[Code of Federal Regulations]
[Title 33, Volume 1]
[Revised as of July 1, 2008]
From the U.S. Government Printing Office via GPO Access
[CITE: 33CFR101.120]

[Page 336-337]
 
                TITLE 33--NAVIGATION AND NAVIGABLE WATERS
 
         CHAPTER I--COAST GUARD, DEPARTMENT OF HOMELANDSECURITY
 
PART 101_MARITIME SECURITY: GENERAL--Table of Contents
 
                            Subpart A_General
 
Sec. 101.120  Alternatives.

    (a) Alternative Security Agreements. (1) The U.S. mayconclude in 
writing, as provided in SOLAS Chapter XI-2,Regulation 11 (Incorporated 
by reference, see Sec. 101.115),a bilateral or multilateral agreements 
with other ContractingGovernments to SOLAS on Alternative Security 
Arrangements coveringshort international voyages on fixed routes between 
facilities subjectto the jurisdiction of the U.S. and facilities in the 
territories ofthose Contracting Governments.
    (2) As further provided in SOLAS Chapter XI-2, Regulation11, a 
vessel covered by such an agreement shall not conduct anyvessel-to-
vessel activity with any vessel not covered by theagreement.
    (b) Alternative Security Programs. (1) Owners and operatorsof 
vessels and facilities required to have security plans under part104, 
105, or 106 of this subchapter, other than vessels that aresubject to 
SOLAS Chapter XI, may meet an Alternative Security Programthat has been 
reviewed and approved by the Commandant (CG-54) asmeeting the 
requirements of part 104, 105, or 106, as applicable.
    (2) Owners or operators must implement an approved 
AlternativeSecurity Program in its entirety to be deemed in compliance 
witheither part 104, 105, or 106.
    (3) Owners or operators who have implemented an AlternativeSecurity 
Program must send a letter to the appropriate plan approvalauthority 
under part 104, 105, or 106 of this subchapter identifyingwhich 
Alternative Security Program they have implemented, identifyingthose 
vessels or facilities that will implement the AlternativeSecurity 
Program, and attesting that they are in full compliancetherewith. A copy 
of this letter shall be retained on board the vesselor kept at the 
facility to which it pertains along with a copy of theAlternative 
Security Program and a vessel, facility, or OuterContinental Shelf 
facility specific security assessment reportgenerated under the 
Alternative Security Program.
    (4) Owners or operators shall make available to the Coast Guard,upon 
request, any information related to implementation of an 
approvedAlternative Security Program.
    (c) Approval of Alternative Security Programs. You mustsubmit to the

[[Page 337]]

Commandant (CG-54) for review and approval theAlternative Security 
Program and the following information to assessthe adequacy of the 
proposed Alternative Security Program:
    (1) A list of the vessel and facility type that the 
AlternativeSecurity Program is intended to apply;
    (2) A security assessment for the vessel or facility type;
    (3) Explanation of how the Alternative Security Program addressesthe 
requirements of parts 104, 105, or 106, as applicable; and
    (4) Explanation of how owners and operators must implement 
theAlternative Security Program in its entirety, including performing 
anoperational and vessel or facility specific assessment andverification 
of implementation.
    (d) Amendment of Approved Alternative Security Programs. 
(1)Amendments to an Alternative Security Program approved under 
thissection may be initiated by--
    (i) The submitter of an Alternative Security Program underparagraph 
(c) of this section; or
    (ii) The Coast Guard upon a determination that an amendment isneeded 
to maintain the security of a vessel or facility. The CoastGuard will 
give the submitter of an Alternative Security Programwritten notice and 
request that the submitter propose amendmentsaddressing any matters 
specified in the notice. The submitter willhave at least 60 days to 
submit its proposed amendments.
    (2) Proposed amendments must be sent to the Commandant (CG-54). 
Ifinitiated by the submitter, the proposed amendment must be submittedat 
least 30 days before the amendment is to take effect unless 
theCommandant (CG-54) allows a shorter period. The Commandant (CG-
54)will approve or disapprove the proposed amendment in accordance 
withparagraph (f) of this section.
    (e) Validity of Alternative Security Program. An AlternativeSecurity 
Program approved under this section is valid for 5 years fromthe date of 
its approval.
    (f) The Commandant (CG-54) will examine each submission 
forcompliance with this part, and either:
    (1) Approve it and specify any conditions of approval, returningto 
the submitter a letter stating its acceptance and any conditions;
    (2) Return it for revision, returning a copy to the submitter 
withbrief descriptions of the required revisions; or
    (3) Disapprove it, returning a copy to the submitter with a 
briefstatement of the reasons for disapproval.

[USCG-2003-14792, 68 FR 39278, July 1, 2003, asamended at 68 FR 60471, 
Oct. 22, 2003]