---
kind: "section"
citation: "33 C.F.R. § 105.305"
title: "33"
number: "105.305"
heading: "Facility Security Assessment (FSA) requirements."
url: "https://uscodex.org/cfr/33/105.305"
---

# §105.305. Facility Security Assessment (FSA) requirements.

- (a) **Background.** The facility owner or operator must ensure that the following background information, if applicable, is provided to the person or persons who will conduct the assessment:
  - (1) **The general layout of the facility, including—**
    - (i) The location of each active and inactive access point to the facility;
    - (ii) The number, reliability, and security duties of facility personnel;
    - (iii) Security doors, barriers, and lighting;
    - (iv) The location of restricted areas;
    - (v) The emergency and stand-by equipment available to maintain essential services;
    - (vi) The maintenance equipment, cargo spaces, storage areas, and unaccompanied baggage storage;
    - (vii) Location of escape and evacuation routes and assembly stations; and
    - (viii) Existing security and safety equipment for protection of personnel and visitors;
  - (2) Response procedures for fire or other emergency conditions;
  - (3) Procedures for monitoring facility and vessel personnel, vendors, repair technicians, and dock workers;
  - (4) Existing contracts with private security companies and existing agreements with local or municipal agencies;
  - (5) Procedures for controlling keys and other access prevention systems;
  - (6) Procedures for cargo and vessel stores operations;
  - (7) Response capability to security incidents;
  - (8) Threat assessments, including the purpose and methodology of the assessment, for the port in which the facility is located or at which passengers embark or disembark;
  - (9) Previous reports on security needs; and
  - (10) **Any other existing security procedures and systems, equipment, communications, and facility personnel.**
- (b) **On-scene survey.** The facility owner or operator must ensure that an on-scene survey of each facility is conducted. The on-scene survey examines and evaluates existing facility protective measures, procedures, and operations to verify or collect the information required in [paragraph (a)](#a) of this section.
- (c) **Analysis and recommendations.** In conducting the FSA, the facility owner or operator must ensure that the FSO analyzes the facility background information and the on-scene survey, and considering the requirements of this part, provides recommendations to establish and prioritize the security measures that should be included in the FSP. The analysis must consider:
  - (1) **Each vulnerability found during the on-scene survey including but not limited to—**
    - (i) Waterside and shore-side access to the facility and vessel berthing at the facility;
    - (ii) Structural integrity of the piers, facilities, and associated structures;
    - (iii) Existing security measures and procedures, including identification systems;
    - (iv) Existing security measures and procedures relating to services and utilities;
    - (v) Measures to protect radio and telecommunication equipment, including computer systems and networks;
    - (vi) Adjacent areas that may be exploited during or for an attack;
    - (vii) Areas that may, if damaged or used for illicit observation, pose a risk to people, property, or operations within the facility;
    - (viii) Existing agreements with private security companies providing waterside and shore-side security services;
    - (ix) Any conflicting policies between safety and security measures and procedures;
    - (x) Any conflicting facility operations and security duty assignments;
    - (xi) Any enforcement and personnel constraints;
    - (xii) Any deficiencies identified during daily operations or training and drills; and
    - (xiii) Any deficiencies identified following security incidents or alerts, the report of security concerns, the exercise of control measures, or audits;
  - (2) **Possible security threats, including but not limited to—**
    - (i) Damage to or destruction of the facility or of a vessel moored at the facility;
    - (ii) Hijacking or seizure of a vessel moored at the facility or of persons on board;
    - (iii) Tampering with cargo, essential equipment or systems, or stores of a vessel moored at the facility;
    - (iv) Unauthorized access or use including the presence of stowaways;
    - (v) Smuggling dangerous substances and devices to the facility;
    - (vi) Use of a vessel moored at the facility to carry those intending to cause a security incident and their equipment;
    - (vii) Use of a vessel moored at the facility as a weapon or as a means to cause damage or destruction;
    - (viii) Impact on the facility and its operations due to a blockage of entrances, locks, and approaches; and
    - (ix) Use of the facility as a transfer point for nuclear, biological, radiological, explosive, or chemical weapons;
  - (3) Threat assessments by Government agencies;
  - (4) Vulnerabilities, including human factors, in the facility's infrastructure, policies and procedures;
  - (5) Any particular aspects of the facility, including the vessels using the facility, which make it likely to be the target of an attack;
  - (6) Likely consequences in terms of loss of life, damage to property, and economic disruption, including disruption to transportation systems, of an attack on or at the facility; and
  - (7) Locations where access restrictions or prohibitions will be applied for each MARSEC Level.
- (d) **FSA report.**
  - (1) The facility owner or operator must ensure that a written FSA report is prepared and included as part of the FSP. The report must contain:
    - (i) A summary of how the on-scene survey was conducted;
    - (ii) A description of existing security measures, including inspection, control and monitoring equipment, personnel identification documents and communication, alarm, lighting, access control, and similar systems;
    - (iii) A description of each vulnerability found during the on-scene survey;
    - (iv) A description of security measures that could be used to address each vulnerability;
    - (v) A list of the key facility operations that are important to protect; and
    - (vi) A list of identified weaknesses, including human factors, in the infrastructure, policies, and procedures of the facility.
  - (2) A FSA report must describe the following elements within the facility:
    - (i) Physical security;
    - (ii) Structural integrity;
    - (iii) Personnel protection systems;
    - (iv) Procedural policies;
    - (v) Radio and telecommunication systems, including computer systems and networks;
    - (vi) Relevant transportation infrastructure; and
    - (vii) **Utilities.**
  - (3) The FSA report must list the persons, activities, services, and operations that are important to protect, in each of the following categories:
    - (i) Facility personnel;
    - (ii) Passengers, visitors, vendors, repair technicians, vessel personnel, etc.;
    - (iii) Capacity to maintain emergency response;
    - (iv) Cargo, particularly dangerous goods and hazardous substances;
    - (v) Delivery of vessel stores;
    - (vi) Any facility security communication and surveillance systems; and
    - (vii) **Any other facility security systems, if any.**
  - (4) The FSA report must account for any vulnerabilities in the following areas:
    - (i) Conflicts between safety and security measures;
    - (ii) Conflicts between duties and security assignments;
    - (iii) The impact of watch-keeping duties and risk of fatigue on facility personnel alertness and performance;
    - (iv) Security training deficiencies; and
    - (v) **Security equipment and systems, including communication systems.**
  - (5) The FSA report must discuss and evaluate key facility measures and operations, including:
    - (i) Ensuring performance of all security duties;
    - (ii) Controlling access to the facility, through the use of identification systems or otherwise;
    - (iii) Controlling the embarkation of vessel personnel and other persons and their effects (including personal effects and baggage whether accompanied or unaccompanied);
    - (iv) Procedures for the handling of cargo and the delivery of vessel stores;
    - (v) Monitoring restricted areas to ensure that only authorized persons have access;
    - (vi) Monitoring the facility and areas adjacent to the pier; and
    - (vii) **The ready availability of security communications, information, and equipment.**
- (e) The FSA, FSA report, and FSP must be protected from unauthorized access or disclosure.

## Notes

### Amendments

[USCG-2003-14732, 68 FR 39322, July 1, 2003, as amended at 68 FR 60542, Oct. 22, 2003]

### 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-2003-14732, 68 FR 39322, July 1, 2003, as amended at 68 FR 60542, Oct. 22, 2003]