Executive Order 11249—Amending Regulations Relating to the Safeguarding of Vessels, Harbors, Ports, and Waterfront Facilities of the United States

By virtue of the authority vested in me by the Act of August 9,1950,64 Stat. 427, which amended section 1 of title II of the Act of June 15,1917,40 Stat. 220 (50 U.S.C. 191), and as President of the United States, I hereby prescribe the following amendments of the regulations prescribed by Executive Order No. 10173 of October 18,1950, as amended by Executive Order No. 10277 of August 1,1951, and Executive Order No. 10352 of May 19,1952, which regulations constitute Part 6, Subchapter A, Chapter 1, Title 33 of the Code of Federal Regulations:

1. Section 6.01-3 is amended to read as follows:

§ 6.01-3 Captain of the Port. "Captain of the Port" as used in this part, means the officer of the Coast Guard, under the command of a District Commander, so designated by the Commandant for the purpose of giving immediate direction to Coast Guard law enforcement activities within his assigned area. In addition, the District Commander shall be Captain of the Port with respect to remaining areas in his District not assigned to officers designated by the Commandant as Captain of the Port.

2. Section 6.01-4 is amended to read as follows:

§ 6.01-4 Waterfront facility. "Waterfront facility" as used in this part, means all piers, wharves, docks, and similar structures to which vessels may be secured; areas of land, water, or land and water under and in immediate proximity to them; buildings on such structures or contiguous to them and equipment and materials on such structures or in such buildings.

3. A new section 6.01-5 is added to read as follows:

§ 6.01-5 Security zone. "Security zone" as used in this part, means all areas of land, water, or land and water, which are so designated by the Captain of the Port for such time as he deems necessary to prevent damage or injury to any vessel or waterfront facility, to safeguard ports, harbors, territories, or waters of the United States or to secure the observance of the rights and obligations of the United States.

4. Section 6.04-5 is amended to read as follows:

§ 6.04-5 Preventing access of persons, articles or things to vessels, or waterfront facilities. The Captain of the Port may prevent any person, article, or thing from boarding or being taken or placed on board any vessel or entering or being taken into or upon or placed in or upon any waterfront facility whenever it appears to him that such action is necessary in order to secure such vessel from damage or injury or to prevent damage or injury to any vessel, or waterfront facility or waters of the United States, or to secure the observance of rights and obligations of the United States.

5. A new section 6.04-6 is added to read as follows:

§ 6.04-6 Establishing security zones; prohibitions with respect thereto. The Captain of a Port may establish security zones subject to the terms and conditions specified in § 6.01-5. No person or vessel shall enter a security zone without the permission of the Captain of the Port. No person shall board or take or place any article or thing on board any vessel in a security zone without the permission of the Captain of the Port. No person shall take or place any article or thing upon any waterfront facility in any such zone without such permission.

6. Section 6.04-7 is amended to read as follows:

§ 6.04-7 Visitation, search, and removal. The Captain of the Port may cause to be inspected and searched at any time any vessel, waterfront facility, or security zone, or any person, article, or thing thereon or therein, within the jurisdiction of the United States, may place guards upon any such vessel, waterfront facility, or security zone and may remove therefrom any and all persons, articles, or things not specifically authorized by him to go or remain thereon or therein.

LYNDON B. JOHNSON

The White House

October 10, 1965