parachute if the parachutist is at least 2,000 feet above that airport's traffic pattern, and avoids creating a hazard to air traffic or to persons and property on the ground. | ||||
| 14:14:2.0.1.3.19.1.9.7 | 14 | Aeronautics and Space | I | F | 105 | PART 105—PARACHUTE OPERATIONS | B | Subpart B—Operating Rules | § 105.25 Parachute operations in designated airspace. | FAA | (a) No person may conduct a parachute operation, and no pilot in command of an aircraft may allow a parachute operation to be conducted from that aircraft— (1) Over or within a restricted area or prohibited area unless the controlling agency of the area concerned has authorized that parachute operation; (2) Within or into a Class A, B, C, D airspace area without, or in violation of the requirements of, an air traffic control authorization issued under this section; (3) Except as provided in paragraph (c) and (d) of this section, within or into Class E or G airspace area unless the air traffic control facility having jurisdiction over the airspace at the first intended exit altitude is notified of the parachute operation no earlier than 24 hours before or no later than 1 hour before the parachute operation begins. (b) Each request for a parachute operation authorization or notification required under this section must be submitted to the air traffic control facility having jurisdiction over the airspace at the first intended exit altitude and must include the information prescribed by § 105.15(a) of this part. (c) For the purposes of paragraph (a)(3) of this section, air traffic control facilities may accept a written notification from an organization that conducts parachute operations and lists the scheduled series of parachute operations to be conducted over a stated period of time not longer than 12 calendar months. The notification must contain the information prescribed by § 105.15(a) of this part, identify the responsible persons associated with that parachute operation, and be submitted at least 15 days, but not more than 30 days, before the parachute operation begins. The FAA may revoke the acceptance of the notification for any failure of the organization conducting the parachute operations to comply with its requirements. (d) Paragraph (a)(3) of this section does not apply to a parachute operation conducted by a member of an Armed Force within a restricted area that extends upward from the surface … | ||||
| 14:14:2.0.1.3.19.2.9.1 | 14 | Aeronautics and Space | I | F | 105 | PART 105—PARACHUTE OPERATIONS | C | Subpart C—Parachute Equipment and Packing | § 105.41 Applicability. | FAA | This subpart prescribed rules governing parachute equipment used in civil parachute operations. | ||||
| 14:14:2.0.1.3.19.2.9.2 | 14 | Aeronautics and Space | I | F | 105 | PART 105—PARACHUTE OPERATIONS | C | Subpart C—Parachute Equipment and Packing | § 105.43 Use of single-harness, dual-parachute systems. | FAA | [Docket FAA-1999-5483, 66 FR 23553, May 9, 2001, as amended by Amdt. 105-13, 73 FR 69531, Nov. 19, 2008] | No person may conduct a parachute operation using a single-harness, dual-parachute system, and no pilot in command of an aircraft may allow any person to conduct a parachute operation from that aircraft using a single-harness, dual-parachute system, unless that system has at least one main parachute, one approved reserve parachute, and one approved single person harness and container that are packed as follows: (a) The main parachute must have been packed within 180 days before the date of its use by a certificated parachute rigger, the person making the next jump with that parachute, or a non-certificated person under the direct supervision of a certificated parachute rigger. (b) The reserve parachute must have been packed by a certificated parachute rigger— (1) Within 180 days before the date of its use, if its canopy, shroud, and harness are composed exclusively of nylon, rayon, or similar synthetic fiber or material that is substantially resistant to damage from mold, mildew, and other fungi, and other rotting agents propagated in a moist environment; or (2) Within 60 days before the date of its use, if it is composed of any amount of silk, pongee, or other natural fiber, or material not specified in paragraph (b)(1) of this section. (c) If installed, the automatic activation device must be maintained in accordance with manufacturer instructions for that automatic activation device. | |||
| 14:14:2.0.1.3.19.2.9.3 | 14 | Aeronautics and Space | I | F | 105 | PART 105—PARACHUTE OPERATIONS | C | Subpart C—Parachute Equipment and Packing | § 105.45 Use of tandem parachute systems. | FAA | (a) No person may conduct a parachute operation using a tandem parachute system, and no pilot in command of an aircraft may allow any person to conduct a parachute operation from that aircraft using a tandem parachute system, unless— (1) One of the parachutists using the tandem parachute system is the parachutist in command, and meets the following requirements: (i) Has a minimum of 3 years of experience in parachuting, and must provide documentation that the parachutist— (ii) Has completed a minimum of 500 freefall parachute jumps using a ram-air parachute, and (iii) Holds a master parachute license issued by an organization recognized by the FAA, and (iv) Has successfully completed a tandem instructor course given by the manufacturer of the tandem parachute system used in the parachute operation or a course acceptable to the Administrator. (v) Has been certified by the appropriate parachute manufacturer or tandem course provider as being properly trained on the use of the specific tandem parachute system to be used. (2) The person acting as parachutist in command: (i) Has briefed the passenger parachutist before boarding the aircraft. The briefing must include the procedures to be used in case of an emergency with the aircraft or after exiting the aircraft, while preparing to exit and exiting the aircraft, freefall, operating the parachute after freefall, landing approach, and landing. (ii) Uses the harness position prescribed by the manufacturer of the tandem parachute equipment. (b) No person may make a parachute jump with a tandem parachute system unless— (1) The main parachute has been packed by a certificated parachute rigger, the parachutist in command making the next jump with that parachute, or a person under the direct supervision of a certificated parachute rigger. (2) The reserve parachute has been packed by a certificated parachute rigger in accordance with § 105.43(b) of this part. (3) The tandem parachute system contains an operational automatic activation device for the reserve parac… | ||||
| 14:14:2.0.1.3.19.2.9.4 | 14 | Aeronautics and Space | I | F | 105 | PART 105—PARACHUTE OPERATIONS | C | Subpart C—Parachute Equipment and Packing | § 105.47 Use of static lines. | FAA | (a) Except as provided in paragraph (c) of this section, no person may conduct a parachute operation using a static line attached to the aircraft and the main parachute unless an assist device, described and attached as follows, is used to aid the pilot chute in performing its function, or, if no pilot chute is used, to aid in the direct deployment of the main parachute canopy. The assist device must— (1) Be long enough to allow the main parachute container to open before a load is placed on the device. (2) Have a static load strength of— (i) At least 28 pounds but not more than 160 pounds if it is used to aid the pilot chute in performing its function; or (ii) At least 56 pounds but not more than 320 pounds if it is used to aid in the direct deployment of the main parachute canopy; and (3) Be attached as follows: (i) At one end, to the static line above the static-line pins or, if static-line pins are not used, above the static-line ties to the parachute cone. (ii) At the other end, to the pilot chute apex, bridle cord, or bridle loop, or, if no pilot chute is used, to the main parachute canopy. (b) No person may attach an assist device required by paragraph (a) of this section to any main parachute unless that person is a certificated parachute rigger or that person makes the next parachute jump with that parachute. (c) An assist device is not required for parachute operations using direct-deployed, ram-air parachutes. | ||||
| 14:14:2.0.1.3.19.2.9.5 | 14 | Aeronautics and Space | I | F | 105 | PART 105—PARACHUTE OPERATIONS | C | Subpart C—Parachute Equipment and Packing | § 105.49 Foreign parachutists and equipment. | FAA | (a) No person may conduct a parachute operation, and no pilot in command of an aircraft may allow a parachute operation to be conducted from that aircraft with an unapproved foreign parachute system unless— (1) The parachute system is worn by a foreign parachutist who is the owner of that system. (2) The parachute system is of a single-harness dual parachute type. (3) The parachute system meets the civil aviation authority requirements of the foreign parachutist's country. (4) All foreign non-approved parachutes deployed by a foreign parachutist during a parachute operation conducted under this section shall be packed as follows— (i) The main parachute must be packed by the foreign parachutist making the next parachute jump with that parachute, a certificated parachute rigger, or any other person acceptable to the Administrator. (ii) The reserve parachute must be packed in accordance with the foreign parachutist's civil aviation authority requirements, by a certificated parachute rigger, or any other person acceptable to the Administrator. | ||||
| 21:21:2.0.1.1.5.1.1.1 | 21 | Food and Drugs | I | B | 105 | PART 105—FOODS FOR SPECIAL DIETARY USE | A | Subpart A—General Provisions | § 105.3 Definitions and interpretations. | FDA | [42 FR 14328, Mar. 15, 1977, as amended at 44 FR 16006, Mar. 16, 1979; 44 FR 49665, Aug. 24, 1979] | The definitions and interpretations of terms contained in section 201 of the Federal Food, Drug, and Cosmetic Act (hereafter “the act”) shall be applicable with the following additions: (a)(1) The term special dietary uses, as applied to food for man, means particular (as distinguished from general) uses of food, as follows: (i) Uses for supplying particular dietary needs which exist by reason of a physical, physiological, pathological or other condition, including but not limited to the conditions of diseases, convalescence, pregnancy, lactation, allergic hypersensitivity to food, underweight, and overweight; (ii) Uses for supplying particular dietary needs which exist by reason of age, including but not limited to the ages of infancy and childhood; (iii) Uses for supplementing or fortifying the ordinary or usual diet with any vitamin, mineral, or other dietary property. Any such particular use of a food is a special dietary use, regardless of whether such food also purports to be or is represented for general use. (2) The use of an artificial sweetener in a food, except when specifically and solely used for achieving a physical characteristic in the food which cannot be achieved with sugar or other nutritive sweetener, shall be considered a use for regulation of the intake of calories and available carbohydrate, or for use in the diets of diabetics and is therefore a special dietary use. (b)-(d) [Reserved] (e) For the purposes of the regulations in this part, the terms infant, child, and adult mean persons not more than 12 months old, more than 12 months but less than 12 years old, and 12 years or more old, respectively. | |||
| 21:21:2.0.1.1.5.2.1.1 | 21 | Food and Drugs | I | B | 105 | PART 105—FOODS FOR SPECIAL DIETARY USE | B | Subpart B—Label Statements | § 105.62 Hypoallergenic foods. | FDA | If a food purports to be or is represented for special dietary use by reason of the decrease or absence of any allergenic property or by reason of being offered as food suitable as a substitute for another food having an allergenic property, the label shall bear: (a) The common or usual name and the quantity or proportion of each ingredient (including spices, flavoring, and coloring) in case the food is fabricated from two or more ingredients. (b) A qualification of the name of the food, or the name of each ingredient thereof in case the food is fabricated from two or more ingredients, to reveal clearly the specific plant or animal that is the source of such food or of such ingredient, if such food or such ingredient consists in whole or in part of plant or animal matter and such name does not reveal clearly the specific plant or animal that is such a source. (c) An informative statement of the nature and effect of any treatment or processing of the food or any ingredient thereof, if the changed allergenic property results from such treatment or processing. | ||||
| 21:21:2.0.1.1.5.2.1.2 | 21 | Food and Drugs | I | B | 105 | PART 105—FOODS FOR SPECIAL DIETARY USE | B | Subpart B—Label Statements | § 105.65 Infant foods. | FDA | [42 FR 14328, Mar. 15, 1977, as amended at 47 FR 947, Jan. 8, 1982; 49 FR 10090, Mar. 19, 1984; 50 FR 1840, Jan. 14, 1985] | (a) If a food (other than a dietary supplement of vitamins and/or minerals alone) purports to be or is represented for special dietary use for infants, the label shall bear, if such food is fabricated from two or more ingredients, the common or usual name of each ingredient, including spices, flavoring, and coloring. (b) If such food, or any ingredient thereof, consists in whole or in part of plant or animal matter and the name of such food or ingredient does not clearly reveal the specific plant or animal which is its source, such name shall be so qualified as to reveal clearly the specific plant or animal that is such source. | |||
| 21:21:2.0.1.1.5.2.1.3 | 21 | Food and Drugs | I | B | 105 | PART 105—FOODS FOR SPECIAL DIETARY USE | B | Subpart B—Label Statements | § 105.66 Label statements relating to usefulness in reducing or maintaining body weight. | FDA | [58 FR 2430, Jan. 6, 1993] | (a) General requirements. Any food that purports to be or is represented for special dietary use because of usefulness in reducing or maintaining body weight shall bear: (1) Nutrition labeling in conformity with § 101.9, or, where applicable, § 101.36 of this chapter, unless exempt under that section; and (2) A conspicuous statement of the basis upon which the food claims to be of special dietary usefulness. (b) Nonnutritive ingredients. (1) Any food subject to paragraph (a) of this section that achieves its special dietary usefulness by use of a nonnutritive ingredient (i.e., one not utilized in normal metabolism) shall bear on its label a statement that it contains a nonnutritive ingredient and the percentage by weight of the nonnutritive ingredient. (2) A special dietary food may contain a nonnutritive sweetener or other ingredient only if the ingredient is safe for use in the food under the applicable law and regulations of this chapter. Any food that achieves its special dietary usefulness in reducing or maintaining body weight through the use of a nonnutritive sweetener shall bear on its label the statement required by paragraph (b)(1) of this section, but need not state the percentage by weight of the nonnutritive sweetener. If a nutritive sweetener(s) as well as nonnutritive sweetener(s) is added, the statement shall indicate the presence of both types of sweetener, e.g., “Sweetened with nutritive sweetener(s) and nonnutritive sweetener(s).” (c) “Low calorie” foods. A food purporting to be “low calorie” must comply with the criteria set forth for such foods in § 101.60(b)(2) and (b)(3) of this chapter. (d) “Reduced calorie” foods and other comparative calorie claims. A food purporting to be “reduced calorie” or otherwise containing fewer calories than a reference food must comply with the criteria set forth for such food in § 101.60(b)(4) and (b)(5) of this chapter. (e) Label terms suggesting usefulness as low calorie or reduced calorie foods. (1) Except as provided in paragraphs (e)(2) a… | |||
| 28:28:2.0.1.1.44.2.31.1 | 28 | Judicial Administration | I | 105 | B | Subpart B—Aviation Training for Aliens and Other Designated Individuals | § 105.10 Definitions, purpose, and scope. | DOJ | (a) Definitions. ATSA means the Aviation and Transportation Security Act, Public Law 107-71. Candidate means any person who is an alien as defined in section 101(a)(3) of the Immigration and Nationality Act, 8 U.S.C. 1101(a)(3), or a person specified by the Under Secretary of Transportation for Security, who seeks training in the operation of an aircraft with a maximum certificated takeoff weight of 12,500 pounds or more from a Provider. Certificates with ratings recognized by the United States means a valid pilot or flight engineer certificate with ratings issued by the United States, or a valid foreign pilot or flight engineer license issued by a member of the Assembly of the International Civil Aviation Organization, as established by Article 43 of the Convention on International Civil Aviation. Notification means providing the information required under this regulation in the format and manner specified. Provider means a person or entity subject to regulation under Title 49 Subtitle VII, Part A, United States Code. This definition includes individual training providers, training centers, certificated carriers, and flight schools. Virtually all private providers of instruction in the operation of aircraft with a maximum certificated takeoff weight of 12,500 pounds or more are covered by section 113 of ATSA (49 U.S.C. 44939) and are therefore subject to this rule. Providers located in countries other than the United States are included in this definition to the extent that they are providing training leading to a United States license, certification, or rating. Providers who “dry-lease” simulator equipment to individuals or entities for use within the United States are deemed to be providing the training themselves if the lessee is not subject to regulation under Title 49. Providers located in countries other than the United States who are providing training that does not lead to a United States pilot or flight engineer certification, or rating are not included in this definition. When the Department… | ||||||
| 28:28:2.0.1.1.44.2.31.2 | 28 | Judicial Administration | I | 105 | B | Subpart B—Aviation Training for Aliens and Other Designated Individuals | § 105.11 Individuals not requiring a security risk assessment. | DOJ | (a) Citizens and nationals of the United States. A citizen or national of the United States is not subject to section 113 of ATSA unless otherwise designated by the Under Secretary of Transportation for Security. A Provider must determine whether a prospective trainee is a citizen or national of the United States prior to providing training in the operation of an aircraft with a maximum certificated takeoff weight of 12,500 pounds or more. To establish United States citizenship or nationality, the prospective trainee must show the Provider from whom he or she seeks training any of the following documents as proof of United States citizenship or nationality: (1) A valid, unexpired United States passport; (2) An original or government-issued certified birth certificate with a registrar's raised, embossed, impressed or multicolored seal, registrar's signature, and the date the certificate was filed with the registrar's office, which must be within 1 year of birth, together with a government-issued picture identification of the individual named in the birth certificate (the birth certificate must establish that the person was born in the United States or in an outlying possession, as defined in section 101(a)(29) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(29))); (3) An original United States naturalization certificate with raised seal, INS Form N-550 or INS Form N-570, together with a government-issued picture identification of the individual named in the certificate; (4) An original certification of birth abroad with raised seal, Department of State Form FS-545 or Form DS-1350, together with a government-issued picture identification of the individual named in the certificate; (5) An original certificate of United States citizenship with raised seal, INS Form N-560 or Form N-561, together with a government-issued picture identification of the individual named in the certificate; or (6) In the case of training provided to a federal employee (including military personnel) pursuant to a contract b… | ||||||
| 28:28:2.0.1.1.44.2.31.3 | 28 | Judicial Administration | I | 105 | B | Subpart B—Aviation Training for Aliens and Other Designated Individuals | § 105.12 Notification for candidates eligible for expedited processing. | DOJ | (a) Expedited processing. The Attorney General has determined that providing aviation training to certain categories of candidates presents a minimal additional risk to aviation or national security because of the aviation training already possessed by these individuals or because of risk assessments conducted by other agencies. Therefore, the following categories of candidates are eligible for expedited processing, unless the candidate is an individual specified by the Under Secretary of Transportation for Security: (1) Foreign nationals who are current and qualified as pilot in command, second in command, or flight engineer with respective certificates with ratings recognized by the FAA for aircraft with a maximum certificated takeoff weight of over 12,500 pounds, or who are currently employed and qualified by U.S. regulated air carriers as pilots on aircraft with a maximum certificated takeoff weight of 12,500 pounds or more; (2) Foreign nationals who are commercial, governmental, corporate, or military pilots of aircraft with a maximum certificated takeoff weight of 12,500 pounds or more who are receiving training on a particular aircraft in connection with the sale of that aircraft, provided that the training provided is limited to familiarization ( i.e., training required by one who is already a competent pilot to become proficient in configurations and variations of a new aircraft) and not initial qualification or type rating; or (3) Foreign military or law enforcement personnel who must receive training on a particular aircraft given by the United States to a foreign government pursuant to a draw-down authorized by the President under section 506(a)(2) of the Foreign Assistance Act of 1961, as amended (22 U.S.C. 2318(a)(2)), if the training provided is limited to familiarization. (b) Notification. Before a Provider may conduct training for a candidate eligible for expedited processing under paragraph (a) of this section, the Provider must submit the following information to the Department: (1) T… | ||||||
| 28:28:2.0.1.1.44.2.31.4 | 28 | Judicial Administration | I | 105 | B | Subpart B—Aviation Training for Aliens and Other Designated Individuals | § 105.13 Notification for candidates not eligible for expedited processing. | DOJ | (a) A Provider must submit a complete Flight Training Candidate Checks Program (FTCCP) form and arrange for the submission of fingerprints to the Department in accordance with this section prior to providing flight training, except with respect to persons whom the Provider has determined, as provided in § 105.11 of this part, are not subject to a security risk assessment. A separate FTCCP form must be submitted for each course or instance of training requested by a candidate. A set of fingerprints must be submitted in accordance with this rule prior to the commencement of any training. Where a Provider enlists the assistance of another Provider in training a candidate, no additional request need be submitted, as long as the specific instance of training has been approved. (b) The completed FTCCP form must be sent to the Attorney General via electronic submission at https://www.flightschoolcandidates.gov. The form must be submitted no more than three months prior to the proposed training dates. No paper submissions of this form will be accepted. (1) In order to ensure that such electronic submissions are made by FAA certificated training providers, Providers must receive initial access to the system through the FAA. Providers should register through their local FAA Flight Standards District Offices. The FAA has decided that registration will be only by appointment. Upon registration, Providers will be sent (via electronic mail) an access password to use the system. (2) Candidates may complete the online FTCCP form at https://www.flightschoolcandidates.gov to reduce the burden on the Provider. After the form has been completed by a candidate, it will be forwarded electronically to the Provider for verification that the candidate is a bona fide applicant. Verification by the Provider will be considered submission of the form for purposes of paragraph (a) of this section. To reduce the burden on the candidates, personal information needs only to be updated, rather than reentered, for each subsequent training… | ||||||
| 28:28:2.0.1.1.44.2.31.5 | 28 | Judicial Administration | I | 105 | B | Subpart B—Aviation Training for Aliens and Other Designated Individuals | § 105.14 Risk assessment for candidates. | DOJ | (a) It is the responsibility of the Department of Justice to conduct a risk assessment for each candidate. The Department has made an initial determination that providing training to the aliens in the categories set forth in § 105.12(a) of this part presents minimal additional risk to aviation or national security and therefore has established an expedited processing procedure for these aliens. Based on the information contained in each FTCCP form and the corresponding set of fingerprints, the Department will determine whether a candidate not granted expedited processing presents a risk to aviation or national security. (b) After submission of the FTCCP form by the Provider, the Department will perform a preliminary risk assessment. (1) If the Department determines that a candidate does not present a risk to aviation or national security as a result of the preliminary risk assessment, the candidate or the Provider will be notified electronically that the Provider may supply the candidate with the appropriate materials and instructions to complete the fingerprinting process described in § 105.13(c) and (d) of this part. (2) If the Department determines that the candidate presents a risk to aviation or national security, when appropriate, it will notify the Provider electronically that training is prohibited. (3) For each complete training request submitted by a Provider, the Department will promptly conduct an appropriate risk assessment. Every effort will be made to respond to a training request in the briefest time possible. In routine cases, the Department anticipates granting approval to train within a fraction of the 45-day notification period after receiving a complete, properly submitted request, including fingerprints. In the unlikely event that no notification or authorization by the Department has occurred within 45 days after the proper submission under these regulations of all the required information, the Provider may proceed with the training, upon establishing the candidate's identity in accorda… | ||||||
| 28:28:2.0.1.1.44.3.31.1 | 28 | Judicial Administration | I | 105 | C | Subpart C—Private Security Officer Employment | § 105.21 Purpose and authority. | DOJ | (a) The purpose of this subpart is to regulate the exchange of criminal history record information (“CHRI”), as defined in 28 CFR 20.3(d), and related information authorized by Section 6402 (The Private Security Officer Employment Authorization Act of 2004) (Act) of Public Law 108-458 (The Intelligence Reform and Terrorism Prevention Act of 2004). Section 6402 authorizes a fingerprint-based criminal history check of state and national criminal history records to screen prospective and current private security officers, and section 6402(d)(2) requires the Attorney General to publish regulations to provide for the “security, confidentiality, accuracy, use, submission, dissemination, destruction of information and audits, and record keeping” of the CHRI and related information, standards for qualifying an authorized employer, and the imposition of fees. (b) The regulations in this subpart do not displace state licensing requirements for private security officers. A State retains the right to impose its own licensing requirements upon this industry. | ||||||
| 28:28:2.0.1.1.44.3.31.2 | 28 | Judicial Administration | I | 105 | C | Subpart C—Private Security Officer Employment | § 105.22 Definitions. | DOJ | As used in this subpart: (a) Authorized employer means any person that employs private security officers and is authorized by the regulations in this subpart to request a criminal history record information search of an employee through a state identification bureau. An employer is not authorized within the meaning of these regulations if it has not executed and submitted to the appropriate state agency the certification required in § 105.25(g), if its authority to do business in a State has been suspended or revoked pursuant to state law, or, in those states that regulate private security officers, the employer has been found to be out of compliance with any mandatory standards or requirements established by the appropriate regulatory agency or entity. (b) Employee means both a current employee and an applicant for employment as a private security officer. (c) Charged , with respect to a criminal felony, means being subject to a complaint, indictment, or information. (d) Felony means a crime punishable by imprisonment for more than one year, regardless of the period of imprisonment actually imposed. (e) Participating State means a State that has not elected to opt out of participating in the Act by statutory enactment or gubernatorial order. A State may decline to participate in the background check system authorized by the Act by enacting a law or issuing an order by the Governor (if consistent with state law) providing that the State is declining to participate. The regulations in this subpart that pertain to States apply only to participating states. (f) Person means an individual, partnership, firm, company, corporation or institution that performs security services, whether for a third party for consideration or as an internal, proprietary function. (g) Private Security Officer means an individual other than an employee of a Federal, State, or local government whose primary duty is to perform security services, full or part time, for consideration, whether armed or unarmed and in uniform… | ||||||
| 28:28:2.0.1.1.44.3.31.3 | 28 | Judicial Administration | I | 105 | C | Subpart C—Private Security Officer Employment | § 105.23 Procedure for requesting criminal history record check. | DOJ | These procedures only apply to participating states. An authorized employer may obtain a State and national criminal history record check as authorized by section 6402 of Public Law 105-458 as follows: (a) An authorized employer is required to execute a certification to the State, developed by the SIB or the relevant state agency for purposes of accepting requests for these background checks, declaring that it is an authorized employer that employs private security officers; that all fingerprints and requests for criminal history background checks are being submitted for private security officers; that it will use the information obtained as a result of the state and national criminal history record checks solely for the purpose of screening its private security officers; and that it will abide by other regulatory obligations. To help ensure that only legitimate use is made of this authority, the certification shall be executed under penalties of perjury, false statement, or other applicable state laws. (b) An authorized employer must obtain a set of fingerprints and the written consent of its employee to submit those prints for a state and national criminal history record check. An authorized employer must submit the fingerprints and appropriate state and federal fees to the SIB in the manner specified by the SIB. (c) Upon receipt of an employee's fingerprints, the SIB shall perform a fingerprint-based search of its criminal records. If no relevant criminal record is found, the SIB shall submit the fingerprints to the FBI for a national search. (d) Upon the conclusion of the national search, the FBI will disseminate the results to the SIB. (e) Based upon the results of the state check and, if necessary, the national check: (1) If the State has standards for qualifying a private security officer, the SIB or other designated state agency shall apply those standards to the CHRI and notify the authorized employer of the results of the application of the state standards; or (2) If the State does not have stand… | ||||||
| 28:28:2.0.1.1.44.3.31.4 | 28 | Judicial Administration | I | 105 | C | Subpart C—Private Security Officer Employment | § 105.24 Employee's rights. | DOJ | An employee is entitled to: (a) Obtain a copy from the authorized employer of any information concerning the employee provided under these regulations to the authorized employer by the participating State; (b) Determine the status of his or her CHRI by contacting the SIB or other state agency providing information to the authorized employer; and (c) Challenge the CHRI by contacting the agency originating the record or complying with the procedures contained in 28 CFR 16.34. | ||||||
| 28:28:2.0.1.1.44.3.31.5 | 28 | Judicial Administration | I | 105 | C | Subpart C—Private Security Officer Employment | § 105.25 Authorized employer's responsibilities. | DOJ | An authorized employer is responsible for: (a) Executing and providing to the appropriate state agency the certification to the State required under § 105.23(a) before a State can accept requests on private security guard employees; (b) Obtaining the written consent of an employee to submit the employee's fingerprints for purposes of a CHRI check as described herein; (c) Submitting an employee's fingerprints and appropriate state and federal fees to the SIB not later than one year after the date the employee's consent is obtained; (d) Retaining an employee's written consent to submit his fingerprints for a criminal history record check for a period of no less than three years from the date the consent was last used to request a CHRI check; (e) Upon request, providing an employee with confidential access to and a copy of the information provided to the employer by the SIB; and (f) Maintaining the confidentiality and security of the information contained in a participating State's notification by: (1) Storing the information in a secure container located in a limited access office or space; (2) Limiting access to the information strictly to personnel involved in the employer's personnel and administration functions; and (3) Establishing internal rules on the handling and dissemination of such information and training personnel with such access on such rules, on the need to safeguard and control the information, and on the consequences of failing to abide by such rules. | ||||||
| 28:28:2.0.1.1.44.3.31.6 | 28 | Judicial Administration | I | 105 | C | Subpart C—Private Security Officer Employment | § 105.26 State agency's responsibilities. | DOJ | (a) Each State will determine whether it will opt out of participation by statutory enactment or gubernatorial order and communicating such determination to the Attorney General. Failure to inform the Attorney General of the determination will result in a State being considered a participating State. (b) Each participating State is responsible for: (1) Determining whether to establish a fee to perform a check of state criminal history records and related fees for administering the Act; (2) Developing a certification form for execution by authorized employers under § 105.25(a) and receiving authorized employers' certifications; (3) Receiving the fingerprint submissions and fees from the authorized employer; performing a check of state criminal history records; if necessary, transmitting the fingerprints to the FBI; remitting the FBI fees consistent with established interagency agreements; and receiving the results of the FBI check; (4) Applying the relevant standards to any CHRI returned by the fingerprint check and notifying the authorized employer of the results of the application of the standards as required under § 105.23(e); (5) Providing to an employee upon his or her request a copy of CHRI upon which an adverse determination was predicated; and (6) Maintaining, for a period of no less than three years, auditable records regarding (i) Maintenance and dissemination of CHRI; and (ii) The employer's certification. (c) If relevant CHRI is lacking disposition information, the SIB or responsible agency in a participating State will make reasonable efforts to obtain such information to promote the accuracy of the record and the integrity of the application of the relevant standards. If additional time beyond a State's standard response time is needed to find relevant disposition information, the SIB or responsible agency may advise the authorized employer that additional research is necessary before a final response can be provided. If raised, a participating State should take into account the effect of p… | ||||||
| 28:28:2.0.1.1.44.3.31.7 | 28 | Judicial Administration | I | 105 | C | Subpart C—Private Security Officer Employment | § 105.27 Miscellaneous provisions. | DOJ | (a) Alternate State availability. (1) An authorized employer may submit the employee's fingerprints to the SIB of a participating State other than the State of employment—provided it obtains the permission of the accommodating State—if the authorized employer is prevented from submitting an employee's fingerprints because the employee's employment is in: (i) A State that does not have an applicable Public Law 92-544 statute authorizing state and national fingerprint-based criminal history checks of prospective and current private security officers and has elected to opt out; or (ii) A participating State that has not yet established a process for receiving fingerprints and processing the checks under the regulations in this subpart. (2) A participating State agreeing to process checks under this subsection will discontinue doing so if thereafter the State of the employee's employment establishes a process State and national fingerprint-based criminal history checks of prospective and current private security officers. (b) FBI fees for national check. The fee imposed by the FBI to perform a fingerprint-based criminal history record check is that routinely charged for noncriminal justice fingerprint submissions as periodically noticed in the Federal Register. (c) Penalties for misuse. (1) In addition to incarceration for a period not to exceed two years, one who knowingly and intentionally misuses information (including a State's notification) received pursuant to the Act may be subject to a fine pursuant to 18 U.S.C. 3571. (2) Consistent with State law, a violation of these regulations may also result in the divestiture of “authorized employer” status, thereby precluding an employer which provides security services from submitting fingerprints for a State and national criminal history record check. (d) Exclusion from coverage. [Reserved] | ||||||
| 33:33:1.0.1.8.54.1.26.1 | 33 | Navigation and Navigable Waters | I | H | 105 | PART 105—MARITIME SECURITY: FACILITIES | A | Subpart A—General | § 105.100 Definitions. | USCG | Except as specifically stated in this subpart, the definitions in part 101 of this subchapter apply to this part. | ||||
| 33:33:1.0.1.8.54.1.26.10 | 33 | Navigation and Navigable Waters | I | H | 105 | PART 105—MARITIME SECURITY: FACILITIES | A | Subpart A—General | § 105.140 Alternative Security Program. | USCG | [USCG-2003-14732, 68 FR 39322, July 1, 2003, as amended by USCG-2020-0304, 85 FR 58278, Sept. 18, 2020] | (a) A facility owner or operator may use an Alternative Security Program approved under § 101.120 of this subchapter if: (1) The Alternative Security Program is appropriate to that facility; (2) The Alternative Security Program is implemented in its entirety. (b) A facility owner or operator using an Alternative Security Program approved under § 101.120 of this subchapter must complete and submit to the cognizant COTP a Facility Vulnerability and Security Measures Summary (Form CG-6025). The form is available at https://www.dcms.uscg.mil/forms/ . | |||
| 33:33:1.0.1.8.54.1.26.11 | 33 | Navigation and Navigable Waters | I | H | 105 | PART 105—MARITIME SECURITY: FACILITIES | A | Subpart A—General | § 105.145 Maritime Security (MARSEC) Directive. | USCG | Each facility owner or operator subject to this part must comply with any instructions contained in a MARSEC Directive issued under § 101.405 of this subchapter. | ||||
| 33:33:1.0.1.8.54.1.26.12 | 33 | Navigation and Navigable Waters | I | H | 105 | PART 105—MARITIME SECURITY: FACILITIES | A | Subpart A—General | § 105.150 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. | ||||
| 33:33:1.0.1.8.54.1.26.2 | 33 | Navigation and Navigable Waters | I | H | 105 | PART 105—MARITIME SECURITY: FACILITIES | A | Subpart A—General | § 105.105 Applicability. | USCG | [USCG-2003-14732, 68 FR 39322, July 1, 2003, as amended at 68 FR 60541, Oct. 22, 2003; USCG-2006-24196, 72 FR 55048, Sept. 28, 2007] | (a) The requirements in this part apply to the owner or operator of any U.S.: (1) Facility subject to 33 CFR parts 126, 127, or 154; (2) Facility that receives vessels certificated to carry more than 150 passengers, except those vessels not carrying and not embarking or disembarking passengers at the facility; (3) Facility that receives vessels subject to the International Convention for Safety of Life at Sea, 1974, chapter XI; (4) Facility that receives foreign cargo vessels greater than 100 gross register tons; (5) Facility that receives U.S. cargo vessels, greater than 100 gross register tons, subject to 46 CFR chapter I, subchapter I, except for those facilities that receive only commercial fishing vessels inspected under 46 CFR part 105; or (6) Barge fleeting facility that receives barges carrying, in bulk, cargoes regulated by 46 CFR chapter I, subchapters D or O, or Certain Dangerous Cargoes. (b) An owner or operator of any facility not covered in paragraph (a) of this section is subject to parts 101 through 103 of this subchapter. (c) This part does not apply to the owner or operator of the following U.S. facilities: (1) A facility owned or operated by the U.S. that is used primarily for military purposes. (2) An oil and natural gas production, exploration, or development facility regulated by 33 CFR parts 126 or 154 if: (i) The facility is engaged solely in the exploration, development, or production of oil and natural gas; and (ii) The facility does not meet or exceed the operating conditions in § 106.105 of this subchapter; (3) A facility that supports the production, exploration, or development of oil and natural gas regulated by 33 CFR parts 126 or 154 if: (i) The facility is engaged solely in the support of exploration, development, or production of oil and natural gas and transports or stores quantities of hazardous materials that do not meet or exceed those specified in 49 CFR 172.800(b)(1) through (b)(6); or (ii) The facility stores less than 42,000 gallons of cargo regulated by 33… | |||
| 33:33:1.0.1.8.54.1.26.3 | 33 | Navigation and Navigable Waters | I | H | 105 | PART 105—MARITIME SECURITY: FACILITIES | A | Subpart A—General | § 105.106 Public access areas. | USCG | [USCG-2003-14732, 68 FR 39322, July 1, 2003, as amended at 68 FR 60540, Oct. 22, 2003] | (a) A facility serving ferries or passenger vessels certificated to carry more than 150 passengers, other than cruise ships, may designate an area within the facility as a public access area. (b) A public access area is a defined space within a facility that is open to all persons and provides pedestrian access through the facility from public thoroughfares to the vessel. | |||
| 33:33:1.0.1.8.54.1.26.4 | 33 | Navigation and Navigable Waters | I | H | 105 | PART 105—MARITIME SECURITY: FACILITIES | A | Subpart A—General | § 105.110 Exemptions. | USCG | [USCG-2007-28915, 81 FR 57711, Aug. 23, 2016] | (a) A public access area designated under § 105.106 is exempt from the requirements for screening of persons, baggage, and personal effects and identification of persons in subpart E of part 101 of this subchapter, as applicable, in §§ 105.255 and 105.285(a)(1). (b) An owner or operator of any general shipyard facility as defined in § 101.105 of this subchapter is exempt from the requirements of this part unless the facility— (1) Is subject to parts 126, 127, or 154 of this chapter; or (2) Provides any other service to vessels subject to part 104 of this subchapter not related to construction, repair, rehabilitation, refurbishment, or rebuilding. (c) Public access facility. (1) The COTP may exempt a public access facility from the requirements of this part, including establishing conditions for which such an exemption is granted, to ensure that adequate security is maintained. (2) The owner or operator of any public access facility exempted under this section must— (i) Comply with any COTP conditions for the exemption; and (ii) Ensure that the cognizant COTP has the appropriate information for contacting the individual with security responsibilities for the public access facility at all times. (3) The cognizant COTP may withdraw the exemption for a public access facility at any time the owner or operator fails to comply with any requirement of the COTP as a condition of the exemption or any measure ordered by the COTP pursuant to existing COTP authority. (d) An owner or operator of a facility is not subject to this part if the facility receives only vessels to be laid-up, dismantled, or otherwise placed out of commission provided that the vessels are not carrying and do not receive cargo or passengers at that facility. (e) Barge fleeting facilities without shore side access are exempt from the requirements in 33 CFR 101.535(b)(1). | |||
| 33:33:1.0.1.8.54.1.26.5 | 33 | Navigation and Navigable Waters | I | H | 105 | PART 105—MARITIME SECURITY: FACILITIES | A | Subpart A—General | § 105.115 Compliance dates. | USCG | [USCG-2007-28915, 81 FR 57712, Aug. 23, 2016] | (a) Facility owners or operators must submit to the cognizant Captain of the Port (COTP) for each facility— (1) The Facility Security Plan (FSP) described in subpart D of this part for review and approval; or (2) If intending to operate under an approved Alternative Security Program, a letter signed by the facility owner or operator stating which approved Alternative Security Program the owner or operator intends to use. (b) Facility owners or operators wishing to designate only those portions of their facility that are directly connected to maritime transportation or are at risk of being involved in a transportation security incident as their secure area(s) must do so by submitting an amendment to their FSP to their cognizant COTP, in accordance with § 105.415. (c) By August 23, 2018, owners and operators of facilities subject to this part must amend their FSPs to indicate how they will implement the TWIC requirements in this subchapter. By August 23, 2018, owners and operators of facilities subject to this part must be operating in accordance with the TWIC provisions found within this subchapter. | |||
| 33:33:1.0.1.8.54.1.26.6 | 33 | Navigation and Navigable Waters | I | H | 105 | PART 105—MARITIME SECURITY: FACILITIES | A | Subpart A—General | § 105.120 Compliance documentation. | USCG | [USCG-2003-14732, 68 FR 39322, July 1, 2003, as amended at 68 FR 60541, Oct. 22, 2003; USCG-2007-28915, 81 FR 57712, Aug. 23, 2016] | Each facility owner or operator subject to this part must ensure that copies of the following documentation are available at the facility and are made available to the Coast Guard upon request: (a) The approved Facility Security Plan (FSP), as well as any approved revisions or amendments thereto, and a letter of approval from the COTP dated within the last 5 years; (b) The FSP submitted for approval and an acknowledgement letter from the COTP stating that the Coast Guard is currently reviewing the FSP submitted for approval, and that the facility may continue to operate so long as the facility remains in compliance with the submitted FSP; or (c) For facilities operating under a Coast Guard-approved Alternative Security Program as provided in § 105.140, a copy of the Alternative Security Program the facility is using, including a facility 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 facility owner or operator, stating which Alternative Security Program the facility is using and certifying that the facility is in full compliance with that program. | |||
| 33:33:1.0.1.8.54.1.26.7 | 33 | Navigation and Navigable Waters | I | H | 105 | PART 105—MARITIME SECURITY: FACILITIES | A | Subpart A—General | § 105.125 Noncompliance. | USCG | [USCG-2003-14732, 68 FR 60541, Oct. 22, 2003] | When a facility must temporarily deviate from the requirements of this part, the facility owner or operator must notify the cognizant COTP, and either suspend operations or request and receive permission from the COTP to continue operating. | |||
| 33:33:1.0.1.8.54.1.26.8 | 33 | Navigation and Navigable Waters | I | H | 105 | PART 105—MARITIME SECURITY: FACILITIES | A | Subpart A—General | § 105.130 Waivers. | USCG | [USCG-2003-14732, 68 FR 39322, July 1, 2003; 68 FR 41916, July 16, 2003; 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 facility owner or operator may apply for a waiver of any requirement of this part that the facility owner or operator considers unnecessary in light of the nature or operating conditions of the facility, prior to operating. 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 facility owner or operator to provide data for use in 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 facility, its employees, visiting vessels, or ports. | |||
| 33:33:1.0.1.8.54.1.26.9 | 33 | Navigation and Navigable Waters | I | H | 105 | PART 105—MARITIME SECURITY: FACILITIES | A | Subpart A—General | § 105.135 Equivalents. | USCG | For any measure required by this part, the facility owner or operator may propose an equivalent as provided in § 101.130 of this subchapter. | ||||
| 33:33:1.0.1.8.54.2.26.1 | 33 | Navigation and Navigable Waters | I | H | 105 | PART 105—MARITIME SECURITY: FACILITIES | B | Subpart B—Facility Security Requirements | § 105.200 Owner or operator. | USCG | [USCG-2003-14732, 68 FR 39322, July 1, 2003, as amended at 68 FR 60541, Oct. 22, 2003; USCG-2006-24196, 72 FR 3582, Jan. 25, 2007; USCG-2013-0397, 78 FR 39173, July 1, 2013; USCG-2007-28915, 81 FR 57712, Aug. 23, 2016; USCG-2013-1087, 84 FR 12119, Apr. 1, 2019] | (a) Each facility owner or operator must ensure that the facility operates in compliance with the requirements of this part. (b) For each facility, the facility owner or operator must— (1) Define the organizational structure of the security personnel and provide each person exercising security duties and responsibilities the support needed to fulfill those obligations; (2) Designate, in writing, by name or by title, a Facility Security Officer (FSO) and identify how the officer can be contacted at any time; (3) Ensure that a Facility Security Assessment (FSA) is conducted; (4) Ensure the development and submission for approval of a Facility Security Plan (FSP); (5) Ensure that the facility operates in compliance with the approved FSP; (6) Ensure that the Transportation Worker Identification Credential (TWIC) program is properly implemented as set forth in this subchapter, including— (i) Ensuring that only individuals who hold a TWIC and are authorized to be in the secure area in accordance with the FSP are permitted to serve as an escort; (ii) Identifying what action is to be taken by an escort, or other authorized individual, in the event that individuals under escort engage in activities other than those for which escorted access was granted; and (iii) Notifying facility employees, and passengers if applicable, of which parts of the facility are secure areas and which are public access areas, as applicable, and ensuring such areas are clearly marked. (7) Ensure that restricted areas are controlled and TWIC provisions are coordinated, if applied to such restricted areas; (8) Ensure that adequate coordination of security issues takes place between the facility and vessels that call on it, including the execution of a Declaration of Security (DoS) as required by this part; (9) Ensure implementation of a system, in accordance with § 105.237, coordinating shore leave for vessel personnel or crew change-out, as well as access through the facility for visitors to the vessel, as described in § 105.237(b)(3… | |||
| 33:33:1.0.1.8.54.2.26.10 | 33 | Navigation and Navigable Waters | I | H | 105 | PART 105—MARITIME SECURITY: FACILITIES | B | Subpart B—Facility Security Requirements | § 105.240 Procedures for interfacing with vessels. | USCG | The facility owner or operator must ensure that there are measures for interfacing with vessels at all MARSEC Levels. | ||||
| 33:33:1.0.1.8.54.2.26.11 | 33 | Navigation and Navigable Waters | I | H | 105 | PART 105—MARITIME SECURITY: FACILITIES | B | Subpart B—Facility Security Requirements | § 105.245 Declaration of Security (DoS). | USCG | [USCG-2003-14732, 68 FR 39322, July 1, 2003, as amended at 68 FR 60541, Oct. 22, 2003] | (a) Each facility owner or operator must ensure procedures are established for requesting a DoS and for handling DoS requests from a vessel. (b) At MARSEC Level 1, a facility receiving a cruise ship or a manned vessel carrying Certain Dangerous Cargo, in bulk, must comply with the following: (1) Prior to the arrival of a vessel to the facility, the Facility Security Officer (FSO) and Master, Vessel Security Officer (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; and (2) Upon the arrival of the vessel at the facility, the FSO and Master, VSO, or their designated representative, must sign the written DoS. (c) Neither the facility nor the vessel may embark or disembark passengers, nor transfer cargo or vessel stores until the DoS has been signed and implemented. (d) At MARSEC Levels 2 and 3, the FSOs, or their designated representatives, of facilities interfacing with manned vessels subject to part 104, of this subchapter must sign and implement DoSs as required in (b)(1) and (2) of this section. (e) At MARSEC Levels 1 and 2, FSOs of facilities that frequently interface with the same vessel may implement a continuing DoS for multiple visits, provided that: (1) The DoS is valid for a specific MARSEC Level; (2) The effective period at MARSEC Level 1 does not exceed 90 days; and (3) The effective period at MARSEC Level 2 does not exceed 30 days. (f) When the MARSEC Level increases beyond that contained in the DoS, the continuing DoS is void and a new DoS must be executed in accordance with this section. (g) A copy of all currently valid continuing DoSs must be kept with the Facility Security Plan. (h) The COTP may require, at any time, at any MARSEC Level, any facility subject to this part to implement a DoS with the VSO prior to any vessel-to-facility interface when he or she deems it necessary. | |||
| 33:33:1.0.1.8.54.2.26.12 | 33 | Navigation and Navigable Waters | I | H | 105 | PART 105—MARITIME SECURITY: FACILITIES | B | Subpart B—Facility Security Requirements | § 105.250 Security systems and equipment maintenance. | USCG | (a) Security systems and equipment must be in good working order and inspected, tested, calibrated, and maintained according to manufacturers' recommendations. (b) Security systems must be regularly tested in accordance with the manufacturers' recommendations; noted deficiencies corrected promptly; and the results recorded as required in § 105.225 of this subpart. (c) The FSP must include procedures for identifying and responding to security system and equipment failures or malfunctions. | ||||
| 33:33:1.0.1.8.54.2.26.13 | 33 | Navigation and Navigable Waters | I | H | 105 | PART 105—MARITIME SECURITY: FACILITIES | B | Subpart B—Facility Security Requirements | § 105.253 Risk Group classifications for facilities. | USCG | [USCG-2007-28915, 81 FR 57712, Aug. 23, 2016, as amended by USCG-2017-0711, 85 FR 13516, Mar. 9, 2020; USCG-2023-0265, 88 FR 23350, Apr. 17, 2023; USCG-2022-0052, 89 FR 86739, Oct. 31, 2024] | (a) For purposes of the Transportation Worker Identification Credential (TWIC) requirements of this subchapter, the following facilities subject to this part are in Risk Group A: (1) Beginning June 8, 2020: Facilities that receive vessels certificated to carry more than 1,000 passengers. (2) Beginning May 8, 2029: Facilities that handle Certain Dangerous Cargoes (CDC) in bulk and transfer such cargoes from or to a vessel. (3) Beginning May 8, 2029: Facilities that handle CDC in bulk, but do not transfer it from or to a vessel. (4) Beginning May 8, 2029: Facilities that receive vessels carrying CDC in bulk but, during the vessel-to-facility interface, do not transfer it from or to the vessel. (b) Facilities may move from one Risk Group classification to another, based on the material they handle or the types of vessels they receive at any given time. An owner or operator of a facility expected to move between Risk Groups must explain, in the Facility Security Plan, the timing of such movements, as well as how the facility will move between the requirements of the higher and lower Risk Groups, with particular attention to the security measures to be taken when moving from a lower Risk Group to a higher Risk Group. | |||
| 33:33:1.0.1.8.54.2.26.14 | 33 | Navigation and Navigable Waters | I | H | 105 | PART 105—MARITIME SECURITY: FACILITIES | B | Subpart B—Facility Security Requirements | § 105.255 Security measures for access control. | USCG | [USCG-2006-24196, 72 FR 3583, Jan. 25, 2007, as amended by USCG-2007-28915, 81 FR 57712, Aug. 23, 2016] | (a) General. The facility 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 the facility; (3) Control access to the facility; and (4) Prevent an unescorted individual from entering an area of the facility 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 in a facility in Risk Group A must pass electronic TWIC inspection and those seeking unescorted access to a secure area in a facility not in Risk Group A must pass either electronic TWIC inspection or visual TWIC inspection. (b) The facility owner or operator must ensure that the following are specified: (1) The locations where restrictions or prohibitions that prevent unauthorized access are applied for each MARSEC Level, including those points where TWIC access control provisions will be applied. Each location allowing means of access to the facility must be addressed; (2) The types of restrictions or prohibitions 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, in accordance with § 101.515 of this subchapter, and procedures for escorting them; (4) Procedures for identifying authorized and unauthorized persons at any MARSEC level; and (5) The locations where persons, personal effects and vehicle screenings are to be conducted. The designated screening areas should be covered to provide for continuous operations regardless of the weather conditions. (c) The facility owner or operator must establish in the approved Facility Security Plan (FSP) the frequency of application of any access controls, particularly if they are to be applied on a random or occasiona… | |||
| 33:33:1.0.1.8.54.2.26.15 | 33 | Navigation and Navigable Waters | I | H | 105 | PART 105—MARITIME SECURITY: FACILITIES | B | Subpart B—Facility Security Requirements | § 105.257 Security measures for newly-hired employees. | USCG | [USCG-2006-24196, 72 FR 3584, Jan. 25, 2007, as amended by USCG-2013-0397, 78 FR 39173, July 1, 2013; 78 FR 41305, July 10, 2013; USCG-2007-28915, 81 FR 57712, Aug. 23, 2016; USCG-2022-0323, 88 FR 10029, Feb. 16, 2023] | (a) Newly-hired facility employees may be granted entry to secure areas of the facility 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 facility. 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 facility employees may be granted the access provided for in paragraph (a) of this section 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 facility owner or operator or the Facility Security Officer (FSO) 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 facility owner or operator or the FSO 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 facility owner or operator or FSO 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 facility operations if the new hire is not allowed access. … | |||
| 33:33:1.0.1.8.54.2.26.16 | 33 | Navigation and Navigable Waters | I | H | 105 | PART 105—MARITIME SECURITY: FACILITIES | B | Subpart B—Facility Security Requirements | § 105.260 Security measures for restricted areas. | USCG | (a) General. The facility 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 in the facility; (3) Protect the facility; (4) Protect vessels using and serving the facility; (5) Protect sensitive security areas within the facility; (6) Protect security and surveillance equipment and systems; and (7) Protect cargo and vessel stores from tampering. (b) Designation of Restricted Areas. The facility owner or operator must ensure restricted areas are designated within the facility. They must also ensure that all restricted areas are clearly marked and indicate that access to the area is restricted and that unauthorized presence within the area constitutes a breach of security. The facility owner or operator may also designate the entire facility as a restricted area. Restricted areas must include, as appropriate: (1) Shore areas immediately adjacent to each vessel moored at the facility; (2) Areas containing sensitive security information, including cargo documentation; (3) Areas containing security and surveillance equipment and systems and their controls, and lighting system controls; and (4) Areas containing critical facility infrastructure, including: (i) Water supplies; (ii) Telecommunications; (iii) Electrical system; and (iv) Access points for ventilation and air-conditioning systems; (5) Manufacturing or processing areas and control rooms; (6) Locations in the facility where access by vehicles and personnel should be restricted; (7) Areas designated for loading, unloading or storage of cargo and stores; and (8) Areas containing cargo consisting of dangerous goods or hazardous substances, including certain dangerous cargoes. (c) The owner or operator must ensure that all restricted areas have clearly established security measures to: (1) Identify which facility personnel are authorized to have access; (2) Determine which persons other than facility personnel are authorized to have … | ||||
| 33:33:1.0.1.8.54.2.26.17 | 33 | Navigation and Navigable Waters | I | H | 105 | PART 105—MARITIME SECURITY: FACILITIES | B | Subpart B—Facility Security Requirements | § 105.265 Security measures for handling cargo. | USCG | [USCG-2003-14732, 68 FR 39322, July 1, 2003, as amended at 68 FR 60541, Oct. 22, 2003] | (a) General. The facility owner or operator must ensure that security measures relating to cargo handling, some of which may have to be applied in liaison with the vessel, are implemented in order to: (1) Deter tampering; (2) Prevent cargo that is not meant for carriage from being accepted and stored at the facility without the knowing consent of the facility owner or operator; (3) Identify cargo that is approved for loading onto vessels interfacing with the facility; (4) Include cargo control procedures at access points to the facility; (5) Identify cargo that is accepted for temporary storage in a restricted area while awaiting loading or pick up; (6) Restrict the entry of cargo to the facility that does not have a confirmed date for loading, as appropriate; (7) Ensure the release of cargo only to the carrier specified in the cargo documentation; (8) 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 procedure; and (9) Create, update, and maintain a continuous inventory of all dangerous goods and hazardous substances from receipt to delivery within the facility, giving the location of those dangerous goods and hazardous substances. (b) MARSEC Level 1. At MARSEC Level 1, the facility owner or operator must ensure the implementation of measures to: (1) Unless unsafe to do so, routinely check cargo, cargo transport units, and cargo storage areas within the facility prior to, and during, cargo handling operations for evidence of tampering; (2) Check that cargo, containers, or other cargo transport units entering the facility match the delivery note or equivalent cargo documentation; (3) Screen vehicles; and (4) Check seals and other methods used to prevent tampering upon entering the facility and upon storage within the facility. (c) MARSEC Level 2. In addition to the security measures required for MARSEC Level 1 in this section, at MARSEC Level 2, the… | |||
| 33:33:1.0.1.8.54.2.26.18 | 33 | Navigation and Navigable Waters | I | H | 105 | PART 105—MARITIME SECURITY: FACILITIES | B | Subpart B—Facility Security Requirements | § 105.270 Security measures for delivery of vessel stores and bunkers. | USCG | (a) General. The facility 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; (4) For vessels that routinely use a facility, establish and execute standing arrangements between the vessel, its suppliers, and a facility regarding notification and the timing of deliveries and their documentation; and (5) Check vessel stores by the following means: (i) Visual examination; (ii) Physical examination; (iii) Detection devices, such as scanners; or (iv) Canines. (b) MARSEC Level 1. At MARSEC Level 1, the facility owner or operator must ensure the implementation of measures to: (1) Screen vessel stores at the rate specified in the approved Facility Security Plan (FSP); (2) Require advance notification of vessel stores or bunkers delivery, including a list of stores, delivery vehicle driver information, and vehicle registration information; (3) Screen delivery vehicles at the frequencies specified in the approved FSP; and (4) Escort delivery vehicles within the facility at the rate specified by the approved FSP. (c) MARSEC Level 2. In addition to the security measures required for MARSEC Level 1 in this section, at MARSEC Level 2, the facility owner or operator must also ensure the implementation of additional security measures, as specified for MARSEC Level 2 in the approved FSP. These additional security measures may include: (1) Detailed screening of vessel stores; (2) Detailed screening of all delivery vehicles; (3) Coordinating with vessel personnel to check the order against the delivery note prior to entry to the facility; (4) Ensuring delivery vehicles are escorted within the facility; or (5) Restricting or prohibiting the entry of vessel stores that will not leave the facility within a specified period. (d) MARSEC Level 3. In addition to the security measures for MARSEC Level 1 an… | ||||
| 33:33:1.0.1.8.54.2.26.19 | 33 | Navigation and Navigable Waters | I | H | 105 | PART 105—MARITIME SECURITY: FACILITIES | B | Subpart B—Facility Security Requirements | § 105.275 Security measures for monitoring. | USCG | [USCG-2003-14732, 68 FR 39322, July 1, 2003, as amended at 68 FR 60542, Oct. 22, 2003] | (a) General. The facility owner or operator must ensure the implementation of security measures in this section and have the capability to continuously monitor, through a combination of lighting, security guards, waterborne patrols, automatic intrusion-detection devices, or surveillance equipment, as specified in the approved Facility Security Plan (FSP), the: (1) Facility and its approaches, on land and water; (2) Restricted areas within the facility; and (3) Vessels at the facility and areas surrounding the vessels. (b) MARSEC Level 1. At MARSEC Level 1, the facility owner or operator must ensure the security measures in this section are implemented at all times, including the period from sunset to sunrise and periods of limited visibility. For each facility, ensure monitoring capability that: (1) When automatic intrusion-detection devices are used, activates an audible or visual alarm, or both, at a location that is continuously attended or monitored; (2) Is able to function continually, including consideration of the possible effects of weather or of a power disruption; (3) Monitors the facility area, including shore and waterside access to it; (4) Monitors access points, barriers and restricted areas; (5) Monitors access and movements adjacent to vessels using the facility, including augmentation of lighting provided by the vessel itself; and (6) Limits lighting effects, such as glare, and their impact on safety, navigation, and other security activities. (c) MARSEC Level 2. In addition to the security measures for MARSEC Level 1 in this section, at MARSEC Level 2, the facility owner or operator must also ensure the implementation of additional security measures, as specified for MARSEC Level 2 in the approved FSP. These additional measures may include: (1) Increasing the coverage and intensity of surveillance equipment, including the provision of additional surveillance coverage; (2) Increasing the frequency of foot, vehicle or waterborne patrols; (3) Assigning additional security person… | |||
| 33:33:1.0.1.8.54.2.26.2 | 33 | Navigation and Navigable Waters | I | H | 105 | PART 105—MARITIME SECURITY: FACILITIES | B | Subpart B—Facility Security Requirements | § 105.205 Facility Security Officer (FSO). | USCG | [USCG-2003-14732, 68 FR 39322, July 1, 2003, as amended at 68 FR 60541, Oct. 22, 2003; USCG-2006-24196, 72 FR 3583, Jan. 25, 2007] | (a) General. (1) The FSO 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 FSO. (2) The same person may serve as the FSO for more than one facility, provided the facilities are in the same COTP zone and are not more than 50 miles apart. If a person serves as the FSO for more than one facility, the name of each facility for which he or she is the FSO must be listed in the Facility Security Plan (FSP) of each facility for which or she is the FSO. (3) The FSO may assign security duties to other facility personnel; however, the FSO retains the responsibility for these duties. (4) The FSO must maintain a TWIC. (b) Qualifications. (1) The FSO must have general knowledge, through training or equivalent job experience, in the following: (i) Security organization of the facility; (ii) General vessel and facility operations and conditions; (iii) Vessel and facility security measures, including the meaning and the requirements of the different MARSEC Levels; (iv) Emergency preparedness, response, and contingency planning; (v) Security equipment and systems, and their operational limitations; and (vi) Methods of conducting audits, inspections, control, and monitoring techniques. (2) In addition to knowledge and training required in paragraph (b)(1) of this section, the FSO must have knowledge of and receive training in the following, as appropriate: (i) Relevant international laws and codes, and recommendations; (ii) Relevant government legislation and regulations; (iii) Responsibilities and functions of local, State, and Federal law enforcement agencies; (iv) Security assessment methodology; (v) Methods of facility security surveys and inspections; (vi) Instruction techniques for security training and education, including security measures and procedures; (vii) Handling sensitive security information and security related communications; (viii) Current security threats and patterns; (ix) Recogni… | |||
| 33:33:1.0.1.8.54.2.26.20 | 33 | Navigation and Navigable Waters | I | H | 105 | PART 105—MARITIME SECURITY: FACILITIES | B | Subpart B—Facility Security Requirements | § 105.280 Security incident procedures. | USCG | For each MARSEC Level, the facility owner or operator must ensure the Facility Security Officer and facility security personnel are able to: (a) Respond to security threats or breaches of security and maintain critical facility and vessel-to-facility interface operations; (b) Evacuate the facility in case of security threats or breaches of security; (c) Report security incidents as required in § 101.305 of this subchapter; (d) Brief all facility personnel on possible threats and the need for vigilance, soliciting their assistance in reporting suspicious persons, objects, or activities; and (e) Secure non-critical operations in order to focus response on critical operations. | ||||
| 33:33:1.0.1.8.54.2.26.21 | 33 | Navigation and Navigable Waters | I | H | 105 | PART 105—MARITIME SECURITY: FACILITIES | B | Subpart B—Facility Security Requirements | § 105.285 Additional requirements-passenger and ferry facilities. | USCG | [USCG-2003-14732, 68 FR 39322, July 1, 2003, as amended at 68 FR 60542, Oct. 22, 2003; USCG-2006-24196, 72 FR 3584, Jan. 25, 2007] | (a) At all MARSEC Levels, the owner or operator of a passenger or ferry facility must ensure, in coordination with a vessel moored at the facility, that the following security measures are implemented in addition to the requirements of this part: (1) Establish separate areas to segregate unchecked persons and personal effects from checked persons and personal effects; (2) Ensure that a defined percentage of vehicles to be loaded aboard are screened prior to loading, in accordance with a MARSEC Directive or other orders issued by the Coast Guard; (3) Ensure that all unaccompanied vehicles to be loaded on passenger vessels are screened prior to loading; (4) Deny passenger access to secure and restricted areas unless escorted by authorized facility security personnel; and (5) In a facility with a public access area designated under § 105.106, provide sufficient security personnel to monitor all persons within the area. (b) At MARSEC Level 2, in addition to the requirements in paragraph (a) of this section, the owner or operator of a passenger or ferry facility with a public access area designated under § 105.106 must increase the intensity of monitoring of the public access area. (c) At MARSEC Level 3, in addition to the requirements in paragraph (a) of this section, the owner or operator of a passenger or ferry facility with a public access area designated under § 105.106 must increase the intensity of monitoring and assign additional security personnel to monitor the public access area. | |||
| 33:33:1.0.1.8.54.2.26.22 | 33 | Navigation and Navigable Waters | I | H | 105 | PART 105—MARITIME SECURITY: FACILITIES | B | Subpart B—Facility Security Requirements | § 105.290 Additional requirements—cruise ship terminals. | USCG | [USCG-2006-24196, 72 FR 3585, Jan. 25, 2007, as amended by USCG-2006-23846, 83 FR 12102, Mar. 19, 2018; USCG-2007-28915, 81 FR 57712, Aug. 23, 2016] | At all MARSEC Levels, in coordination with a vessel moored at the facility, the facility owner or operator must ensure the following security measures: (a) Screen all persons, baggage, and personal effects for dangerous substances and devices in accordance with the requirements in subpart E of this part. The owner or operator of a cruise ship terminal need not duplicate any provisions fulfilled by the vessel. When a provision is fulfilled by a vessel, the applicable section of the terminal security program (TSP) must refer to that fact. (b) Check the identification of all persons seeking to enter the facility in accordance with §§ 101.514, 101.515, and 105.255 of this subchapter. Persons holding a Transportation Worker Identification Credential (TWIC) must be checked as set forth in subpart E of part 101 of this subchapter. For persons not holding a TWIC, this check includes confirming the individual's validity for boarding by examining passenger tickets, boarding passes, government identification or visitor badges, or work orders; (c) Designate holding, waiting, or embarkation areas within the facility's secure area to segregate screened persons and their personal effects awaiting embarkation from unscreened persons and their personal effects; (d) Provide additional security personnel to designated holding, waiting, or embarkation areas within the facility's secure area; and (e) Deny individuals not holding a TWIC access to secure and restricted areas unless escorted. | |||
| 33:33:1.0.1.8.54.2.26.23 | 33 | Navigation and Navigable Waters | I | H | 105 | PART 105—MARITIME SECURITY: FACILITIES | B | Subpart B—Facility Security Requirements | § 105.292 Additional requirements—cruise ship ports of call. | USCG | [USCG-2006-23846, 83 FR 12102, Mar. 19, 2018] | (a) The owner or operator of a cruise ship port of call must work with the operator of each cruise ship subject to part 104 of this chapter to ensure that passengers are screened for dangerous substances and devices in accordance with the qualification, training, and equipment requirements of §§ 105.530, 105.535, and 105.545. The port of call need not duplicate any provisions fulfilled by the vessel. When a provision is fulfilled by a vessel, the applicable section of the TSP must refer to that fact. (b) The owner or operator of a cruise ship port of call must display the Prohibited Items List at each screening location. | |||
| 33:33:1.0.1.8.54.2.26.24 | 33 | Navigation and Navigable Waters | I | H | 105 | PART 105—MARITIME SECURITY: FACILITIES | B | Subpart B—Facility Security Requirements | § 105.295 Additional requirements-Certain Dangerous Cargo (CDC) facilities. | USCG | [USCG-2003-14732, 68 FR 39322, July 1, 2003, as amended at 68 FR 60542, Oct. 22, 2003] | (a) At all MARSEC Levels, owners or operators of CDC facilities must ensure the implementation of the following security measures in addition to the requirements of this part: (1) Escort all visitors, contractors, vendors, and other non-facility employees at all times while on the facility, if access identification is not provided. Escort provisions do not apply to prearranged cargo deliveries; (2) Control the parking, loading, and unloading of vehicles within a facility; (3) Require security personnel to record or report their presence at key points during their patrols; (4) Search unmanned or unmonitored waterfront areas for dangerous substances and devices prior to a vessel's arrival at the facility; and (5) Provide an alternate or independent power source for security and communications systems. (b) At MARSEC Level 2, in addition to the requirements for MARSEC Level 1, owners or operators of CDC facilities must ensure the implementation of the following security measures: (1) Release cargo only in the presence of the Facility Security Officer (FSO) or a designated representative of the FSO; and (2) Continuously patrol restricted areas. (c) At MARSEC Level 3, in addition to the requirements for MARSEC Level 1 and MARSEC Level 2, owners or operators of CDC facilities must ensure the facilities are continuously guarded and restricted areas are patrolled. | |||
| 33:33:1.0.1.8.54.2.26.25 | 33 | Navigation and Navigable Waters | I | H | 105 | PART 105—MARITIME SECURITY: FACILITIES | B | Subpart B—Facility Security Requirements | § 105.296 Additional requirements-barge fleeting facilities. | USCG | [USCG-2003-14732, 68 FR 39322, July 1, 2003, as amended at 68 FR 60542, Oct. 22, 2003; USCG-2006-24196, 72 FR 3585, Jan. 25, 2007; USCG-2007-28915, 81 FR 57713, Aug. 23, 2016] | (a) At MARSEC Level 1, in addition to the requirements of this part, an owner or operator of a barge fleeting facility must ensure the implementation of the following security measures: (1) Designate one or more restricted areas within the barge fleeting facility to handle those barges carrying, in bulk, cargoes regulated by 46 CFR chapter I, subchapters D or O, or Certain Dangerous Cargoes; (2) Maintain a current list of vessels and cargoes in the designated restricted area; and (3) Ensure that at least one towing vessel is available to service the fleeting facility for every 100 barges within the facility. (4) Control access to the barges once tied to the fleeting area by implementing TWIC as described in subpart E of part 101 of this subchapter, as applicable, and in accordance with the facility's assigned Risk Group, as described in § 105.253. (b) At MARSEC Level 2, in addition to the requirements of this part and MARSEC Level 1 requirements, an owner or operator of a barge fleeting facility must ensure security personnel are assigned to monitor or patrol the designated restricted area within the barge fleeting facility. (c) At MARSEC Level 3, in addition to the requirements of this part and MARSEC Level 2 requirements, an owner or operator of a barge fleeting facility must ensure that both land and waterside perimeters of the designated restricted area within the barge fleeting facility are continuously monitored or patrolled. | |||
| 33:33:1.0.1.8.54.2.26.3 | 33 | Navigation and Navigable Waters | I | H | 105 | PART 105—MARITIME SECURITY: FACILITIES | B | Subpart B—Facility Security Requirements | § 105.210 Facility personnel with security duties. | USCG | [USCG-2003-14732, 68 FR 39322, July 1, 2003, as amended by USCG-2006-24196, 72 FR 3583, Jan. 25, 2007] | Facility 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, calibration, and maintenance of security equipment and systems; (j) Inspection, control, and monitoring techniques; (k) Relevant provisions of the Facility Security Plan (FSP); (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 MARSEC Levels. (n) Familiar with all relevant aspects of the TWIC program and how to carry them out. | |||
| 33:33:1.0.1.8.54.2.26.4 | 33 | Navigation and Navigable Waters | I | H | 105 | PART 105—MARITIME SECURITY: FACILITIES | B | Subpart B—Facility Security Requirements | § 105.215 Security training for all other facility personnel. | USCG | [USCG-2003-14732, 68 FR 39322, July 1, 2003, as amended at 68 FR 60541, Oct. 22, 2003; USCG-2006-24196, 72 FR 3583, Jan. 25, 2007] | All other facility 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 Facility Security Plan (FSP); (b) The meaning and the consequential requirements of the different MARSEC Levels as they apply to them, 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) Familiar with all relevant aspects of the TWIC program and how to carry them out. | |||
| 33:33:1.0.1.8.54.2.26.5 | 33 | Navigation and Navigable Waters | I | H | 105 | PART 105—MARITIME SECURITY: FACILITIES | B | Subpart B—Facility Security Requirements | § 105.220 Drill and exercise requirements. | USCG | [USCG-2003-14732, 68 FR 39322, July 1, 2003, as amended at 68 FR 60541, Oct. 22, 2003] | (a) General. (1) Drills and exercises must test the proficiency of facility personnel in assigned security duties at all MARSEC Levels and the effective implementation of the Facility Security Plan (FSP). They must enable the Facility Security Officer (FSO) 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 FSP as the result of an increase in the MARSEC Level, provided the facility reports attainment to the cognizant COTP. (b) Drills. (1) The FSO must ensure that at least one security drill is conducted every 3 months. Security drills may be held in conjunction with non-security drills, where appropriate. (2) Drills must test individual elements of the FSP, including response to security threats and incidents. Drills should take into account the types of operations of the facility, facility personnel changes, the type of vessel the facility is serving, 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 a vessel is moored at the facility on the date the facility has planned to conduct any drills, the facility cannot require the vessel or vessel personnel to be a part of or participate in the facility's scheduled drill. (c) Exercises. (1) Exercises must be conducted at least once each calendar year, with no more than 18 months between exercises. (2) Exercises may be: (i) Full scale or live; (ii) Tabletop simulation or seminar; (iii) Combined with other appropriate exercises; or (iv) A combination of the elements in paragraphs (c)(2)(i) through (iii) of this section. (3) Exercises may be facility-specific or part of a cooperative exercise program with applicable facility and vessel security plans or comprehensive port exercises. (4) Each exercise must test communication and notification procedures, and elements of coordination,… | |||
| 33:33:1.0.1.8.54.2.26.6 | 33 | Navigation and Navigable Waters | I | H | 105 | PART 105—MARITIME SECURITY: FACILITIES | B | Subpart B—Facility Security Requirements | § 105.225 Facility recordkeeping requirements. | USCG | [USCG-2003-14732, 68 FR 39322, July 1, 2003, as amended at 68 FR 60541, Oct. 22, 2003; USCG-2006-23846, 83 FR 12102, Mar. 19, 2018; USCG-2007-28915, 81 FR 57712, Aug. 23, 2016] | (a) Unless otherwise specified in this section, the Facility Security Officer (FSO) 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 §§ 105.210 and 105.535, 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 Facility Security Plan (FSP); (3) Incidents and breaches of security. For each incident or breach of security, the date and time of occurrence, location within the facility, description of incident or breaches, to whom it was reported, and description of the response; (4) Changes in MARSEC Levels. For each change in MARSEC Level, the 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, record the date and time, and the specific security equipment involved; (6) Security threats. For each security threat, the 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) A copy of each single-visit DoS and a copy of each continuing DoS for at least 90 days after the end of its effective period; (8) Annual audit of the FSP. For each annual audit, a letter certified by the FSO stating the date the audit was completed; and (9) TWIC Reader/Physical Access Control System (PACS). For… | |||
| 33:33:1.0.1.8.54.2.26.7 | 33 | Navigation and Navigable Waters | I | H | 105 | PART 105—MARITIME SECURITY: FACILITIES | B | Subpart B—Facility Security Requirements | § 105.230 Maritime Security (MARSEC) Level coordination and implementation. | USCG | (a) The facility owner or operator must ensure the facility operates in compliance with the security requirements in this part for the MARSEC Level in effect for the port. (b) When notified of an increase in the MARSEC Level, the facility owner and operator must ensure: (1) Vessels moored to the facility and vessels scheduled to arrive at the facility within 96 hours of the MARSEC Level change are notified of the new MARSEC Level and the Declaration of Security is revised as necessary; (2) The facility complies with the required additional security measures within 12 hours; and (3) The facility reports compliance or noncompliance to the COTP. (c) For MARSEC Levels 2 and 3, the Facility Security Officer must inform all facility personnel about identified threats, and emphasize reporting procedures and stress the need for increased vigilance. (d) An owner or operator whose facility is not in compliance with the requirements of this section, must inform the COTP and obtain approval prior to interfacing with a vessel or continuing operations. (e) At MARSEC Level 3, in addition to the requirements in this part, a facility 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) Use of waterborne security patrol; (2) Use of armed security personnel to control access to the facility and to deter, to the maximum extent practical, a transportation security incident; and (3) Examination of piers, wharves, and similar structures at the facility for the presence of dangerous substances or devices underwater or other threats. | ||||
| 33:33:1.0.1.8.54.2.26.8 | 33 | Navigation and Navigable Waters | I | H | 105 | PART 105—MARITIME SECURITY: FACILITIES | B | Subpart B—Facility Security Requirements | § 105.235 Communications. | USCG | (a) The Facility Security Officer must have a means to effectively notify facility personnel of changes in security conditions at the facility. (b) Communication systems and procedures must allow effective and continuous communications between the facility security personnel, vessels interfacing with the facility, the cognizant COTP, and national and local authorities with security responsibilities. (c) At each active facility access point, provide a means of contacting police, security control, or an emergency operations center, by telephones, cellular phones, and/or portable radios, or other equivalent means. (d) Facility communications systems must have a backup means for both internal and external communications. | ||||
| 33:33:1.0.1.8.54.2.26.9 | 33 | Navigation and Navigable Waters | I | H | 105 | PART 105—MARITIME SECURITY: FACILITIES | B | Subpart B—Facility Security Requirements | § 105.237 System for seafarers' access. | USCG | [USCG-2013-1087, 84 FR 12119, Apr. 1, 2019] | (a) Access required. Each facility owner or operator must implement a system by June 1, 2020 for providing access through the facility that enables individuals to transit to and from a vessel moored at the facility and the facility gate in accordance with the requirements in this section. The system must provide timely access as described in paragraph (c) of this section and incorporate the access methods described in paragraph (d) of this section at no cost to the individuals covered. The system must comply with the Transportation Worker Identification Credential (TWIC) provisions in this part. (b) Individuals covered. The individuals to whom the facility owner or operator must provide the access described in this section include— (1) Seafarers assigned to a vessel at that facility; (2) Pilots; and (3) Representatives of seafarers' welfare and labor organizations. (c) Timely access. The facility owner or operator must provide the access described in this section without unreasonable delay, subject to review by the Captain of the Port (COTP). The facility owner or operator must consider the following when establishing timely access without unreasonable delay: (1) Length of time the vessel is in port. (2) Distance of egress/ingress between the vessel and facility gate. (3) The vessel watch schedules. (4) The facility's safety and security procedures as required by law. (5) Any other factors specific to the vessel or facility that could affect access to and from the vessel. (d) Access methods. The facility owner or operator must ensure that the access described in this section is provided through one or more of the following methods: (1) Regularly scheduled escort between the vessel and the facility gate that conforms to the vessel's watch schedule as agreed upon between the vessel and facility. (2) An on-call escort between the vessel and the facility gate. (3) Arrangements with taxi services or other transportation services, ensuring that any costs for providing the access described in this … | |||
| 33:33:1.0.1.8.54.3.26.1 | 33 | Navigation and Navigable Waters | I | H | 105 | PART 105—MARITIME SECURITY: FACILITIES | C | Subpart C—Facility Security Assessment (FSA) | § 105.300 General. | USCG | (a) The Facility Security Assessment (FSA) is a written document that is based on the collection of background information, the completion of an on-scene survey and an analysis of that information. (b) A common FSA may be conducted for more than one similar facility provided the FSA reflects any facility-specific characteristics that are unique. (c) Third parties may be used in any aspect of the FSA if they have the appropriate skills and if the Facility Security Officer (FSO) reviews and accepts their work. (d) Those involved in a FSA must be able to draw upon expert assistance in the following areas, as appropriate: (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 structures and facility services; (7) Facility security requirements; (8) Facility and vessel 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 or civil engineering; and (13) Facility and vessel operations. | ||||
| 33:33:1.0.1.8.54.3.26.2 | 33 | Navigation and Navigable Waters | I | H | 105 | PART 105—MARITIME SECURITY: FACILITIES | C | Subpart C—Facility Security Assessment (FSA) | § 105.305 Facility Security Assessment (FSA) requirements. | USCG | [USCG-2003-14732, 68 FR 39322, July 1, 2003, as amended at 68 FR 60542, Oct. 22, 2003] | (a) Background. The facility owner or operator must ensure that the following background information, if applicable, is provided to the person or persons who will conduct the assessment: (1) The general layout of the facility, including: (i) The location of each active and inactive access point to the facility; (ii) The number, reliability, and security duties of facility personnel; (iii) Security doors, barriers, and lighting; (iv) The location of restricted areas; (v) The emergency and stand-by equipment available to maintain essential services; (vi) The maintenance equipment, cargo spaces, storage areas, and unaccompanied baggage storage; (vii) Location of escape and evacuation routes and assembly stations; and (viii) Existing security and safety equipment for protection of personnel and visitors; (2) Response procedures for fire or other emergency conditions; (3) Procedures for monitoring facility and vessel personnel, vendors, repair technicians, and dock workers; (4) Existing contracts with private security companies and existing agreements with local or municipal agencies; (5) Procedures for controlling keys and other access prevention systems; (6) Procedures for cargo and vessel stores operations; (7) Response capability to security incidents; (8) Threat assessments, including the purpose and methodology of the assessment, for the port in which the facility is located or at which passengers embark or disembark; (9) Previous reports on security needs; and (10) Any other existing security procedures and systems, equipment, communications, and facility personnel. (b) On-scene survey. The facility owner or operator must ensure that an on-scene survey of each facility is conducted. The on-scene survey examines and evaluates existing facility protective measures, procedures, and operations to verify or collect the information required in paragraph (a) of this section. (c) Analysis and recommendations. In conducting the FSA, the facility owner or operator must ensure that the FSO analyz… | |||
| 33:33:1.0.1.8.54.3.26.3 | 33 | Navigation and Navigable Waters | I | H | 105 | PART 105—MARITIME SECURITY: FACILITIES | C | Subpart C—Facility Security Assessment (FSA) | § 105.310 Submission requirements. | USCG | [USCG-2003-14732, 68 FR 39322, July 1, 2003, as amended at 68 FR 60542, Oct. 22, 2003] | (a) A completed FSA report must be submitted with the Facility Security Plan required in § 105.410 of this part. (b) A facility owner or operator may generate and submit a report that contains the Facility Security Assessment for more than one facility subject to this part, to the extent that they share similarities in design and operations, if authorized and approved by the cognizant COTP. (c) The FSA must be reviewed and validated, and the FSA report must be updated each time the FSP is submitted for reapproval or revisions. | |||
| 33:33:1.0.1.8.54.4.26.1 | 33 | Navigation and Navigable Waters | I | H | 105 | PART 105—MARITIME SECURITY: FACILITIES | D | Subpart D—Facility Security Plan (FSP) | § 105.400 General. | USCG | [USCG-2003-14732, 68 FR 39322, July 1, 2003, as amended at 68 FR 60542, Oct. 22, 2003; USCG-2013-0397, 78 FR 39173, July 1, 2013; USCG-2022-0323, 88 FR 10029, Feb. 16, 2023] | (a) The Facility Security Officer (FSO) must ensure a Facility Security Plan (FSP) is developed and implemented for each facility for which he or she is designated as FSO. The FSP: (1) Must identify the FSO by name and position, and provide 24-hour contact information; (2) Must be written in English; (3) Must address each vulnerability identified in the Facility Security Assessment (FSA); (4) Must describe security measures for each MARSEC Level; and (5) May cover more than one facility to the extent that they share similarities in design and operations, if authorized and approved by the cognizant COTP. (b) The FSP must be submitted for approval to the cognizant COTP in a written or electronic format. (c) The FSP is sensitive security information and must be protected in accordance with 49 CFR part 1520. (d) If the FSP is kept in an electronic format, procedures must be in place to prevent its unauthorized deletion, destruction, or amendment. | |||
| 33:33:1.0.1.8.54.4.26.2 | 33 | Navigation and Navigable Waters | I | H | 105 | PART 105—MARITIME SECURITY: FACILITIES | D | Subpart D—Facility Security Plan (FSP) | § 105.405 Format and content of the Facility Security Plan (FSP). | USCG | [USCG-2003-14732, 68 FR 39322, July 1, 2003, as amended by USCG-2006-24196, 72 FR 3585, Jan. 25, 2007; USCG-2006-23846, 83 FR 12102, Mar. 19, 2018; USCG-2007-28915, 81 FR 57713, Aug. 23, 2016; USCG-2013-1087, 84 FR 12119, Apr. 1, 2019; USCG-2020-0304, 85 FR 58278, Sept. 18, 2020] | (a) A facility owner or operator must ensure that the FSP consists of the individual sections listed in this paragraph (a). If the FSP does not follow the order as it appears in the list, the facility owner or operator must ensure that the FSP contains an index identifying the location of each of the following sections: (1) Security administration and organization of the facility; (2) Personnel training; (3) Drills and exercises; (4) Records and documentation; (5) Response to change in MARSEC Level; (6) Procedures for interfacing with vessels; (7) Declaration of Security (DoS); (8) Communications; (9) Security systems and equipment maintenance; (10) Security measures for access control, including the facility's TWIC Program and designated public 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 security plan amendments; (17) Facility Security Assessment (FSA) report; (18) Facility Vulnerability and Security Measures Summary (Form CG-6025) available at https://www.dcms.uscg.mil/forms/ ; (19)-(20) [Reserved] (21) If applicable, cruise ship TSP in accordance with subpart E of this part; and (22) System for seafarers' access. (b) The FSP must describe in detail how the requirements of subpart B of this part will be met. (c) The Facility Vulnerability and Security Measures Summary (Form CG-6025) must be completed using information in the FSA concerning identified vulnerabilities and information in the FSP concerning security measures in mitigation of these vulnerabilities. | |||
| 33:33:1.0.1.8.54.4.26.3 | 33 | Navigation and Navigable Waters | I | H | 105 | PART 105—MARITIME SECURITY: FACILITIES | D | Subpart D—Facility Security Plan (FSP) | § 105.410 Submission and approval. | USCG | [USCG-2003-14732, 68 FR 39322, July 1, 2003; 68 FR 41916, July 16, 2003, as amended at 68 FR 60542, 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 57713, Aug. 23, 2016; USCG-2020-0304, 85 FR 58278, Sept. 18, 2020] | (a) The owner or operator of each facility currently in operation must either: (1) Submit one copy of their Facility Security Plan (FSP) for review and approval to the cognizant COTP and a letter certifying that the FSP meets applicable requirements of this part; or (2) If intending to operate under an Approved Alternative Security Program, a letter signed by the facility owner or operator stating which approved Alternative Security Program the owner or operator intends to use. (b) Owners or operators of facilities 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 cognizant COTP 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) An FSP may be submitted and approved to cover more than one facility where they share similarities in design and operations, if authorized and approved by each cognizant COTP. (e) Each facility owner or operator that submits one FSP to cover two or more facilities of similar design and operation must address facility-specific information that includes the design and operational characteristics of each facility and must complete a separate Facility Vulnerability and Security Measures Summary (Form CG-6025), for each facility covered by the plan. The form is available at https://www.dcms.uscg.mil/forms/. (f) A FSP that is approved by the cognizant COTP is valid for five years from the date of its approval. | |||
| 33:33:1.0.1.8.54.4.26.4 | 33 | Navigation and Navigable Waters | I | H | 105 | PART 105—MARITIME SECURITY: FACILITIES | D | Subpart D—Facility Security Plan (FSP) | § 105.415 Amendment and audit. | USCG | [USCG-2003-14732, 68 FR 39322, July 1, 2003, as amended at 68 FR 60542, Oct. 22, 2003] | (a) Amendments. (1) Amendments to a Facility Security Plan (FSP) that is approved by the cognizant COTP may be initiated by: (i) The facility owner or operator; or (ii) The cognizant COTP upon a determination that an amendment is needed to maintain the facility's security. The cognizant COTP, who will give the facility owner or operator written notice and request that the facility owner or operator propose amendments addressing any matters specified in the notice. The facility owner or operator will have at least 60 days to submit its proposed amendments. Until amendments are approved, the facility owner or operator shall ensure temporary security measures are implemented to the satisfaction of the COTP. (2) Proposed amendments must be submitted to the cognizant COTP. If initiated by the facility owner or operator, the proposed amendment must be submitted at least 30 days before the amendment is to take effect unless the cognizant COTP allows a shorter period. The cognizant COTP will approve or disapprove the proposed amendment in accordance with § 105.410 of this subpart. (3) Nothing in this section should be construed as limiting the facility owner or operator from the timely implementation of such additional security measures not enumerated in the approved FSP as necessary to address exigent security situations. In such cases, the owner or operator must notify the cognizant COTP 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 there is a change in the owner or operator, the Facility Security Officer (FSO) must amend the FSP to include the name and contact information of the new facility owner or operator and submit the affected portion of the FSP for review and approval in accordance with § 105.410 if this subpart. (b) Audits. (1) The FSO must ensure an audit of the FSP is performed annually, beginning no later than one year fr… | |||
| 33:33:1.0.1.8.54.5.26.1 | 33 | Navigation and Navigable Waters | I | H | 105 | PART 105—MARITIME SECURITY: FACILITIES | E | Subpart E—Facility Security: Cruise Ship Terminals | § 105.500 General. | USCG | (a) Applicability. The owner or operator of a cruise ship terminal must comply with this subpart when receiving a cruise ship or tenders from cruise ships. (b) Purpose. This subpart establishes cruise ship terminal screening programs within the Facility Security Plans to ensure that prohibited items are not present within the secure areas that have been designated for screened persons, baggage, and personal effects, and are not brought onto cruise ships interfacing with the terminal. (c) Compliance dates. (1) No later than October 15, 2018, cruise ship terminal owners or operators must submit, for each terminal, a terminal screening program (TSP) that conforms with the requirements in § 105.505 to the cognizant COTP for review and approval. (2) No later than April 18, 2019, each cruise ship terminal owner or operator must operate in compliance with an approved TSP and this subpart. | ||||
| 33:33:1.0.1.8.54.5.26.10 | 33 | Navigation and Navigable Waters | I | H | 105 | PART 105—MARITIME SECURITY: FACILITIES | E | Subpart E—Facility Security: Cruise Ship Terminals | § 105.550 Alternative screening. | USCG | If the owner or operator of a U.S. cruise ship terminal chooses to screen using equipment or methods other than those described in § 105.545, the equipment and methods must be described in detail in an approved TSP. | ||||
| 33:33:1.0.1.8.54.5.26.2 | 33 | Navigation and Navigable Waters | I | H | 105 | PART 105—MARITIME SECURITY: FACILITIES | E | Subpart E—Facility Security: Cruise Ship Terminals | § 105.505 Terminal Screening Program (TSP). | USCG | (a) General requirements. The owner or operator of a cruise ship terminal must ensure a TSP is developed, added to the Facility Security Plan (FSP), and implemented. The TSP must— (1) Document all procedures that are employed to ensure all persons, baggage, and personal effects are screened at the cruise ship terminal prior to being allowed into a cruise ship terminal's secure areas or onto a cruise ship; (2) Be written in English; and (3) Be approved by the Coast Guard as part of the FSP in accordance with subpart D of this part. (b) Availability. Each cruise ship terminal Facility Security Officer (FSO) must— (1) Maintain the TSP in the same or similar location as the FSP as described in § 105.400(d); (2) Have an accessible, complete copy of the TSP at the cruise ship terminal; (3) Have a copy of the TSP available for inspection upon request by the Coast Guard; (4) Maintain the TSP as sensitive security information (SSI) and protect it in accordance with 49 CFR part 1520; and (5) Make a copy of the current Prohibited Items List (PIL) publicly available. The PIL and copies thereof are not SSI. (c) Content. The TSP must include— (1) A line diagram of the cruise ship terminal including— (i) The physical boundaries of the terminal; (ii) The location(s) where all persons intending to board a cruise ship, and all personal effects and baggage, are screened; and (iii) The point(s) in the terminal beyond which no unscreened person may pass. (2) The responsibilities of the owner or operator regarding the screening of persons, baggage, and personal effects; (3) The procedure to obtain and maintain the PIL; (4) The procedures used to comply with the requirements of § 105.530 regarding qualifications of screeners; (5) The procedures used to comply with the requirements of § 105.535 regarding training of screeners; (6) The number of screeners needed at each location to ensure adequate screening; (7) A description of the equipment used to comply with the requirements of § 105.525 regarding the screen… | ||||
| 33:33:1.0.1.8.54.5.26.3 | 33 | Navigation and Navigable Waters | I | H | 105 | PART 105—MARITIME SECURITY: FACILITIES | E | Subpart E—Facility Security: Cruise Ship Terminals | § 105.510 Screening responsibilities of the owner or operator. | USCG | In addition to the requirements of § 105.200, the owner or operator of a cruise ship terminal must ensure that— (a) A TSP is developed in accordance with this subpart, and submitted to and approved by the cognizant Captain of the Port (COTP), as part of the FSP, in accordance with this part; (b) Screening is conducted in accordance with this subpart and an approved TSP; (c) Specific screening responsibilities are documented in a Declaration of Security (DoS) in accordance with §§ 104.255 and 105.245 of this subchapter; (d) Procedures are established for reporting and handling prohibited items that are detected during the screening process; (e) All personal screening is conducted in a uniform, courteous, and efficient manner respecting personal rights to the maximum extent practicable; and (f) When the MARSEC (Maritime Security) level is increased, additional screening measures are employed in accordance with an approved TSP. | ||||
| 33:33:1.0.1.8.54.5.26.4 | 33 | Navigation and Navigable Waters | I | H | 105 | PART 105—MARITIME SECURITY: FACILITIES | E | Subpart E—Facility Security: Cruise Ship Terminals | § 105.515 Prohibited Items List (PIL). | USCG | (a) The owner or operator of a cruise ship terminal must obtain from the Coast Guard and maintain a Prohibited Items List (PIL) consisting of dangerous substances and devices for purposes of § 105.290(a). The list specifies those items that the Coast Guard prohibits all persons from bringing onboard any cruise ship through terminal screening operations regulated under 33 CFR part 105. (b) Procedures for screening persons, baggage and personal effects must include use of the PIL which will be provided to screening personnel by the cruise ship terminal owner or operator. (c) The list must be present at each screening location during screening operations. Additionally, the list must be included as part of the DoS. (d) Facility personnel must report the discovery of a prohibited item introduced by violating security measures at a cruise ship terminal as a breach of security in accordance with § 101.305(b) of this subchapter. A prohibited item discovered during security screening is not considered to be a breach of security, and should be treated in accordance with local law enforcement practices. | ||||
| 33:33:1.0.1.8.54.5.26.5 | 33 | Navigation and Navigable Waters | I | H | 105 | PART 105—MARITIME SECURITY: FACILITIES | E | Subpart E—Facility Security: Cruise Ship Terminals | § 105.525 Terminal screening operations. | USCG | (a) Passengers and personal effects. (1) Each cruise ship terminal must have at least one location to screen passengers and carry-on items prior to allowing such passengers and carry-on items into secure areas of the terminal designated for screened persons and carry-on items. (2) Screening locations must be adequately staffed and equipped to conduct screening operations in accordance with the approved TSP. (3) Facility personnel must check personal identification prior to allowing a person to proceed to a screening location, in accordance with § 105.290(b), which sets forth additional requirements for cruise ship terminals at all MARSEC levels. (4) All screened passengers and their carry-on items must remain in secure areas of the terminal designated for screened persons and personal effects until boarding the cruise ship. Persons who leave a secure area must be re-screened. (b) Persons other than passengers. Crew members, visitors, vendors, and other persons who are not passengers, and their personal effects, must be screened either at screening locations where passengers are screened or at another location that is adequately staffed and equipped in accordance with this subpart and is specifically designated in an approved TSP. (c) Checked baggage. (1) A cruise ship terminal that accepts baggage must have at least one location designated for the screening of checked baggage. (2) Screening personnel may only accept baggage from a person with— (i) A valid passenger ticket; (ii) Joining instructions; (iii) Work orders; or (iv) Authorization from the terminal or vessel owner or operator to handle baggage; (3) Screening personnel may only accept baggage in an area designated in an approved TSP and manned by terminal screening personnel; and (4) Screening or security personnel must constantly control the checked baggage, in a secure area, from the time it is accepted at the terminal until it is onboard the cruise ship. (d) Unaccompanied baggage. (1) Facility personnel may accept unaccompanied bag… | ||||
| 33:33:1.0.1.8.54.5.26.6 | 33 | Navigation and Navigable Waters | I | H | 105 | PART 105—MARITIME SECURITY: FACILITIES | E | Subpart E—Facility Security: Cruise Ship Terminals | § 105.530 Qualifications of screeners. | USCG | In addition to the requirements for facility personnel with security duties contained in § 105.210, screening personnel at cruise ship terminals must— (a) Have a combination of education and experience that the FSO has determined to be sufficient for the individual to perform the duties of the position; and (b) Be capable of using all screening methods and equipment needed to perform the duties of the position. | ||||
| 33:33:1.0.1.8.54.5.26.7 | 33 | Navigation and Navigable Waters | I | H | 105 | PART 105—MARITIME SECURITY: FACILITIES | E | Subpart E—Facility Security: Cruise Ship Terminals | § 105.535 Training requirements of screeners. | USCG | In addition to the requirements for facility personnel with security duties in § 105.210, screening personnel at cruise ship terminals must demonstrate knowledge, understanding, and proficiency in the following areas as part of their security-related familiarization— (a) Historic and current threats against the cruise ship industry; (b) Relevant portions of the TSP and FSP; (c) The purpose and contents of the cruise ship terminal PIL; (d) Specific instruction on screening methods and equipment used at the cruise ship terminal; (e) Terminal-specific response procedures when a dangerous substance or device is detected; (f) Additional screening requirements at increased MARSEC levels; and, (g) Any additional topics specified in the facility's approved TSP. | ||||
| 33:33:1.0.1.8.54.5.26.8 | 33 | Navigation and Navigable Waters | I | H | 105 | PART 105—MARITIME SECURITY: FACILITIES | E | Subpart E—Facility Security: Cruise Ship Terminals | § 105.540 Screener participation in drills and exercises. | USCG | Screening personnel must participate in drills and exercises required under § 105.220. | ||||
| 33:33:1.0.1.8.54.5.26.9 | 33 | Navigation and Navigable Waters | I | H | 105 | PART 105—MARITIME SECURITY: FACILITIES | E | Subpart E—Facility Security: Cruise Ship Terminals | § 105.545 Screening equipment. | USCG | The following screening equipment may be used, provided it is specifically documented in an approved TSP. (a) Metal detection devices. (1) The owner or operator of a cruise ship terminal may use a metal detection device to screen persons, baggage, and personal effects. (2) Metal detection devices used at any cruise ship terminal must be operated, calibrated, and maintained in accordance with manufacturer's instructions. (b) X-ray systems. The owner or operator of a cruise ship terminal may use an x-ray system for the screening and inspection of personal effects and baggage if all of the following requirements are satisfied— (1) The system meets the standards for cabinet x-ray systems used primarily for the inspection of baggage, found in 21 CFR 1020.40; (2) Familiarization training for screeners, in accordance with § 105.535, includes training in radiation safety and the efficient use of x-ray systems; (3) The system must meet the imaging requirements found in 49 CFR 1544.211; (4) The system must be operated, calibrated, and maintained in accordance with manufacturer's instructions; (5) The x-ray system must fully comply with any defect notice or modification order issued for that system by the Food and Drug Administration (FDA), unless the FDA has advised that a defect or failure to comply does not create a significant risk of injury, including genetic injury, to any person; (6) The owner or operator must ensure that a sign is posted in a conspicuous place at the screening location where x-ray systems are used to inspect personal effects and where screeners accept baggage. These signs must— (i) Notify individuals that items are being screened by x-ray and advise them to remove all x-ray, scientific, and high-speed film from their personal effects and baggage before screening; (ii) Advise individuals that they may request screening of their photographic equipment and film packages be done without exposure to an x-ray system; and (iii) Advise individuals to remove all photographic film from their p… | ||||
| 34:34:1.2.1.1.4.0.113.1 | 34 | Education | I | 105 | PART 105—ENFORCEMENT OF NONDISCRIMINATION ON THE BASIS OF HANDICAP IN PROGRAMS OR ACTIVITIES CONDUCTED BY THE DEPARTMENT OF EDUCATION | § 105.1 Purpose. | ED | The purpose of this part is to effectuate section 119 of the Rehabilitation, Comprehensive Services, and Developmental Disabilities Amendments of 1978, which amended section 504 of the Rehabilitation Act of 1973 to prohibit discrimination on the basis of handicap in programs or activities conducted by Executive agencies or the United States Postal Service. | |||||||
| 34:34:1.2.1.1.4.0.113.10 | 34 | Education | I | 105 | PART 105—ENFORCEMENT OF NONDISCRIMINATION ON THE BASIS OF HANDICAP IN PROGRAMS OR ACTIVITIES CONDUCTED BY THE DEPARTMENT OF EDUCATION | § 105.30 Employment. | ED | No qualified individual with handicaps shall, on the basis of handicap, be subjected to discrimination in employment under any program or activity conducted by the Department. As provided in § 105.41(b), the definitions, requirements, and procedures of section 501 of the Rehabilitation Act of 1973 (29 U.S.C. 791), as established by the Equal Employment Opportunity Commission in 29 CFR part 1613, shall apply to employment in federally conducted programs or activities. | |||||||
| 34:34:1.2.1.1.4.0.113.11 | 34 | Education | I | 105 | PART 105—ENFORCEMENT OF NONDISCRIMINATION ON THE BASIS OF HANDICAP IN PROGRAMS OR ACTIVITIES CONDUCTED BY THE DEPARTMENT OF EDUCATION | § 105.31 Program accessibility: Discrimination prohibited. | ED | Except as otherwise provided in § 105.32, no qualified individual with handicaps shall, because the Department's facilities are inaccessible to or unusable by individuals with handicaps, be denied the benefits of, be excluded from participation in, or otherwise be subjected to discrimination under any program or activity conducted by the Department. | |||||||
| 34:34:1.2.1.1.4.0.113.12 | 34 | Education | I | 105 | PART 105—ENFORCEMENT OF NONDISCRIMINATION ON THE BASIS OF HANDICAP IN PROGRAMS OR ACTIVITIES CONDUCTED BY THE DEPARTMENT OF EDUCATION | § 105.32 Program accessibility: Existing facilities. | ED | (a) General. The Department shall operate each program or activity so that the program or activity, viewed in its entirety, is readily accessible to and usable by individuals with handicaps. This paragraph does not— (1) Necessarily require the Department to make each of its existing facilities accessible to and usable by individuals with handicaps; (2) In the case of historic preservation programs, require the Department to take any action that would result in a substantial impairment of significant historic features of an historic property; or (3)(i) Require the Department to take any action that it can demonstrate would result in a fundamental alteration in the nature of a program or activity or in undue financial and administrative burdens. (ii) The Department has the burden of proving that compliance with § 105.32(a) would result in that alteration or those burdens. (iii) The decision that compliance would result in that alteration or those burdens must be made by the Secretary after considering all of the Department's resources available for use in the funding and operation of the conducted program or activity, and must be accompanied by a written statement of the reasons for reaching that conclusion. (iv) If an action would result in that alteration or those burdens, the Department shall take any other action that would not result in the alteration or burdens but would nevertheless ensure that individuals with handicaps receive the benefits and services of the program or activity. (b) Methods —(1) General. (i) The Department may comply with the requirements of this section through such means as redesign of equipment, reassignment of services to accessible buildings, assignments of aides to beneficiaries, home visits, delivery of services at alternate accessible sites, alteration of existing facilities and construction of new facilities, use of accessible rolling stock, or any other methods that result in making its programs or activities readily accessible to and usable by individuals with handi… | |||||||
| 34:34:1.2.1.1.4.0.113.13 | 34 | Education | I | 105 | PART 105—ENFORCEMENT OF NONDISCRIMINATION ON THE BASIS OF HANDICAP IN PROGRAMS OR ACTIVITIES CONDUCTED BY THE DEPARTMENT OF EDUCATION | § 105.33 Program accessibility: New construction and alterations. | ED | Each building or part of a building that is constructed or altered by, on behalf of, or for the use of, the Department must be designed, constructed, or altered so as to be readily accessible to and usable by individuals with handicaps. The definitions, requirements, and standards of the Architectural Barriers Act (42 U.S.C. 4151-4157), as established in 41 CFR 101-19.600 to 101-19.607, apply to buildings covered by this section. | |||||||
| 34:34:1.2.1.1.4.0.113.14 | 34 | Education | I | 105 | PART 105—ENFORCEMENT OF NONDISCRIMINATION ON THE BASIS OF HANDICAP IN PROGRAMS OR ACTIVITIES CONDUCTED BY THE DEPARTMENT OF EDUCATION | §§ 105.34-105.39 [Reserved] | ED | ||||||||
| 34:34:1.2.1.1.4.0.113.15 | 34 | Education | I | 105 | PART 105—ENFORCEMENT OF NONDISCRIMINATION ON THE BASIS OF HANDICAP IN PROGRAMS OR ACTIVITIES CONDUCTED BY THE DEPARTMENT OF EDUCATION | § 105.40 Communications. | ED | (a) The Department shall take appropriate steps to ensure effective communication with applicants, participants, personnel of other Federal entities, and members of the public, as follows: (1)(i) The Department shall furnish appropriate auxiliary aids if necessary to afford an individual with handicaps an equal opportunity to participate in, and enjoy the benefits of, a program or activity conducted by the Department. (ii) In determining what type of auxiliary aid is necessary, the Department shall give primary consideration to the request of the individual with handicaps. (iii) The Department need not provide individually prescribed devices, readers for personal use or study, or other devices of a personal nature. (2) If the Department communicates with applicants and beneficiaries by telephone, telecommunication devices for deaf persons (TDDs) or equally effective telecommunication systems must be used. (b) The Department shall ensure that interested persons, including persons with impaired vision or hearing, can obtain information as to the existence and location of accessible services, activities, and facilities. (c) The Department shall provide signs at a primary entrance to each of its inaccessible facilities, directing users to a location at which they can obtain information about accessible facilities. The international symbol for accessibility must be used at each primary entrance of an accessible facility. (d)(1) This section does not require the Department to take any action that it can demonstrate would result in a fundamental alteration in the nature of a program or activity or in undue financial and administrative burdens. (2) The Department has the burden of proving that compliance with § 105.40 would result in that alteration or those burdens. (3) The decision that compliance would result in that alteration or those burdens must be made by the Secretary after considering all Department resources available for use in the funding and operation of the conducted program or activity and must b… | |||||||
| 34:34:1.2.1.1.4.0.113.16 | 34 | Education | I | 105 | PART 105—ENFORCEMENT OF NONDISCRIMINATION ON THE BASIS OF HANDICAP IN PROGRAMS OR ACTIVITIES CONDUCTED BY THE DEPARTMENT OF EDUCATION | § 105.41 Compliance procedures. | ED | (a) Except as provided in paragraph (b) of this section, this section applies to all allegations of discrimination on the basis of handicap in programs and activities conducted by the Department. (b) As provided in § 105.30, the Department shall process complaints alleging violations of section 504 with respect to employment according to the procedures established by the Equal Employment Opportunity Commission in 29 CFR part 1613 pursuant to section 501 of the Rehabilitation Act of 1973 (29 U.S.C. 791). (c) The Deputy Under Secretary for Management is responsible for coordinating implementation of this section. Complaints may be sent to the U.S. Department of Education, Office of Management, Federal Building No. 6, 400 Maryland Avenue SW., Washington, DC 20202. (d) The Department shall accept and investigate all complete complaints for which it has jurisdiction. All complete complaints must be filed within 180 days of the alleged act of discrimination. The Department may extend this time period for good cause. (e) If the Department receives a complaint over which it does not have jurisdiction, it shall promptly notify the complainant and shall make reasonable efforts to refer the complaint to the appropriate government entity. (f) The Department shall notify the Architectural and Transportation Barriers Compliance Board upon receipt of any complaint alleging that a building or facility that is subject to the Architectural Barriers Act of 1968, as amended (42 U.S.C. 4151-4157) is not readily accessible to and usable by individuals with handicaps. (g) Within 180 days of the receipt of a complete complaint for which it has jurisdiction, the Department shall notify the complainant of the results of the investigation in a letter containing— (1) Findings of fact and conclusions of law; (2) A description of a remedy for each violation found; and (3) A notice of the right to appeal. (h) Appeals of the findings of fact and conclusions of law or remedies must be filed by the complainant within 90 days of receipt … | |||||||
| 34:34:1.2.1.1.4.0.113.17 | 34 | Education | I | 105 | PART 105—ENFORCEMENT OF NONDISCRIMINATION ON THE BASIS OF HANDICAP IN PROGRAMS OR ACTIVITIES CONDUCTED BY THE DEPARTMENT OF EDUCATION | § 105.42 Effective date. | ED | The effective date of this part is October 9, 1990. | |||||||
| 34:34:1.2.1.1.4.0.113.2 | 34 | Education | I | 105 | PART 105—ENFORCEMENT OF NONDISCRIMINATION ON THE BASIS OF HANDICAP IN PROGRAMS OR ACTIVITIES CONDUCTED BY THE DEPARTMENT OF EDUCATION | § 105.2 Application. | ED | This part applies to all programs or activities conducted by the Department, except for programs or activities conducted outside the United States that do not involve individuals with handicaps in the United States. | |||||||
| 34:34:1.2.1.1.4.0.113.3 | 34 | Education | I | 105 | PART 105—ENFORCEMENT OF NONDISCRIMINATION ON THE BASIS OF HANDICAP IN PROGRAMS OR ACTIVITIES CONDUCTED BY THE DEPARTMENT OF EDUCATION | § 105.3 Definitions. | ED | [55 FR 37168, Sept. 7, 1990, as amended at 82 FR 31912, July 11, 2017] | For purposes of this part, the following definitions apply: Auxiliary aids means services or devices that enable persons with impaired sensory, manual, or speaking skills to have an equal opportunity to participate in, and enjoy the benefits of, programs or activities conducted by the Department. For example, auxiliary aids useful for persons with impaired vision include readers, materials in braille, audio recordings, and other similar services and devices. Auxiliary aids useful for persons with impaired hearing include telephone handset amplifiers, telephones compatible with hearing aids, telecommunication devices for deaf persons (TDDs), interpreters, notetakers, written materials, and other similar services and devices. Complete complaint means a written statement that contains the complainant's name and address and describes the Department's alleged discriminatory action in sufficient detail to inform the Department of the nature and date of the alleged violation of section 504. It must be signed by the complainant or by someone authorized to do so on his or her behalf. Complaints filed on behalf of classes or third parties must describe or identify (by name, if possible) the alleged victims of discrimination. Facility means all or any portion of buildings, structures, equipment, roads, walks, parking lots, rolling stock or other conveyances, or other real or personal property. Historic preservation programs means programs conducted by the Department that have preservation of historic properties as a primary purpose. Historic properties means those properties that are listed or eligible for listing in the National Register of Historic Places or properties designated as historic under a statute of the appropriate State or local government body. Individual with handicaps means any person who has a physical or mental impairment that substantially limits one or more major life activities, has a record of such an impairment, or is regarded as having such an impairment. As used in this definition, the … | ||||||
| 34:34:1.2.1.1.4.0.113.4 | 34 | Education | I | 105 | PART 105—ENFORCEMENT OF NONDISCRIMINATION ON THE BASIS OF HANDICAP IN PROGRAMS OR ACTIVITIES CONDUCTED BY THE DEPARTMENT OF EDUCATION | §§ 105.4-105.9 [Reserved] | ED | ||||||||
| 34:34:1.2.1.1.4.0.113.5 | 34 | Education | I | 105 | PART 105—ENFORCEMENT OF NONDISCRIMINATION ON THE BASIS OF HANDICAP IN PROGRAMS OR ACTIVITIES CONDUCTED BY THE DEPARTMENT OF EDUCATION | § 105.10 Self-evaluation. | ED | (a) The Department shall, within one year of the effective date of this part, evaluate its current policies and practices, and the effects thereof, that do not or may not meet the requirements of this part, and, to the extent modification of any of those policies and practices is required, the Department shall proceed to make the necessary modifications. (b) The Department shall provide an opportunity to interested persons, including individuals with handicaps or organizations representing individuals with handicaps to participate in the self-evaluation process by submitting comments (both oral and written). (c) The Department shall, for at least 3 years following completion of the self-evaluation, maintain on file, and make available for public inspection— (1) A description of areas examined and any problems identified; and (2) A description of any modifications made. |
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CREATE TABLE cfr_sections (
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title_number INTEGER,
title_name TEXT,
chapter TEXT,
subchapter TEXT,
part_number TEXT,
part_name TEXT,
subpart TEXT,
subpart_name TEXT,
section_number TEXT,
section_heading TEXT,
agency TEXT,
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source_citation TEXT,
amendment_citations TEXT,
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CREATE INDEX idx_cfr_title ON cfr_sections(title_number);
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CREATE INDEX idx_cfr_agency ON cfr_sections(agency);