128.305—Who must submit a Terminal Security Plan?
(a)
The owner or operator of the vessel must submit a Terminal Security Plan whenever—
(1)
There is an agreement with you that the owner or operator of the vessel will submit the Plan;
(2)
The owner or operator of the vessel has exclusive use of the pier and terminal building immediately adjacent to the pier and has complete control of that area;
(3)
There is no terminal; or
(4)
Passengers embark or disembark but no baggage or stores are loaded or offloaded.
(b)
In the situations described in paragraphs (a)(3) and (4) of this section, the owner or operator of the vessel may, with the permission of the cognizant COTP, use an annex to the vessel's security plan instead of a Terminal Security Plan.
(c)
You must submit a Terminal Security Plan whenever—
(1)
There is an agreement with the owner or operator of the vessel that you will submit the Plan;
(2)
No security agreement exists; or
(3)
(i)
At least one vessel other than a passenger vessel uses the terminal;
(ii)
More than one passenger vessel line uses the terminal; or
(iii)
The terminal loads or offloads baggage or stores.
Code of Federal Regulations
[CGD 91-012, 63 FR 53592, Oct. 6, 1998]