[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: 33CFR101.410]

[Page 340-341]
 
                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. 101.410  Control and Compliance Measures.

    (a) The COTP may exercise authority pursuant to 33 CFR parts 6,160 
and 165, as appropriate, to rectify non-compliance with thissubchapter. 
COTPs or their designees are the officers duly authorizedto exercise 
control and compliance measures under SOLAS ChapterXI-2, Regulation 9, 
and the ISPS Code (Incorporated byreference, see Sec. 101.115).
    (b) Control and compliance measures for vessels not in 
compliancewith this subchapter may include, but are not limited to, one 
or moreof the following:
    (1) Inspection of the vessel;
    (2) Delay of the vessel;
    (3) Detention of the vessel;
    (4) Restriction of vessel operations;
    (5) Denial of port entry;
    (6) Expulsion from port;

[[Page 341]]

    (7) Lesser administrative and corrective measures; or
    (8) Suspension or revocation of a security plan approved by theU.S., 
thereby making that vessel ineligible to operate in, on, orunder waters 
subject to the jurisdiction of the U.S. in accordancewith 46 U.S.C. 
70103(c)(5).
    (c) Control and compliance measures for facilities not incompliance 
with this subchapter may include, but are not limited to,one or more of 
the following:
    (1) Restrictions on facility access;
    (2) Conditions on facility operations;
    (3) Suspension of facility operations;
    (4) Lesser administrative and corrective measures; or
    (5) Suspension or revocation of security plan approval, 
therebymaking that facility ineligible to operate in, on, under or 
adjacentto waters subject to the jurisdiction of the U.S. in accordance 
with46 U.S.C. 70103(c)(5).
    (d) Control and compliance measures under this section may beimposed 
on a vessel when it has called on a facility or at a port thatdoes not 
maintain adequate security measures to ensure that the levelof security 
to be achieved by this subchapter has not beencompromised.

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