Public Access Facility Job Aid Policies

33 CFR 101.105 Definitions. Public access facility means a facility- (1) That is used by the public primarily for purposes such as recreation, entertainment, retail, or tourism, and not for receiving vessels subject to part 104; (2) That has minimal infrastructure for servicing vessels subject to part 104 of this chapter; and (3) That receives only: (i) Vessels not subject to part 104 of this chapter, or (ii) Passenger vessels, except: (A) Ferries certificated to carry vehicles; (B) Cruise ships; or (C) Passenger vessels subject to SOLAS Chapter XI-1 or SOLAS Chapter XI-2. PAC 13-04 (MTSA waiver for 154) PAC 24-04 (PAF designation) PAC 34-04 (Locked PAFs) PAC 35-04 (PAFs receiving tenders) PAC 44-04 (Foreign Yachts subject to SOLAS) PAC 60-05 (SPV with SOLAS documents) CG-FAC Policy Letter 01-16 (Security Policy for Participants in Marine Events of National Significance) NVIC 09-02 Change 4 (Guidelines for the AMSC and AMSPs Required for US Ports)

Prohibited at PAF: Moving cargo to or from a vessel. Providing mooring for any of the following vessel types:

• MODU • Non-US cargo vessel greater than 100GT • US cargo vessel inspected under 46 CFR Chapter I subchapter I greater than 100 GT. • Non-US vessel subject to SOLAS. • Cruise ships including tenders from cruise ships.. • Tank Ship • Tank Barge • Freight barge • Pleasure yachts operating commercially. See PAC 44-04 for applicability factors. • International “T” boats on international route. See PAC 60-05.

Allowable at PAF: US T, K, H passenger vessel and ferry operations IF:

• Facility used by the public primarily for recreation, entertainment, retail, or tourism. • The public has access to the docks. • Facility has minimal infrastructure, for example, bollards, docks, and ticket booths. • Pleasure yachts not operating commercially.

Is this a “facility” per 33 CFR 101.105?

Is this a facility regulated per 33 CFR 154? Does this facility engage in any other

applicability factor listed in 33 CFR 105.105?

Does this facility receive “passenger vessels” as defined in 33 CFR 101.105?

Is this a facility regulated by 33 CFR parts 126 or 127?

Does the facility embark/disembark passengers at this facility?

Is this the only 105.105 applicability factor?

Does facility have maximum capacity of 42k gallons?

Does this facility have minimal infrastructure for servicing vessels subject to part 104 Note 4?

Is this facility used by the public Note 1 primarily for recreation Note 2, entertainment, retail, or tourism and not for receiving vessels subject

to 104 Note 3?

Does this facility receive cruise ships or ferries certificated to carry vehicles?

Does this facility receive vessels subject to SOLAS Chapter XI-1 or SOLAS Chapter XI-2?

Are these passenger vessels subject to part 104?

Facility is not a PAF and is regulated by 33 CFR 105

Facility is not a PAF but

may request 105

exemption per PAC 13-04

Facility qualifies as a Public Access

Facility

Facility is not

regulated by 33 CFR

105

Yes No

Yes

Yes

Yes

Yes

Yes

Yes

Yes

Yes

Yes Yes

Yes

Yes

No

No

No

No

No

No

No

No

No

No

No

No

Public Access Facility Determination

Note 1. The public must have access to the docks for consideration as a PAF. A facility that restricts the public from accessing the docks does not qualify as a PAF. Note 2. When evaluating whether a marina is a place of recreation, consider that a privately owned recreational vessel is a vehicle which a boater uses to recreate elsewhere. A marina where a privately owned recreational vessel moors, by itself, is a place of business where the boater pays a fee to moor a vessel and may not qualify as a PAF. However, in many cases, a marina may have an attached restaurant , retail space, or related activity that would meet the definition for recreation, entertainment, retail, or tourism therefore potentially qualifying the marina as a PAF. Note 3. A facility that provides 104 regulated passenger vessels exclusive use of the dock cannot be considered a PAF. Note 4. Minimal infrastructure would include, for example, bollards, docks, and ticket booths, but would not include, for example, permanent structures that contain passenger waiting areas or concessions or fuel or cargo handling gear..

Facility is not a PAF – A waterfront facility that prohibits public access to their docks.

Example 1

Facility is not a PAF – A facility that is also regulated by 33 CFR 154. The facility may request a waiver to the requirements of 105 if they meet the criteria described in PAC 13-04.

Example 2

Facility is not A PAF – A waterfront facility that services cruise ships. Cruise ships must always use a 105 regulated facility.

Example 3

Facility is not A PAF – A facility attached to a hotel where pier access is limited to hotel guests and not open to the general public is not a PAF.

Example 4

Example 5

Facility is not a PAF - Facility receives ferries certificated to carry vehicles does not meet the criteria of a PAF.

Facility is not A PAF – A small passenger vessel (subchapter T) is exempted from the facility requirements of MTSA and may embark and disembark passengers at any facility they choose. See PAC 60-05 for International subchapter T boats.

Example 6

Facility is a PAF – A 104 regulated (subchapter H or K) passenger vessel at a facility used by the public primarily for recreation, has minimal infrastructure for servicing 104 vessels, and receives only passenger vessels.

Example 7

Example 8

Facility is a PAF – The facility receives 104 regulated (subchapter H or K) vessels and exempted (subchapter T) passenger vessels. There are no access restrictions to the dock where the general public can fish.

Example 9

Facility is a PAF - Ferry dock open to the public and it’s primary function is recreation and tourism at a national monument. The dock has minimal infrastructure for servicing 104 vessels and stores no fuel.

A – No. These tenders are subject to SOLAS and must use a 105 facility.

Cruise Ship FAQ

Q – Can a foreign flagged cruise ship at anchor shuttle passengers to a PAF ashore using the ship’s tenders?

Q – Can a foreign flagged cruise ship at anchor shuttle passengers to a PAF ashore using subchapter T small passenger vessels?

A – Yes. A subchapter T small passenger vessel may be used as a passenger tender since these vessels are exempted from the facility requirements of MTSA and may embark and disembark their passengers at any facility they choose. See example 8.

Cruise Ship FAQ

Q – Can a subchapter H or K passenger vessel embark passengers directly from a foreign flagged cruise ship and take them directly on their underway excursion (e.g. dinner cruise, whale watching) without mooring at a US facility, and then return them directly to the cruise ship? A- Yes.

Cruise Ship FAQ

A- Yes. See example 1.

Q – Can a foreign flagged cruise ship at anchor shuttle passengers to a PAF ashore using subchapter H or K passenger vessels?

Cruise Ship FAQ

A- No. Any vessel subject to SOLAS must use a 105 facility. However, a waiver may be requested of COMDT (CG-FAC) who has traditionally looked favorably upon these events.

Q – Can a privately owned foreign flagged attraction vessel (e.g. training ships) moor at a PAF?

General FAQ

A- Yes. These vessels will likely not meet any of the applicability criteria that would require them to use a 105 facility. If the vessel does require the use of a 105 facility then a waiver may be requested of COMDT (CG-FAC) who has traditionally looked favorably upon these events. Further security guidance can be found in CG-FAC Policy Letter 01-16.

Q – Can a domestic or foreign flagged public vessel moor at a PAF?

General FAQ