33 USC 126: Security plans

            
 
          
 126.1   What does this part apply to?

This part applies to waterfront facilities handling packaged and
bulk-solid dangerous cargo and to vessels at those facilities.
 126.3   Definitions.
As used in this part—

Break-bulk means packages that are handled individually, palletized, or
unitized for purposes of transportation, as opposed to materials in bulk
and containerized freight.

Bulk means without mark or count and directly loaded or unloaded to or
from a hold or tank on a vessel without the use of containers or
break-bulk packaging.

Captain of the port or COTP means the officer of the Coast Guard, under
the command of a District Commander, is designated by the Commandant for
the purpose of giving immediate direction to Coast Guard law enforcement
activities within an assigned area.

Cargo of particular hazard means any of the following:

(1) Division 1.1 and 1.2 explosives, as defined in 49 CFR 173.50, for
which a permit is required under 33 CFR 126.17.

(2) Ammonium nitrate products, division 5.1 (oxidizing) materials listed
in 49 CFR 176.410, for which a permit is required under 49 CFR 176.415.

(3) Division 4.3 dangerous when wet products as defined in 49 CFR
173.124, in excess of 60 mt.

(4) Division 2.3 and 6.1 poison inhalation hazard products as defined in
49 CFR 173.115 and 173.132, respectively.

(5) Class 7 highway route controlled quantity radioactive material or
fissile material, controlled shipment, as defined in 49 CFR 173.403.

Commandant means the Commandant of the United States Coast Guard.

Container means a reusable container that has a volume of 1.81 cubic
meters (64 cubic feet) or more, is designed and constructed to permit
being lifted with its contents intact, and is intended primarily for
containment of packages (in unit form) during transportation.

Dangerous cargo means all hazardous materials listed in 49 CFR parts 170
through 179, except those materials preceded by an “A” in the Hazardous
Materials Table in 49 CFR 172.101, and all cargo listed in 46 CFR part
148.

Designated dangerous cargo means Division 1.1 and 1.2 explosives as
defined in 49 CFR 173.50.

Designated waterfront facility means a waterfront facility designated
under 126.13 for the handling, storing, loading, and discharging of any
hazardous material(s) subject to the Dangerous Cargoes Regulations (49
CFR parts 170 through 179), except for those materials preceded by an
“A” in the Hazardous Materials Table in 49 CFR 172.101 and for those
materials carried as bulk liquids.

Facility of particular hazard means a designated waterfront facility
that is authorized to handle a cargo of particular hazard.

Facility operator means the person or company who owns, operates, or is
responsible for the operation of a waterfront facility.

Net tons means net weight in tons.

Net weight, in reference to material in a package, tank, or container,
means the weight of the contents of a package, tank, or container and
does not include the weight of any packaging material or containing
devices.

Transport unit means a transport vehicle or a container.

Waterfront facility means all piers, wharves, and similar structures to
which a vessel may be secured; areas of land, water, or land and water
under and in the immediate proximity to these structures; buildings on
or contiguous to these structures; and the equipment and materials on or
in these structures or buildings. The term does not include facilities
directly operated by the Department of Defense.

[USCG–1998–4302, 68 FR 55440, Sept. 26, 2003, as amended by
USCG–2008–0179, 73 FR 35013, June 19, 2008]

126.5   Incorporation by reference: Where can I get a copy of the
publications mentioned in this part?
(a) Certain material is incorporated by reference into this part with
the approval of the Director of the Federal Register under 5 U.S.C.
552(a) and 1 CFR part 51. To enforce any edition other than that
specified in paragraph (b) of this section, we must publish a notice of
change in theFederal Registerand the material must be available to the
public. All approved material is available for inspection at the U.S.
Coast Guard, Vessel and Facility Operating Standards Division (CG–522),
2100 2nd St. SW., Stop 7126, Washington, DC 20593–7126, and at the
National Archives and Records Administration (NARA). For information on
the availability of this material at NARA, call 202–741–6030, or go to:
http://www.archives.gov/federal_register/code_of_federal_regulations/ibr_locations.html.
All approved material is available from the sources indicated in
paragraph (b) of this section.

(b) The materials approved for incorporation by reference in this part,
and the sections affected, are as follows:

American Society for Testing and Materials (ASTM), 100 Barr Harbor
Drive, PO Box C700 West CONSHOHOCKEN, PA 19428–2959:
ASTM F–1121, Standard Specification for International Shore Connections
for Marine Fire Applications, 1987 Edition	126.15
National Fire Protection Association (NFPA), One Batterymarch Park, P.O.
Box 9101, Quincy, MA 02269–9101:
NFPA 10, Standard for Portable Fire Extinguishers, 1998 Edition	126.15
NFPA 13, Standard for the Installation of Sprinkler Systems, 1996
Edition	126.15
NFPA 14, Standard for the Installation of Standpipe and Hose Systems,
1996 Edition	126.15
NFPA 30, Flammable and Combustible Liquids Code, 1996	126.15
NFPA 51B, Standard for Fire Prevention in Use of Cutting and Welding
Processes, 1994 Edition	126.30
NFPA 70, National Electrical Code, 1996	126.15
NFPA 307, Standard for the Construction and Fire Protection of Marine
Terminals, Piers, and Wharves, 1995 Edition	126.15
[USCG–1998–4302, 68 FR 55441, Sept. 26, 2003, as amended at 69 FR 18803,
Apr. 9, 2004; USCG–2010–0351, 75 FR 36283, June 25, 2010]

 126.11   Waiver authority based on local or unusual conditions.
Whenever the Commandant, the District Commander, or the Captain of the
Port finds that the application of any provisions contained in 126.15
and 126.16 is not necessary to the safety or security of the port and
vessels and waterfront facilities therein, or that its application is
not practical because of local conditions or because the materials or
personnel required for compliance are not available, or because the
requirements of the national defense justify a departure from such
provision, the Commandant, the District Commander, or the Captain of the
Port may waive compliance with such provision, to the extent and under
such requirements as they determine.
126.12   How do I request the use of an alternative method of complying
with a requirement in this part?
(a) An owner or operator of a waterfront facility may request that the
COTP allow the use of an alternative method of complying with a
requirement in this part.

(b) The request must establish, to the COTP's satisfaction—

(1) That compliance with the requirement is economically or physically
impractical; and

(2) That the alternative requested provides an equivalent or greater
level of safety.

(c) The COTP examines the request and provides an answer, in writing,
within 30 days of receipt of the request.
 126.13   Designation of waterfront facilities.
(a) Waterfront facilities which fulfill the conditions required in
126.15, unless waived under provisions of 126.11, and only such
waterfront facilities are designated for the handling, storing, stowing,
loading, discharging, or transporting of dangerous cargo, subject to
compliance with other applicable requirements and provisions set forth
in this part.

(b) Handling, storing, stowing, loading, discharging, or transporting
dangerous cargo at any waterfront facility other than one designated by
this section is hereby prohibited, and violation of this prohibition
will subject the violator to the civil or criminal penalties provided in
section 13 of the Ports and Waterways Safety Act (33 U.S.C. 1232).

[CGFR 57–52, 22 FR 10302, Dec. 20, 1957, as amended by CGD 78–023, 44 FR
4643, Jan. 22, 1979]

 126.15   What conditions must a designated waterfront facility meet?
(a) All designated waterfront facilities must meet the following:

(1) Fire extinguishing equipment. Fire extinguishing equipment, such as
automatic sprinklers, hydrants, hose connections, and firefighting water
supplies must be available and maintained in adequate quantities and
locations. Fire extinguishing equipment must meet State and local laws.
In the absence of applicable State and local laws, fire extinguishing
equipment must meet NFPA 10, 13, 14, and 307. (Incorporated by
reference, see 126.5.)

(2) Fire appliances. The location of all fire appliances, such as
hydrants, standpipes, hose stations, fire extinguishers, and fire alarm
boxes must be conspicuously marked and readily accessible according to
NFPA 10, 13, 14, and 307.

(3) Warning signs. Warning signs must be constructed and installed
according to NFPA 307, chapter 7–8.7.

(4) Lighting. If the facility transfers dangerous cargo between sunset
and sunrise, it must have outdoor lighting that adequately illuminates
the transfer work area. The lighting must be installed and maintained
according to NFPA 70 (Incorporated by reference, see 126.5.) and must be
located or shielded so that it cannot be mistaken for an aid to
navigation and does not interfere with navigation on waterways.

(5) International shore connection. If the facility conducts cargo
operations involving foreign-flag vessels, the facility must have an
international shore connection meeting ASTM F–1121. (Incorporated by
reference, see 126.5.)

(6) Access to the facility. Whenever dangerous cargo is transferred or
stored on the facility, access to the facility must be limited to—

(i) Personnel working on the facility or vessel;

(ii) Delivery and service personnel authorized to conduct their
business;

(iii) Coast Guard and other Federal, State, and local officials;

(iv) Local emergency personnel, such as police officers and firemen; and

(v) Other persons authorized by the owner or operator of the facility.

(7) Security measures. Guards must be stationed, or equivalent controls
acceptable to the COTP must be used, to deter and detect unlawful
entrance; to detect and report fire hazards, fires, and releases of
dangerous cargoes and hazardous materials; to check the readiness of
protective equipment; and to report other emergency situations at the
facility.

(8) Coast Guard personnel. At any time, Coast Guard personnel must be
allowed to enter the facility to conduct inspections or board vessels
moored at the facility.

(9) Material handling equipment, trucks, and other motor vehicles. When
dangerous cargo is being transferred or stored on the facility, material
handling equipment, trucks, and other motor vehicles operated by
internal combustion engines must meet the requirements of NFPA 307,
chapter 9.

(10) Smoking. Smoking is allowed on the facility where permitted under
State or local law. Signs must be posted marking authorized smoking
areas. “No Smoking” signs must be conspicuously posted elsewhere on the
facility.

(11) Rubbish and waste material. All rubbish, debris, and waste
materials must be placed in adequate receptacles.

(12) Adequacy of equipment, materials, and standards. The COTP may
determine that any equipment, material, or standard is not reasonably
adequate under the circumstances. If so, the COTP informs the owner or
operator in writing and provides an opportunity for the owner or
operator to have the deficiency corrected.

(b) All designated waterfront facilities that handle dangerous cargo,
not in transport units, must also meet the following:

(1) Arrangement of cargo, freight, merchandise, or material. Cargo,
freight, merchandise, and other items or material on the facility must
be arranged to provide access for firefighting and clearance for fire
prevention according to NFPA 307, chapter 8–5.

(2) Portable fire extinguishers. Each facility must have and maintain,
in adequate quantities and locations, portable fire extinguishers that
meet the requirements of NFPA 10. These extinguishers must be inspected
and maintained in accordance with NFPA 10.

(3) Electrical systems. All new electrical equipment and wiring
installed on the facility must be of the same type and installed as
specified under NFPA 70. All defective or dangerous electrical equipment
and wiring must be promptly repaired, replaced, or permanently
disconnected.

(4) Heating equipment and other sources of ignition. Open fires and
open-flame lamps are prohibited on the facility. Heating equipment must
meet NFPA 307, chapter 9–4.

(5) Maintenance stores and supplies. Hazardous material(s) used in the
operation or maintenance of the facility may be stored only in amounts
necessary for normal operating conditions. These materials must be
stored in compartments that are remote from combustible material;
constructed to provide safe storage; and kept clean and free of scrap
materials, empty containers, soiled wiping rags, waste, and other
debris. Flammable liquids must be stored according to NFPA 30, chapter
4. (Incorporated by reference, see 126.5.)

(c) All designated waterfront facilities that handle dangerous cargo in
transport units must also meet the following:

(1) Terminal yards. Terminal yards must conform to the standards in NFPA
307, chapter 5.

(2) Containers. Containers packed with dangerous cargo that are
vertically stacked must be stacked no more than four high.
126.16   Conditions for designating a “facility of particular hazard.”
(a) Basic requirements. The facility shall comply with all the
conditions in 126.15 except where specifically waived by 126.11.

(b) Warning alarms. Warning alarms shall be installed at the waterside
of such a facility to warn approaching or transiting water traffic of
immediate danger in the event of fire or cargo release. Warning alarms
shall be of the siren type, or the emergency rotating flashing light
type, and be of sufficient intensity to be heard, or seen, a distance of
1 mile during normal facility working conditions. The alarm signal shall
not conflict with local municipal prescription.
 126.17   Permits required for handling designated dangerous cargo.
Designated dangerous cargo may be handled, loaded, discharged, or
transported at any designated waterfront facility only if a permit
therefor has been issued by the Captain of the Port. This permit
requirement may be waived, at the discretion of the Captain of the Port,
when such cargoes are contained within railroad cars or highway vehicles
which are moved on or across a waterfront facility used primarily for
the transfer of railroad cars or highway vehicles to or from a railroad
or highway vehicle ferry or carfloat; provided such designated cargoes
are not removed from, or placed in, the railroad car or highway vehicle
while it is in or on such waterfront facility.
 126.19   Issuance of permits for handling designated dangerous cargo.
Upon the application of the owners or operators of a designated
waterfront facility or of their authorized representatives, the Captain
of the Port is authorized to issue a permit for each transaction of
handling, loading, discharging, or transporting designated dangerous
cargo at such waterfront facility provided the following requirements
are met:

(a) The facility shall comply in all respect with the regulations in
this subchapter.

(b) The quantity of designated dangerous cargo, except Class 1
(explosive) materials shipped by or for the Armed Forces of the United
States, on the waterfront facility and vessels moored thereto shall not
exceed the limits as to maximum quantity, isolation and remoteness
established by local, municipal, territorial, or State authorities. Each
permit issued under these conditions shall specify that the limits so
established shall not be exceeded.

(c) The quantity of designated dangerous cargo consisting of Class 1
(explosive) materials shipped by or for the Armed Forces of the United
States on the waterfront facility and vessels moored thereto shall not
exceed the limits as to maximum quantity, isolation and remoteness as
established by the Captain of the Port. Each permit issued under these
conditions shall specify that the limits so established shall not be
exceeded.

[CGFR 53–27, 18 FR 5348, Sept. 3, 1953, as amended by CGD 92–050, 59 FR
39965, Aug. 5, 1994]

 126.21   Permitted transactions.
All permits issued pursuant to 126.19 are hereby conditioned upon the
observance and fulfillment of the following:

(a) The conditions set forth in 126.15 shall at all times be strictly
observed.

(b) No amount of designated dangerous cargo, except Class 1 (explosive)
materials shipped by or for the Armed Forces of the United States, in
excess of the maximum quantity established by local, municipal,
territorial, or State authorities shall be present on the waterfront
facility and vessels moored thereto.

(c) Designated dangerous cargo shall not be brought onto the waterfront
facility from shore except when laden within a railroad car or highway
vehicle and shall remain in such railroad car or highway vehicle except
when removed as an incident of its prompt transshipment. Designated
dangerous cargo shall not be brought onto the waterfront facility from a
vessel except as an incident of its prompt transshipment by railroad car
or highway vehicle.

(d) No other dangerous cargo shall be on the waterfront facility during
the period of transactions involving designated dangerous cargo, unless
its presence is authorized by the Captain of the Port. This shall not
apply to maintenance stores and supplies on the waterfront facility in
conformity with 126.15(g).

[CGFR 53–27, 18 FR 5348, Sept. 3, 1953, as amended by CGD 92–050, 59 FR
39965, Aug. 5, 1994]

 126.23   Termination or suspension of permits.
Any permit issued pursuant to 126.19 shall terminate automatically at
the conclusion of the transaction for which the permit has been issued
and may be terminated, or suspended, prior thereto by the Captain of the
Port whenever he deems that the security or safety of the port or
vessels or waterfront facilities therein so requires. Confirmation of
such termination or suspension by the Captain of the Port shall be given
to the permittee in writing.
126.25   Penalties for handling designated dangerous cargo without
permit.
Handling, loading, discharging, or transporting any designated dangerous
cargo without a permit, as provided under 126.17, being in force, will
subject persons responsible therefore to the civil or criminal penalties
provided in Section 13 of the Ports and Waterways Safety Act, as amended
(33 U.S.C. 1232).
 126.27   General permit for handling dangerous cargo.
A general permit is hereby issued for the handling, storing, stowing,
loading, discharging or transporting of dangerous cargo (other than
designated dangerous cargo) in bulk, portable tanks, containers, or
packagings, at designated waterfront facilities, conditioned upon the
observance and fulfillment of the following:

(a) The conditions set forth in 126.15 shall at all times be strictly
observed.

(b) You must notify the COTP before you handle, store, stow, load,
discharge, or transport, in the net weight amounts specified, the
following dangerous cargo, except when contained within transport units
or railroad or highway vehicles being transported across or on the
waterfront facility solely for transfer to or from a railroad-car ferry,
highway-vehicle ferry, or carfloat:

(1) Class 1, Division 1.3 and Division 1.5 (Explosive) materials, with a
net explosive quantity in excess of 36,400 kg (40 net tons) at any one
time.

(2) Class 2, Division 2.1 (Flammable Gas) materials in bulk packaging;
or Division 2.3 (Poison Gas) materials in excess of 72,800 kg (80 net
tons) at any one time.

(3) A Class 7 (Radioactive) material in a highway route controlled
quantity, as defined in 49 CFR 173.403.

(4) Flammable solids or oxidizers, in excess of 100 net tons at any one
time.

(5) Flammable gases, in excess of 10 net tons at any one time.

(6) Poisons (Class A).

(7) A bulk shipment of a cargo of particular hazard.

(c) No Class 1 (explosive) materials (as defined in 49 CFR 173.50) or
other dangerous cargoes prohibited from, or not permitted for,
transportation by 46 CFR part 148 or 49 CFR parts 171 through 179 may be
present on the waterfront facility.

(d) Break-bulk dangerous cargo must be segregated according to 49 CFR
176.83(a) through (c). No separation is required for break-bulk
dangerous cargo in limited-quantity packaging.

(e) Transport units and portable tanks containing dangerous cargo must
be segregated according to 49 CFR 176.83(a), (b), and (f). The
requirements for vertical segregation and for on-deck, horizontal
segregation in 49 CFR 176.83(f) apply. No separation is required for
transport units containing dangerous cargo only in limited quantity
packaging.

(f) Break-bulk dangerous cargo must be segregated from transport units
containing dangerous cargo according to 49 CFR 176.83(e).

(g) Solid dangerous bulk cargo must be separated to prevent the
interaction of incompatible materials in the event of an accident. Cargo
not required to be segregated, when in break-bulk form, is not required
to be segregated, when in bulk form. Dangerous cargo in break-bulk form
must be segregated from solid dangerous cargo in bulk according to 49
CFR 176.83.

(h) Materials that are dangerous when wet (Division 4.3), water-soluble
oxidizers (Division 5.1), and corrosive solids (Class 8) must be stored
in a manner that prevents them from coming into contact with water.

(i) Corrosive liquids (Class 8) and liquid oxidizers (Division 5.1) must
be handled and stored so that, in the event of a leak from their
packaging, they would not come in contact with organic materials.

(j) Dangerous cargo stored on the facility must be arranged in a manner
that retards the spread of fire, such as by interspersing dangerous
cargo with inert or fire retardant material.

(k) Dangerous cargo stored on the facility, but not intended for use on
the facility, must be packaged, marked, and labeled according to 49 CFR
parts 171 through 180, as if the cargo was in transportation.

(l) Class 7 (Radioactive) material must be stored as specified in 49 CFR
173.447.

[CGD 78–023, 44 FR 4643, Jan. 22, 1979, as amended by CGD 75–238, 44 FR
63676, Nov. 5, 1979; CGD 75–238, 45 FR 57394, Aug. 28, 1980; CGD 92–050,
59 FR 39965, Aug. 5, 1994; USCG–1998–4302, 68 FR 55442, Sept. 26, 2003]

126.28   Ammonium nitrate, ammonium nitrate fertilizers, fertilizer
mixtures, or nitro carbo nitrate; general provisions.
(a) When any item of ammonium nitrate, ammonium nitrate fertilizers,
fertilizer mixtures, or nitro carbo nitrate, described and defined as an
oxidizer by the regulations of 49 CFR part 173 is handled, stored,
stowed, loaded, discharged or transported on a waterfront facility, the
following provisions shall apply:

(1) All outside containers shall be marked with the proper shipping name
of the nitrate packed within the container.

(2) The building on a waterfront facility used for storage of any of
these materials shall be of such construction as to afford good
ventilation.

(3) Storage of any of these materials shall be at a safe distance from
electric wiring, steam pipes, radiators or any heating mechanism.

(4) These materials shall be separated by a fire resistant wall or by a
distance of at least 30 feet from organic materials or other chemicals
and substances which could cause contamination such as flammable
liquids, combustible liquids, corrosive liquids, chlorates,
permanganates, finely divided metals, caustic soda, charcoal, sulfur,
cotton, coal, fats, fish oils or vegetable oils.

(5) Storage of any of these materials shall be in a clean area upon
clean wood dunnage, or on pallets over a clean floor. In the case of a
concrete floor, storage may be made directly on the floor if it is first
covered with a moisture barrier such as a polyethylene sheet or
asphaltic laminated paper.

(6) Any spilled material shall be promptly and thoroughly cleaned up and
removed from the waterfront facility. If any spilled material has
remained in contact with a wooden floor for any length of time the floor
shall be scrubbed with water and all spilled material shall be
thoroughly dissolved and flushed away.

(7) An abundance of water for firefighting shall be readily available.

(8) Open drains, traps, pits or pockets which could be filled with
molten ammonium nitrate if a fire occurred (and thus become potential
detonators for the storage piles) must be eliminated or plugged.

Note: See 49 CFR 176.415 for permit requirements for nitro carbo nitrate
and certain ammonium nitrates.
 126.29   Supervision and control of dangerous cargo.
(a) Authority. The Captain of the Port is authorized to require that any
transaction of handling, storing, stowing, loading, discharging, or
transporting the dangerous cargo covered by this subchapter shall be
undertaken and continued only under the immediate supervision and
control of the Captain of the Port or his duly authorized
representative. In case the Captain of the Port exercises such
authority, all directions, instructions, and orders of the Captain of
the Port or his representative, not inconsistent with this part, with
respect to such handling, storing, stowing, loading, discharging, and
transporting; with respect to the operation of the waterfront facility;
with respect to vessels handling, stowing, loading, or discharging of
dangerous cargo at anchorages when the operations are under the
immediate control and supervision of the Captain of the Port or his duly
authorized representative; with respect to the ingress and egress of
persons, articles, and things and to their presence on the waterfront
facilty or vessel; and with respect to vessels approaching, moored at,
and departing from the waterfront facility, shall be promptly obeyed.

(b) Reporting discharge of dangerous liquid commodities into the waters
of the United States. To enhance the safety of the port and to protect
vessels, their cargo, and waterfront facilities therein, the discharge
into the navigable waters of the United States of petroleum products,
petroleum byproducts or other dangerous liquid commodities which may
create a hazard or toxic condition in the port area will be immediately
reported to the Captain of the Port or District Commander by the owner
or master of the vessel from which the discharge occurred, or the owner
or operator of a waterfront facility from which the discharge occurred.
 126.30   What are the conditions for conducting welding and hotwork?
(a) The facility operator must ensure that all welding or hotwork
conducted at the facility meets the requirements of this section. Each
operator of a vessel moored to the facility must ensure that all welding
or hotwork conducted on the vessel meets the requirements of this
section.

(b) The COTP may require an operator of a facility or of a vessel moored
at the facility to notify the COTP before conducting welding or hotwork.
Regardless of whether or not the COTP required notice, the facility
operator must notify the COTP before conducting welding or hotwork on a
vessel when containerized dangerous cargo is located within the
distances listed in paragraph (f) of this section.

(c) Before conducting welding or hotwork, flammable vapors, liquids, or
solids must be completely removed from any container, pipe, or transfer
line being worked on.

(d) Before conducting welding or hotwork on tanks, tanks used for
storage of flammable or combustible substances must be tested and
certified gas free.

(e) All welding and hotwork must be conducted according to NFPA 51B.
(Incorporated by reference, see 126.5.)

(f) Welding or hotwork is prohibited during gas freeing operations
within 30.5 meters (100 feet) of bulk cargo operations involving
flammable or combustible materials, within 30.5 meters (100 feet) of
fueling operations, within 30.5 meters (100 feet) of explosives, or
within 15.25 meters (50 feet) of other hazardous materials.

(g) If the welding or hotwork is on the boundary of a compartment (
i.e., bulkhead, wall, or deck), a fire watch, in addition to that called
for in NFPA 51B, must be stationed in the adjoining compartment.

(h) Personnel on fire watch must have no other duties except to watch
for the presence of fire and to prevent the development of hazardous
conditions.

(i) All safety precautions in relation to purging, inerting, or venting
for all hotwork on containers must be followed.

(j) All local laws and ordinances must be followed.

(k) If a fire or other hazard occurs, all cutting, welding, or other
hotwork equipment must be shut down.
 126.31   Termination or suspension of general permit.
The Captain of the Port is hereby authorized to terminate or to suspend
the general permit granted by 126.27 in respect to any particular
designated waterfront facility whenever he deems that the security or
safety of the port or vessels or waterfront facilities therein so
requires. Confirmation of such termination or suspension shall be given
to the permittee in writing. After such termination, the general permit
may be revived by the District Commander with respect to such particular
waterfront facility upon a finding by him that the cause of termination
no longer exists and is unlikely to recur. After such suspension, the
general permit shall be revived by the Captain of the Port with respect
to such particular waterfront facility when the cause of suspension no
longer exists, and he shall so advise the permittee in writing.

[CGFR 51–37, 16 FR 8680, Aug. 28, 1951, as amended by CGFR 69–89, 34 FR
17479, Oct. 29, 1969]

 126.33   Penalties for handling dangerous cargo without permit.
Handling, storing, stowing, loading, discharging, or transporting any
dangerous cargo covered by 126.27 under circumstances not covered by the
general permit granted in 126.27 or when such general permit is not in
force will subject persons responsible therefor to the civil or criminal
penalties provided in Section 13 of the Ports and Waterways Safety Act,
as amended (33 U.S.C. sec. 1232).
 126.35   Primary responsibility.
Nothing contained in the rules, regulations, conditions, and
designations in this part shall be construed as relieving the masters,
owners, operators, and agents of vessels, docks, piers, wharves, or
other waterfront facilities from their primary responsibility for the
security of such vessels, docks, piers, wharves, or waterfront
facilities.
 126.37   Separability.
If any provision of the rules, regulations, conditions, or designations
contained in this part or the application of such provision to any
person, waterfront facility, or circumstances shall be held invalid, the
validity of the remainder of the rules, regulations, conditions, or
designations contained in this part and applicability of such provision
to other persons, waterfront facilities, or circumstances, shall not be
affected thereby.