---
kind: "section"
citation: "33 C.F.R. § 105.110"
title: "33"
number: "105.110"
heading: "Exemptions."
url: "https://uscodex.org/cfr/33/105.110"
---

# §105.110. Exemptions.

- (a) A public access area designated under [§ 105.106](/cfr/33/105.106.md) is exempt from the requirements for screening of persons, baggage, and personal effects and identification of persons in [subpart E of part 101](/cfr/33/part101-subpartE.md) of this subchapter, as applicable, in §§ [105.255](/cfr/33/105.255.md) and [105.285(a)(1)](/cfr/33/105.285.md?p=a-1).
- (b) An owner or operator of any general shipyard facility as defined in [§ 101.105](/cfr/33/101.105.md) of this subchapter is exempt from the requirements of this part unless the facility—
  - (1) Is subject to parts [126](/cfr/33/part126.md), [127](/cfr/33/part127.md), or 154 of this chapter; or
  - (2) Provides any other service to vessels subject to [part 104](/cfr/33/part104.md) of this subchapter not related to construction, repair, rehabilitation, refurbishment, or rebuilding.
- (c) **Public access facility.**
  - (1) The COTP may exempt a public access facility from the requirements of this part, including establishing conditions for which such an exemption is granted, to ensure that adequate security is maintained.
  - (2) **The owner or operator of any public access facility exempted under this section must—**
    - (i) Comply with any COTP conditions for the exemption; and
    - (ii) Ensure that the cognizant COTP has the appropriate information for contacting the individual with security responsibilities for the public access facility at all times.
  - (3) The cognizant COTP may withdraw the exemption for a public access facility at any time the owner or operator fails to comply with any requirement of the COTP as a condition of the exemption or any measure ordered by the COTP pursuant to existing COTP authority.
- (d) An owner or operator of a facility is not subject to this part if the facility receives only vessels to be laid-up, dismantled, or otherwise placed out of commission provided that the vessels are not carrying and do not receive cargo or passengers at that facility.
- (e) Barge fleeting facilities without shore side access are exempt from the requirements in [33 CFR 101.535(b)(1)](/cfr/33/101.535.md?p=b-1).

## Notes

### Amendments

[USCG-2007-28915, 81 FR 57711, Aug. 23, 2016]

### Authority

Authority: 46 U.S.C. 70034, 70103, 70116; sec. 811, Pub. L. 111-281, 124 Stat. 2905 (46 U.S.C. 70103 note); 33 CFR 1.05-1, 6.04-11, 6.14, 6.16, and 6.19; DHS Delegation No. 00170.1, Revision No. 01.4.

### Source

Source: USCG-2003-14732, 68 FR 39322, July 1, 2003, unless otherwise noted.

### Amendments

[USCG-2007-28915, 81 FR 57711, Aug. 23, 2016]