---
kind: "section"
citation: "33 C.F.R. § 105.410"
title: "33"
number: "105.410"
heading: "Submission and approval."
url: "https://uscodex.org/cfr/33/105.410"
---

# §105.410. Submission and approval.

- (a) The owner or operator of each facility currently in operation must either:
  - (1) Submit one copy of their Facility Security Plan (FSP) for review and approval to the cognizant COTP and a letter certifying that the FSP meets applicable requirements of this part; or
  - (2) If intending to operate under an Approved Alternative Security Program, a letter signed by the facility owner or operator stating which approved Alternative Security Program the owner or operator intends to use.
- (b) Owners or operators of facilities not in service on or before December 31, 2003, must comply with the requirements in [paragraph (a)](#a) of this section 60 days prior to beginning operations.
- (c) The cognizant COTP will examine each submission for compliance with this part and either:
  - (1) Approve it and specify any conditions of approval, returning to the submitter a letter stating its acceptance and any conditions;
  - (2) Return it for revision, returning a copy to the submitter with brief descriptions of the required revisions; or
  - (3) Disapprove it, returning a copy to the submitter with a brief statement of the reasons for disapproval.
- (d) An FSP may be submitted and approved to cover more than one facility where they share similarities in design and operations, if authorized and approved by each cognizant COTP.
- (e) Each facility owner or operator that submits one FSP to cover two or more facilities of similar design and operation must address facility-specific information that includes the design and operational characteristics of each facility and must complete a separate Facility Vulnerability and Security Measures Summary (Form CG-6025), for each facility covered by the plan. The form is available at https://www.dcms.uscg.mil/forms/.
- (f) **A FSP that is approved by the cognizant COTP is valid for five years from the date of its approval.**

## Notes

### Amendments

[USCG-2003-14732, 68 FR 39322, July 1, 2003; 68 FR 41916, July 16, 2003, as amended at 68 FR 60542, Oct. 22, 2003; USCG-2004-19963, 70 FR 74669, Dec. 16, 2005; USCG-2013-0397, 78 FR 39173, July 1, 2013; USCG-2007-28915, 81 FR 57713, Aug. 23, 2016; USCG-2020-0304, 85 FR 58278, Sept. 18, 2020]

### 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; 68 FR 41916, July 16, 2003, as amended at 68 FR 60542, Oct. 22, 2003; USCG-2004-19963, 70 FR 74669, Dec. 16, 2005; USCG-2013-0397, 78 FR 39173, July 1, 2013; USCG-2007-28915, 81 FR 57713, Aug. 23, 2016; USCG-2020-0304, 85 FR 58278, Sept. 18, 2020]