1625-0002 Stat/Authority

CFR-2012-title33-vol1-sec101-115.pdf

Application for Vessel Inspection, Waiver and Continuous Synopsis Record

1625-0002 Stat/Authority

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§ 101.110

33 CFR Ch. I (7–1–12 Edition)

Outer Continental Shelf of the U.S.,
the waters superjacent thereto.
[USCG–2003–14792, 68 FR 39278, July 1, 2003, as
amended at 68 FR 60470, Oct. 22, 2003; USCG–
2004–18057, 69 FR 34925, June 23, 2004; USCG–
2006–24196, 72 FR 3577, Jan. 25, 2007; USCG–
2006–24196, 72 FR 55048, Sept. 28, 2007; USCG–
2008–0179, 73 FR 35009, June 19, 2008; USCG–
2006–24196, 74 FR 13116, Mar. 26, 2009; USCG–
2006–24371, 74 FR 11211, Mar. 16, 2009; USCG–
2011–0257, 76 FR 31836, June 2, 2011]

§ 101.110 Applicability.
Unless otherwise specified, this subchapter applies to vessels, structures,
and facilities of any kind, located
under, in, on, or adjacent to waters
subject to the jurisdiction of the U.S.
§ 101.115 Incorporation by reference.
(a) Certain material is incorporated
by reference into this subchapter with
the approval of the Director of the Federal Register under 5 U.S.C. 552(a) and
1 CFR part 51. To enforce any edition
other than that specified in paragraph
(b) of this section, the Coast Guard
must publish notice of change in the
FEDERAL REGISTER and the material
must be available to the public. All approved material is on file at the Office
of the Coast Guard Port Security Directorate (CG-54), Coast Guard Headquarters, 2100 2nd St., SW., Stop 7581,
Washington, DC 20593–7581, or at the
National Archives and Records Administration (NARA). For information on
the availability of this material at
NARA, call 202–741–6030, or go to: http://
www.archives.gov/federallregister/
codeloflfederallregulations/
ibrllocations.html. All material is
available from the sources indicated in
paragraph (b) of this section.
(b) The materials approved for incorporation by reference in this subchapter are as follows:
INTERNATIONAL MARITIME ORGANIZATION
(IMO)
Publication Section, 4 Albert Embankment, London SE1 7SR, United Kingdom.
Conference resolution 1, Adoption of amendments to the
Annex to the International
Convention for the Safety of
Life at Sea, 1974, and
amendments to Chapter XI
of SOLAS 1974, adopted December 12, 2002, (SOLAS
Chapter XI–1 or SOLAS
Chapter XI–2).

101.120; 101.310;
101.410; 101.505;
104.105; 104.115;
104.120; 104.297;
104.400.

Conference resolution 2, Adoption of the International
Code for the Security of
Ships and of Port Facilities,
parts A and B, adopted on
December 12, 2002 (ISPS
Code).

101.410; 101.505;
104.105; 104.115;
104.120; 104.297;
104.400.

[USCG–2003–14792, 68 FR 39278, July 1, 2003, as
amended at 69 FR 18803, Apr. 9, 2004; USCG–
2010–0351, 75 FR 36282, June 25, 2010]

§ 101.120 Alternatives.
(a) Alternative Security Agreements. (1)
The U.S. may conclude in writing, as
provided in SOLAS Chapter XI–2, Regulation 11 (Incorporated by reference,
see § 101.115), a bilateral or multilateral
agreements with other Contracting
Governments to SOLAS on Alternative
Security Arrangements covering short
international voyages on fixed routes
between facilities subject to the jurisdiction of the U.S. and facilities in the
territories of those Contracting Governments.
(2) As further provided in SOLAS
Chapter XI–2, Regulation 11, a vessel
covered by such an agreement shall not
conduct any vessel-to-vessel activity
with any vessel not covered by the
agreement.
(b) Alternative Security Programs. (1)
Owners and operators of vessels and facilities required to have security plans
under part 104, 105, or 106 of this subchapter, other than vessels that are
subject to SOLAS Chapter XI, may
meet an Alternative Security Program
that has been reviewed and approved
by the Commandant (CG-54) as meeting
the requirements of part 104, 105, or 106,
as applicable.
(2) Owners or operators must implement an approved Alternative Security
Program in its entirety to be deemed
in compliance with either part 104, 105,
or 106.
(3) Owners or operators who have implemented an Alternative Security
Program must send a letter to the appropriate plan approval authority
under part 104, 105, or 106 of this subchapter identifying which Alternative
Security Program they have implemented, identifying those vessels or facilities that will implement the Alternative Security Program, and attesting
that they are in full compliance therewith. A copy of this letter shall be retained on board the vessel or kept at

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