[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: 33CFR101.405]

[Page 340]
 
                TITLE 33--NAVIGATION AND NAVIGABLE WATERS
 
         CHAPTER I--COAST GUARD, DEPARTMENT OF HOMELANDSECURITY
 
PART 101_MARITIME SECURITY: GENERAL--Table of Contents
 
                 Subpart D_Control Measures for Security
 
Sec. 101.405  Maritime Security (MARSEC) Directives.

    (a)(1) When the Coast Guard determines that additional 
securitymeasures are necessary to respond to a threat assessment or to 
aspecific threat against the maritime elements of the 
nationaltransportation system, the Coast Guard may issue a MARSEC 
Directivesetting forth mandatory measures. Only the Commandant or his/
herdelegee may issue MARSEC Directives under this section. Prior 
toissuing a MARSEC Directive, the Commandant or his/her delegee 
willconsult with those Federal agencies having an interest in the 
subjectmatter of that MARSEC Directive. All MARSEC Directives issued 
underthis section shall be marked as sensitive security information 
(SSI)in accordance with 49 CFR part 1520.
    (2) When a MARSEC Directive is issued, the Coast Guard 
willimmediately publish a notice in the Federal Register, andaffected 
owners and operators will need to go to their local COTP orcognizant 
District Commander to acquire a copy of the MARSECDirective. COTPs and 
District Commanders will require owners oroperators to prove that they 
are a person required by 49 CFR 1520.5(a)to restrict disclosure of and 
access to sensitive securityinformation, and that under 49 CFR 
1520.5(b), they have a need to knowsensitive security information.
    (b) Each owner or operator of a vessel or facility to whom aMARSEC 
Directive applies is required to comply with the relevantinstructions 
contained in a MARSEC Directive issued under this sectionwithin the time 
prescribed by that MARSEC Directive.
    (c) Each owner or operator of a vessel or facility required tohave a 
security plan under parts 104, 105 or 106 of this subchapterthat 
receives a MARSEC Directive must:
    (1) Within the time prescribed in the MARSEC Directive,acknowledge 
receipt of the MARSEC Directive to their local COTP or, ifa facility 
regulated under part 106 of this subchapter, to theircognizant District 
Commander; and
    (2) Within the time prescribed in the MARSEC Directive, specifythe 
method by which the measures in the MARSEC Directive have 
beenimplemented (or will be implemented, if the MARSEC Directive is 
notyet effective).
    (d) In the event that the owner or operator of a vessel orfacility 
required to have a security plan under part 104, 105, or 106of this 
subchapter is unable to implement the measures in the MARSECDirective, 
the owner or operator must submit proposed equivalentsecurity measures 
and the basis for submitting the equivalent securitymeasures to the COTP 
or, if a facility regulated under part 106 ofthis subchapter, to their 
cognizant District Commander, for approval.
    (e) The owner or operator must submit the proposed 
equivalentsecurity measures within the time prescribed in the MARSEC 
Directive.The owner or operator must implement any equivalent security 
measuresapproved by the COTP, or, if a facility regulated under part 106 
ofthis subchapter, by their cognizant District Commander.

[USCG-2003-14792, 68 FR 39278, July 1, 2003, asamended at 68 FR 60472, 
Oct. 22, 2003]