[Title 33 CFR P]
[Code of Federal Regulations (annual edition) - July 1, 2005 Edition]
[Title 33 - NAVIGATION AND NAVIGABLE WATERS]
[Chapter I - COAST GUARD, DEPARTMENT OF HOMELAND SECURITY (CONTINUED)]
[Subchapter P - PORTS AND WATERWAYS SAFETY]
[From the U.S. Government Printing Office]
33NAVIGATION AND NAVIGABLE WATERS22005-07-012005-07-01falsePORTS AND WATERWAYS SAFETYPSUBCHAPTER PNAVIGATION AND NAVIGABLE WATERSCOAST GUARD, DEPARTMENT OF HOMELAND SECURITY (CONTINUED)
SUBCHAPTER P_PORTS AND WATERWAYS SAFETY
PART 160_PORTS AND WATERWAYS SAFETY_GENERAL--Table of Contents
Subpart A_General
Sec.
160.1 Purpose.
160.3 Definitions.
160.5 Delegations.
160.7 Appeals.
Subpart B_Control of Vessel and Facility Operations
160.101 Purpose.
160.103 Applicability.
160.105 Compliance with orders.
160.107 Denial of entry.
160.109 Waterfront facility safety.
160.111 Special orders applying to vessel operations.
160.113 Prohibition of vessel operation and cargo transfers.
160.115 Withholding of clearance.
Subpart C_Notifications of Arrival, Hazardous Conditions, and Certain
Dangerous Cargoes
160.201 General.
160.202 Applicability.
160.203 Exemptions.
160.204 Definitions.
160.206 Information required in an NOA.
160.208 Changes to a submitted NOA.
160.210 Methods for submitting an NOA.
160.212 When to submit an NOA.
160.214 Waivers.
160.215 Notice of hazardous conditions.
Authority: 33 U.S.C. 1223, 1231; 46 U.S.C. Chapter 701; Department
of Homeland Security Delegation No. 0170.1. Subpart D is also issued
under the authority of 33 U.S.C. 125 and 46 U.S.C. 3715.
Source: CGD 79-026, 48 FR 35404, Aug. 4, 1983, unless otherwise
noted.
Subpart A_General
Sec. 160.1 Purpose.
(a) This subchapter contains regulations implementing the Ports and
Waterways Safety Act (33 U.S.C. 1221) and related statutes.
Sec. 160.3 Definitions.
For the purposes of this subchapter:
Bulk means material in any quantity that is shipped, stored, or
handled without the benefit of package, label, mark or count and carried
in integral or fixed independent tanks.
Captain of the Port means the Coast Guard officer designated by the
Commandant to command a Captain of the Port Zone as described in part 3
of this chapter.
Commandant means the Commandant of the United States Coast Guard.
Commanding Officer, Vessel Traffic Services means the Coast Guard
officer designated by the Commandant to command a Vessel Traffic Service
(VTS) as described in part 161 of this chapter.
Deviation means any departure from any rule in this subchapter.
District Commander means the Coast Guard officer designated by the
Commandant to command a Coast Guard District as described in part 3 of
this chapter.
ETA means estimated time of arrival.
Length of Tow means, when towing with a hawser, the length in feet
from the stern of the towing vessel to the stern of the last vessel in
tow. When pushing ahead or towing alongside, length of tow means the
tandem length in feet of the vessels in tow excluding the length of the
towing vessel.
Person means an individual, firm, corporation, association,
partnership, or governmental entity.
State means each of the several States of the United States, the
District of Columbia, the Commonwealth of Puerto Rico, Guam, American
Samoa, the United States Virgin Islands, the Trust Territories of the
Pacific Islands, the Commonwealth of the Northern Marianas Islands, and
any other commonwealth, territory, or possession of the United States.
Tanker means a self-propelled tank vessel constructed or adapted
primarily to carry oil or hazardous materials in bulk in the cargo
spaces.
Tank Vessel means a vessel that is constructed or adapted to carry,
or that carries, oil or hazardous material in bulk as cargo or cargo
residue.
Vehicle means every type of conveyance capable of being used as a
means of transportation on land.
[[Page 568]]
Vessel means every description of watercraft or other artificial
contrivance used, or capable of being used, as a means of transportation
on water.
Vessel Traffic Services (VTS) means a service implemented under Part
161 of this chapter by the United States Coast Guard designed to improve
the safety and efficiency of vessel traffic and to protect the
environment. The VTS has the capability to interact with marine traffic
and respond to traffic situations developing in the VTS area.
Vessel Traffic Service Area or VTS Area means the geographical area
encompassing a specific VTS area of service as described in Part 161 of
this chapter. This area of service may be subdivided into sectors for
the purpose of allocating responsibility to individual Vessel Traffic
Centers or to identify different operating requirements.
Note: Although regulatory jurisdiction is limited to the navigable
waters of the United States, certain vessels will be encouraged or may
be required, as a condition of port entry, to report beyond this area to
facilitate traffic management within the VTS area.
VTS Special Area means a waterway within a VTS area in which special
operating requirements apply.
[CGD 90-020, 59 FR 36323, July 15, 1994]
Sec. 160.5 Delegations.
(a) District Commanders and Captains of the Ports are delegated the
authority to establish safety zones.
(b) Under the provisions of Sec. Sec. 6.04-1 and 6.04-6 of this
chapter, District Commanders and Captains of the Ports have been
delegated authority to establish security zones.
(c) Under the provisions of Sec. 1.05-1 of this chapter, District
Commanders have been delegated authority to establish regulated
navigation areas.
(d) Subject to the supervision of the cognizant Captain of the Port
and District Commander, Commanding Officers, Vessel Traffic Services are
delegated authority under 33 CFR 1.01-30 to discharge the duties of the
Captain of the Port that involve directing the operation, movement, and
anchorage of vessels within a Vessel Traffic Service area including
management of vessel traffic within anchorages, regulated navigation
areas and safety zones, and to enforce Vessel Traffic Service and ports
and waterways safety regulations. This authority may be exercised by
Vessel Traffic Center personnel. The Vessel Traffic Center may, within
the Vessel Traffic Service area, provide information, make
recommendations, or, to a vessel required under Part 161 of this chapter
to participate in a Vessel Traffic Service, issue an order, including an
order to operate or anchor as directed; require the vessel to comply
with orders issued; specify times of entry, movement or departure;
restrict operations as necessary for safe operation under the
circumstances; or take other action necessary for control of the vessel
and the safety of the port or of the marine environment.
[CGD 79-026, 48 FR 35404, Aug. 4, 1983, as amended by CGD 88-037, 53 FR
21815, June 10, 1988; CGD 90-020, 59 FR 36324, July 15, 1994]
Sec. 160.7 Appeals.
(a) Any person directly affected by a safety zone or an order or
direction issued under this subchapter may request reconsideration by
the official who issued it or in whose name it was issued. This request
may be made orally or in writing, and the decision of the official
receiving the request may be rendered orally or in writing.
(b) Any person directly affected by the establishment of a safety
zone or by an order or direction issued by, or on behalf of, a Captain
of the Port may appeal to the District Commander through the Captain of
the Port. The appeal must be in writing, except as allowed under
paragraph (d) of this section, and shall contain complete supporting
documentation and evidence which the appellant wishes to have
considered. Upon receipt of the appeal, the District Commander may
direct a representative to gather and submit documentation or other
evidence which would be necessary or helpful to a resolution of the
appeal. A copy of this documentation and evidence is made available to
the appellant. The appellant is afforded five working days from the date
of receipt to submit rebuttal materials. Following submission of all
materials, the District Commander issues a ruling, in writing, on the
appeal.Prior to issuing the ruling, the
[[Page 569]]
District Commander may, as a matter of discretion, allow oral
presentation on the issues.
(c) Any person directly affected by the establishment of a safety
zone or by an order or direction issued by a District Commander, or who
receives an unfavorable ruling on an appeal taken under paragraph (b) of
this section, may appeal through the District Commander to the Assistant
Commandant for Marine Safety, Security and Environmental Protection,
U.S. Coast Guard, Washington, DC 20593. The appeal must be in writing,
except as allowed under paragraph (d) of this section. The District
Commander forwards the appeal, all the documents and evidence which
formed the record upon which the order or direction was issued or the
ruling under paragraph (b) of this section was made, and any comments
which might be relevant, to the Assistant Commandant for Marine Safety,
Security and Environmental Protection. A copy of this documentation and
evidence is made available to the appellant. The appellant is afforded
five working days from the date of receipt to submit rebuttal materials
to the Assistant Commandant for Marine Safety, Security and
Environmental Protection. The decision of the Assistant Commandant for
Marine Safety, Security and Environmental Protection is based upon the
materials submitted, without oral argument or presentation. The decision
of the Assistant Commandant for Marine Safety, Security and
Environmental Protection is issued in writing and constitutes final
agency action.
(d) If the delay in presenting a written appeal would have
significant adverse impact on the appellant, the appeal under paragraphs
(b) and (c) of this section may initially be presented orally. If an
initial presentation of the appeal is made orally, the appellant must
submit the appeal in writing within five days of the oral presentation
to the Coast Guard official to whom the presentation was made. The
written appeal must contain, at a minimum, the basis for the appeal and
a summary of the material presented orally. If requested, the official
to whom the appeal is directed may stay the effect of the action while
the ruling is being appealed.
[CGD 79-026, 48 FR 35404, Aug. 4, 1983, as amended by CGD 88-052, 53 FR
25122, July 1, 1988; CGD 96-026, 61 FR 33668, June 28, 1996; CGD 97-023,
62 FR 33364, June 19, 1997; USCG-2002-12471, 67 FR 41333, June 18, 2002]
Subpart B_Control of Vessel and Facility Operations
Sec. 160.101 Purpose.
This subpart describes the authority exercised by District
Commanders and Captains of the Ports to insure the safety of vessels and
waterfront facilities, and the protection of the navigable waters and
the resources therein. The controls described in this subpart are
directed to specific situations and hazards.
Sec. 160.103 Applicability.
(a) This subpart applies to any--
(1) Vessel on the navigable waters of the United States, except as
provided in paragraphs (b) and (c) of this section;
(2) Bridge or other structure on or in the navigable waters of the
United States; and
(3) Land structure or shore area immediately adjacent to the
navigable waters of the United States.
(b) This subpart does not apply to any vessel on the Saint Lawrence
Seaway.
(c) Except pursuant to international treaty, convention, or
agreement, to which the United States is a party, this subpart does not
apply to any foreign vessel that is not destined for, or departing from,
a port or place subject to the jurisdiction of the United States and
that is in:
(1) Innocent passage through the territorial sea of the United
States;
(2) Transit through the navigable waters of the United States which
form a part of an international strait.
Sec. 160.105 Compliance with orders.
Each person who has notice of the terms of an order issued under
this subpart must comply with that order.
[[Page 570]]
Sec. 160.107 Denial of entry.
Each District Commander or Captain of the Port, subject to
recognized principles of international law, may deny entry into the
navigable waters of the United States or to any port or place under the
jurisdiction of the United States, and within the district or zone of
that District Commander or Captain of the Port, to any vessel not in
compliance with the provisions of the Port and Tanker Safety Act (33
U.S.C. 1221-1232) or the regulations issued thereunder.
Sec. 160.109 Waterfront facility safety.
(a) To prevent damage to, or the destruction of, any bridge or other
structure on or in the navigable waters of the United States, or any
land structure or shore area immediately adjacent to such waters, and to
protect the navigable waters and the resources therein from harm
resulting from vessel or structure damage, destruction, or loss, each
District Commander or Captain of the Port may:
(1) Direct the handling, loading, unloading, storage, and movement
(including the emergency removal, control and disposition) of explosives
or other dangerous articles and substances, including oil or hazardous
material as those terms are defined in 46 U.S.C. 2101 on any structure
on or in the navigable waters of the United States, or any land
structure or shore area immediately adjacent to those waters; and
(2) Conduct examinations to assure compliance with the safety
equipment requirements for structures.
[CGD 79-026, 48 FR 35404, Aug. 4, 1983, as amended by USCG-1998-3799, 63
FR 35531, June 30, 1998]
Sec. 160.111 Special orders applying to vessel operations.
Each District Commander or Captain of the Port may order a vessel to
operate or anchor in the manner directed when:
(a) The District Commander or Captain of the Port has reasonable
cause to believe that the vessel is not in compliance with any
regulation, law or treaty;
(b) The District Commander or Captain of the Port determines that
the vessel does not satisfy the conditions for vessel operation and
cargo transfers specified in Sec. 160.113; or
(c) The District Commander or Captain of the Port has determined
that such order is justified in the interest of safety by reason of
weather, visibility, sea conditions, temporary port congestion, other
temporary hazardous circumstances, or the condition of the vessel.
Sec. 160.113 Prohibition of vessel operation and cargo transfers.
(a) Each District Commander or Captain of the Port may prohibit any
vessel, subject to the provisions of chapter 37 of Title 46, U.S. Code,
from operating in the navigable waters of the United States, or from
transferring cargo or residue in any port or place under the
jurisdiction of the United States, and within the district or zone of
that District Commander or Captain of the Port, if the District
Commander or the Captain of the Port determines that the vessel's
history of accidents, pollution incidents, or serious repair problems
creates reason to believe that the vessel may be unsafe or pose a threat
to the marine environment.
(b) The authority to issue orders prohibiting operation of the
vessels or transfer of cargo or residue under paragraph (a) of this
section also applies if the vessel:
(1) Fails to comply with any applicable regulation;
(2) Discharges oil or hazardous material in violation of any law or
treaty of the United States;
(3) Does not comply with applicable vessel traffic service
requirements;
(4) While underway, does not have at least one licensed deck officer
on the navigation bridge who is capable of communicating in the English
language.
(c) When a vessel has been prohibited from operating in the
navigable waters of the United States under paragraphs (a) or (b) of
this section, the District Commander or Captain of the Port may allow
provisional entry into the navigable waters of the United States, or
into any port or place under the jurisdiction of the United States and
within
[[Page 571]]
the district or zone of that District Commander or Captain of the Port,
if the owner or operator of such vessel proves to the satisfaction of
the District Commander or Captain of the Port, that the vessel is not
unsafe or does not pose a threat to the marine environment, and that
such entry is necessary for the safety of the vessel or the persons on
board.
(d) A vessel which has been prohibited from operating in the
navigable waters of the United States, or from transferring cargo or
residue in a port or place under the jurisdiction of the United States
under the provisions of paragraph (a) or (b)(1), (2) or (3) of this
section, may be allowed provisional entry if the owner or operator
proves, to the satisfaction of the District Commander or Captain of the
Port that has jurisdiction, that the vessel is no longer unsafe or a
threat to the environment, and that the condition which gave rise to the
prohibition no longer exists.
[CGD 79-026, 48 FR 35404, Aug. 4, 1983, as amended by CGD 96-026, 61 FR
33668, June 28, 1996; USCG-1998-3799, 63 FR 35531, June 30, 1998]
Sec. 160.115 Withholding of clearance.
Each District Commander or Captain of the Port may request the
Secretary of the Treasury, or the authorized representative thereof, to
withhold or revoke the clearance required by 46 U.S.C. App. 91 of any
vessel, the owner or operator of which is subject to any penalties under
33 U.S.C. 1232.
[CGD 79-026, 48 FR 35404, Aug. 4, 1983; 48 FR 39059, Aug. 29, 1983, as
amended by USCG-1998-3799, 63 FR 35531, June 30, 1998]
Subpart C_Notification of Arrival, Hazardous Conditions, and Certain
Dangerous Cargos
Source: USCG-2002-11865, 68 FR 9543, Feb. 28, 2003, unless otherwise
noted.
Sec. 160.201 General.
This subpart contains requirements and procedures for submitting
Notices of Arrival (NOA) and Notice of Hazardous Condition. The sections
in this subpart describe:
(a) Applicability and exemptions from requirements in this subpart;
(b) Required information in an NOA;
(c) Required changes to an NOA;
(d) Methods and times for submission of an NOA and changes to an
NOA;
(e) How to obtain a waiver; and
(f) Requirements for submission of the Notice of Hazardous
Conditions.
Sec. 160.202 Applicability.
(a) This subpart applies to U.S. and foreign vessels bound for or
departing from ports or places in the United States.
(b) This subpart does not apply to recreational vessels under 46
U.S.C. 4301 et seq.
(c) Unless otherwise specified in this subpart, the owner, agent,
master, operator, or person in charge of a vessel regulated by this
subpart is responsible for compliance with the requirements in this
subpart.
(d) Towing vessels controlling a barge or barges required to submit
an NOA under this subpart must submit only one NOA containing the
information required for the towing vessel and each barge under its
control.
Sec. 160.203 Exemptions.
(a) Except for reporting notice of hazardous conditions, the
following vessels are exempt from requirements in this subpart:
(1) Passenger and supply vessels when they are employed in the
exploration for or in the removal of oil, gas, or mineral resources on
the continental shelf.
(2) Oil Spill Recovery Vessels (OSRVs) when engaged in actual spill
response operations or during spill response exercises.
(3) Vessels operating upon the following waters:
(i) Mississippi River between its sources and mile 235, Above Head
of Passes;
(ii) Tributaries emptying into the Mississippi River above mile 235;
(iii) Atchafalaya River above its junction with the Plaquemine-
Morgan City alternate waterway and the Red River; and
(iv) The Tennessee River from its confluence with the Ohio River to
mile
[[Page 572]]
zero on the Mobile River and all other tributaries between those two
points.
(b) If not carrying certain dangerous cargo or controlling another
vessel carrying certain dangerous cargo, the following vessels are
exempt from NOA requirements in this subpart:
(1) Vessels 300 gross tons or less, except for foreign vessels
entering any port or place in the Seventh Coast Guard District as
described in 33 CFR 3.35-1(b).
(2) Vessels operating exclusively within a Captain of the Port Zone.
(3) Vessels arriving at a port or place under force majeure.
(4) Towing vessels and barges operating solely between ports or
places in the continental United States.
(5) Public vessels.
(6) Except for tank vessels, U.S. vessels operating solely between
ports or places in the United States on the Great Lakes.
(c) Vessels less than 500 gross tons need not submit the
International Safety Management (ISM) Code Notice (Entry (7) to Table
160.206).
(d) Vessels operating solely between ports or places in the
continental United States need not submit the Cargo Declaration (Customs
Form 1302), (Entry (8) to Table 160.206).
(e) This section does not exempt any vessel from compliance with the
U.S. Customs Service (USCS) reporting or submission requirements.
(f) U.S. vessels need not submit the International Ship and Port
Facility Code (ISPS) Notice information (Entry (9) to Table 160.206).
[USCG-2002-11865, 68 FR 9543, Feb. 28, 2003, as amended by USCG-2003-
14749, 68 FR 39313, July 1, 2003; 68 FR 63735, Nov. 10, 2003]
Effective Date Note: By USCG-2002-11865, 68 FR 27908, May 22, 2003,
in Sec. 160.203, paragraphs (d) and (e) were suspended, effective May
22, 2003.
Sec. 160.204 Definitions.
As used in this subpart:
Agent means any person, partnership, firm, company or corporation
engaged by the owner or charterer of a vessel to act in their behalf in
matters concerning the vessel.
Barge means a non-self propelled vessel engaged in commerce.
Carried in bulk means a commodity that is loaded or carried on board
a vessel without containers or labels and received and handled without
mark or count.
Certain dangerous cargo (CDC) includes any of the following:
(1) Division 1.1 or 1.2 explosives as defined in 49 CFR 173.50.
(2) Division 1.5D blasting agents for which a permit is required
under 49 CFR 176.415 or, for which a permit is required as a condition
of a Research and Special Programs Administration exemption.
(3) Division 2.3 ``poisonous gas'', as listed in 49 CFR 172.101 that
is also a ``material poisonous by inhalation'' as defined in 49 CFR
171.8, and that is in a quantity in excess of 1 metric ton per vessel.
(4) Division 5.1 oxidizing materials for which a permit is required
under 49 CFR 176.415 or for which a permit is required as a condition of
a Research and Special Programs Administration exemption.
(5) A liquid material that has a primary or subsidiary
classification of Division 6.1 ``poisonous material'' as listed in 49
CFR 172.101 that is also a ``material poisonous by inhalation,'' as
defined in 49 CFR 171.8 and that is in a bulk packaging, or that is in a
quantity in excess of 20 metric tons per vessel when not in a bulk
packaging.
(6) Class 7, ``highway route controlled quantity'' radioactive
material or ``fissile material, controlled shipment,'' as defined in 49
CFR 173.403.
(7) Bulk liquefied chlorine gas and Bulk liquefied gas cargo that is
flammable and/or toxic and carried under 46 CFR 154.7.
(8) The following bulk liquids:
(i) Acetone cyanohydrin,
(ii) Allyl alcohol,
(iii) Chlorosulfonic acid,
(iv) Crotonaldehyde,
(v) Ethylene chlorohydrin,
(vi) Ethylene dibromide,
(vii) Methacrylonitrile, and
(viii) Oleum (fuming sulfuric acid).
(9) Ammonium nitrate and ammonium nitrate based fertilizers, in
bulk, listed as a Division 5.1 material in 49 CFR 172.101.
(10) Propylene oxide, alone or mixed with ethylene oxide, in bulk.
[[Page 573]]
Charterer means the person or organization that contracts for the
majority of the carrying capacity of a ship for the transportation of
cargo to a stated port for a specified period. This includes ``time
charterers'' and ``voyage charterers.''
Crewmember means all persons carried on board the vessel to provide
navigation and maintenance of the vessel, its machinery, systems, and
arrangements essential for propulsion and safe navigation or to provide
services for other persons on board.
Great Lakes means Lakes Superior, Michigan, Huron, Erie, and
Ontario, their connecting and tributary waters, the Saint Lawrence River
as far as Saint Regis, and adjacent port areas.
Gross tons means the tonnage determined by the tonnage authorities
of a vessel's flag state in accordance with the national tonnage rules
in force before the entry into force of the International Convention on
Tonnage Measurement of Ships, 1969 (``Convention''). For a vessel
measured only under Annex I of the Convention, gross tons means that
tonnage. For a vessel measured under both systems, the higher gross
tonnage is the tonnage used for the purposes of the 300-gross-ton
threshold.
Hazardous condition means any condition that may adversely affect
the safety of any vessel, bridge, structure, or shore area or the
environmental quality of any port, harbor, or navigable waterway of the
United States. It may, but need not, involve collision, allision, fire,
explosion, grounding, leaking, damage, injury or illness of a person
aboard, or manning-shortage.
Nationality means the state (nation) in which a person is a citizen
or to which a person owes permanent allegiance.
Operator means any person including, but not limited to, an owner, a
charterer, or another contractor who conducts, or is responsible for,
the operation of a vessel.
Persons in addition to crewmembers mean any person onboard the
vessel, including passengers, who are not included on the list of
crewmembers.
Port or place of departure means any port or place in which a vessel
is anchored or moored.
Port or place of destination means any port or place in which a
vessel is bound to anchor or moor.
Public vessel means a vessel that is owned or demise-(bareboat)
chartered by the government of the United States, by a State or local
government, or by the government of a foreign country and that is not
engaged in commercial service.
Time charterer means the party who hires a vessel for a specific
amount of time. The owner and his crew manage the vessel, but the
charterer selects the ports of destination.
Voyage charterer means the party who hires a vessel for a single
voyage. The owner and his crew manage the vessel, but the charterer
selects the ports of destination.
Effective Date Note: By USCG-2003-16688, 69 FR 51181, Aug. 18, 2004,
Sec. 160.204 was amended in the definition for ``Certain dangerous
cargo (CDC)'' by adding temporary paragraphs (9) and (10), effective
Sept. 17, 2004 through Mar. 20, 2006.
Sec. 160.206 Information required in an NOA.
(a) Each NOA must contain all of the information items specified in
Table 160.206.
Table 160.206--NOA Information Items
----------------------------------------------------------------------------------------------------------------
Vessels carrying CDC
---------------------------------
Vessels not Towing vessels
Required information carrying CDC controlling
Vessels vessels
carrying CDC
----------------------------------------------------------------------------------------------------------------
(1) Vessel Information:
(i) Name;................................................ X X X
(ii) Name of the registered owner;....................... X X X
(iii) Country of registry;............................... X X X
(iv) Call sign;.......................................... X X X
[[Page 574]]
(v) International Maritime Organization (IMO) X X X
international number or, if vessel does not have an
assigned IMO international number, substitute with
official number;........................................
(vi) Name of the operator;............................... X X X
(vii) Name of the charterer; and......................... X X X
(viii) Name of classification society.................... X X X
(2) Voyage Information:
(i) Names of last five ports or places visited;.......... X X X
(ii) Dates of arrival and departure for last five ports X X X
or places visited;......................................
(iii) For each port or place in the United States to be X X X
visited list the names of the receiving facility, the
port or place, the city, and the state;.................
(iv) For each port or place in the United States to be X X X
visited, the estimated date and time of arrival;........
(v) For each port or place in the United States to be X X X
visited, the estimated date and time of departure;......
(vi) The location (port or place and country) or position X X X
(latitude and longitude or waterway and mile marker) of
the vessel at the time of reporting; and................
(vii) The name and telephone number of a 24-hour point of X X X
contact.................................................
(3) Cargo Information:
(i) A general description of cargo, other than CDC, X X X
onboard the vessel (e.g.: grain, container, oil, etc.);.
(ii) Name of each certain dangerous cargo carried, ............... X X
including cargo UN number, if applicable; and...........
(iii) Amount of each certain dangerous cargo carried..... ............... X X
(4) Information for each Crewmember Onboard:
(i) Full name;........................................... X X X
(ii) Date of birth;...................................... X X X
(iii) Nationality;....................................... X X X
(iv) Passport or mariners document number (type of X X X
identification and number);.............................
(v) Position or duties on the vessel; and................ X X X
(vi) Where the crewmember embarked (list port or place X X X
and country)............................................
(5) Information for each Person Onboard in Addition to Crew:
(i) Full name;........................................... X X X
(ii) Date of birth;...................................... X X X
(iii) Nationality;....................................... X X X
(iv) Passport number; and................................ X X X
(v) Where the person embarked (list port or place and X X X
country)................................................
(6) Operational condition of equipment required by Sec. X X X
164.35 of this chapter......................................
(7) International Safety Management (ISM) Code Notice:
(i) The date of issuance for the company's Document of X X X
Compliance certificate that covers the vessel;..........
(ii) The date of issuance for the vessel's Safety X X X
Management Certificate; and.............................
(iii) The name of the Flag Administration, or the X X X
recognized organization(s) representing the vessel flag
administration, that issued those certificates..........
(8) Cargo Declaration (Customs Form 1302) as described in 19 X X X
CFR 4.7.....................................................
(9) International Ship and Port Facility Code (ISPS) Notice
*:
(i) The date of issuance for the vessel's International X X X
Ship Security Certificate (ISSC), if any;...............
(ii) Whether the ISSC, if any, is an initial Interim X X X
ISSC, subsequent and consecutive Interim ISSC, or final
ISSC;...................................................
(iii) Declaration that the approved ship security plan, X X X
if any, is being implemented;...........................
(iv) If a subsequent and consecutive Interim ISSC, the X X X
reasons therefor;.......................................
(v) The name and 24-hour contact information for the X X X
Company Security Officer; and...........................
(vi) The name of the Flag Administration, or the X X X
recognized security organization(s) representing the
vessel flag Administration that issued the ISSC.........
----------------------------------------------------------------------------------------------------------------
* The information required by items 9(i)-(iii) need not be submitted before January 1, 2004. All other
information required by item 9 need not be submitted before July 1, 2004.
[[Page 575]]
(b) Vessels operating solely between ports or places in the
continental United States need submit only the name of and date of
arrival and departure for the last port or places visited to meet the
requirements in entries (2)(i) and (ii) to Table 160.206 of this
section.
(c) You may submit a copy of INS Form I-418 to meet the requirements
of entries (4) and (5) in Table 160.206.
(d) Any vessel planning to enter two or more consecutive ports or
places in the United States during a single voyage may submit one
consolidated Notification of Arrival at least 96 hours before entering
the first port or place of destination. The consolidated notice must
include the name of the port or place and estimated arrival and
departure date for each destination of the voyage. Any vessel submitting
a consolidated notice under this section must still meet the
requirements of Sec. 160.208 of this part concerning requirements for
changes to an NOA.
[USCG-2002-11865, 68 FR 9543, Feb. 28, 2003, as amended by USCG-2003-
14749, 68 FR 39313, July 1, 2003; 68 FR 63735, Nov. 10, 2003]
Effective Date Note: By USCG-2002-11865, 68 FR 27908, May 22, 2003,
in Sec. 160.206, in paragraph (a), item (8) in table 160.206 was
suspended, effective May 22, 2003.
Sec. 160.208 Changes to a submitted NOA.
(a) Unless otherwise specified in this section, when submitted NOA
information changes, vessels must submit a notice of change within the
times required in Sec. 160.212.
(b) Changes in the following information need not be reported:
(1) Changes in arrival or departure times that are less than six (6)
hours;
(2) Changes in vessel location or position of the vessel at the time
of reporting (entry (2)(vi) to Table 160.206); and
(3) Changes to crewmembers' position or duties on the vessel (entry
(5)(v) to Table 160.206).
(c) When reporting changes, submit only the name of the vessel,
original NOA submission date, the port of arrival, the specific items to
be corrected, and the new location or position of the vessel at the time
of reporting. Only changes to NOA information need to be submitted.
Sec. 160.210 Methods for submitting an NOA.
(a) Submission to the National Vessel Movement Center (NVMC). Except
as provided in paragraphs (b) and (c) of this section, all vessels
required to submit NOA information in Sec. 160.206 (entries 1-7 to
Table 160.206) to the NVMC, United States Coast Guard, 408 Coast Guard
Drive, Kearneysville, WV, 25430, shall do so by:
(1) Telephone at 1-800-708-9823 or 304-264-2502;
(2) Fax at 1-800-547-8724 or 304-264-2684; or
(3) E-mail at [email protected].
Note to paragraph (a):
Information about the National Vessel Movement Center is available
on its Web site at http://www.nvmc.uscg.gov/. You may submit the notice
using any electronic format available on the NVMC website.
(b) Saint Lawrence Seaway transits. Those vessels transiting the
Saint Lawrence Seaway inbound, bound for a port or place in the United
States, may meet the submission requirements of paragraph (a) of this
section by submitting the required information to the Saint Lawrence
Seaway Development Corporation and the Saint Lawrence Seaway Management
Corporation of Canada by fax at 315-764-3235 or at 315-764-3200. The
Cargo Declaration (Customs Form 1302) in entry (8) in Table 160.206 must
be submitted electronically to the USCS, as required by paragraph (d) of
this section.
(c) Seventh Coast Guard District. Those foreign vessels 300 or less
gross tons operating in the Seventh Coast Guard District must submit an
NOA to the cognizant Captain of the Port (COTP). The Cargo Declaration
(Customs Form 1302) in entry (8) in Table 160.206 must be submitted
electronically to the USCS, as required by paragraph (d) of this
section.
(d) Submission to the United States Customs Service's Sea Automated
Manifest System (AMS).
(1) Beginning July 1, 2003, the Cargo Declaration (Customs Form
1302) in entry (8) in Table 160.206 must be submitted electronically to
the USCS Sea AMS by one of the following methods:
(i) By direct connection with USCS or by purchasing the proper
software; or
[[Page 576]]
(ii) Using a service provider or a Port Authority.
(2) To become a participant in Sea AMS, submitters must provide a
letter of intent to USCS prior to first submission.
(e) Submission to the National Vessel Movement Center (NVMC). Except
as provided in paragraphs (b) and (c) of this section, vessels must
submit NOA information required by Sec. 160.206 (entries 1-9 to Table
160.206) to the NVMC, United States Coast Guard, 408 Coast Guard Drive,
Kearneysville, WV 25430, by:
(1) Electronic submission via the electronic NOA (e-NOA) available
on the NVMC web site at http://www.nvmc.uscg.gov;
(2) Electronic submission via web service of formatted XML
(eXtensible Markup Language) documents. E-mail [email protected] to ask
for the XML schema details;
(3) E-mail at [email protected]. Workbook available at http://
www.nvmc.uscg.gov;
(4) Fax at 1-800-547-8724 or 304-264-2684. Workbook available at
http://www.nvmc.uscg.gov; or,
(5) Telephone at 1-800-708-9823 or 304-264-2502.
[USCG-2002-11865, 68 FR 9543, Feb. 28, 2003; 68 FR 63735, Nov. 10, 2003]
Effective Date Note 1: By USCG-2002-11865, 68 FR 27908, May 22,
2003, in Sec. 160.210, the last sentence of paragraph (b), the last
sentence of paragraph (c), and paragraph (d) were suspended, effective
May 22, 2003.
Effective Date Note 2: By USCG-2003-16688, 69 FR 51181, Aug. 18,
2004, Sec. 160.210 was amended by suspending paragraph (a) and adding
temporary paragraph (e), effective Sept. 17, 2004 through Mar. 20, 2006.
Sec. 160.212 When to submit an NOA.
(a) Submission of NOA. (1) Except as set out in paragraph (a)(2) of
this section, all vessels must submit NOAs within the times required in
paragraph (a)(3) of this section.
(2) Towing vessels, when in control of a vessel carrying CDC and
operating solely between ports or places in the continental United
States, must submit an NOA before departure but at least 12 hours before
entering the port or place of destination.
(3) Times for submitting NOAs areas follows:
------------------------------------------------------------------------
If your voyage time is-- You must submit an NOA--
------------------------------------------------------------------------
(i) 96 hours or more; or......... At least 96 hours before entering the
port or place of destination; or
(ii) Less than 96 hours.......... Before departure but at least 24
hours before entering the port or
place of destination.
------------------------------------------------------------------------
(b) Submission of changes to NOA. (1) Except as set out in paragraph
(b)(2) of this section, vessels must submit changes in NOA information
within the times required in paragraph (b)(3) of this section.
(2) Towing vessels, when in control of a vessel carrying CDC and
operating solely between ports or places in the continental United
States, must submit changes to an NOA as soon as practicable but at
least 6 hours before entering the port or place of destination.
(3) Times for submitting changes to NOAs are as follows:
------------------------------------------------------------------------
If your remaining voyage time is-- Then you must submit changes to an
NOA--
------------------------------------------------------------------------
(i) 96 hours or more;............ As soon as practicable but at least
24 hours before entering the port or
place of destination;
(ii) Less than 96 hours but not As soon as practicable but at least
less than 24 hours; or 24 hours before entering the port or
place of destination; or
(iii) Less than 24 hours......... As soon as practicable but at least
12 hours before entering the port or
place of destination.
------------------------------------------------------------------------
(c) Submission of the Cargo Declaration (Customs Form 1302). (1)
Except as set out in paragraph (c)(2) of this section, all vessels must
submit to USCS the Cargo Declaration (Customs Form 1302) in entry (8) to
Table 160.206, within the times required in paragraph (a)(3) of this
section.
(2)(i) Except for vessels carrying containerized cargo or break bulk
cargo, vessels carrying bulk cargo may submit the Cargo Declaration
(Customs Form 1302), (Entry (8) to Table 160.206) before departure but
at least 24 hours before entering the U.S. port or place of destination.
(ii) Vessels carrying break bulk cargo operating under a USCS
exemption granted under 19 CFR 4.7(b)(4)(ii) may, during the effective
period of the USCS exemption, submit the Cargo Declaration (Customs Form
1302), (Entry (8) to Table 160.206) before departure but at
[[Page 577]]
least 24 hours before entering the U.S. port or place of destination.
[USCG-2002-11865, 68 FR 9543, Feb. 28, 2003; 68 FR 63735, Nov. 10, 2003]
Effective Date Note: By USCG-2002-11865, 68 FR 27908, May 22, 2003,
in Sec. 160.212, paragraph (c) was suspended, effective May 22, 2003.
Sec. 160.214 Waivers.
The Captain of the Port may waive, within that Captain of the Port's
designated zone, any of the requirements of this subpart for any vessel
or class of vessels upon finding that the vessel, route, area of
operations, conditions of the voyage, or other circumstances are such
that application of this subpart is unnecessary or impractical for
purposes of safety, environmental protection, or national security.
Sec. 160.215 Notice of hazardous conditions.
Whenever there is a hazardous condition either aboard a vessel or
caused by a vessel or its operation, the owner, agent, master, operator,
or person in charge shall immediately notify the nearest Coast Guard
Marine Safety Office or Group Office. (Compliance with this section does
not relieve responsibility for the written report required by 46 CFR
4.05-10.)
PART 161_VESSEL TRAFFIC MANAGEMENT--Table of Contents
Subpart A_Vessel Traffic Services
General Rules
Sec.
161.1 Purpose and Intent.
161.2 Definitions.
161.3 Applicability.
161.4 Requirement to carry the rules.
161.5 Deviations from the rules.
Services, VTS Measures, and Operating Requirements
161.10 Services.
161.11 VTS measures.
161.12 Vessel operating requirements.
161.13 VTS Special Area operating requirements.
Subpart B_Vessel Movement Reporting System
161.15 Purpose and intent.
161.16 Applicability.
161.17 Definitions.
161.18 Reporting requirements.
161.19 Sailing Plan (SP).
161.20 Position Report (PR).
161.21 Automated reporting.
161.22 Final Report (FR).
161.23 Reporting exemptions.
Subpart C_Vessel Traffic Service and Vessel Movement Reporting System
Areas and Reporting Points
161.25 Vessel Traffic Service New York Area.
161.30 Vessel Traffic Service Louisville.
161.35 Vessel Traffic Service Houston/Galveston.
161.40 Vessel Traffic Service Berwick Bay.
161.45 Vessel Traffic Service St. Marys River.
161.50 Vessel Traffic Service San Francisco.
161.55 Vessel Traffic Service Puget Sound and the Cooperative Vessel
Traffic Service for the Juan de Fuca Region.
161.60 Vessel Traffic Service Prince William Sound.
Authority: 33 U.S.C. 1223, 1231; 46 U.S.C. 70114, 70117; Pub. L.
107-295, 116 Stat. 2064; Department of Homeland Security Delegation No.
0170.1.
Source: CGD 90-020, 59 FR 36324, July 15, 1994, unless otherwise
noted.
Subpart A_Vessel Traffic Services
General Rules
Sec. 161.1 Purpose and Intent.
(a) The purpose of this part is to promulgate regulations
implementing and enforcing certain sections of the Ports and Waterways
Safety Act (PWSA) setting up a national system of Vessel Traffic
Services that will enhance navigation, vessel safety, and marine
environmental protection, and promote safe vessel movement by reducing
the potential for collisions, rammings, and groundings, and the loss of
lives and property associated with these incidents within VTS areas
established hereunder.
(b) Vessel Traffic Services provide the mariner with information
related to the safe navigation of a waterway. This information, coupled
with the mariner's compliance with the provisions set forth in this
part, enhances
[[Page 578]]
the safe routing of vessels through congested waterways or waterways of
particular hazard. Under certain circumstances, a VTS may issue
directions to control the movement of vessels in order to minimize the
risk of collision between vessels, or damage to property or the
environment.
(c) The owner, operator, charterer, master, or person directing the
movement of a vessel remains at all times responsible for the manner in
which the vessel is operated and maneuvered, and is responsible for the
safe navigation of the vessel under all circumstances. Compliance with
these rules or with a direction of the VTS is at all times contingent
upon the exigencies of safe navigation.
(d) Nothing in this part is intended to relieve any vessel, owner,
operator, charterer, master, or person directing the movement of a
vessel from the consequences of any neglect to comply with this part or
any other applicable law or regulation (e.g., the International
Regulations for Prevention of Collisions at Sea, 1972 (72 COLREGS) or
the Inland Navigation Rules) or of the neglect of any precaution which
may be required by the ordinary practice of seamen, or by the special
circumstances of the case.
Sec. 161.2 Definitions.
For the purposes of this part:
Cooperative Vessel Traffic Services (CVTS) means the system of
vessel traffic management established and jointly operated by the United
States and Canada within adjoining waters. In addition, CVTS facilitates
traffic movement and anchorages, avoids jurisdictional disputes, and
renders assistance in emergencies in adjoining United States and
Canadian waters.
Hazardous Vessel Operating Condition means any condition related to
a vessel's ability to safely navigate or maneuver, and includes, but is
not limited to:
(1) The absence or malfunction of vessel operating equipment, such
as propulsion machinery, steering gear, radar system, gyrocompass, depth
sounding device, automatic radar plotting aid (ARPA), radiotelephone,
Automatic Identification System equipment, navigational lighting, sound
signaling devices or similar equipment.
(2) Any condition on board the vessel likely to impair navigation,
such as lack of current nautical charts and publications, personnel
shortage, or similar condition.
(3) Vessel characteristics that affect or restrict maneuverability,
such as cargo arrangement, trim, loaded condition, underkeel clearance,
speed, or similar characteristics.
Navigable waters means all navigable waters of the United States
including the territorial sea of the United States, extending to 12
nautical miles from United States baselines, as described in
Presidential Proclamation No. 5928 of December 27, 1988.
Precautionary Area means a routing measure comprising an area within
defined limits where vessels must navigate with particular caution and
within which the direction of traffic may be recommended.
Towing Vessel means any commercial vessel engaged in towing another
vessel astern, alongside, or by pushing ahead.
Vessel Movement Center (VMC) means the shore-based facility that
operates the vessel tracking system for a Vessel Movement Reporting
System (VMRS) area or sector within such an area. The VMC does not
necessarily have the capability or qualified personnel to interact with
marine traffic, nor does it necessarily respond to traffic situations
developing in the area, as does a Vessel Traffic Service (VTS).
Vessel Movement Reporting System (VMRS) means a mandatory reporting
system used to monitor and track vessel movements. This is accomplished
by a vessel providing information under established procedures as set
forth in this part in the areas defined in Table 161.12(c) (VTS and VMRS
Centers, Call Signs/MMSI, Designated Frequencies, and Monitoring Areas).
Vessel Movement Reporting System (VMRS) User means a vessel, or an
owner, operator, charterer, Master, or person directing the movement of
a vessel that is required to participate in a VMRS.
Vessel Traffic Center (VTC) means the shore-based facility that
operates the vessel traffic service for the Vessel
[[Page 579]]
Traffic Service area or sector within such an area.
Vessel Traffic Services (VTS) means a service implemented by the
United States Coast Guard designed to improve the safety and efficiency
of vessel traffic and to protect the environment. The VTS has the
capability to interact with marine traffic and respond to traffic
situations developing in the VTS area.
Vessel Traffic Service Area or VTS Area means the geographical area
encompassing a specific VTS area of service. This area of service may be
subdivided into sectors for the purpose of allocating responsibility to
individual Vessel Traffic Centers or to identify different operating
requirements.
Note: Although regulatory jurisdiction is limited to the navigable
waters of the United States, certain vessels will be encouraged or may
be required, as a condition of port entry, to report beyond this area to
facilitate traffic management within the VTS area.
VTS Special Area means a waterway within a VTS area in which special
operating requirements apply.
VTS User means a vessel, or an owner, operator, charterer, master,
or person directing the movement of a vessel, that is:
(a) Subject to the Vessel Bridge-to-Bridge Radiotelephone Act; or
(b) Required to participate in a VMRS within a VTS area (VMRS User).
VTS User's Manual means the manual established and distributed by
the VTS to provide the mariner with a description of the services
offered and rules in force for that VTS. Additionally, the manual may
include chartlets showing the area and sector boundaries, general
navigational information about the area, and procedures, radio
frequencies, reporting provisions and other information which may assist
the mariner while in the VTS area.
[CGD 90-020, 59 FR 36324, July 15, 1994, as amended by CGE 97-023, 62 FR
33364, June 19, 1997; USCG-2003-14757, 68 FR 39364, July 1, 2003]
Sec. 161.3 Applicability.
The provisions of this subpart shall apply to each VTS User and may
also apply to any vessel while underway or at anchor on the navigable
waters of the United States within a VTS area, to the extent the VTS
considers necessary.
Sec. 161.4 Requirement to carry the rules.
Each VTS User shall carry on board and maintain for ready reference
a copy of these rules.
Note: These rules are contained in the applicable U.S. Coast Pilot,
the VTS User's Manual which may be obtained by contacting the
appropriate VTS, and periodically published in the Local Notice to
Mariners. The VTS User's Manual and the World VTS Guide, an
International Maritime Organization (IMO) recognized publication,
contain additional information which may assist the prudent mariner
while in the appropriate VTS area.
Sec. 161.5 Deviations from the rules.
(a) Requests to deviate from any provision in this part, either for
an extended period of time or if anticipated before the start of a
transit, must be submitted in writing to the appropriate District
Commander. Upon receipt of the written request, the District Commander
may authorize a deviation if it is determined that such a deviation
provides a level of safety equivalent to that provided by the required
measure or is a maneuver considered necessary for safe navigation under
the circumstances. An application for an authorized deviation must state
the need and fully describe the proposed alternative to the required
measure.
(b) Requests to deviate from any provision in this part due to
circumstances that develop during a transit or immediately preceeding a
transit, may be made verbally to the appropriate VTS Director. Requests
to deviate shall be made as far in advance as practicable. Upon receipt
of the request, the VTS Director may authorize a deviation if it is
determined that, based on vessel handling characteristics, traffic
density, radar contacts, environmental conditions and other relevant
information, such a deviation provides a level of safety equivalent to
that provided by the required measure or is a maneuver considered
necessary for safe navigation under the circumstances.
[CGD 90-020, 59 FR 36324, July 15, 1994, as amended by USCG-2005-21531,
70 FR 36350, June 23, 2005]
[[Page 580]]
Services, VTS Measures, and Operating Requirements
Sec. 161.10 Services.
To enhance navigation and vessel safety, and to protect the marine
environment, a VTS may issue advisories, or respond to vessel requests
for information, on reported conditions within the VTS area, such as:
(a) Hazardous conditions or circumstances;
(b) Vessel congestion;
(c) Traffic density;
(d) Environmental conditions;
(e) Aids to navigation status;
(f) Anticipated vessel encounters;
(g) Another vessel's name, type, position, hazardous vessel
operating conditions, if applicable, and intended navigation movements,
as reported;
(h) Temporary measures in effect;
(i) A description of local harbor operations and conditions, such as
ferry routes, dredging, and so forth;
(j) Anchorage availability; or
(k) Other information or special circumstances.
Sec. 161.11 VTS measures.
(a) A VTS may issue measures or directions to enhance navigation and
vessel safety and to protect the marine environment, such as, but not
limited to:
(1) Designating temporary reporting points and procedures;
(2) Imposing vessel operating requirements; or
(3) Establishing vessel traffic routing schemes.
(b) During conditions of vessel congestion, restricted visibility,
adverse weather, or other hazardous circumstances, a VTS may control,
supervise, or otherwise manage traffic, by specifying times of entry,
movement, or departure to, from, or within a VTS area.
Sec. 161.12 Vessel operating requirements.
(a) Subject to the exigencies of safe navigation, a VTS User shall
comply with all measures established or directions issued by a VTS.
(b) If, in a specific circumstance, a VTS User is unable to safely
comply with a measure or direction issued by the VTS, the VTS User may
deviate only to the extent necessary to avoid endangering persons,
property or the environment. The deviation shall be reported to the VTS
as soon as is practicable.
(c) When not exchanging voice communications, a VTS User must
maintain a listening watch as required by Sec. 26.04(e) of this chapter
on the VTS frequency designated in Table 161.12(c) (VTS and VMRS
Centers, Call Signs/MMSI, Designated Frequencies, and Monitoring Areas).
In addition, the VTS User must respond promptly when hailed and
communicate in the English language.
Note to Sec. 161.12(c):
As stated in 47 CFR 80.148(b), a very high frequency watch on
Channel 16 (156.800 MHz) is not required on vessels subject to the
Vessel Bridge-to-Bridge Radiotelephone Act and participating in a Vessel
Traffic Service (VTS) system when the watch is maintained on both the
vessel bridge-to-bridge frequency and a designated VTS frequency.
Table 161.12(c).--VTS and VMRS Centers, Call Signs/MMSI, Designated Frequencies, and Monitoring Areas
----------------------------------------------------------------------------------------------------------------
Designated frequency (Channel
Center MMSI 1 Call Sign designation)--purpose 2 Monitoring area 3 4
----------------------------------------------------------------------------------------------------------------
Berwick Bay 003669950--
Berwick Traffic.......................... 156.550 MHz (Ch. 11).............. The waters south of
29[deg]45[min] N., west of
91[deg]10[min] W., north of
29[deg]37[min] N., and east of
91[deg]18[min] W.
Houston-Galveston--003669954............. .................................. The navigable waters north of
29[deg] N., west of
94[deg]20[min] W., south of
29[deg]49[min] N., and east of
95[deg]20[min] W.
Houston Traffic.......................... 156.550 MHz (Ch. 11).............. The navigable waters north of a
156.250 Mhz (Ch. 5A).............. line extending due west from the
--For Sailing Plans only.......... southern most end of Exxon Dock
1 (20[deg]43.37[min]
N., 95[deg]01.27[min] W.).
Houston Traffic.......................... 156.600 MHz (Ch. 12).............. The navigable waters south of a
156.250 Mhz (Ch. 5A).............. line extending due west from the
--For Sailing Plans only.......... southern most end of Exxon Dock
1 (29[deg]43.37[min]
N., 95[deg]01.27[min] W.)
[[Page 581]]
Los Angeles/Long Beach: MMSI/To be
determined
San Pedro Traffic........................ 156.700 MHz (Ch.14)............... Vessel Movement Reporting System
Area: The navigable waters
within a 25 nautical mile radius
of Point Fermin Light
(33[deg]42.3[min] N.,
118[deg]17.6[min] W.).
Louisville: Not applicable
Louisville Traffic....................... 156.650 MHz (Ch. 13) The waters of the Ohio River
between McAlpine Locks (Mile
606) and Twelve Mile Island
(Mile 593), only when the
McAlpine upper pool gauge is at
approximately 13.0 feet or
above.
Lower Mississippi River 5--0036699952
New Orleans Traffic...................... 156.700 MHz (Ch.14)............... The navigable waters of the Lower
Mississippi River below
30[deg]38.7[min] N.,
91[deg]17.5[min] W. (Port Hudson
Light at 255 miles Above Head of
Passes (AHP)), the Southwest
Pass, and, within a 12 nautical
miles radius around
28[deg]54.3[min] N.,
89[deg]25.7[min] W. (Southwest
Pass Entrance Light at 19.9
miles Below Head of Passes).
New Orleans Traffic...................... 156.600 MHz (Ch.12)............... New Orleans Sector. The navigable
waters of the Lower Mississippi
River bounded on the north by a
line drawn perpendicularly at
29[deg]56.4[min] N.,
90[deg]08.36[min] W. and on the
south by a line drawn
perpendicularly at
29[deg]56.24[min] N.,
89[deg]59.86[min] W. (88 and 106
miles AHP).
New York--003669951
New York Traffic......................... 156.550 MHz (Ch. 11).............. The area consists of the
--For Sailing Plans only.......... navigable waters of the Lower
156.600 MHz (Ch. 12).............. New York Bay bounded on the east
--For vessels at anchor........... by a line drawn from Norton
Point to Breezy Point; on the
south by a line connecting the
entrance buoys at the Ambrose
Channel, Swash Channel, and
Sandy Hook Channel to Sandy Hook
Point; and on the southeast
including the waters of Sandy
Hook Bay south to a line drawn
at latitude 40[deg] 25[min] N;
then west in the Raritan Bay to
the Raritan River Railroad
Bridge, then north into waters
of the Arthur Kill and Newark
Bay to the Lehigh Valley Draw
Bridge at latitude 40[deg]
41.9N; and then east including
the waters of the Kill Van Kull
and the Upper New York Bay north
to a line drawn east-west from
the Holland Tunnel ventilator
shaft at latitude 40[deg]
43.7[min] N, longitude 74[deg]
01.6[min] W, in the Hudson
River; and then continuing east
including the waters of the East
River to the Throgs Neck Bridge,
excluding the Harlem River.
New York Traffic......................... 156.700 MHz (Ch. 14).............. The navigable waters of the Lower
New York Bay west of a line
drawn from Norton Point to
Breezy Point; and north of a
line connecting the entrance
buoys of Ambrose Channel, Swash
Channel, and Sandy Hook Channel,
to Sandy Hook Point; on the
southeast including the waters
of the Sandy Hook Bay south to a
line drawn at latitude 40[deg]
25[min] N; then west into the
waters of Raritan Bay East Reach
to a line drawn from Great Kills
Light south through Raritan Bay
East Reach LGB 14 to
Comfort PT, NJ; then north
including the waters of the
Upper New York Bay south of
40[deg] 42.40[min] N (Brooklyn
Bridge) and 40[deg] 43.70[min] N
(Holland Tunnel Ventilator
Shaft); west through the KVK
into the Arthur Kill north of
40[deg] 38.25[min] N (Arthur
Kill Railroad Bridge); then
north into the waters of the
Newark Bay, south of 40[deg]
41.95[min] N (Lehigh Valley Draw
Bridge).
New York Traffic......................... 156.600 MHz (Ch. 12).............. The navigable waters of the
Raritan Bay south to a line
drawn at latitude 40[deg]
26[min] N; then west of a line
drawn from Great Kills Light
south through the Raritan Bay
East Reach LGB 14 to
Point Comfort, NJ; then west to
the Raritan River Railroad
Bridge; and north including the
waters of the Arthur Kill to
40[deg] 28.25[min] N (Arthur
Kill Railroad Bridge); including
the waters of the East River
north of 40[deg] 42.40[min] N
(Brooklyn Bridge) to the Throgs
Neck Bridge, excluding the
Harlem River.
Port Arthur 5--003669955
Sabine Traffic........................... To be determined.................. The navigable waters south of
30[deg]10[min] N., east of
94[deg]20[min] W., west of
93[deg]22[min] W, and, north of
29[deg] 10[min] N.
[[Page 582]]
Prince William Sound--003669958
Valdez Traffic........................... 156.650 MHz (Ch. 13).............. The navigable waters south of
61[deg]05[min] N., east of
147[deg]20[min] W., north of
60[deg] N., and west of
146[deg]30[min] W.; and, all
navigable waters in Port Valdez.
Puget Sound 6
Seattle Traffic--003669957............... 156.700 MHz (Ch. 14).............. The waters of Puget Sound, Hood
Canal and adjacent waters south
of a line connecting Marrowstone
Point and Lagoon Point in
Admiralty Inlet and south of a
line drawn due east from the
southernmost tip of Possession
Point on Whidbey Island to the
shoreline.
Seattle Traffic--003669957............... 156.250 MHz (Ch. 5A).............. The waters of the Strait of Juan
de Fuca east of 124[deg]40[min]
W. excluding the waters in the
central portion of the Strait of
Juan de Fuca north and east of
Race Rocks; the navigable waters
of the Strait of Georgia east of
122[deg]52[min] W.; the San Juan
Island Archipelago, Rosario
Strait, Bellingham Bay;
Admiralty Inlet north of a line
connecting Marrowstone Point and
Lagoon Point and all waters east
of Whidbey Island North of a
line drawn due east from the
southernmost tip of Possession
Point on Whidbey Island to the
shoreline.
Tofino Traffic--003160012................ 156.725 MHz (Ch. 74).............. The waters west of
124[deg]40[min] W. within 50
nautical miles of the coast of
Vancouver Island including the
waters north of 48[deg] N., and
east of 127[deg] W.
Victoria Traffi--003160010............... 156.550 MHz (Ch. 11).............. The waters of the Strait of
Georgia west of 122[deg]52[min]
W., the navigable waters of the
central Strait of Juan de Fuca
north and east of Race Rocks,
including the Gulf Island
Archipelago, Boundary Pass and
Haro Strait.
San Francisco--003669956
San Francisco Traffic.................... 156.700 MHz (Ch. 14).............. The navigable waters of the San
Francisco Offshore Precautionary
Area, the navigable waters
shoreward of the San Francisco
Offshore Precautionary Area east
of 122[deg]42.0[min] W. and
north of 37[deg]40.0[min] N.
extending eastward through the
Golden Gate, and the navigable
waters of San Francisco Bay and
as far east as the port of
Stockton on the San Joaquin
River, as far north as the port
of Sacramento on the Sacramento
River.
San Francisco Traffic.................... 156.600 MHz (Ch. 12).............. The navigable waters within a 38
nautical mile radius of Mount
Tamalpais (37[deg]55.8[min] N.,
122[deg]34.6[min] W.) west of
122[deg]42.0[min] W. and south
of 37[deg]40.0[min] N and
excluding the San Francisco
Offshore Precautionary Area.
St. Marys River--003669953
Soo Traffic.............................. 156.600 MHz (Ch. 12).............. The waters of the St. Marys River
between 45[deg]57[min] N. (De
Tour Reef Light) and
46[deg]38.7[min] N. (lle
Parisienne Light), except the
St. Marys Falls Canal and those
navigable waters east of a line
from 46[deg]04.16[min] N. and
46[deg]01.57[min] N. (La Pointe
to Sims Point in Potagannissing
Bay and Worsley Bay).
----------------------------------------------------------------------------------------------------------------
Notes:
\1\ Maritime Mobile Service Identifier (MMSI) is a unique nine-digit number assigned that identifies ship
stations, ship earth stations, coast stations, coast earth stations, and group calls for use by a digital
selective calling (DSC) radio, an INMARSAT ship earth station or AIS. AIS requirements are set forth in Sec.
Sec. 161.21 and 164.46 of this subchapter. The requirements set forth in Sec. Sec. 161.21 and 164.46 of
this subchapter apply in those areas denoted with a MMSI number.
\2\ In the event of a communication failure, difficulties or other safety factors, the Center may direct or
permit a user to monitor and report on any other designated monitoring frequency or the bridge-to-bridge
navigational frequency, 156.650 MHz (Channel 13) or 156.375 MHz (Ch. 67), to the extent that doing so provides
a level of safety beyond that provided by other means. The bridge-to-bridge navigational frequency, 156.650
MHz (Ch. 13), is used in certain monitoring areas where the level of reporting does not warrant a designated
frequency.
\3\ All geographic coordinates (latitude and longitude) are expressed in North American Datum of 1983 (NAD 83).
\4\ Some monitoring areas extend beyond navigable waters. Although not required, users are strongly encouraged
to maintain a listening watch on the designated monitoring frequency in these areas. Otherwise, they are
required to maintain watch as stated in 47 CFR 80.148.
\5\ Until rules regarding VTS Lower Mississippi River and VTS Port Arthur are published, vessels are exempted of
all VTS and VMRS requirements set forth in 33 CFR part 161, except those set forth in Sec. Sec. 161.21 and
164.46 of this subchapter.
\6\ A Cooperative Vessel Traffic Service was established by the United States and Canada within adjoining
waters. The appropriate Center administers the rules issued by both nations; however, enforces only its own
set of rules within its jurisdiction. Note, the bridge-to-bridge navigational frequency, 156.650 MHz (Ch. 13),
is not so designated in Canadian waters, therefore users are encouraged and permitted to make passing
arrangements on the designated monitoring frequencies.
[[Page 583]]
(d) As soon as is practicable, a VTS User shall notify the VTS of
any of the following:
(1) A marine casualty as defined in 46 CFR 4.05-1;
(2) Involvement in the ramming of a fixed or floating object;
(3) A pollution incident as defined in Sec. 151.15 of this chapter;
(4) A defect or discrepancy in an aid to navigation;
(5) A hazardous condition as defined in Sec. 160.203 of this
chapter;
(6) Improper operation of vessel equipment required by Part 164 of
this chapter;
(7) A situation involving hazardous materials for which a report is
required by 49 CFR 176.48; and
(8) A hazardous vessel operating condition as defined in Sec.
161.2.
[CGD 90-020, 59 FR 36324, July 15, 1994, as amended by CGD 95-033, 60 FR
28329, May 31, 1995; CGD 92-052, 61 FR 45326, Aug. 29, 1996; USCG-1999-
6141, 64 FR 69636, Dec. 14, 1999; USCG-2003-14757, 68 FR 39364, July 1,
2003; USCG-2003-14757, 68 FR 60569, Oct. 22, 2003; USCG-2004-18057, 69
FR 34926, June 23, 2004]
Sec. 161.13 VTS Special Area operating requirements.
The following operating requirements apply within a VTS Special
Area:
(a) A VTS User shall, if towing astern, do so with as short a hawser
as safety and good seamanship permits.
(b) A VMRS User shall: (1) Not enter or get underway in the area
without prior approval of the VTS;
(2) Not enter a VTS Special Area if a hazardous vessel operating
condition or circumstance exists;
(3) Not meet, cross, or overtake any other VMRS User in the area
without prior approval of the VTS; and
(4) Before meeting, crossing, or overtaking any other VMRS User in
the area, communicate on the designated vessel bridge-to-bridge
radiotelephone frequency, intended navigation movements, and any other
information necessary in order to make safe passing arrangements. This
requirement does not relieve a vessel of any duty prescribed by the
International Regulations for Prevention of Collisions at Sea, 1972 (72
COLREGS) or the Inland Navigation Rules.
Subpart B_Vessel Movement Reporting System
Sec. 161.15 Purpose and intent.
(a) A Vessel Movement Reporting System (VMRS) is a system used to
monitor and track vessel movements VTS or VMRS area. This is
accomplished by requiring that vessels provide information under
established procedures as set forth in this part, or as directed by the
Center.
(b) To avoid imposing an undue reporting burden or unduly congesting
radiotelephone frequencies, reports shall be limited to information
which is essential to achieve the objectives of the VMRS. These reports
are consolidated into three reports (sailing plan, position, and final).
[CGD 90-020, 59 FR 36324, July 15, 1994, as amended by USCG-2003-14757,
68 FR 39366, July 1, 2003]
Sec. 161.16 Applicability.
Unless otherwise stated, the provisions of this subpart apply to the
following vessels and VMRS Users:
(a) Every power-driven vessel of 40 meters (approximately 131 feet)
or more in length, while navigating;
(b) Every towing vessel of 8 meters (approximately 26 feet) or more
in length, while navigating; or
(c) Every vessel certificated to carry 50 or more passengers for
hire, when engaged in trade.
[CGD 90-020, 59 FR 36324, July 15, 1994, as amended by USCG-2003-14757,
68 FR 39366, July 1, 2003]
Sec. 161.17 Definitions.
As used in this subpart:
Center means a Vessel Traffic Center or Vessel Movement Center.
Published means available in a widely-distributed and publicly
available medium (e.g., VTS User's Manual, ferry schedule, Notice to
Mariners).
[USCG-2003-14757, 68 FR 39366, July 1, 2003]
Sec. 161.18 Reporting requirements.
(a) A Center may: (1) Direct a vessel to provide any of the
information set forth in Table 161.18(a) (IMO Standard Ship Reporting
System);
[[Page 584]]
Table 161.18(a)--The IMO Standard Ship Reporting System
------------------------------------------------------------------------
A ALPHA............ Ship............. Name, call sign or
ship station
identity, and flag.
B BRAVO............ Dates and time of A 6 digit group giving
event. day of month (first
two digits), hours
and minutes (last
four digits). If
other than UTC state
time zone used.
C CHARLIE.......... Position......... A 4 digit group giving
latitude in degrees
and minutes suffixed
with N (north) or S
(south) and a 5 digit
group giving
longitude in degrees
and minutes suffixed
with E (east) or W
(west); or.
D DELTA............ Position......... True bearing (first 3
digits) and distance
(state distance) in
nautical miles from a
clearly identified
landmark (state
landmark).
E ECHO............. True course...... A 3 digit group.
F FOXTROT.......... Speed in knots A 3 digit group.
and tenths of
knots.
G GOLF............. Port of Departure Name of last port of
call.
H HOTEL............ Date, time and Entry time expressed
point of entry as in (B) and into
system. the entry position
expressed as in (C)
or (D).
I INDIA............ Destination and Name of port and date
expected time of time group expressed
arrival. as in (B).
J JULIET........... Pilot............ State whether a deep
sea or local pilot is
on board.
K KILO............. Date, time and Exit time expressed as
point of exit in (B) and exit
from system. position expressed as
in (C) or (D).
L LIMA............. Route information Intended track.
M MIKE............. Radio............ State in full names of
communications
stations/frequencies
guarded.
N NOVEMBER......... Time of next Date time group
report. expressed as in (B).
O OSCAR............ Maximum present 4 digit group giving
static draught meters and
in meters. centimeters.
P PAPA............. Cargo on board... Cargo and brief
details of any
dangerous cargoes as
well as harmful
substances and gases
that could endanger
persons or the
environment.
Q QUEBEC........... Defects, damage, Brief detail of
deficiencies or defects, damage,
limitations. deficiencies or other
limitations.
R ROMEO............ Description of Brief details of type
pollution or of pollution (oil,
dangerous goods chemicals, etc) or
lost. dangerous goods lost
overboard; position
expressed as in (C)
or (D).
S SIERRA........... Weather Brief details of
conditions. weather and sea
conditions
prevailing.
T TANGO............ Ship's Details of name and
representative particulars of ship's
and/or owner. representative and/or
owner for provision
of information.
U UNIFORM.......... Ship size and Details of length,
type. breadth, tonnage, and
type, etc., as
required.
V VICTOR........... Medical personnel Doctor, physician's
assistant, nurse, no
medic.
W WHISKEY.......... Total number of State number.
persons on board.
X XRAY............. Miscellaneous.... Any other information
as appropriate.
[i.e., a detailed
description of a
planned operation,
which may include:
its duration;
effective area; any
restrictions to
navigation;
notification
procedures for
approaching vessels;
in addition, for a
towing operation:
configuration, length
of the tow, available
horsepower, etc.; for
a dredge or floating
plant: configuration
of pipeline, mooring
configuration, number
of assist vessels,
etc.].
------------------------------------------------------------------------
[[Page 585]]
(2) Establish other means of reporting for those vessels unable to
report on the designated frequency; or
(3) Require reports from a vessel in sufficient time to allow
advance vessel traffic planning.
(b) All reports required by this part shall be made as soon as is
practicable on the frequency designated in Table 161.12(c) (VTS and VMRS
Centers, Call Signs/MMSI, Designated Frequencies, and Monitoring Areas).
(c) When not exchanging communications, a VMRS User must maintain a
listening watch as described in Sec. 26.04(e) of this chapter on the
frequency designated in Table 161.12(c) (VTS and VMRS Centers, Call
Signs/MMSI, Designated Frequencies, and Monitoring Areas). In addition,
the VMRS User must respond promptly when hailed and communicate in the
English language.
Note: As stated in 47 CFR 80.148(b), a VHF watch on Channel 16
(156.800 MHz) is not required on vessels subject to the Vessel Bridge-
to-Bridge Radiotelephone Act and participating in a Vessel Traffic
Service (VTS) system when the watch is maintained on both the vessel
bridge-to-bridge frequency and a designated VTS frequency.
(d) A vessel must report:
(1) Any significant deviation from its Sailing Plan, as defined in
Sec. 161.19, or from previously reported information; or
(2) Any intention to deviate from a VTS issued measure or vessel
traffic routing system.
(e) When reports required by this part include time information,
such information shall be given using the local time zone in effect and
the 24-hour military clock system.
[CGD 90-020, 59 FR 36324, July 15, 1994, as amended by USCG-2003-14757,
68 FR 39366, July 1, 2003]
Sec. 161.19 Sailing Plan (SP).
Unless otherwise stated, at least 15 minutes before navigating a VTS
area, a vessel must report the:
(a) Vessel name and type;
(b) Position;
(c) Destination and ETA;
(d) Intended route;
(e) Time and point of entry; and
(f) Dangerous cargo on board or in its tow, as defined in Sec.
160.203 of this chapter, and other required information as set out in
Sec. 160.211 and Sec. 160.213 of this chapter, if applicable.
Sec. 161.20 Position Report (PR).
A vessel must report its name and position:
(a) Upon point of entry into a VMRS area;
(b) At designated reporting points as set forth in subpart C; or
(c) When directed by the Center.
[CGD 90-020, 59 FR 36324, July 15, 1994, as amended by USCG-2003-14757,
68 FR 39366, July 1, 2003]
Sec. 161.21 Automated reporting.
(a) Unless otherwise directed, vessels equipped with an Automatic
Identification System (AIS) are required to make continuous, all
stations, AIS broadcasts, in lieu of voice Position Reports, to those
Centers denoted in Table 161.12(c) of this part.
(b) Should an AIS become non-operational, while or prior to
navigating a VMRS area, it should be restored to operating condition as
soon as possible, and, until restored a vessel must:
(1) Notify the Center;
(2) Make voice radio Position Reports at designated reporting points
as required by Sec. 161.20(b) of this part; and
(3) Make any other reports as directed by the Center.
[USCG-2003-14757, 68 FR 39366, July 1, 2003]
Sec. 161.22 Final Report (FR).
A vessel must report its name and position:
(a) On arrival at its destination; or
(b) When leaving a VTS area.
Sec. 161.23 Reporting exemptions.
(a) Unless otherwise directed, the following vessels are exempted
from providing Position and Final Reports due to the nature of their
operation:
(1) Vessels on a published schedule and route;
(2) Vessels operating within an area of a radius of three nautical
miles or less; or
(3) Vessels escorting another vessel or assisting another vessel in
maneuvering procedures.
(b) A vessel described in paragraph (a) of this section must:
[[Page 586]]
(1) Provide a Sailing Plan at least 5 minutes but not more than 15
minutes before navigating within the VMRS area; and
(2) If it departs from its promulgated schedule by more than 15
minutes or changes its limited operating area, make the established VMRS
reports, or report as directed.
[CGD 90-020, 59 FR 36324, July 15, 1994, as amended by CGD 97-023, 62 FR
33364, June 19, 1997; USCG-2003-14757, 68 FR 39367, July 1, 2003]
Subpart C_Vessel Traffic Service and Vessel Movement Reporting System
Areas and Reporting Points
Note: All geographic coordinates contained in part 161 (latitude and
longitude) are expressed in North American Datum of 1983 (NAD 83).
Sec. 161.25 Vessel Traffic Service New York Area.
The area consists of the navigable waters of the Lower New York
Harbor bounded on the east by a line drawn from Norton Point to Breezy
Point; on the south by a line connecting the entrance buoys at the
Ambrose Channel, Swash Channel, and Sandy Hook Channel to Sandy Hook
Point; and on the southeast including the waters of Sandy Hook Bay south
to a line drawn at latitude 40[deg]25[min] N.; then west into waters of
the Raritan Bay to the Raritan River Rail Road Bridge; and then north
including the waters of the Arthur Kill and Newark Bay to the Lehigh
Valley Draw Bridge at latitude 40[deg]41.9[min] N.; and then east
including the waters of the Kill Van Kull and Upper New York Bay north
to a line drawn east-west from the Holland Tunnel Ventilator Shaft at
latitude 40[deg]43.7[min] N., longitude 74[deg]01.6[min] W. in the
Hudson River; and then continuing east including the waters of the East
River to the Throgs Neck Bridge, excluding the Harlem River.
Note: Although mandatory participation in VTSNY is limited to the
area within the navigable waters of the United States, VTSNY will
provide services beyond those waters. Prospective users are encouraged
to report beyond the area of required participation in order to
facilitate advance vessel traffic management in the VTS area and to
receive VTSNY advisories and/or assistance.
[CGD 92-052, 61 FR 45327, Aug. 29, 1996]
Sec. 161.30 Vessel Traffic Service Louisville.
The VTS area consists of the navigable waters of the Ohio River
between McAlpine Locks (Mile 606.8) and Twelve Mile Island (Mile 593),
only when the McAlpine upper pool gauge is at 13.0 feet or above.
[CGD 90-020, 59 FR 36324, July 15, 1994, as amended by USCG-1998-3799,
63 FR 35531, June 30, 1998]
Sec. 161.35 Vessel Traffic Service Houston/Galveston.
(a) The VTS area consists of the following major waterways and
portions of connecting waterways: Galveston Bay Entrance Channel; Outer
Bar Channel; Inner Bar Channel; Bolivar Roads Channel; Galveston
Channel; Gulf ICW and Galveston-Freeport Cut-Off from Mile 346 to Mile
352; Texas City Channel; Texas City Turning Basin; Texas City Canal
Channel; Texas City Canal Turning Basin; Houston Ship Channel; Bayport
Channel; Bayport Turning Basin; Houston Turning Basin; and the following
precautionary areas associated with these waterways.
(b) Precautionary Areas.
Table 161.35(b)--VTS Houston/Galveston Precautionary Areas
------------------------------------------------------------------------
Center point
Precautionary area name Radius ------------------------------
(yds.) Latitude Longitude
------------------------------------------------------------------------
Bolivar Roads................ 4000 29[deg]20.9[mi 94[deg]47.0[m
n] N in] W
Red Fish Bar................. 4000 29[deg]29.8[mi 94[deg]51.9[m
n] N in] W
Bayport Channel.............. 4000 29[deg]36.7[mi 94[deg]57.2[m
n] N in] W
Morgans Point................ 2000 29[deg]41.0[mi 94[deg]59.0[m
n] N in] W
Upper San Jacinto Bay........ 1000 29[deg]42.3[mi 95[deg]01.1[m
n] N in] W
Baytown...................... 1000 29[deg]43.6[mi 95[deg]01.4[m
n] N in] W
Lynchburg.................... 1000 29[deg]45.8[mi 95[deg]04.8[m
n] N in] W
Carpenters Bayou............. 1000 29[deg]45.3[mi 95[deg]05.6[m
n] N in] W
Jacintoport.................. 1000 29[deg]44.8[mi 95[deg]06.0[m
n] N in] W
Greens Bayou................. 1000 29[deg]44.8[mi 95[deg]10.2[m
n] N in] W
Hunting Bayou................ 1000 29[deg]44.3[mi 95[deg]12.1[m
n] N in] W
Sims Bayou................... 1000 29[deg]43.1[mi 95[deg]14.4[m
n] N in] W
Brady Island................. 1000 29[deg]43.5[mi 95[deg]16.4[m
n] N in] W
Buffalo Bayou................ 1000 29[deg]45.0[mi 95[deg]17.3[m
n] N in] W
------------------------------------------------------------------------
Note: Each Precautionary Area encompasses a circular area of the radius
denoted.
(c) Reporting Points.
[[Page 587]]
Table 161.35(c)--VTS Houston/Galveston Reporting Points
----------------------------------------------------------------------------------------------------------------
Geographic
Designator Geographic name description Latitude/longitude Notes
----------------------------------------------------------------------------------------------------------------
1............................... Galveston Bay Galveston Bay 29[deg]18.4[min] ..................
Entrance Channel. Entrance CH N;
Lighted Buoy (LB) 94[deg]37.6[min]
``GB''. W.
2............................... Galveston Bay Galveston Bay 29[deg]20.6[min] ..................
Entrance Channel. Entrance Channel N;
LB 11 and 12. 94[deg]44.6[min]
W.
E............................... Bolivar Land Cut.. Mile 349 29[deg]22.5[min] Tows entering HSC
Intracoastal N; also report at
Waterway (ICW). 94[deg]46.9[min] HSC LB 25 & 26.
W.
W............................... Pelican Cut....... Mile 351 ICW...... 29[deg]21.4[min] Tow entering HSC
N; also report at
94[deg]48.5[min] HSC LB 25 & 26.
W.
GCG............................. Galveston Harbor.. USCG Base. At the 29[deg]20.0[min] ..................
entrance to N;
Galveston Harbor. 94[deg]46.5[min]
W.
T............................... Texas City Channel Texas City Channel 29[deg]22.4[min] ..................
LB 12. N;
94[deg]50.9[min]
W.
X............................... Houston Ship Houston Ship 29[deg]22.1[min] Tow entering HSC
Channel ICW Channel (HSC) LB N; from ICW or Texas
Intersection. 25 and 26. 94[deg]48.1[min] Cut Only.
W..
3............................... Lower Galveston HSC LB 31 and 32.. 29[deg]23.5[min] ..................
Bay. N;
94[deg]48.8[min]
W.
4............................... Red Fish Bar...... HSC Lt. 53A & 54A. 29[deg]30.3[min] ..................
N;
94[deg]52.4[min]
W.
P............................... Bayport Ship Bayport Ship 29[deg]36.8[min] Report at the
Channel. Channel Lt. 8 and N; North Land Cut.
9. 94[deg]59.5[min]
W;.
4A.............................. Upper Galveston HSC Buoys 69 and 29[deg]34.7[min] Tows only.
Bay. 70. N;
94[deg]55.8[min]
W.
5............................... Morgan's Point.... Barbour's Cut..... 29[deg]41.0[min] Abeam Barbours
N; Cut.
94[deg]58.9[min]
W..
6............................... Exxon............. Baytown Bend...... 29[deg]43.5[min] ..................
N;
95[deg]01.4[min]
W.
7............................... Lynchburg......... Ferry crossing.... 29[deg]45.8[min] ..................
N;
95[deg]04.8[min]
W.
8............................... Shell Oil......... Boggy Bayou....... 29[deg]44.1[min] ..................
N;
95[deg]08.0[min]
W.
9............................... Greens Bayou...... Greens Bayou...... 29[deg]44.8[min] ..................
N;
95[deg]10.1[min]
W.
10.............................. Hess Turning Basin Hunting Bayou 29[deg]44.3[min]
Turning Basin. N;95[deg]12.1[min
] W.
11.............................. Lyondell Turning Sims Bayou Turning 29[deg]43.2[min]
Basin. Basin. N;
95[deg]14.4[min]
W.
12.............................. I-610 Bridge...... I-610 Bridge...... 29[deg]43.5[min]
N;
95[deg]16.0[min]
W.
13.............................. Houston Turning Buffalo Bayou..... 29[deg]45.0[min]
Basin. N;
95[deg]17.4[min]
W.
----------------------------------------------------------------------------------------------------------------
[CGD 90-020, 59 FR 36324, July 15, 1994, as amended by CGD 95-033, 60 FR
28331, May 31, 1995; USCG-2000-7223, 65 FR 40058, June 29, 2000]
Sec. 161.40 Vessel Traffic Service Berwick Bay.
(a) The VTS area consists of the navigable waters of the following
segments of waterways: the Intracoastal Waterway (ICW) Morgan City to
Port Allen Alternate Route from Mile Marker 0 to Mile Marker 5; the ICW
from Mile Marker 93 west of Harvey Lock (WHL) to Mile Marker 102 WHL;
the Atchafalaya River Route from Mile Marker 113 to Mile Marker 122;
from Bayou Shaffer Junction (ICW Mile Marker 94.5 WHL) south one statute
mile along Bayou Shaffer; and from Berwick Lock northwest one statute
mile along the Lower Atchafalaya River.
(b) VTS Special Area. The Berwick Bay VTS Special Area consists of
those waters within a 1000 yard radius of the Southern Pacific Railroad
Bridge located at Mile .03 MC/PA.
(c) Reporting Points.
Table 161.40(c)--VTS Berwick Bay Reporting Points
----------------------------------------------------------------------------------------------------------------
Geographic
Designator Geographic name description Latitude/longitude Notes
----------------------------------------------------------------------------------------------------------------
1............................... Stouts Pass....... Stouts Point Light 29[deg]43[min]47[s
``1'' Mile 113- ec] N
Atchafalaya River. 91[deg]13[min]25[s
ec] W
2............................... Berwick Lock...... Mile 1.9 MC/PA.... 29[deg]43[min]10[s If transiting the
ec] N Lock.
91[deg]13[min]28[s
ec] W
3............................... Conrad's Point Buoy ``1'' Mile 29[deg]42[min]32[s
Junction. 1.5 MC/PA. ec] N
91[deg]13[min]14[s
ec] W
4............................... Swift Ships Flat Mile 3 MC/PA...... 29[deg]43[min]26[s
Lake Junction. ec] N
91[deg]12[min]22[s
ec] W
5............................... South Pacific Mile 0.3 MC/PA.... 29[deg]41[min]34[s
Railroad Bridge. ec] N
91[deg]12[min]44[s
ec] W
6............................... 20 Grant Point Bayou Boeuf- 29[deg]41[min]18[s
Junction. Atchafalaya R. ec] N
Mile 95.5 ICW. 91[deg]12[min]36[s
ec] W
[[Page 588]]
7............................... ICW............... Overhead Power 29[deg]40[min]43[s
Cable Mile 96.5 ec] N
ICW. 91[deg]13[min]18[s
ec] W
8............................... Wax Bayou Junction Light ``A'' Mile 29[deg]39[min]29[s
98.2W ICW. ec] N
91[deg]14[min]46[s
ec] W
9............................... Shaffer Junction.. ICW-Bayou Shaffer 29[deg]41[min]10[s
Mile 94.5 ICW. ec] N
91[deg]11[min]38[s
ec] W
----------------------------------------------------------------------------------------------------------------
[CGD 90-020, 59 FR 36324, July 15, 1994, as amended by CGD 95-033, 60 FR
28332, May 31, 1995; USCG-1998-3799, 63 FR 35531, June 30, 1998]
Sec. 161.45 Vessel Traffic Service St. Marys River.
(a) The VTS area consists of the navigable waters of the St. Marys
River and lower Whitefish Bay from 45[deg]57[min] N. (De Tour Reef
Light) to the south, to 46[deg]38.7[min] N. (Ile Parisienne Light) to
the north, except the waters of the St. Marys Falls Canal, and to the
east along a line from La Pointe to Sims Point, within Potagannissing
Bay and Worsley Bay.
(b) Reporting Points.
Table 161.45(b)--VTS St. Marys River Reporting Points
----------------------------------------------------------------------------------------------------------------
Geographic
Designator Geographic name description Latitude/longitude Notes
----------------------------------------------------------------------------------------------------------------
1............................... Ile Parisienne.... Ile Parisienne 46[deg]37.3[min] Downbound Only.
Light. N;
84[deg]45.9[min]
W.
2............................... Gros Cap Reef..... Gros Cap Reefs 46[deg]30.6[min] Upbound Only.
Light. N;
84[deg]37.1[min]
W.
3............................... Round Island...... Round Island Light 46[deg]26.9[min]
32. N;
84[deg]31.7[min]W
.
4............................... Pointe Louise..... Pointe Louise 46[deg]27.8[min]
Light. N;
84[deg]28.2[min]W
.
5*.............................. West End of Locks. West Center 46[deg]30.2[min] Upbound Only.
Pierhead Light. N;
84[deg]22.2[min]
W.
6............................... East End of Locks. East Center 46[deg]30.1[min] Downbound Only.
Pierhead Light. N;
84[deg]20.3[min]
W.
7............................... Mission Point..... Light 99.......... 46[deg]29.2[min]
N;
84[deg]18.1[min]W
.
8............................... Six Mile Point.... Six Mile Point.... 46[deg]26.1[min]
N;
84[deg]15.4[min]W
.
9............................... Ninemile Point.... Light 80.......... 46[deg]23.5[min]
N;
84[deg]14.1[min]W
.
10.............................. West Neebish Light 29.......... 46[deg]16.9[min] Downbound Only.
Channel. N;
84[deg]12.5[min]
W.
11.............................. Munuscong Lake Lighted Junction 46[deg]10.8[min]
Junction. Buoy. N;
84[deg]05.6[min]W
.
12.............................. De Tour Reef...... De Tour Reef Light 46[deg]56.9[min] ..................
N;
83[deg]53.7[min]
W.
----------------------------------------------------------------------------------------------------------------
[CGD 90-020, 59 FR 36324, July 15, 1994, as amended by CGD 95-033, 60 FR
28332, May 31, 1995; USCG-1998-3799, 63 FR 35531, June 30, 1998]
Sec. 161.50 Vessel Traffic Service San Francisco.
The VTS area consists of all the navigable waters of San Francisco
Bay Region south of the Mare Island Causeway Bridge and the Petaluma
River Entrance Channel Daybeacon 19 and Petaluma River Entrace Channel
Light 20 and north of the Dumbarton Bridge; its seaward approaches
within a 38 nautical mile radius of Mount Tamalpais (37-55.8[min] N.,
122-34.6[min] W.); and its navigable tributaries as far east as the port
of Stockton on the San Joaquin River, as far north as the port of
Sacramento on the Sacramento River.
[CGD 90-020, 59 FR 36324, July 15, 1994, as amended by CGD 95-033, 60 FR
28332, May 31, 1995]
Sec. 161.55 Vessel Traffic Service Puget Sound and the Cooperative
Vessel Traffic Service for the Juan de Fuca Region.
The Vessel Traffic Service Puget Sound area consists of the
navigable waters of the United States bounded by a line drawn from the
Washington State coastline at 48[deg]23[min]08[sec] N.,
124[deg]43[min]37[sec] W. on Cape Flattery to the Cape Flattery Light at
48[deg]23[min]30[sec] N., 124[deg]44[min]12[sec] W. on Tatoosh Island,
due west to the U.S. Territorial Sea Boundary; thence northward along
the U.S. Territorial Sea Boundary to its intersection with the U.S./
Canada International Boundary; thence east along the U.S./Canada
International Boundary through the waters known as the Strait of Juan de
Fuca, Haro Strait, Boundary Pass, and
[[Page 589]]
the Strait of Georgia to the Washington State coastline at
49[deg]00[min]06[sec] N., 122[deg]45[min]18[sec] W. (International
Boundary Range C Rear Light). This area includes: Puget Sound, Hood
Canal, Possession Sound, the San Juan Island Archipelago, Rosario
Strait, Guemes Channel, Bellingham Bay, the U.S. waters of the Strait of
Juan de Fuca and the Strait of Georgia, and all waters adjacent to the
above.
(a) Vessel Traffic Service Puget Sound participates in a U.S./
Canadian Cooperative Vessel Traffic Service (CVTS) to jointly manage
vessel traffic in the Juan de Fuca Region. The CVTS for the Juan de Fuca
Region consists of all waters of the Strait of Juan de Fuca and its
offshore approaches, southern Georgia Strait, the Gulf and San Juan
Archipelagos, Rosario Strait, Boundary Pass and Haro Strait, bounded on
the northwest by 48[deg]35[min]45[sec] N.; and on the southwest by
48[deg]23[min]30[sec] N.; and on the west by the rhumb line joining
48[deg]35[min]45[sec] N., 124[deg]47[min]30[sec] W. with
48[deg]23[min]30[sec] N., 124[deg]48[min]37[sec] W.; and on the
northeast in the Strait of Georgia, by a line drawn along 49[deg] N.
from Vancouver Island to Semiahmoo Bay; and on the southeast, by a line
drawn from McCurdy Point on the Quimper Peninsula to Point Partridge on
Whidbey Island. Canadian and United States Vessel Traffic Centers
(Tofino, B.C., Canada, Vancouver, BC, Canada and Seattle, WA) manage
traffic within the CVTS area irrespective of the International Boundary.
(b) VTS Special Areas. (1) The Rosario Strait VTS Special Area
consists of those waters bounded to the south by the center of
Precautionary Area ``RB'' (a circular area of 2,500 yards radius
centered at 48[deg]26[min]24[sec] N., 122[deg]45[min]12[sec] W.), and to
the north by the center of Precautionary Area ``C'' (a circular area of
2,500 yards radius centered at 48[deg]40[min]34[sec] N.,
122[deg]42[min]44[sec] W.; Lighted Buoy ``C''); and
Note: The center of precautionary area ``RB'' is not marked by a
buoy. All precautionary areas are depicted on National Oceanic and
Atmospheric Administration (NOAA) nautical charts.
(2) The Guemes Channel VTS Special Area consists of those waters
bounded to the west by Shannon Point on Fidalgo Island and to the east
by Southeast Point on Guemes Island.
(c) Additional VTS Special Area Operating Requirements. The
following additional requirements are applicable in the Rosario Strait
and Guemes Channel VTS Special Areas:
(1) A vessel engaged in towing shall not impede the passage of a
vessel of 40,000 dead weight tons or more.
(2) A vessel of less than 40,000 dead weight tons is exempt from the
provision set forth in Sec. 161.13(b)(1) of this part.
(3) A vessel of less than 100 meters in length is exempt from the
provisions set forth in Sec. 161.13(b)(3) of this part. Approval will
not be granted for:
(i) A vessel of 100 meters or more in length to meet or overtake; or
cross or operate within 2,000 yards (except when crossing astern) of a
vessel of 40,000 dead weight tons or more; or
(ii) A vessel of 40,000 dead weight tons or more to meet or
overtake; or cross or operate within 2,000 yards (except when crossing
astern) of a vessel of 100 meters or more in length.
(d) Reporting Point. Inbound vessels in the Strait of Juan de Fuca
upon crossing 124-W.
[CGD 90-020, 59 FR 36324, July 15, 1994, as amended by USCG-1998-3799,
63 FR 35531, June 30, 1998]
Sec. 161.60 Vessel Traffic Service Prince William Sound.
(a) The VTS area consists of the navigable waters of the United
States north of a line drawn from Cape Hinchinbrook Light to Schooner
Rock Light, comprising that portion of Prince William Sound between
146[deg]30[min] W. and 147[deg]20[min] W. and includes Valdez Arm,
Valdez Narrows and Port Valdez.
(b) The Valdez Arm VTS Special Area consists of the waters of the
Valdez Arm Traffic Separation Scheme (described in Sec. 167.1703 of
this chapter); the waters northeast of a line drawn from shoreline to
shoreline through the points 60[deg]58.04[min] N, 146[deg]46.52[min] W
and 60[deg]58.93[min] N, 146[deg]48.86[min] W; and southwest of a line
bearing 307[deg] True from Tongue Point at 61[deg]02.10[min] N,
146[deg]40.00[min] W.
(c) The Valdez Narrows VTS Special Area consists of those waters of
Valdez Arm, Valdez Narrows, and Port Valdez northeast of a line bearing
307[deg] True from Tongue Point at 61[deg]02[min]06[sec] 146[deg]40[min]
W.; and southwest of a line bearing 307[deg]
[[Page 590]]
True from Entrance Island Light at 61[deg]05[min]06[sec] N.,
146[deg]36[min]42[sec] W.
(d) Additional VTS Special Area Operating Requirements. The
following additional requirements are applicable in the Valdez Narrows
VTS Special Area:
(1) No VMRS User shall proceed north of 61[deg] N. without prior
approval of the VTS.
(2) For a vessel listed in paragraph (c)(3) of this section--
(i) Approval to enter this area will not be granted to a vessel when
a tank vessel of more than 20,000 deadweight tons is navigating therein;
(ii) A northbound vessel shall remain south of 61[deg] N. until the
VTS has granted permission to proceed; and
(iii) A southbound vessel shall remain in Port Valdez east of
146[deg]35[min] W. and north of 61[deg]06[min] N. until the VTS has
granted permission to proceed.
(3) Paragraph (c)(2) of this section applies to--
(i) A vessel of 1600 gross tons or more; and
(ii) A towing vessel of 8 meters or more in length, except for a
vessel performing duties as an escort vessel as defined in 33 CFR Part
168.
(e) Reporting Points.
Table 161.60(d)--VTS Prince William Sound Reporting Points
----------------------------------------------------------------------------------------------------------------
Designator Geographic name Geographic description Latitude/longitude Notes
----------------------------------------------------------------------------------------------------------------
1A............... Cape Hinchinbrook..... Cape Hinchinbrook..... 60[deg]16[min]18[Sec. Northbound Only.
N;
146[deg]45[min]30[se
c] W.
1B............... Schooner Rock......... Schooner Rock......... 60[deg]18[min]42[Sec. Southbound Only.
N;
146[deg]51[min]36[se
c] W.
2A............... Naked Island.......... Naked Island.......... 60[deg]40[min]00[Sec. Northbound Only.
N;
147[deg]01[min]24[se
c] W.
2B............... Naked Island.......... Naked Island.......... 60[deg]40[min]00[Sec. Southbound Only.
N;
147[deg]05[min]00[se
c] W.
3A............... Bligh Reef............ Bligh Reef Light 60[deg]50[min]36[Sec. Northbound Only.
(Pilot Embark). N;
146[deg]57[min]30[se
c] W.
3B............... Bligh Reef............ Bligh Reef Light 60[deg]51[min]00[Sec. Southbound Only.
(Pilot Disembark). N;
147[deg]01[min]24[se
c] W.
4A............... Rocky Point........... Rocky Point........... 60[deg]57[min]48[Sec. Northbound Only.
N;
146[deg]47[min]30[se
c] W.
4B............... Rocky Point........... Rocky Point........... 60[deg]57[min]48[Sec. Southbound Only.
N;
146[deg]50[min]00[se
c] W.
5................ Entrance Island....... Entrance Island Light. 61[deg]05[min]24[sec]
N;
146[deg]37[min]30[se
c] W..
----------------------------------------------------------------------------------------------------------------
[CGD 90-020, 59 FR 36324, July 15, 1994, as amended by CGD 95-033, 60 FR
28332, May 31, 1995; USCG-1998-3799, 63 FR 35532, June 30, 1998; USCG-
2001-10254, 67 FR 53742, Aug. 19, 2002]
PART 162_INLAND WATERWAYS NAVIGATION REGULATIONS--Table of Contents
Sec.
162.1 General.
162.15 Manhasset Bay, N.Y.; seaplane restricted area.
162.20 Flushing Bay near La Guardia Airport, Flushing, N.Y.; restricted
area.
162.30 Channel of Tuckerton Creek, N.J.; navigation.
162.35 Channel of Christina River, Del.; navigation.
162.40 Inland waterway from Delaware River to Chesapeake Bay, Del. and
Md. (Chesapeake and Delaware Canal).
162.65 All waterways tributary to the Atlantic Ocean south of Chesapeake
Bay and all waterways tributary to the Gulf of Mexico east and
south of St. Marks, Fla.
162.75 All waterways tributary to the Gulf of Mexico (except the
Mississippi River, its tributaries, South and Southwest Passes
and the Atchafalaya River) from St. Marks, Fla., to the Rio
Grande.
162.80 Mississippi River below mouth of Ohio River, including South and
Southwest Passes.
162.85 Yazoo Diversion Canal, Vicksburg, Miss., from its mouth at
Kleinston Landing to Fisher Street; navigation.
162.90 White River, Arkansas Post Canal, Arkansas River, and Verdigris
River between Mississippi River, Ark., and Catoosa, Okla.;
use, administration, and navigation.
162.100 Ohio River at Louisville, KY.
162.105 Missouri River; administration and navigation.
162.110 Duluth-Superior Harbor, Minnesota and Wisconsin.
162.115 Keweenaw Waterway, Mich.
162.117 St. Marys River, Sault Ste. Marie, Michigan.
162.120 Harbors on Lake Michigan.
162.125 Sturgeon Bay and the Sturgeon Bay Ship Canal, Wisc.
162.130 Connecting waters from Lake Huron to Lake Erie; general rules.
162.132 Connecting waters from Lake Huron to Lake Erie; communications
rules.
162.134 Connecting waters from Lake Huron to Lake Erie; traffic rules.
162.136 Connecting waters from Lake Huron to Lake Erie; anchorage
grounds.
162.138 Connecting waters from Lake Huron to Lake Erie; speed rules.
162.140 Connecting waters from Lake Huron to Lake Erie; miscellaneous
rules.
[[Page 591]]
162.145 Monroe Harbor, Mich.
162.150 Maumee Bay and River, Ohio.
162.155 Sandusky and Huron Harbors, Ohio.
162.160 Vermilion, Lorain, Cleveland, Fairport, Ashtabula, and Conneaut
Harbors, Ohio.
162.165 Buffalo and Rochester Harbors, New York.
162.175 Black Rock Canal and Lock at Buffalo, New York.
162.195 Santa Monica Bay, Calif.; restricted area.
162.200 Marina del Ray, Calif.; restricted area.
162.205 Suisun Bay, San Joaquin River Sacramento River, and connecting
waters, CA.
162.210 Lake Tahoe, Calif.; restricted areas along south shore.
162.215 Lake Tahoe, Nev.; restricted area adjacent to Nevada Beach.
162.220 Hoover Dam, Lake Mead, and Lake Mohave (Colorado River), Ariz.-
Nev.
162.225 Columbia and Willamette Rivers, Washington and Oregon;
administration and navigation.
162.230 Columbia River, Wash.
162.235 Puget Sound Area, Wash.
162.240 Tongass Narrows, Alaska; navigation.
162.245 Kenai River, Kenai, Alaska; use, administration, and navigation.
162.250 Port Alexander, Alaska; speed of vessels.
162.255 Wrangell Narrows, Alaska; use, administration, and navigation.
162.260 Channel leading to San Juan Harbor, P.R.; use, administration,
and navigation.
162.270 Restricted areas in vicinity of Maritime Administration Reserve
Fleets.
Authority: 33 U.S.C. 1231; Department of Homeland Security
Delegation No. 0170.
Source: CGD 75-082, 42 FR 51759, Sept. 29, 1977, unless otherwise
noted.
Sec. 162.1 General.
Geographic coordinates expressed in terms of latitude or longitude,
or both, are not intended for plotting on maps or charts whose
referenced horizontal datum is the North American Datum of 1983 (NAD
83), unless such geographic coordinates are expressly labeled NAD 83.
Geographic coordinates without the NAD 83 reference may be plotted on
maps or charts referenced to NAD 83 only after application of the
appropriate corrections that are published on the particular map or
chart being used.
[CGD 86-082, 52 FR 33811, Sept. 8, 1987]
Sec. 162.15 Manhasset Bay, N.Y.; seaplane restricted area.
(a) The restricted area. An area in Manhasset Bay between the shore
at Manorhaven on the north and the southerly limit line of the special
anchorage area in Manhasset Bay, west area at Manorhaven (described in
Sec. 202.60 of this chapter), on the south; its axis being a line
bearing 166[deg]50[min] true from latitude 40[deg]50[min]17.337[sec],
longitude 73[deg]43[min]03.877[sec], which point is on the south side of
Orchard Beach Boulevard at Manorhaven; and being 100 feet wide for a
distance of 380 feet in a southerly direction from the south side of
Orchard Beach Boulevard, and thence flaring to a width of 300 feet at
the southerly limit line.
(b) The regulations. (1) Vessels shall not anchor or moor within the
restricted area.
(2) All vessels traversing the area shall pass directly through
without unnecessary delay, and shall give seaplanes the right-of-way at
all times.
Sec. 162.20 Flushing Bay near La Guardia Airport, Flushing, N.Y.;
restricted area.
(a) The area. An area in the main channel in Flushing Bay extending
for a distance of 300 feet on either side of the extended center line of
Runway No. 13-31 at La Guardia Airport.
(b) The regulations. (1) All vessels traversing in the area shall
pass directly through without unnecessary delay.
(2) No vessels having a height of more than 35 feet with reference
to the plane of mean high water shall enter or pass through the area
whenever visibility is less than one mile.
Sec. 162.30 Channel of Tuckerton Creek, N.J.; navigation.
(a) Power boats or other vessels propelled by machinery shall not
proceed at any time within the limits of these waters at a greater speed
than 8 statute miles per hour.
Sec. 162.35 Channel of Christina River, Del.; navigation.
(a) That vessels of over 20 tons capacity, propelled by machinery,
shall not proceed at any time within the limits of these waters at a
greater speed than 8 statute miles per hour.
[[Page 592]]
Sec. 162.40 Inland waterway from Delaware River to Chesapeake Bay, Del.
and Md. (Chesapeake and Delaware Canal).
(a) Applicability. The regulations in this section are applicable to
that part of the inland waterway from Delaware River to Chesapeake Bay,
Del. and Md., between Reedy Point, Delaware River, and Old Town Point
Wharf, Elk River.
(b) Speed. No vessel in the waterway shall be raced or crowded
alongside another vessel. Vessels of all types, including pleasure
craft, are required to travel at all times at a safe speed throughout
the canal and its approaches so as to avoid damage by suction or wave
wash to wharves, landings, riprap protection, or other boats, or injury
to persons. Pilots and vessel operators transiting the canal and its
approaches are warned that violation of this rule may result in having
their privilege to transit the canal suspended. Passages of vessels
through the canal will be monitored and specific cases will be
investigated where damage by suction or wave wash does occur. Owners and
operators of yachts, motorboats, rowboats and other craft are cautioned
that large deep draft ocean-going vessels and other large commercial
vessels ply the canal, and such owners and operators should be
particularly careful to moor or anchor well away from the main ship
channels, with moorings and lines which are sufficient and proper.
(c) Right-of-way. All vessels proceeding with the current shall have
the right-of-way over those proceeding against the current. Large
vessels or tows must not overtake and attempt to pass other large
vessels or tows in the waterway. All small pleasure craft shall
relinquish the right-of-way to deeper draft vessels, which have a
limited maneuvering ability due to their draft and size.
(d) Stopping in waterway. Vessels will not be permitted to stop or
anchor in the ship channel.
(e) Water skiing. Water skiing in the waterway is prohibited between
Reedy Point and Welch Point.
(f) Sailboats. Transiting the canal by vessels under sail is not
permitted between Reedy Point and Welch Point.
Note: The Corps of Engineers also has regulations dealing with this
section in 33 CFR Part 207.
Sec. 162.65 All waterways tributary to the Atlantic Ocean south of
Chesapeake Bay and all waterways tributary to the Gulf of Mexico east
and south of St.
Marks, Fla.
(a) Description. This section applies to the following:
(1) Waterways. All navigable waters of the United States, natural or
artificial, including bays, lakes, sounds, rivers, creeks, intracoastal
waterways, as well as canals and channels of all types, which are
tributary to or connected by other waterways with the Atlantic Ocean
south of Chesapeake Bay or with the Gulf of Mexico east and south of St.
Marks, Florida.
(2) United States property. All river and harbor lands owned by the
United States in or along the waterways described in paragraph (a)(1) of
this paragraph, including lock sites and all structures thereon, other
sites for Government structures and for the accommodation and use of
employees of the United States, and rights of way and spoil disposal
areas to the extent of Federal interest therein.
(3) Vessels and rafts. The term ``vessel'' as used in this section
includes all floating things moved over these waterways other than
rafts.
(b) Waterways--(1) Fairway. A clear channel shall at all times be
left open to permit free and unobstructed navigation by all types of
vessels and rafts that normally use the various waterways or sections
thereof. The District Commander may specify the width of the fairway
required in the various waterways under his charge.
(2) Stoppage in waterway, anchorage or mooring. (i) No vessels or
rafts shall anchor or moor in any of the land cuts or other narrow parts
of the waterway, except in case of an emergency. Whenever it becomes
necessary for a vessel or raft to stop in any such portions of the
waterway it shall be securely fastened to one bank and as close to the
bank as possible. This shall be done only at such a place and under such
conditions as will not obstruct or prevent the passage of other vessels
or craft. Stoppages shall be only for such periods as may be necessary.
[[Page 593]]
(ii) No vessel or raft will be allowed to use any portion of the
fairway as a mooring place except temporarily as authorized above
without the written permission from the District Commander.
(iii) When tied up, all vessels must be moored by bow and stern
lines. Rafts and tows shall be secured at sufficiently close intervals
to insure their not being drawn away from the bank by winds, currents or
the suction of passing vessels. Tow lines shall be shortened so that the
different parts of the tow shall be as close together as possible. In
narrow sections, no vessel or raft shall be tied abreast of another.
(iv) Lights shall be displayed in accordance with provisions of the
Navigation Rules, International-Inland, Commandant Instruction M16672.2
(series).
(v) No vessel, even if fastened to the bank as prescribed in
paragraph (b)(2)(i) of this section, shall be left without a sufficient
crew to care for it properly.
(vi) Vessels will not be permitted to load or unload in any of the
land cuts except as a regular established landing or wharf without
written permission secured in advance from the District Commander.
(vii) No vessel, regardless of size, shall anchor in a dredged
channel or narrow portion of a waterway for the purpose of fishing, if
navigation is obstructed, thereby.
(viii) Except in cases of emergency the dropping of anchors,
weights, or other ground tackle, within areas occupied by submarine
cable or pipe crossings, is prohibited. Such crossings will ordinarily
be marked by signboards on each bank of the shore or indicated on coast
charts.
(3) Speed. (i) Vessels shall proceed at a speed which will not
endanger other vessels or structures and will not interfere with any
work in progress incident to maintaining, improving, surveying or
marking the channel.
(ii) Official signs indicating limiting speeds through critical
portions of the waterways shall be strictly obeyed.
(iii) Vessels approaching and passing through a bridge shall so
govern their speed as to insure passage through the bridge without
damage to the bridge or its fenders.
(4) Assembly and handling of tows. (i) All vessels drawing tows and
equipped with rudders shall use two tow lines or a bridle and shorten
them to the greatest possible extent so as to have full control at all
times. The various parts of a tow shall be securely assembled with the
individual units connected by lines as short as practicable. If
necessary, as in the case of lengthy or cumbersome tows or tows in
restricted channels, the District Commander may require that tows be
broken up and may require the installation of a rudder, drag or other
approved steering device on the tow in order to avoid obstructing
navigation or damaging the property of others, including aids to
navigation maintained by the United States or under its authorization,
by collision or otherwise.
(ii) No tow shall be drawn by a vessel that has insufficient power
or crew to permit ready maneuverability and safe handling.
(iii) Tows desiring to pass a bridge shall approach the opening
along the axis of the channel so as to pass through without danger of
striking the bridge or its fenders. No vessel or tow shall navigate
through a drawbridge until the movable span is fully opened.
(iv) In the event that it is evident to the master of a towing
vessel that a tow cannot be safely handled through a bridge, it will be
brought to anchor and the towed vessels will be taken through the bridge
in small units, or singly if necessary, or the tow will wait until
navigation conditions have improved to such an extent that the tow can
pass through the bridge without damage.
(5) Projections from vessels. No vessel carrying a deck load which
overhangs or projects over the side of said vessel, or whose rigging
projects over the side of the vessel so as to endanger passing vessels,
wharves or other property, will enter or pass through any of the narrow
parts of the waterway.
(6) Meeting and passing. Vessels, on meeting or overtaking, shall
give the proper signals and pass in accordance with the Navigation
Rules, International-Inland, Commandant Instruction M16672.2 (series).
Rafts shall give to vessels the side demanded by proper signal. All
vessels approaching dredges
[[Page 594]]
or other plant engaged on improvements to a waterway, shall give the
signal for passing and slow down sufficiently to stop if so ordered or
if no answering signal is received. On receiving the answering signal,
they shall then proceed to pass at a speed sufficiently slow to insure
safe navigation.
Note: The Corps of Engineers also has regulations dealing with this
section in 33 CFR Part 207.
[CGD 75-082, 42 FR 51759, Sept. 29, 1977, as amended by CGD 93-072, 59
FR 39963, Aug. 5, 1994; USCG-2000-7223, 65 FR 40058, June 29, 2000]
Sec. 162.75 All waterways tributary to the Gulf of Mexico (except
the Mississippi River, its tributaries, South and Southwest Passes
and Atchafalaya River)
from St. Marks, Fla., to the Rio Grande.
(a) The regulations in this section shall apply to:
(1) Waterways. All navigable waters of the U.S. tributary to or
connected by other waterways with the Gulf of Mexico between St. Marks,
Fla., and the Rio Grande, Tex. (both inclusive), and the Gulf
Intracoastal Waterway; except the Mississippi River, its tributaries,
South and Southwest Passes, and the Atchafalaya River above its junction
with the Morgan City-Port Allen Route.
(2) Bridges, wharves, and other structures. All bridges, wharves,
and other structures in or over these waterways.
(3) Vessels. The term ``vessels'' as used in this section includes
all floating craft other than rafts.
(b) Waterways:
(1) A clear channel shall at all times be left open to permit free
and unobstructed navigation by all types of vessels and tows normally
using the various waterways covered by the regulations of this section
(2) Fairway: The District Commander may specify the width of the
fairway required in the various waterways under his charge.
(3) Anchoring or mooring:
(i) Vessels or tows shall not anchor or moor in any of the land cuts
or other narrow parts of the waterway, except in an emergency, or with
permission of the District Commander. Whenever it becomes necessary for
a vessel or tow to stop in any such protions of the waterway, it shall
be securely fastened to one bank and as close to the bank as possible.
This shall be done only at such a place and under such conditions as
will not obstruct or prevent the passage of other vessels or tows.
Stoppages shall be only for such periods as may be necessary.
(ii) When tied up individually, all vessels and tows shall be moored
by bow and stern lines. Tows shall be secured at sufficiently frequent
intervals to insure their not being drawn away form the bank by winds,
currents, or the suction of passing vessels. Lines shall be shortened so
that the various barges in a tow will be as close together as possible.
(iii) Lights shall be displayed in accordance with provisions of the
Navigation Rules, International-Inland, Commandant Instruction M16672.2
(series).
(iv) Whenever any vessel or tow is moored to the bank (paragraph
(b)(3)(i) of this section) at least one crew member shall always remain
on board to see that proper signals are displayed and that the vessel or
tow is properly moored at all times.
(v) No vessel, regardless of size, shall anchor in a dredged channel
or narrow portion of a waterway for the purpose of fishing if navigation
is obstructed thereby.
(4) Speed: Speeding in narrow sections is prohibited. Official signs
indicating limited speeds shall be obeyed. Vessels shall reduce speed
sufficiently to prevent damage when passing over vessels or structures
in or along the waterway.
(5) Size, assembly, and handling of tows:
(i) On waterways 150 feet wide or less, tows which are longer than
1,180 feet, including the towing vessel, but excluding the length of the
hawser, or wider than one-half of the bottom width of the channel or 55
feet, whichever is less will not be allowed, except when the District
Commander has given special permission or the waterway has been exempted
from these restrictions by the District Commander. Before entering any
narrow section of the Gulf Intracoastal Waterway, tows in excess of one-
half the channel width, or 55 feet, will be required to stand by until
tows which are less than one-half
[[Page 595]]
the channel width or 55 feet wide have cleared the channel. When passing
is necessary in narrow channels, overwidth tows shall yield to the
maximum. Separate permission must be received from the District
Commander for each overlength or overwidth movement. In addition, the
following exceptions are allowed:
(ii) Gulf Intracoastal Waterway--Between mile 6.2 EHL (Inner Harbor
Navigation Canal Lock) and mile 33.6 EHL tows of 78 feet in width will
be allowed.
(iii) Gulf Intercoastal Waterway--Between mile 33.6 EHL and the
Mobile Bay Ship Channel, tows of 108 feet in width will be allowed if
under 750 feet in length including the towboat but excluding the length
of the hawser.
(iv) Gulf Intracoastal Waterway--Mobile Bay Ship Channel to St.
Marks, Fla., for tows made up of empty barges on the off or shallow
side, a width of 75 feet will be allowed.
(v) All vessels pulling tows not equipped with rudders in restricted
channels and land cuts shall use two towlines, or a bridle on one
towline, shortened as much as safety of the towing vessel permits, so as
to have maximum control at all times. The various parts of a tow shall
be securely assembled with the individual units connected by lines as
short as practicable. In open water, the towlines and fastenings between
barges may be lengthened so as to accommodate the wave surge. In the
case of lengthy or cumbersome tows, or tows in restricted channels, the
District Commander may require that tows be broken up, and may require
the installation of a rudder or other approved steering device on the
tow in order to avoid obstructing navigation or damaging the property of
others. Pushing barges with towing vessel astern, towing barges with
towing vessel alongside, or pushing and pulling barges with units of the
tow made up both ahead and astern of the towing vessel are permissible
provided that adequate power is employed to keep the tows under full
control at all times. No tow shall be drawn by a vessel that has
insufficient power or crew to permit ready maneuverability and safe
handling.
(vi) All tows navigating the Pass Manchac bridges in Louisiana are
limited to no more than two barges, not to exceed a combined tow length
of 400 feet (excluding the towboat). Vessel operators for tows exceeding
these limits must request and receive permission from the COTP New
Orleans prior to navigating the bridges. Requests should be made by
telephoning the COTP at 504-589-7101. Any decision made by the COTP is
final agency action.
(6) Projections from vessels: Vessels or tows carrying a deck load
which overhangs or projects over the side, or whose rigging projects
over the side, so as to endanger passing vessels, wharves, or other
property, shall not enter or pass through any of the narrow parts of the
waterway without prior approval of the District Commander.
(7) Meeting and passing: Passing vessels shall give the proper
signals and pass in accordance with the International Rules, the
Navigation Rules, International-Inland, Commandant Instruction M16672.2
(Series), where applicable. At certain intersections where strong
currents, may be encountered, sailing directions may be issued through
navigation bulletins or signs posted on each side of the intersections.
Note: The Corps of Engineers also has regulations dealing with this
section in 33 CFR 207.
[CGD 75-082, 42 FR 51759, Sept. 29, 1977, as amended by CGD 78-050, 45
FR 43167, June 26, 1980; USCG-2000-7223, 65 FR 40058, June 29, 2000]
Sec. 162.80 Mississippi River below mouth of Ohio River, including
South and Southwest passes.
(a) Mooring on the Mississippi River between miles 311.5 AHP and
340.0 AHP. (1) No vessel or craft shall moor along either bank of the
Mississippi River between miles 311.5 AHP and mile 340.0 AHP except in
case of an emergency, pursuant to an approved navigation permit, or as
authorized by the District Commander. Vessels may be moored any place
outside the navigation channel in this reach in case of an emergency and
then for only the minimum time required to terminate the emergency. When
so moored, all vessels shall be securely tied with bow and stern lines
of sufficient strength and
[[Page 596]]
fastenings to withstand currents, winds, wave action, suction from
passing vessels or any other forces which might cause the vessels to
break their moorings. When vessels are so moored, a guard shall be on
board at all times to ensure that proper signals are displayed and that
the vessels are securely and adequately moored.
(2) Vessels may be moored any time at facilities constructed in
accordance with an approved navigation permit or as authorized by the
District Commander. When so moored, each vessel shall have sufficient
fastenings to prevent the vessels from breaking loose by wind, current,
wave action, suction from passing vessels or any other forces which
might cause the vessel to break its mooring. The number of vessels in
one fleet and the width of the fleet of vessels tied abreast shall not
extend into the fairway or be greater than allowed under the permit.
(3) Mariners should report immediately by radio or fastest available
means to the lockmaster at Old River Lock or to any government patrol or
survey boat in the vicinity any emergency mooring or vessels drifting
uncontrolled within the area described in paragraph (a)(1) of this
section. It is the responsibility and duty of the master of a towing
vessel releasing or mooring a vessel in this reach of the Mississippi
River to report such action immediately.
(b) Mooring on Mississippi River below Baton Rouge, La., including
South and Southwest Passes. (1) When tied up individually or in fleets,
vessels shall be moored with sufficient lines and shore fastenings to
insure their remaining in place and withstanding the action of winds,
currents and the suction of passing vessels.
Note: The Corps of Engineers also has regulations dealing with this
section in 33 CFR Part 207.
(Sec. 7, 38 Stat. 1053, as amended, (33 U.S.C. 471); Sec. 6(g)(1)(A) 80
Stat 937, (49 U.S.C. 1655(g)(1)(A); Sec. 12, 92 Stat. 1471, (33 U.S.C.
1231); 49 CFR 1.46 (c)(1) and (n)(4))
[CGD 75-082, 42 FR 51759, Sept. 29, 1977, as amended by CGD 77-028, 46
FR 49851, Oct. 8, 1981; CGD8 87-09, 53 FR 15555, May 2, 1988]
Sec. 162.85 Yazoo Diversion Canal, Vicksburg, Miss., from its mouth
at Kleinston Landing to Fisher Street; navigation.
(a) Speed. Excessive speeding is prohibited. A vessel shall reduce
its speed sufficiently to prevent any damage when approaching another
vessel in motion or tied up, a wharf or other structure, works under
construction, plant engaged in river and harbor improvement, levees,
floodwalls withstanding floodwaters, buildings submerged or partially
submerged by high waters, or any other structure or improvement likely
to be damaged by collision, suction, or wave action.
Note: The Corps of Engineers also has regulations dealing with this
section in 33 CFR Part 207.
Sec. 162.90 White River, Arkansas Post Canal, Arkansas River, and
Verdigris River between Mississippi River, Ark., and Catoosa, Okla.;
use, administration,
and navigation.
(a) The regulations in this section shall apply to:
(1) Waterways. White River between Mississippi River and Arkansas
Post Canal, Ark.; Arkansas Post Canal, Ark.; Arkansas River between
Arkansas Post Canal, Ark., and Verdigris River, Okla.; Verdigris River
between Arkansas River and Catoosa, Okla.; and reservoirs on these
waterways between Mississippi River Ark., and Catoosa, Okla.
(2) Bridges, wharves and other structures. All bridges, wharves, and
other structures in or over the waterways described in paragraph (a)(1)
of this section.
(3) Vessels and rafts. The term ``vessels'' as used in this section
includes every description of watercraft used, or capable of being used,
as a means of transportation on water, other than rafts.
(b) Waterways:
(1) Fairway. A clear channel shall at all times be left open to
permit free and unobstructed navigation by all types of vessels and
rafts that normally use the various waterways or sections thereof. The
District Commander may specify the width of the fairway required in the
waterways under his charge.
[[Page 597]]
(2) Anchoring or mooring in waterway. (i) No vessels or rafts shall
anchor or moor in any of the land cuts or other narrow parts of the
waterway, except in an emergency. Whenever it becomes necessary for a
vessel or raft to stop in any such portions of the waterway, it shall be
securely fastened to one bank and as close to the bank as possible. This
shall be done only at such a place and under such conditions as will not
obstruct or prevent the passage of other vessels or rafts. Stoppages
shall be only for such periods as may be necessary.
(ii) Except temporarily, as authorized in paragraph (b)(2)(i) of
this section, no vessel or raft will be allowed to use any portion of
the fairway as a mooring place without written permission from the
District Commander.
(iii) When tied up individually, all vessels shall be moored by bow
and stern lines. Rafts and tows shall be secured at sufficiently close
intervals to insure their not being drawn away from the bank by winds,
currents, or the suction of passing vessels. Towlines shall be shortened
so that the different parts of the tow will be as close together as
possible. In narrow sections, no vessel or raft shall be tied abreast of
another if the combined width of vessels or rafts is greater than 70
feet.
(iv) When a vessel is moored under an emergency condition, as
provided in paragraph (b)(2)(i) of this section, at least one crew
member shall remain in attendance to display proper lights and signals
and tend the mooring lines. The crew member shall be provided with an
adequate means of communication or signalling a warning in the event
that, for any reason, the vessel or tow should go adrift. Immediately
after completion of the emergency mooring, the lockmaster of the first
lock downstream shall be notified of the character and cargo of the
vessel and the location of such mooring.
(v) Vessels will not be permitted to load or unload in any of the
land cuts, except at a regular established landing or wharf, without
written permission secured in advance from the District Commander.
(vi) Except in an emergency, no vessel or raft shall anchor over
revetted banks of the waterway, nor shall any type vessel except
launches and other small craft land against banks protected by revetment
except at regular commercial landings.
(3) Speed. (i) Excessive speed in narrow sections is prohibited.
Official signs indicating limiting speeds through critical sections
shall be strictly obeyed.
(ii) When approaching and passing through a bridge, all vessels and
rafts, regardless of size, shall control their speed so as to insure
that no damage will be done to the bridge or its fenders.
(iii) Within the last mile of approach to unattended, normally open
automatic, movable span bridges, the factor of river flow velocity, of
vessel (and tow) velocity, and of vessel power and crew capability are
never to be permitted to result in a condition whereby the movement of
vessel (and tow) cannot be completely halted or reversed within a 3-
minute period.
(iv) A vessel shall reduce its speed sufficiently to prevent any
damage when approaching another vessel in motion or tied up, a wharf or
other structure, works under construction, plant engaged in river and
harbor improvement, levees withstanding floodwaters, buildings submerged
or partially submerged by high waters, or any other manner of structure
or improvements likely to be damaged by collision, suction, or wave
action.
(4) Assembly and handling of tows. (i) All vessels drawing tows not
equipped with rudders in restricted channels and land cuts shall use two
towlines, or a bridlse on one towline, shortened to the greatest
possible extent so as to have maximum control at all times. The various
parts of a tow shall be securely assembled with the individual units
connected by lines as short as practicable. In open water, the towlines
and fastenings between barges may be lengthened so as to accommodate the
wave surge. In the case of length or cumbersome tows, or tows in
restricted channels, the District Commander may require that tows be
broken up, and may require the installation of a rudder or other
approved steering device on the tow in order to avoid obstructing
navigation or damaging the property of others. Pushing
[[Page 598]]
barges with towing vessel astern, towing barges with towing vessel
alongside, or pushing and pulling barges with units of the tow made up
both ahead and astern of the towing vessel is permissible provided that
adequate power is employed to keep the tow under full control at all
times.
(ii) No tow shall be drawn by a vessel that has insufficient power
or crew to permit ready maneuverability and safe handling.
(iii) No vessel or tow shall navigate through a drawbridge until the
movable span is fully opened.
(5) Projections from vessels. No vessels carrying a deck load which
overhangs or projects over the side, or whose rigging projects over the
side, so as to endanger passing vessels, wharves, or other property,
shall enter or pass through any of the narrow parts of the waterway.
(6) Meeting and passing. Vessels on meeting or overtaking shall give
the proper signals and pass in accordance with the Inland Rules and the
Pilot Rules for Inland Waters. Rafts shall give to vessels the side
demanded by proper signal. All vessels approaching dredges or other
plant engaged on improvements to a waterway shall give the signal for
passing and slow down sufficiently to stop if so ordered or if no
answering signal is received. On receiving the answering signal, they
shall then pass at a speed sufficiently slow to insure safe navigation.
Vessels approaching an intersection or bend where the view is obstructed
must exercise due caution. At certain intersections where strong
currents may be encountered, sailing directions may be issued from time
to time through navigation bulletins or signs posted on each side of the
intersections which must be observed.
Note: The Corps of Engineers also has regulations dealing with this
section in 33 CFR Part 207.
Sec. 162.100 Ohio River at Louisville, KY.
(a) Emergency Mooring Buoys. The U.S. Army Corp of Engineers has
established four pairs of emergency mooring bouys. Each buoy is 10 feet
in diameter with retro-reflective sides. The two buoys which comprise
each pair are 585 feet apart and are located approximately at:
(1) Indiana Bank--Mile 582.3 (near 18 Mile Island);
(2) Six Mile Island--Mile 597.5;
(3) Six Mile Island--Mile 598.2; and
(4) Kentucky Bank--Mile 599.8 (Cox's Park).
Note: All buoys, except those at Six Mile Island--Mile 598.2, are
removed between May 1 and September 30. Due to the close proximity of
the municipal water intakes, mooring of tank vessels laden with
petroleum products or hazardous materials is not authorized on the
Kentucky Bank, Mile 599.8 (Cox's Park).
(b) The regulations. A vessel must not use the emergency mooring
buoys that have been established by the U.S. Army Corps of Engineers,
unless specifically authorized. The Captain of the Port, upon request,
may authorize the use of the emergency mooring buoys by downbound towing
vessels that are awaiting Vessel Traffic Center approval to proceed.
[CGD 90-020, 59 FR 36333, July 15, 1994]
Sec. 162.105 Missouri River; administration and navigation.
(a) Supervision. The District Commander, Eighth Coast Guard
District, has certain administrative supervision overreaches of the
river within the limits of his district and is charged with the
enforcement under his direction of emergency regulations to govern
navigation on the river.
(b) Navigation. During critical flood stages on any particular
limited reach of the Missouri River when lives, floating plant, or major
shore installations and levees are endangered, the District Commander in
charge of the locality shall have the authority to declare the reach of
the river closed to navigation or to prescribe temporary speed
regulations whenever it appears to him that such action is necessary to
prevent immediate human suffering or to mitigate major property damage
or destruction from wave action. The period of closure and all speed
regulations prescribed by the District Commander shall be for the
duration of the emergency as determined by the District Commander and
shall be terminated at
[[Page 599]]
the earliest practicable time that improved river conditions permit.
[CGD 75-082, 42 FR 51759, Sept. 29, 1977, as amended by USCG-1998-3799,
63 FR 35532, June 30, 1998]
Sec. 162.110 Duluth-Superior Harbor, Minnesota and Wisconsin.
(a) No vessel greater than 100 feet in length may exceed 8 miles per
hour in Duluth-Superior Harbor.
(b) In the Duluth Ship Canal:
(1) No vessel may meet or overtake another vessel if each vessel is
greater than 150 feet in length (including tug and tow combinations).
(2) An inbound vessel has the right of way over an outbound vessel.
[CGD 79-151, 46 FR 7960, Jan. 26, 1981]
Sec. 162.115 Keweenaw Waterway, Mich.
No vessel greater than 40 feet in length may exceed 8 miles per hour
between Lily Pond and Pilgrim Point.
[CGD 79-151, 46 FR 7960, Jan. 26, 1981, as amended by CGD 09-00-010, 65
FR 53595, Sept. 5, 2000]
Sec. 162.117 St. Marys River, Sault Ste. Marie, Michigan.
(a) The area. The waters of the St. Marys River and lower Whitefish
Bay from 45[deg]57[min] N. (De Tour Reef Light) to the south, to
46[deg]38.7[min] N. (Ile Parisienne Light) to the north, except the
waters of the St. Marys Falls Canal, and to the east along a line from
La Pointe to Sims Point, within Potagannissing Bay and Worsley Bay.
(b) Definitions. As used in this section:
Two-way route means a directional route within defined limits inside
which two-way traffic is established, and which is intended to improve
safety in waters where navigation is difficult.
Two-way traffic means that traffic flow is permitted in opposing
directions, but a vessel may not meet, cross, nor overtake any other
vessel in such a manner that it would be abreast of more than one other
vessel within the defined limits of a waterway.
(c) Anchoring Rules.
(1) A vessel must not anchor:
(i) within the waters between Brush Point and the waterworks intake
crib off Big Point southward of the Point Aux Pins range; or
(ii) within 0.2 nautical miles of the intake crib off Big Point.
(2) In an emergency, vessels may anchor in a dredged channel.
Vessels shall anchor as near to the edge of the channel as possible and
shall get underway as soon as the emergency ceases, unless otherwise
directed. Vessel Traffic Services St. Marys River must be advised of any
emergency anchoring as soon as is practicable.
(3) Vessels collected in any part of the VTS Area by reason of
temporary closure of a channel or an impediment to navigation shall get
underway and depart in the order in which they arrived, unless otherwise
directed by Vessel Traffic Service St. Marys River. Vessel Traffic
Service St. Marys River may advance any vessel in the order of departure
to expedite the movement of mails, passengers, cargo of a perishable
nature, to facilitate passage of vessels through any channel by reason
of special circumstance, or to facilitate passage through the St. Marys
Falls Canal.
(d) Traffic Rules. (1) A vessel must proceed only in the established
direction of traffic flow in the following waters:
(i) West Neebish Channel from Buoy ``53'' to Buoy ``1''--downbound
traffic only;
(ii) Pipe Island Course from Sweets Point to Watson Reefs Light-
downbound traffic only.
(iii) Middle Neebish Channel from Buoy ``2'' to Buoy ``76''--upbound
traffic only; and
(iv) Pipe Island Passage to the east of Pipe Island Shoal and north
of Pipe Island Twins from Watson Reefs Light to Sweets Point--upbound
traffic only.
(2) A vessel 350 feet or more in length must not overtake or
approach within .2 nautical miles of another vessel proceeding in the
same direction in the following waterways:
(i) West Neebish Channel between Nine Mile Point and Munuscong Lake
Junction Lighted Bell Buoy;
(ii) Middle Neebish Channel between Munuscong Lake Junction Lighted
Bell Buoy and Nine Mile Point; and
(iii) Little Rapids Cut from Six Mile Point to Buoy ``102''.
[[Page 600]]
(3) When two-way traffic is authorized in Middle Neebish Channel, a
vessel 350 feet or more in length must not meet, cross, or overtake
another vessel at:
(i) Johnson Point from Buoy ``18'' to Buoy ``22'';
(ii) Mirre Point from Buoy ``26'' to Buoy ``28''; or
(iii) Stribling Point from Buoy ``39'' to Buoy ``43''.
(4) Paragraph (d)(2) of this section does not apply to a vessel
navigating through an ice field.
(e) Winter Navigation. During the winter navigation season, the
following waterways are normally closed:
(1) West Neebish Channel, from Buoy ``53'' to Buoy ``1'';
(2) Pipe Island Passage to the east of Pipe Island Shoal; and
(3) North of Pipe Island Twins, from Watson Reef Light to Sweets
Point.
(f) Alternate Winter Navigation Routes. (1) When West Neebish
Channel is closed, Middle Neebish Channel (from Buoy ``2'' to Buoy
``76'') will be open either as a two-way route or an alternating one way
traffic lane.
(i) When Middle Neebish Channel is a two-way route:
(A) An upbound vessel must use the easterly 197 feet of the channel.
However, a vessel of draft 20 feet or more must not proceed prior to
Vessel Traffic Center approval; and
(B) A downbound vessel must use the westerly 295 feet of the
channel.
(ii) When Middle Neebish Channel is an alternating one-way traffic
lane. A vessel must use the westerly 295 feet of the channel in the
established direction of traffic flow.
(2) When Pipe Island Passage is closed, Pipe Island Course is a two-
way route.
Note: The Vessel Traffic Service closes or opens these channels as
ice conditions require after giving due consideration to the protection
of the marine environment, waterway improvements, aids to navigation,
the need for cross channel traffic (e.g., ferries), the availability of
icebreakers, and the safety of the island residents who, in the course
of their daily business, must use naturally formed ice bridges for
transportation to and from the mainland. Under normal seasonal
conditions, only one closing each winter and one opening each spring are
anticipated. Prior to closing or opening these channels, interested
parties including both shipping entities and island residents, will be
given at least 72 hours notice by the Coast Guard.
(g) Speed Rules. (1) The following speed limits indicate speed over
the ground. Vessels must adhere to the following speed limits:
Table 162.117(g)--St. Marys River Speed Rules
------------------------------------------------------------------------
Maximum speed limit between Mph Kts
------------------------------------------------------------------------
De Tour Reef Light and Sweets Point Light............. 14 12.2
Round Island Light and Point Aux Frenes Light ``21''.. 14 12.2
Munuscong Lake Lighted Buoy ``8'' and Everens Point... 12 10.4
Everens Point and Reed Point.......................... 9 7.8
Reed Point and Lake Nicolet Lighted Buoy ``62''....... 10 8.7
Lake Nicolet Lighted Buoy ``62'' and Lake Nicolet 12 10.4
Light ``80''.........................................
Lake Nicolet Light ``80'' and Winter Point (West 10 8.7
Neebish Channel).....................................
Lake Nicolet Light ``80'' and Six Mile Point Range 10 8.7
Rear Light...........................................
Six Mile Point Range Rear Light and lower limit of the
St. Marys Falls Canal
Upbound........................................... 8 7.0
Downbound......................................... 10 8.7
Upper limit of the St. Marys Falls Canal and Point Aux 12 10.4
Pins Main Light......................................
------------------------------------------------------------------------
Note: A vessel must not navigate any dredged channel at a speed of less
than 5 statute miles per hour (4.3 knots).
(2) Temporary speed limit regulations may be established by
Commanding Officer Vessel Traffic Service St. Marys River. Notice of the
temporary speed limits and their effective dates and termination are
published in the Federal Register and Local Notice to Mariners. These
temporary speed limits, if imposed, will normally be placed in effect
and terminated during the winter navigation season.
(h) Towing Requirement. A towing vessel must: (1) Maintain positive
control of its tow south of Gros Cap Reef Light;
(2) Not impede the passage of any other vessel;
(3) Not tow a vessel of 200 feet or less in length with a tow line
longer than 250 feet; and
(4) Not tow a vessel of 200 feet or more in length with a tow line
longer than the length of the towed vessel plus 50 feet.
[CGD 90-020, 59 FR 36333, July 15, 1994, as amended by CGD 95-033, 60 FR
28333, May 31, 1995; USCG-1998-3799, 63 FR 35532, June 30, 1998; USCG-
2003-15404, 68 FR 37741, June 25, 2003]
[[Page 601]]
Sec. 162.120 Harbors on Lake Michigan.
(a) No vessel greater than 40 feet in length may exceed 8 miles per
hour in the harbors of Michigan City, Indiana; St. Joseph, South Haven,
Saugatuck, Holland (Lake Macatawa), Grand Haven, Muskegon, White Lake,
Pentwater, Ludington, Manistee, Portage Lake (Manistee County),
Frankfort, Charlevois, and Petroskey, Michigan.
(b) No vessel greater than 40 feet in length may exceed 4 miles per
hour in the harbors of Menominee, Michigan and Wisconsin; Algoma,
Kewaunee, Two Rivers, Manitowac, Sheboygan, Port Washington, Milwaukee,
Racine, Kenosha and Green Bay, Wisconsin; and Waukegan, Illinois.
[CGD 79-151, 46 FR 7960, Jan. 26, 1981]
Sec. 162.125 Sturgeon Bay and the Sturgeon Bay Ship Canal, Wisc.
(a) In the Sturgeon Bay Ship Canal:
(1) No vessel may exceed 5 miles per hour.
(2) No vessel greater than 150 feet in length (including tug and tow
combinations) may come about.
(3) No vessel 65 feet or greater in length (including tug and tow
combinations) may either:
(i) Enter or pass through the canal two or more abreast; or
(ii) Overtake another vessel.
(4) No vessel may anchor or moor unless given permission to do so by
the Captain of the Port.
(5) Each vessel must keep to the center, except when meeting or
overtaking another vessel.
(b) In Sturgeon Bay and the Sturgeon Bay Ship Canal:
(1) Each laden vessel under tow must be towed with at least two
towlines. Each towline must be shortened to the extent necessary to
provide maximum control of the tow.
(2) Each unladen vessel may be towed with one towline.
(3) No towline may exceed 100 feet in length.
(4) No vessel may tow another vessel alongside.
(5) No vessel may tow a raft greater than 50 feet in width.
Note: The Corps of Engineers also has regulations dealing with these
areas in 33 CFR Part 207.
[CGD 79-151, 46 FR 7960, Jan. 26, 1981]
Sec. 162.130 Connecting waters from Lake Huron to Lake Erie; general
rules.
(a) Purpose. The regulations in Sec. Sec. 162.130 through 162.140
prescribe rules for vessel operation in U.S. waters connecting Lake
Huron to Lake Erie (including the River Rouge) to prevent collisions and
groundings, to protect waterway improvements, and to protect these
waters from environmental harm resulting from collisions and groundings.
Note: The Canadian Government has issued similar regulations which
apply in the Canadian portion of the waterway. Provisions which apply
only in Canadian waters are noted throughout the text.
(b) Applicability. (1) Unless otherwise specified, the rules in
Sec. Sec. 162.130 through 162.140 apply to all U.S. vessels and all
other vessels in U.S. waters.
(2) The speed rules in Sec. 162.138 apply to vessels 20 meters or
more in length.
(3) The communication rules in Sec. 162.132, the traffic rules in
Sec. 162.134, except for Sec. 162.134(c)(2), and the anchorage rules
in Sec. 162.136 apply to the following vessels:
(i) Vessels of 20 meters or more in length;
(ii) Commercial vessels more than 8 meters in length engaged in
towing another vessel astern, alongside, or by pushing ahead; and
(iii) Each dredge and floating plant.
(4) The traffic rules contained in Sec. 162.134(c)(2) apply to the
following vessels:
(i) Sailing vessels of 20 meters or more in length;
(ii) Power driven vessels of 55 meters or more in length;
(iii) Vessels engaged in towing another vessel astern, alongside or
by pushing ahead; and
(iv) Each dredge and floating plant.
(c) Definitions. As used in Sec. Sec. 162.130 through 162.140:
Captain of the Port means the United States Coast Guard Captain of
the Port of Detroit, Michigan.
Detroit River means the connecting waters from Windmill Point Light
to the lakeward limits of the improved
[[Page 602]]
navigation channels at the head of Lake Erie.
District Commander means Commander, Ninth Coast Guard District,
Cleveland, Ohio.
Master means the licensed master or operator, the person designated
by the master or operator to navigate the vessel, or, on a vessel not
requiring licensed personnel, the person in command of the vessel.
River Rouge means the waters of the Short Cut Canal and the River
Rouge from Detroit Edison Cell Light 1 to the head of navigation.
St. Clair River means the connecting waters from the lakeward limit
of the improved navigation channel at the lower end of Lake Huron to St.
Clair Flats Canal Light 2.
SARNIA TRAFFIC means the Canadian Coast Guard traffic center at
Sarnia Ontario.
(d) Laws and regulations not affected. The regulations in Sec. Sec.
162.130 through 162.140 do not relieve the owners or operators of
vessels from complying with any other laws or regulations relating to
navigation on the Great Lakes and their connecting or tributary waters.
(e) Delegations. The District Commander, in coordination with
appropriate Canadian officials, may make local arrangements that do not
conflict with these regulations in the interest of safety of operations,
to facilitate traffic movement and anchorage, to avoid disputes as to
jurisdiction and to take necessary action to render assistance in
emergencies. This authority may be redelegated.
[CGD 78-151, 49 FR 18301, Apr. 30, 1984; 49 FR 26722, June 29, 1984, as
amended by CGD 85-060, 51 FR 17016, May 8, 1986; CGD 93-024, 58 FR
59365, Nov. 9, 1993]
Sec. 162.132 Connecting waters from Lake Huron to Lake Erie;
communications rules.
(a) Radio listening watch. The master of each vessel required to
comply with this section shall continuously monitor:
(1) Channel 11 (156.55 mhz) between Lake Huron Cut Lighted Buoy 11
and Lake St. Clair Light; and
(2) Channel 12 (156.60 mhz) between Lake St. Clair Light and Detroit
River Light.
(b) Radiotelephone equipment. Reports required by this section shall
be made by the master using a radiotelephone capable of operation on a
vessel's navigation bridge, or in the case of a dredge, from its main
control station.
(c) English language. Reports required by this section shall be made
in the English language.
(d) Traffic reports. (1) Reports required by this section shall be
made to SARNIA TRAFFIC on the frequency designated for the radio
listening watch in paragraph (a) of this section.
(2) Reports shall include the name of the vessel, location, intended
course of action, and ETA at next reporting point.
(e) Permanent reporting points. The master of each vessel to which
this section applies shall report as required by paragraph (d) of this
section at the location indicated in Table I.
Table I
------------------------------------------------------------------------
Downbound vessels Reporting points Upbound vessels
------------------------------------------------------------------------
Report................ 30 Minutes North of Lake
Huron Cut.
Lighted Horn Buoy ``11''
Report................ Lake Huron Cut Light
``7''
Lake Huron Cut Lighted Report.
Buoy ``1''.
Report................ St. Clair/Black River Report.
Junction Light.
Stag Island Upper Light.. Report.
Report................ Marine City Salt Dock Report.
Light.
Report................ Grande Pointe Light
``23''
St. Clair Flats Canal Report.
Light ``2''.
Report................ Lake St. Clair Light..... Report.
Report................ Belle Isle Light
Report................ Grassy Island Light...... Report.
Report................ Detroit River Light...... Report.
------------------------------------------------------------------------
(f) Additional traffic reports.
(1) A report shall be made upon leaving any dock, mooring, or
anchorage, in the Detroit River, Lake St. Clair, and the St. Clair River
except for--
(i) Ferries on regular runs; and
(ii) Vessels in the River Rouge.
(2) A report shall be made before maneuvering to come about.
(3) A report shall be made--
(i) 20 minutes before entering or departing the River Rouge; and
(ii) Immediately before entering or departing the River Rouge.
(g) Report of impairment or other hazard. The master of a vessel
shall report to SARNIA TRAFFIC as soon as possible:
[[Page 603]]
(1) Any condition on the vessel that may impair its navigation,
including but not limited to: fire, defective steering equipment, or
defective propulsion machinery.
(2) Any tow that the towing vessel is unable to control, or can
control only with difficulty.
(h) Exemptions. Compliance with this section is not required when a
vessel's radiotelphone equipment has failed.
[CGD 78-151, 49 FR 18301, Apr. 30, 1984; 49 FR 26722, June 29, 1984, as
amended by CGD 85-060, 51 FR 17016, May 8, 1986; CGD 85-060, 51 FR
37274, Oct. 21, 1986]
Sec. 162.134 Connecting waters from Lake Huron to Lake Erie; traffic
rules.
(a) Detroit River. The following traffic rules apply in the Detroit
River:
(1) The West Outer Channel is restricted to downbound vessels.
(2) The Livingston Channel, west of Bois Blanc Island, is restricted
to downbound vessels.
Note: The Amherstburg Channel, in Canadian waters east of Bois Blanc
Island, is normally restricted to upbound vessels. No vessel may proceed
downbound in the Amherstburg Channel without authorization from the
Regional Director General.
(3) Between Fighting Island Channel South Light and Bar Point Pier
Light 29D, no vessels shall meet or overtake in such a manner that more
than two vessels would be abreast at any time.
(4) Between the west end of Belle Isle and Peche Island Light,
vessels may only overtake vessels engaged in towing.
(b) River Rouge. In the River Rouge, no vessel shall overtake
another vessel.
(c) St. Clair River. The following traffic rules apply in the St.
Clair River:
(1) Between St. Clair Flats Canal Light 2 and Russell Island Light
33, vessels may only overtake vessels engaged in towing.
(2) Between Lake Huron Cut Lighted Buoy 1 and Port Huron Traffic
Lighted Buoy there is a zone of alternating one way traffic. Masters
shall coordinate their movements in accordance with the following rules;
(i) Vessels shall not overtake.
(ii) Vessels shall not come about.
(iii) Vessels shall not meet.
(iv) Downbound vessels which have passed Lake Huron Cut Lighted Buoy
7 have the right of way over upbound vessels which have not reached the
Port Huron Traffic Lighted Buoy. Upbound vessels awaiting transit of
downbound vessels will maintain position south of the Port Huron Traffic
Lighted Buoy.
(v) Vessels transiting the zone shall coordinate passage by using
communication procedures in Sec. 162.132.
(vi) Transiting vessels shall have the right of way over moored
vessels getting underway within the zone.
(d) In the waters described in Sec. 162.130(a), the District
Commander or Captain of the Port may establish temporary traffic rules
for reasons which include but are not limited to: channel obstructions,
winter navigation, unusual weather conditions, or unusual water levels.
(e) The requirements of this section do not apply to public vessels
of the U.S. or Canada engaged in icebreaking or servicing aids to
navigation or to vessels engaged in river and harbor improvement work.
(f) The prohibitions in this section on overtaking in certain areas
do not apply to vessels operating in the nondisplacement mode. In this
section, ``nondisplacement mode'' means a mode of operation in which the
vessel is supported by hydrodynamic forces, rather than displacement of
its weight in the water, to an extent such that the wake which would
otherwise be generated by the vessel is significantly reduced.
[CGD 78-151, 49 FR 18302, Apr. 30, 1984; 49 FR 26722, June 29, 1984, as
amended by CGD 09-95-002, 60 FR 35701, July 11, 1995]
Sec. 162.136 Connecting waters from Lake Huron to Lake Erie; anchorage
grounds.
(a) In the Detroit River, vessels shall be anchored so as not to
swing into the channel or across steering courses.
Note: There is an authorized anchorage in Canadian waters just above
Fighting Island and an authorized anchorage in U.S. waters south of
Belle Isle (33 CFR 110.206).
(b) In the St. Clair River, vessels shall be anchored so as not to
swing into the channel or across steering courses.
[CGD 78-151, 49 FR 18302, Apr. 30, 1984, as amended by CGD 85-060, 51 FR
17016, May 8, 1986]
[[Page 604]]
Sec. 162.138 Connecting waters from Lake Huron to Lake Erie; speed rules.
(a) Maximum speed limit for vessels in normal displacement mode. (1)
Except when required for the safety of the vessel or any other vessel,
vessels of 20 meters or more in length operating in normal displacement
mode shall proceed at a speed not greater than--
(i) 12 statute miles per hour (10.4 knots) between Fort Gratiot
Light and St. Clair Flats Canal Light 2;
(ii) 12 statute miles per hour (10.4 knots) between Peche Island
Light and Detroit River Light; and
(iii) 4 statute miles per hour (3.5 knots) in the River Rouge.
(2) The maximum speed limit is 5.8 statute miles per hour (5 knots)
in the navigable channel south of Peche Island (under Canadian
jurisdiction).
(b) Maximum speed limit for vessels operating in nondisplacement
mode. (1) Except when required for the safety of the vessel or any other
vessel, vessels 20 meters or more in length but under 100 gross tons
operating in the nondisplacement mode and meeting the requirements set
out in paragraph (c) of this section, may operate at a speed not
exceeding 40 miles per hour (34.8 knots)--
(i) During daylight hours (sunrise to sunset);
(ii) When conditions otherwise safely allow; and
(iii) When approval has been granted by the Coast Guard Captain of
the Port, Detroit or Commander of the Ninth Coast Guard District prior
to each transit of the area.
(2) In this section, ``nondisplacement mode'' means a mode of
operation in which the vessel is supported by hydrodynamic forces,
rather than displacement of its weight in the water, to an extent such
that the wake which would otherwise be generated by the vessel is
significantly reduced.
(c) Unsafe vessels. The Captain of the Port or the District
Commander may deny approval for operations under paragraph (b) of this
section if it appears that the design and operating characteristics of
the vessels in question are not safe for the designated waterways, or if
it appears that operations under this section have become unsafe for any
reason.
(d) Temporary speed limits. The District Commander may temporarily
establish speed limits or temporarily amend existing speed limit
regulations on the waters described in Sec. 162.130(a).
[CGD 09-95-002, 60 FR 35702, July 11, 1995]
Sec. 162.140 Connecting waters from Lake Huron to Lake Erie;
miscellaneous rules.
(a) Rules for towing vessels. (1) A towing vessel may drop or anchor
its tows only in accordance with the provisions of Sec. 162.136.
(2) A towing vessel engaged in arranging its tow shall not obstruct
the navigation of other vessels.
(b) Pilots. In the St. Clair River between Lake Huron Cut Lighted
Buoy 1 and Port Huron Traffic Lighted Buoy, vessels shall not take on,
discharge, or exchange pilots unless weather conditions would make the
maneuver unsafe in the customary pilot area.
[CGD 78-151, 49 FR 18302, Apr. 30, 1984]
Sec. 162.145 Monroe Harbor, Mich.
(a) In the lake channel, no vessel greater than 40 feet in length
may exceed 10 miles per hour.
(b) In the river channel:
(1) No vessel greater than 40 feet in length may exceed 6 miles per
hour.
(2) No vessel may use a towline exceeding 200 feet in length.
[CGD 79-151, 46 FR 7960, Jan. 26, 1981]
Sec. 162.150 Maumee Bay and River, Ohio.
(a) In Maumee Bay (lakeward of Maumee River Lighted Buoy 49(L/L No.
770)), no vessel greater than 100 feet in length may exceed 12 miles per
hour.
(b) In Maumee River (inward of Maumee River Lighted Buoy 49(L/L No.
770)):
(1) No vessel greater than 40 feet in length may exceed 6 miles per
hour.
(2) No vessel greater than 100 feet in length (including tug and tow
combinations) may overtake another vessel.
[CGD 79-151, 46 FR 7960, Jan. 26, 1981]
Sec. 162.155 Sandusky and Huron Harbors, Ohio.
(a) In Sandusky Harbor, no vessel greater than 40 feet in length may
exceed 10 miles per hour.
[[Page 605]]
(b) In Huron Harbor, no vessel greater than 40 feet in length may
exceed 6 miles per hour, except in the outer harbor where no vessel
greater than 40 feet in length may exceed 10 miles per hour.
Note: The Corps of Engineers also has regulations dealing with these
areas in 33 CFR Part 207.
[CGD 79-151, 46 FR 7960, Jan. 26, 1981]
Sec. 162.160 Vermilion, Lorain, Cleveland, Fairport, Ashtabula, and
Conneaut Harbors, Ohio.
(a) In Vermilion Harbor, no vessel may exceed 6 miles per hour.
(b) In Lorain, Cleveland, Fairport, Ashtabula, and Conneaut Harbors,
no vessel may exceed 6 miles per hour, except in the outer harbors,
where no vessel may exceed 10 miles per hour.
Note: The Corps of Engineers also has regulations dealing with these
areas in 33 CFR Part 207.
[CGD 79-151, 46 FR 7960, Jan. 26, 1981]
Sec. 162.165 Buffalo and Rochester Harbors, New York.
In Buffalo and Rochester Harbors, no vessel may exceed 6 miles per
hour, except in the outer harbors where no vessel may exceed 10 miles
per hour.
Note: The Corps of Engineers also has regulations dealing with these
areas in 33 CFR Part 207.
[CGD 79-151, 46 FR 7960, Jan. 26, 1981]
Sec. 162.175 Black Rock Canal and Lock at Buffalo, New York.
In the Black Rock Canal and Lock, no vessel may exceed 6 miles per
hour.
Note: The Corps of Engineers also has regulations dealing with these
areas in 33 CFR Part 207.
[CGD 79-151, 46 FR 7960, Jan. 26, 1981]
Sec. 162.195 Santa Monica Bay, Calif.; restricted area.
(a) The area. The waters of the Pacific Ocean, Santa Monica Bay, in
an area extending seaward from the shoreline a distance of about 5
nautical miles (normal to the shoreline) and basically outlined as
follows:
------------------------------------------------------------------------
Station Latitude North Longitude West
------------------------------------------------------------------------
A....................................... 33[deg]54[min] 118[deg]25[min
59[Sec. ]41[sec]
B....................................... 33[deg]54[min] 118[deg]28[min
59[Sec. ]00[sec]
C....................................... 33[deg]53[min] 118[deg]31[min
59.5[Sec. ]37[sec]
D....................................... 33[deg]56[min] 118[deg]34[min
19.5[Sec. ]05[sec]
E....................................... 33[deg]56[min] 118[deg]26[min
25[Sec. ]29[sec]
------------------------------------------------------------------------
(b) The regulations. (1) Vessels shall not anchor within the area at
any time without permission.
(2) Dredging, dragging, seining, or other fishing operations which
might foul underwater installations within the area are prohibited.
(3) All vessels entering the area, other than vessels operated by or
for the United States, the State of California, the county of Los
Angeles, or the city of Los Angeles, shall proceed across the area by
the most direct route and without unnecessary delay. The area will be
open and unrestricted to small recreational craft for recreational
activities at all times.
(4) The placing of bouys, markers, or other devices requiring
anchors will not be permitted.
(5) The city of Los Angeles will maintain a patrol of the area as
needed.
Sec. 162.200 Marina del Rey, Calif.; restricted area.
(a) The area. That portion of the Pacific Ocean lying shoreward of
the offshore breakwater and the most seaward 1,000 feet of the entrance
channel between the north and south jetties, and basically outlined as
follows:
------------------------------------------------------------------------
Station Latitude Longitude
------------------------------------------------------------------------
A....................................... 33[deg]57[min] 118[deg]27[min
46.0[Sec. ]39.5[sec]
B....................................... 33[deg]57[min] 118[deg]27[min
52.3[Sec. ]43.6[sec]
C....................................... 33[deg]57[min] 118[deg]27[min
48.6[Sec. ]48.8[sec]
D....................................... 33[deg]57[min] 118[deg]27[min
29.8[Sec. ]34.7[sec]
E....................................... 33[deg]57[min] 118[deg]27[min
30.9[Sec. ]29.1[sec]
F....................................... 33[deg]57[min] 118[deg]27[min
37.4[Sec. ]33.8[sec]
G....................................... 33[deg]57[min] 118[deg]27[min
42.4[Sec. ]23.0[sec]
H....................................... 33[deg]57[min] 118[deg]27[min
50.6[Sec. ]28.3[sec]
------------------------------------------------------------------------
(b) The regulations. (1) Vessels shall not anchor within the area at
any time without permission except in an emergency.
(2) Dredging, dragging, seining, or other fishing operations which
might foul underwater installations within the area are prohibited.
Note: The Corps of Engineers also has regulations dealing with this
section in 33 CFR Part 207.
[[Page 606]]
Sec. 162.205 Suisun Bay, San Joaquin River, Sacramento River, and
connecting waters, CA.
(a) San Joaquin River Deep Water Channel between Suisun Bay and the
easterly end of the channel at Stockton; use, administration and
navigation--(1) Maximum speed. The maximum speed for all ocean-going
craft shall not exceed 10 miles per hour above the lower end of New York
Slough, seven miles per hour above Criminal Point, or five miles per
hour while passing any wharf, dock, or moored craft. As used in this
paragraph, the speed of a vessel when navigating with the current shall
be its rate of movement in excess of the velocity of the current.
(2) Passing. All craft passing other boats, barges, scows, etc., in
motion, moored or anchored, shall slow down and take every necessary
precaution to avoid damage.
(3) Right of way. (i) United States dredges, tugs, launches, derrick
boats, and similar plant of contractors executing river and harbor
improvement work for the United States, and displaying the signals
prescribed by the regulations contained in Part 80 of this chapter shall
have the right of way and other craft shall exercise special caution to
avoid interference with the work on which the plant is engaged. Dredges,
whether Federal or contractors' plant, working the channel must however,
take special care to give ocean-going vessels sufficient room for
passing, and must lift both spuds and the ladder, and pull clear, if an
adequate width of clear channelway cannot otherwise be provided. Ocean-
going vessels may show at the masthead a black ball not more than 20
inches in diameter as a signal to the dredge, and may also blow five
long blasts of the whistle when within reasonable hearing distance of
the dredge, such signal to be followed at the proper time by the passing
signal described in the local pilot rules. The dredge shall promptly
acknowledge both signals in the usual manner.
(ii) Light-draft vessels when meeting or being overtaken by ocean-
going vessels, shall give the right of way to such vessels by making use
of the shallower portions of the waterway.
(iii) Rafts and tows must promptly give the channel side demanded
upon proper signal by a vessel, and must be handled in such a manner as
not to obstruct or interfere with the free use of the waterway by other
craft.
(4) Collisions. (i) Ocean-going vessels in collision in the channel
or turning basin must, if still afloat and in a condition making
anchorage necessary, be immediately removed to an approved anchorage
ground, or if in such condition that beaching is necessary, they shall
be temporarily beached on the northwest side of Mandeville Island or in
the Old River.
(ii) Light-draft vessels suffering collision shall be disposed of as
directed by the District Commander or his authorized representative.
(5) Wrecks. In no case following accidents of fire or collision will
a vessel be allowed to remain either anchored or grounded in the
channel, or beached at any place where it endangers other vessels, while
settlement is pending with the underwriters.
(6) Other laws and regulations. In all other respects, the existing
Federal laws and rules and regulations affecting navigable waters of the
United States will govern in this channel.
(b) Sacramento Deep Water Ship Channel between Suisun Bay and
easterly end of Turning Basin at West Sacramento; use, administration,
and navigation--(1) Maximum speed for all ocean going craft--(i) Between
Tolands Landing (Mile 6.2) and Rio Vista Bridge. When going against a
current of two knots or more, the maximum speed over the bottom shall
not exceed 8 knots. When going with the current, in slack water, or
against a current of two knots or less, the maximum speed through the
water shall not exceed 10 knots.
(ii) Between Rio Vista Bridge and Port of Sacramento. When going
against a current of two knots or more, the maximum speed over the
bottom shall not exceed 5 knots. When going with the current, in slack
water, or against a current of two knots or less, the maximum speed
through the water shall not exceed 7 knots.
(iii) Speed past docks or moored craft. Within 550 feet of the
centerline of the
[[Page 607]]
channel the speed shall be the minimum required to maintain steerageway;
wind, tide, current, etc., being taken into consideration.
(iv) Passing. All craft passing other boats, barges, scows, etc.,
underway, moored or anchored, shall take every necessary precaution to
avoid damage.
(v) Speed, high-water precautions. When passing another vessel
(underway, anchored, or tied up); a wharf or other structure; work under
construction; plant engaged in river and harbor improvement; levees
withstanding flood waters; buildings partially or wholly submerged by
high water; or any other structure liable to damage by collision,
suction or wave action; vessels shall give as much leeway as
circumstances permit and reduce their speed sufficiently to preclude
causing damage to the vessel or structure being passed. As deemed
necessary for public safety during high river stages, floods, or other
emergencies, the District Commander may prescribe, by navigation
bulletins or other means, the limiting speed in knots or temporarily
close the waterway or any reach of it to traffic. Since this
subparagraph pertains directly to the manner in which vessels are
operated, masters of vessels shall be held responsible for strict
observance and full compliance herewith.
(2) Right of way. (i) Dredges, tugs, launches, derrick boats and
other similar equipment, executing river and harbor improvement work for
the United States, and displaying the signals prescribed by the
regulations contained in Part 80, of this Chapter, shall have the right-
of-way and other craft shall exercise special caution to avoid
interference with the work on which the plant is engaged. Dredges,
whether Federal or contractor's plant, working the channel must however,
take special care to give ocean-going vessels sufficient room for
passing, and must lift both spuds and the ladder, and pull clear, if an
adequate width of clear channelway cannot otherwise be provided.
(ii) Vessels intending to pass dredges or other types of floating
plant working in navigable channels, when within a reasonable distance
therefrom and not in any case over a mile, shall indicate such intention
by one long blast of the whistle, and shall be directed to the proper
side for passage by the sounding, by the dredge or other floating plant,
of the signal prescribed in the inland pilot rules for vessels underway
and approaching each other from opposite directions, which shall be
answered in the usual manner by the approaching vessel. If the channel
is not clear, the floating plant shall sound the alarm or danger signal
and the approaching vessel shall slow down or stop and await further
signal from the plant.
(iii) When the pipeline from a dredge crosses the channel in such a
way that an approaching vessel cannot pass safely around the pipeline or
dredge, there shall be sounded immediately from the dredge the alarm or
danger signal and the approaching vessel shall slow down or stop and
await further signal from the dredge. The pipeline shall then be opened
and the channel cleared as soon as practicable; when the channel is
clear for passage the dredge shall so indicate by sounding the usual
passing signal as prescribed in paragraph (c)(2)(ii) of this section.
The approaching vessel shall answer with a corresponding signal and pass
promptly.
(iv) When any pipeline or swinging dredge shall have given an
approaching vessel or tow the signal that the channel is clear, the
dredge shall straighten out within the cut for the passage of the vessel
or tow.
(v) Shallow draft vessels when meeting or being overtaken by ocean-
going vessels, shall give the right-of-way to such vessels by making use
of the shallower portions of the waterway, wherever possible.
(vi) Tows should promptly give the channel side requested by proper
signal from a vessel, and should be handled in such a manner as not to
obstruct or interfere with the free use of the waterway by other craft.
(3) Obstruction of traffic. (i) Except as provided in paragraph
(c)(2) of this section no person shall willfully or carelessly obstruct
the free navigation of the waterway, or delay any vessel having the
right to use the waterway.
(ii) No vessel shall anchor within the channel except in distress or
under stress of weather. Any vessel so anchored shall be moved as
quickly as
[[Page 608]]
possible to such anchorage as will leave the channel clear for the
passage of vessels.
(iii) Motorboats, sailboats, rowboats, and other small craft shall
not anchor or drift in the regular ship channel except under stress of
weather or in case of breakdown. Such craft shall be so operated that
they will not interfere with or endanger the movement of commercial or
public vessels.
(4) Collisions. (i) Ocean-going vessels in collision in the channel
or turning basin, must if still afloat and in a condition making
anchorage necessary, be immediately removed to an approved anchorage
ground, or if in such condition that beaching is necessary, they shall
be temporarily beached on the southwest side of Ryer Island from Mile
15.0 to Mile 16.3 or in the Harbor and Turning Basin at West Sacramento.
(ii) Light-draft vessels suffering collision shall be disposed of as
directed by the District Commander or his authorized representative.
(5) Marine accidents. Masters, mates, pilots, owners, or other
persons using the waterway to which this paragraph applies shall notify
the District Commander and in the case of undocumented vessels, the
State Division of Small Craft Harbors also, by the most expeditious
means available of all marine accidents, such as fire, collision,
sinking or stranding, where there is possible obstruction of the channel
or interference with navigation or where damage to Government property
is involved, furnishing a clear statement as to the name, address, and
ownership of the vessel or vessels involved, the time and place, and the
action taken. In all cases, the owner of the sunken vessel shall take
immediate steps to mark the wreck properly.
(6) Other laws and regulations. In all other respects, existing
Federal laws and rules and regulations affecting navigable waters of the
United States will govern in this channel.
(c) Sacramento River, Decker Island Restricted Anchorage for Vessels
of the U.S. Government-- (1) The anchorage ground. An elongated area in
the Sacramento River bounded on the west by the shore of Decker Island
and the following lines: Beginning on the shore at Decker Island North
End Light at latitude 38[deg]06[min]16[sec] N., longitude
121[deg]42[min]32.5[sec] W.; thence easterly to latitude
38[deg]06[min]15[sec] N., longitude 121[deg]42[min]27[sec] W.; thence
southerly to latitude 38[deg]05[min]22[sec] N., longitude
121[deg]42[min]30[sec] W.; thence southwesterly to latitude
38[deg]05[min]08[sec] N., longitude 121[deg]42[min]40[sec] W.; thence
west southwesterly to latitude 38[deg]05[min]02[sec] N., longitude
121[deg]42[min]50[sec] W.; thence northwesterly to the shore of Decker
Island at latitude 38[deg]05[min]04[sec] N., longitude
121[deg]42[min]52.5[sec] W.
(2) Special Regulation. No Vessel or other craft except those owned
by or operating under contract with the United States may navigate or
anchor within 50 feet of any moored Government vessel in the area.
Commercial and pleasure craft shall not moor to buoys or chains of
Government vessels, nor may they, while moored or underway, obstruct the
passage of Government or other vessels through the area.
Note: The Corps of Engineers also has regulations dealing with this
section in 33 CFR Part 207.
[CGD 75-082, 42 FR 51759, Sept. 29, 1977, as amended by CGD12 84-07, 51
FR 12318, Apr. 10, 1986; CGD11-94-007, 60 FR 16796, Apr. 3, 1995; USCG-
1998-3799, 63 FR 35532, June 30, 1998]
Sec. 162.210 Lake Tahoe, Calif.; restricted areas along south shore.
(a) The areas--(1) Baldwin Beach, under the control of the Forest
Service, Department of Agriculture. The waters of Lake Tahoe shoreward
of a line described as follows: Beginning at the intersection of the
high waterline with the west boundary line of Lot 2, Section 26,
Township 13 North (Mount Diablo Base Line), Range 17 East (Mount Diablo
Meridian); thence north 300 feet; thence southeasterly about 2,850 feet
to the east line of Section 26 at a point 300 feet north of the high
waterline; thence northeasterly 1,740 feet to a point 300 feet north of
the high waterline; thence southeasterly about 1,810 feet to the
projected east line of the former Baldwin property at a point 300 feet
north of the high waterline; and thence south 300 feet to the high
waterline.
(2) Camp Richardson, under the control of the Forest Service,
Department of Agriculture. The waters of Lake Tahoe shoreward of a line
described as follows: Beginning at the southeasterly corner of sec. 25,
T. 13 N., R. 17 E.,
[[Page 609]]
Mount Diablo Base and Meridian; thence north 410 feet along the east
line of sec. 25; thence northwesterly 95 feet to the high waterline
which is the true point of beginning; thence north 130 feet; thence
southeasterly 565 feet; and thence south 130 feet to the high waterline.
(3) Pope Beach, under the control of the Forest Service, Department
of Agriculture. The waters of Lake Tahoe shoreward of a line described
as follows: Beginning at the intersection of the high waterline with the
west line of the former Pope property, about 750 feet westerly of the
west boundary line of Lot 2, Section 6, Township 12 North (Mount Diablo
Base Line), Range 18 East (Mount Diablo Meridian); thence north 300
feet; thence southeasterly 4,200 feet to a point 300 feet north of the
high waterline; and thence south 300 feet to the high waterline.
(4) El Dorado County Beach. The waters of Lake Tahoe shoreward of a
line described as follows: Beginning at the intersection of the high
waterline with the west boundary line of Lot 1, Section 32, Township 13
North (Mount Diablo Base Line), Range 18 East (Mount Diablo Meridian);
thence north 500 feet; thence northeasterly about 1,350 feet to the
projected east line of Lot 1 at a point 500 feet north of the high
waterline; and thence south 500 feet to the high waterline.
(b) The regulations. No sail or machine-propelled watercraft, except
vessels owned or controlled by the U.S. Coast Guard, shall navigate or
anchor in the restricted area.
Sec. 162.215 Lake Tahoe, Nev.; restricted area adjacent to Nevada Beach.
(a) The restricted area. The waters of Lake Tahoe shoreward of a
line described as follows: Beginning at the intersection of the high
waterline with a line projected in a general southerly direction 200
feet from a point lying 310 feet west of section corner common to
section 15, 16, 21, and 22, Township 13 North (Mount Diablo Base Line),
Range 18 East (Mount Diablo Meridian); thence 300 feet lakeward at right
angles to the high waterline; thence southeasterly approximately 2,170
feet to the projected south boundary line of the Forest Service property
at a point 300 feet west of the high waterline; and thence east 300 feet
to the high water line.
(b) The regulations. No sail or motor propelled watercraft, except
vessels owned or controlled by the United States Government and vessels
duly authorized by the United States Coast Guard, shall navigate or
anchor in the restricted area.
Sec. 162.220 Hoover Dam, Lake Mead, and Lake Mohave (Colorado River),
Ariz.-Nev.
(a) Lake Mead and Lake Mohave; restricted areas--(1) The areas. That
portion of Lake Mead extending 700 feet upstream of the axis of Hoover
Dam and that portion of Lake Mohave (Colorado River) extending 4,500
feet downstream of the axis of Hoover Dam.
(2) The regulations. The restricted areas shall be closed to
navigation and other use by the general public. Only vessels owned by or
controlled by the U.S. Government and the States of Arizona and Nevada
shall navigate or anchor in the restricted areas: Provided, however, The
Regional Director, Region 3, U.S. Bureau of Reclamation, Boulder City,
Nev., may authorize, by written permit, individuals or groups to
navigate or anchor in the restricted areas when it is deemed in the
public interest. Copies of said permits shall be furnished the enforcing
agencies.
(b) Lake Mead; speed regulation. In that portion of Lake Mead
extending 300 feet upstream of the restricted area described in
paragraph (a) of this section, a maximum speed of 5 miles per hour shall
not be exceeded.
(c) Supervision. The regulations in this section shall be supervised
by the District Commander, Eleventh Coast Guard District.
Sec. 162.225 Columbia and Willamette Rivers, Washington and Oregon;
administration and navigation.
(a) Supervision. The District Commander, Thirteenth Coast Guard
District, has certain administrative supervision over the Columbia and
Willamette Rivers, and is charged with the enforcement under his
direction of emergency regulations to govern navigation of these
streams.
[[Page 610]]
(b) Speed. During very high water stages (usually 25 feet or more on
the Vancouver, Washington, gage) when lives, floating plant or major
shore installations are endangered, the District Commander shall have
authority to prescribe such temporary speed regulations as he may deem
necessary for the public safety. During critical periods of freshets
under 25 feet on the Vancouver, Washington, gage when construction is in
progress, rehabilitation, or other unusual emergency makes a major shore
installation susceptible to loss or major damage from wave action, the
District Commander shall have authority to prescribe for a particular
limited reach of the river as appropriate such temporary speed
regulations as he may deem necessary to protect the integrity of such
structure. All speed regulations prescribed by the District Commander
shall be obeyed for the duration of the emergency and shall be
terminated at the earliest practicable time that improved stream
conditions permit.
Sec. 162.230 Columbia River, Wash.
(a) Grand Coulee Dam discharge channel; restricted area--(1) The
area. That portion of the Columbia River between Grand Coulee Dam
(situated at river mile 596.6) and river mile 593.7.
(2) The regulations. (i) No vessel shall enter or navigate within
the area without permission from the enforcing agency.
(ii) The regulation in this section shall be enforced by the Chief,
Power Field Division, Columbia Basin Project, U.S. Department of the
Interior, Coulee Dam, Washington.
Sec. 162.235 Puget Sound Area, Wash.
(a) Waterway connecting Port Townsend and Oak Bay; use,
administration, and navigation--(1) Works to which regulations apply.
The ``canal grounds'' when used in this paragraph shall mean that area
between the south end of the jetties in Oak Bay and the northerly end of
the dredge channel approximately 400 yards northwest of Port Townsend
Canal Light. The ``canal'' is the water lying between these limits and
the banks containing the same.
(2) Speed. The speed limit within the canal grounds shall not exceed
five miles per hour.
(3) Signals. All boats desiring to use the canal shall give one long
and one short whistle. Southbound boats shall sound the signal within
600 yards of Port Townsend Canal Light. Northbound boats shall sound
this signal at least 500 feet south from the end of the jetties in Oak
bay. If no other boat answers the signal the first boat shall have the
right of way through the canal. Any approaching boat that is in the
canal shall answer by giving the same signal and the first boat shall
not enter the canal until the second boat shall have passed through the
canal. In the case of boats going in the same direction the boat which
is in the canal shall not answer the signal of the boat desiring to
enter.
(4) Passing. Steamers shall not under any circumstances attempt to
pass each other in the canal, either when going in the same or opposite
directions.
(5) Anchoring. No steamers or boats shall anchor or tie up within
the canal grounds unless they are well over on the tide flats to the
west of the dredged channel, and off the right of way belonging to the
United States.
(6) Tows. No tow shall enter or pass through the canal with a
towline more than 200 in length.
(7) Delaying traffic. No person shall cause or permit any vessel or
boat of which he is in charge, or on which he is employed, to obstruct
the canal in any way or delay in passing through it.
(b) West Waterway, Seattle Harbor; navigation. (1) The movement of
vessels of 250 gross tons or over and all vessels with tows of any kind
through the narrow section of West Waterway between the bend at Fisher's
Flour Mill dock and the bend at the junction of East Waterway with
Duwamish Waterway, and through the draws of the City of Seattle and
Northern Pacific Railway Company bridges crossing this narrow section,
shall be governed by red and green traffic signal lights mounted on the
north and south sides of the west tower of the City Light power crossing
at West Spokane Street.
(2) Two green lights, one vertically above the other, displayed
ahead of a
[[Page 611]]
vessel, shall indicate that the waterway is clear. Two red lights, one
vertically above the other, displayed ahead of a vessel, shall indicate
that the waterway is not clear.
(3) A vessel approaching the narrow section and drawbridges from
either end of the waterway shall give one long blast of a whistle and
shall not enter the narrow section until green lights are displayed.
(4) One vessel may follow another vessel in either direction, but
the channel shall not be kept open in the same direction for an
unreasonable time if a vessel is waiting at the other end.
(5) Tugs, launches, and small craft shall keep close to one side of
the channel when vessels or boats with tows are passing.
(6) All craft shall proceed with caution. The display of a green
light is not a guarantee that the channel is clear of traffic, and
neither the United States nor the City of Seattle will be responsible
for any damage to vessels or other property which may be chargeable to
mistakes in the operation of the signal lights or to their failure to
operate.
Note: The Corps of Engineers also has regulations dealing with this
section in 33 CFR Part 207.
Sec. 162.240 Tongass Narrows, Alaska; navigation.
(a) Definitions. The term ``Tongass Narrows'' includes the body of
water lying between Revillagigedo Channel and Guard Island in Clarence
Strait.
(b) No vessel, except for public law enforcement and emergency
response vessels, floatplanes during landings and take-offs, and vessels
of 23 feet registered length or less, shall exceed a speed of 7 knots in
the region of Tongass Narrows bounded to the north by Tongass Narrows
Buoy 9 and to the south by Tongass Narrows East Channel Regulatory
marker at position 55[deg]19[min]22.0[sec] N, 131[deg]36[min]40.5[sec] W
and Tongass Narrows West Channel Regulatory marker at position
55[deg]19[min]28.5[sec] N, 131[deg]39[min]09.7[sec] W, respectively.
(c) No vessel shall while moored or at anchor, or by slow passage or
otherwise while underway, unreasonably obstruct the free passage and
progress of other vessels.
(d) No vessel shall moor or anchor to any structure of the United
States other than mooring piers, wharves, and floats without the consent
of the Commanding Officer, Marine Safety Office, Juneau, Alaska.
[CGD 75-082, 42 FR 51759, Sept. 29, 1977, as amended by CGD 77-217, 43
FR 60458, Dec. 28, 1978; CGD 82-039, 47 FR 27266, June 24, 1982; USCG-
1998-3799, 63 FR 35532, June 30, 1998; CGD17-99-002, 64 FR 29557, June
2, 1999, 64 FR 32103, June 15, 1999; CGD 17-99-002, 65 FR 18245, Apr. 7,
2000]
Sec. 162.245 Kenai River, Kenai, Alaska; use, administration, and
navigation.
(a) The area. The main channel area of the river, having a width of
150 feet, beginning at a point directly offshore from the centerline of
the city dock and extending about 2,200 feet upstream to a point 200
feet upstream from the Inlet Co. dock.
(b) The regulations. (1) Vessels may navigate, anchor, or moor
within the area until such time as notification is received or
observation is made of intended passage to or from the docking areas.
(2) Notice of anticipated passage of towboats and barges shall be
indicated 24 hours in advance by display of a red flag by the Inlet Co.
from its warehouse.
Sec. 162.250 Port Alexander, Alaska; speed of vessels.
(a) Definition. The term ``Port Alexander'' includes the entire
inlet from its head to its entrance from Chatham Strait.
(b) Speed. The speed of all vessels of 5 tons or more gross, ships
register, shall not exceed 3 miles per hour either in entering, leaving,
or navigating within Port Alexander, Alaska.
[CGD 75-082, 42 FR 51759, Sept. 29, 1977, as amended by CGD 82-039, 47
FR 27266, June 24, 1982]
Sec. 162.255 Wrangell Narrows, Alaska; use, administration, and
navigation.
(a) Definitions. (1) The term ``Wrangell Narrows'' includes the
entire body of water between Wrangell Narrows North Entrance Lighted
Bell Buoy 63 and Midway Rock Light.
[[Page 612]]
(2) The term ``raft section'' refers to a standard raft of logs or
piling securely fastened together for long towing in Alaska inland
waters in the manner customary with the local logging interests, i.e.,
with booms, swifters, and tail sticks. It normally contains 30,000 to
70,000 feet board measure of logs or piling and has a width of 45 to 60
feet and a length of 75 to 100 feet.
(b) Speed restrictions. No vessel shall exceed a speed of seven (7)
knots in the vicinity of Petersburg, between Wrangell Narrows Channel
Light 58 and Wrangell Narrows Lighted Buoy 60.
(c) Tow channel. The following route shall be taken by all tows
passing through Wrangell Narrows when the towboat has a draft of 9 feet
or less (northbound, read down; southbound, read up):
East of Battery Islets:
East of Tow Channel Buoy 1 TC.
East of Tow Channel Buoy 3 TC.
West of Tow Channel Buoy 4 TC.
East of Colorado Reef:
East of Wrangell Narrows Channel Light 21.
West of Wrangell Narrows Channel Lighted Buoy 25.
East of Tow Channel Buoy 5 TC.
East of Tow Channel Buoy 7 TC.
West of Petersburg:
East of Wrangell Narrows Channel Light 54 Fr.
East of Wrangell Narrows Channel Light 56 Qk FR.
East of Wrangell Narrows Channel Light 58 Fr., thence proceeding to
west side of channel and leaving Wrangell Narrows by making passage
between Wrangell Narrows Channel Daybeacon 61 and Wrangell Narrows North
Entrance Lighted Bell Buoy 63 F.
(d) Size of tows. The maximum tows permitted shall be one pile
driver, or three units of other towable equipment or seven raft
sections.
(e) Arrangement of tows. (1) No towline or aggregate of towlines
between towboat and separated pieces shall exceed 150 feet in length.
(2) Raft and barge tows of more than one unit shall not exceed 65
feet in width overall. Single barge tows shall not exceed 100 feet in
width overall.
(3) Tows other than rafts shall be taken alongside the towboat
whenever possible.
(f) Anchorage. Vessels may anchor in the anchorage basin in the
vicinity of Anchor Point. No craft or tow shall be anchored in Wrangell
Narrows in either the main ship channel or the towing channel, nor shall
any craft or tow be anchored so that it can swing into either of these
channels.
(g) Disabled craft. Disabled craft in a condition of absolute
necessity are exempt from the regulations in this section.
[CGD 75-082, 42 FR 51759, Sept. 29, 1977, as amended by CGD 82-039, 47
FR 27266, June 24, 1982; CGD 94-026, 60 FR 63624, Dec. 12, 1995]
Sec. 162.260 Channel leading to San Juan Harbor, P.R.; use,
administration, and navigation.
(a) Steamers passing dredge engaged in improving the channel shall
not have a speed greater than 4 miles an hour, and the propelling
machinery shall be stopped when crossing the lines to the dredge
anchors.
(b) Vessels using the channel shall pass the dredge on the side
designated from the dredge by the signals prescribed in paragraph (c) of
this section.
(c) Dredge shall display the red flag by day and four white lights
hung in a vertical line by night to indicate the passing side.
(d) Vessels shall not anchor on the ranges of stakes or other marks
placed for the guidance of the dredge, nor in such a manner as to
obstruct the channel for passing vessels.
(e) Vessels shall not run over or disturb stake, lanterns, or other
marks placed for the guidance of the dredge.
(f) Dredges working in the prosecution of the work shall not
obstruct the channel unnecessarily.
(g) The dredge will slack lines running across the channel from the
dredge on the passing side, for passing vessels, when notified by
signal, with whistle or horn.
(h) The position of anchors of the dredge shall be marked by buoys
plainly visible to passing vessels.
Sec. 162.270 Restricted areas in vicinity of Maritime Administration
Reserve Fleets.
(a) The regulations in this section shall govern the use and
navigation of waters in the vicinity of the following
[[Page 613]]
National Defense Reserve Fleets of the Maritime Administration,
Department of Transportation:
(1) James River Reserve Fleet, Fort Eustis, Virginia.
(2) Beaumont Reserve Fleet, Neches River near Beaumont, Texas.
(3) Suisun Bay Reserve Fleet near Benicia, California.
(b) No vessels or other watercraft, except those owned or controlled
by the United States Government, shall cruise or anchor between Reserve
Fleet units within 500 feet of the end vessels in each Reserve Fleet
unit, or within 500 feet of the extreme units of the fleets, unless
specific permission of do so has first been granted in each case by the
enforcing agency.
(c) The regulations in this section shall be enforced by the
respective Fleet Superintendents and such agencies as they may
designate.
[CGD 75-082, 42 FR 51759, Sept. 29, 1977, as amended by CGD 86-053, 51
FR 43742, Dec. 4, 1986]
PART 163_TOWING OF BARGES--Table of Contents
Sec.
163.01 Application.
163.05 Tows of seagoing barges within inland waters.
163.20 Bunching of tows.
Authority: 33 U.S.C. 152, 2071; 49 CFR l.46(n).
Sec. 163.01 Application.
(a) The regulations in this part apply to vessels navigating the
harbors, rivers, and inland waters of the United States, except the
Great Lakes and their connecting and tributary waters as far east as
Montreal, the Red River of the North, the Mississippi River and its
tributaries above Huey P. Long Bridge, and that part of the Atchafalaya
River above its junction with the Plaquemine-Morgan City alternate
waterway.
(b) Seagoing barges and their towing vessels shall be subject to the
requirements in this part under the provisions of section 14 of the Act
of May 28, 1908, as amended (sec. 14, 35 Stat. 428, as amended; 33
U.S.C. 152). Under the provisions of section 15 of the Act of May 28,
1908, as amended (sec. 15, 35 Stat. 429; 33 U.S.C. 153), the penalty for
use of an unlawful towline shall be an action against the master of the
towing vessel seeking the suspension or revocation of his license.
[CGFR 60-61, 25 FR 9045, Sept. 21, 1960, as amended by CGFR 66-59, 31 FR
13647, Oct. 22, 1966. Redesignated by CGD 81-017, 46 FR 28154, May 26,
1981]
Sec. 163.05 Tows of seagoing barges within inland waters.
(a) The tows of seagoing barges when navigating the inland waters of
the United States shall be limited in length to five vessels, including
the towing vessel or vessels.
[CGFR 60-61, 25 FR 9045, Sept. 21, 1960. Redesignated by CGD 81-017, 46
FR 28154, May 26, 1981]
Sec. 163.20 Bunching of tows.
(a) In all cases where tows can be bunched, it should be done.
(b) Tows navigating in the North and East Rivers of New York must be
bunched above a line drawn between Robbins Reef Light and Owls Head,
Brooklyn, but the quarantine anchorage and the north entrance to Ambrose
Channel shall be avoided in the process of bunching tows.
(c) Tows must be bunched above the mouth of the Schuylkill River,
Pa.
[CGFR 60-61, 25 FR 9045, Sept. 21, 1960, as amended by CGFR 64-21, 29 FR
5733, Apr. 30, 1964. Redesignated by CGD 81-017, 46 FR 28154, May 26,
1981]
PART 164_NAVIGATION SAFETY REGULATIONS--Table of Contents
Sec.
164.01 Applicability.
164.02 Applicability exception for foreign vessels.
164.03 Incorporation by reference.
164.11 Navigation under way: General.
164.13 Navigation underway: tankers.
164.15 Navigation bridge visibility.
164.19 Requirements for vessels at anchor.
164.25 Tests before entering or getting underway.
164.30 Charts, publications, and equipment: General.
164.33 Charts and publications.
164.35 Equipment: All vessels.
164.37 Equipment: Vessels of 10,000 gross tons or more.
164.38 Automatic radar plotting aids (ARPA).
164.39 Steering gear: Foreign tankers.
[[Page 614]]
164.40 Devices to indicate speed and distance.
164.41 Electronic position fixing devices.
164.42 Rate of turn indicator.
164.43 Automatic Identification System Shipborne Equipment--Prince
William Sound.
164.46 Automatic Identification System (AIS).
164.51 Deviations from rules: Emergency.
164.53 Deviations from rules and reporting: Non-operating equipment.
164.55 Deviations from rules: Continuing operation or period of time.
164.61 Marine casualty reporting and record retention.
164.70 Definitions.
164.72 Navigational-safety equipment, charts or maps, and publications
required on towing vessels.
164.74 Towline and terminal gear for towing astern.
164.76 Towline and terminal gear for towing alongside and pushing ahead.
164.78 Navigation under way: Towing vessels.
164.80 Tests, inspections, and voyage planning.
164.82 Maintenance, failure, and reporting.
Authority: 33 U.S.C. 1222(5), 1223, 1231; 46 U.S.C. 2103, 3703;
Department of Homeland Security Delegation No. 0170.1 (75). Sec. 164.13
also issued under 46 U.S.C. 8502. Sec. 164.61 also issued under 46
U.S.C. 6101.
Sec. 164.01 Applicability.
(a) This part (except as specifically limited by this section)
applies to each self-propelled vessel of 1600 or more gross tons (except
as provided in paragraphs (c) and (d) of this section, or for foreign
vessels described in Sec. 164.02) when it is operating in the navigable
waters of the United States except the St. Lawrence Seaway.
(b) Sections 164.70 through 164.82 of this part apply to each towing
vessel of 12 meters (39.4 feet) or more in length operating in the
navigable waters of the United States other than the St. Lawrence
Seaway; except that a towing vessel is exempt from the requirements of
Sec. 164.72 if it is--
(1) Used solely within a limited geographic area, such as a
fleeting-area for barges or a commercial facility, and used solely for
restricted service, such as making up or breaking up larger tows;
(2) Used solely for assistance towing as defined by 46 CFR 10.103;
(3) Used solely for pollution response; or
(4) Any other vessel exempted by the Captain of the Port (COTP). The
COTP, upon written request, may, in writing, exempt a vessel from Sec.
164.72 for a specified route if he or she decides that exempting it
would not allow its unsafe navigation under anticipated conditions.
(c) Provisions of Sec. Sec. 164.11(a)(2) and (c), 164.30, 164.33,
and 164.46 do not apply to warships or other vessels owned, leased, or
operated by the United States Government and used only in government
noncommercial service when these vessels are equipped with electronic
navigation systems that have met the applicable agency regulations
regarding navigation safety.
(d) Provisions of Sec. 164.46 apply to some self-propelled vessels
of less than 1600 gross tonnage.
[CGD 83-004, 49 FR 43466, Oct. 29, 1984, as amended by CGD 94-020, 61 FR
35072, July 3, 1996; USCG-2000-8300, 66 FR 21864, May 2, 2001; USCG-
2003-14757, 68 FR 39367, July 1, 2003]
Sec. 164.02 Applicability exception for foreign vessels.
(a) Except as provided in Sec. 164.46(a)(2) of this part, including
Sec. Sec. 164.38 and 164.39, this part does not apply to vessels that:
(1) Are not destined for, or departing from, a port or place subject
to the jurisdiction of the United States; and
(2) Are in:
(i) Innocent passage through the territorial sea of the United
States; or
(ii) Transit through navigable waters of the United States which
form a part of an international strait.
[CGD 77-063, 44 FR 66530, Nov. 19, 1979, as amended by CGD 79-148, 45 FR
54039, Aug. 14, 1980; USCG-2003-14757, 68 FR 39367, July 1, 2003; 68 FR
60569, Oct. 22, 2003]
Sec. 164.03 Incorporation by reference.
(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, the Coast Guard must publish
notice of change in the Federal Register and the material must be
available to the public. All approved material is available for
inspection at the Office of Vessel Traffic
[[Page 615]]
Management (G-MWV), Coast Guard Headquarters, 2100 Second Street, SW.,
Washington, DC 20593-0001 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 Petroleum Institute (API), 1220 L Street NW.,
Washington, DC 20005
API Specification 9A, Specification for Wire Rope, Section 164.74
3, Properties and Tests for Wire and Wire Rope, May 28,
1984......................................................
American Society for Testing and Materials (ASTM), 100 Barr
Harbor Drive, West Conshohocken, PA 19428-2959
ASTM D4268-93, Standard Test Method for Testing Fiber Ropes 164.74
Cordage Institute, 350 Lincoln Street, Hingham, MA 02043
CIA-3, Standard Test Methods for Fiber Rope Including 164.74
Standard Terminations, Revised, June 1980.................
International Electrotechnical Commission (IEC), 3, rue de
Varemb, Geneva, Switzerland.
IEC 61993-2, Maritime navigation and radiocommunication 164.46
equipment and systems--Automatic identification systems
(AIS)--part 2: Class A shipborne equipment of the
universal automatic identification system (AIS)--
Operational and performance requirements, methods of test
and required test results First edition, 2001-12..........
International Maritime Organization (IMO), 4 Albert
Embankment, London SE1 7SR, U.K.
IMO Resolution A342(IX), Recommendation on Performance 164.13
Standards for Automatic Pilots, adopted November 12, 1975.
Resolution MSC.74(69), Annex 3, Recommendation on 164.46
Performance Standards for a Universal Shipborne Automatic
Identification System (AIS), adopted May 12, 1998.........
SN/Circ.227, Guidelines for the Installation of a Shipborne 164.46
Automatic Identification System (AIS), datedJanuary 6,
2003......................................................
SOLAS, International Convention for Safety of Life at Sea, 164.46
1974, and 1988 Protocol relating thereto, 2000 Amendments,
effective January and July 2002, (SOLAS 2000 Amendments)..
Conference resolution 1, Adoption of amendments to the 164.46
Annex to the International Convention for the Safety of
Life at Sea, 1974, and amendments to Chapter V of SOLAS
1974, adopted December 12, 2002...........................
International Telecommunication Union Radiocommuni- cation
Bureau (ITU-R), Place de Nations CH-1211 Geneva 20
Switzerland
(1) ITU-R Recommendation M.821, Optional Expansion of the 164.43
Digital Selective-Calling System for Use in the Maritime
Mobile Service, 1992......................................
(2) ITU-R Recommendation M.825, Characteristics of a 164.43
Transponder System Using Digital Selective-Calling
Techniques for Use with Vessel Traffic Services and Ship-
to-Ship Identification, 1992..............................
ITU-R Recommendation M.1371-1, Technical characteristics 164.46
for a universal shipborne automatic identification system
using time division multiple access in the VHF maritime
mobile band, 1998-2001....................................
Radio Technical Commission for Maritime Services, 655
Fifteenth Street, NW., Suite 300, Washington, DC 20005
(1) RTCM Paper 12-78/DO-100, Minimum Performance Standards, 164.41
Loran C Receiving Equipment, 1977.........................
(2) RTCM Paper 194-93/SC104-STD, RTCM Recommended Standards 164.43
for Differential NAVSTAR GPS Service, Version 2.1, 1994...
(3) RTCM Paper 71-95/SC112-STD, RTCM Recommended Standards 164.72
for Marine Radar Equipment Installed on Ships of Less Than
300 Tons Gross Tonnage, Version 1.1, October 10, 1995.....
(4) RTCM Paper 191-93/SC112-X, RTCM Recommended Standards 164.72
for Maritime Radar Equipment Installed on Ships of 300
Tons Gross Tonnage and Upwards, Version 1.2, December 20,
1993......................................................
[[Page 616]]
[CGD 91-203, 58 FR 27632, May 10, 1993, as amended by CGD 83-043, 60 FR
24771, May 10, 1995; CGD 93-022, 60 FR 51734, Oct. 3, 1995; CGD 96-026,
61 FR 33669, June 28, 1996; CGD 94-020, 61 FR 35072, July 3, 1996; USCG-
1999-5151, 64 FR 67176, Dec. 1, 1999; USCG-2002-12471, 67 FR 41333, June
18, 2002; USCG-2003-14757, 68 FR 39367, July 1, 2003; 68 FR 60569, Oct.
22, 2003; 69 FR 18803, Apr. 9, 2004; USCG-2004-18057, 69 FR 34926, June
23, 2004]
Sec. 164.11 Navigation under way: General.
The owner, master, or person in charge of each vessel underway shall
ensure that:
(a) The wheelhouse is constantly manned by persons who:
(1) Direct and control the movement of the vessel; and
(2) Fix the vessel's position;
(b) Each person performing a duty described in paragraph (a) of this
section is competent to perform that duty;
(c) The position of the vessel at each fix is plotted on a chart of
the area and the person directing the movement of the vessel is informed
of the vessel's position;
(d) Electronic and other navigational equipment, external fixed aids
to navigation, geographic reference points, and hydrographic contours
are used when fixing the vessel's position;
(e) Buoys alone are not used to fix the vessel's position;
Note: Buoys are aids to navigation placed in approximate positions
to alert the mariner to hazards to navigation or to indicate the
orientation of a channel. Buoys may not maintain an exact position
because strong or varying currents, heavy seas, ice, and collisions with
vessels can move or sink them or set them adrift. Although buoys may
corroborate a position fixed by other means, buoys cannot be used to fix
a position: however, if no other aids are available, buoys alone may be
used to establish an estimated position.
(f) The danger of each closing visual or each closing radar contact
is evaluated and the person directing the movement of the vessel knows
the evaluation;
(g) Rudder orders are executed as given;
(h) Engine speed and direction orders are executed as given;
(i) Magnetic variation and deviation and gyrocompass errors are
known and correctly applied by the person directing the movement of the
vessel;
(j) A person whom he has determined is competent to steer the vessel
is in the wheelhouse at all times; \1\
---------------------------------------------------------------------------
\1\ See also 46 U.S.C. 8702(d), which requires an able seaman at the
wheel on U.S. vessels of 100 gross tons or more in narrow or crowded
waters during low visibility.
---------------------------------------------------------------------------
(k) If a pilot other than a member of the vessel's crew is employed,
the pilot is informed of the draft, maneuvering characteristics, and
peculiarities of the vessel and of any abnormal circumstances on the
vessel that may affect its safe navigation.
(l) Current velocity and direction for the area to be transited are
known by the person directing the movement of the vessel;
(m) Predicted set and drift are known by the person directing
movement of the vessel;
(n) Tidal state for the area to be transited is known by the person
directing movement of the vessel;
(o) The vessel's anchors are ready for letting go;
(p) The person directing the movement of the vessel sets the
vessel's speed with consideration for:
(1) The prevailing visibility and weather conditions;
(2) The proximity of the vessel to fixed shore and marine
structures;
(3) The tendency of the vessel underway to squat and suffer
impairment of maneuverability when there is small underkeel clearance;
(4) The comparative proportions of the vessel and the channel;
(5) The density of marine traffic;
(6) The damage that might be caused by the vessel's wake;
(7) The strength and direction of the current; and
(8) Any local vessel speed limit;
(q) The tests required by Sec. 164.25 are made and recorded in the
vessel's log; and
(r) The equipment required by this part is maintained in operable
condition.
(s) Upon entering U.S. waters, the steering wheel or lever on the
navigating bridge is operated to determine if the steering equipment is
operating properly under manual control, unless the vessel has been
steered under manual control from the navigating bridge within the
preceding 2 hours, except
[[Page 617]]
when operating on the Great Lakes and their connecting and tributary
waters.
(t) At least two of the steering-gear power units on the vessel are
in operation when such units are capable of simultaneous operation,
except when the vessel is sailing on the Great Lakes and their
connecting and tributary waters, and except as required by paragraph (u)
of this section.
(u) On each passenger vessel meeting the requirements of the
International Convention for the Safety of Life at Sea, 1960 (SOLAS 60)
and on each cargo vessel meeting the requirements of SOLAS 74 as amended
in 1981, the number of steering-gear power units necessary to move the
rudder from 35[deg] on either side to 30[deg] on the other in not more
than 28 seconds must be in simultaneous operation.
[CGD 74-77, 42 FR 5956, Jan. 31, 1977, as amended by CGD 83-004, 49 FR
43466, Oct. 29, 1984; CGD 91-203, 58 FR 27633, May 10, 1993; CGD 83-043,
60 FR 24771, May 10, 1995]
Sec. 164.13 Navigation underway: tankers.
(a) As used in this section, ``tanker'' means a self-propelled tank
vessel, including integrated tug barge combinations, constructed or
adapted primarily to carry oil or hazardous material in bulk in the
cargo spaces and inspected and certificated as a tanker.
(b) Each tanker must have an engineering watch capable of monitoring
the propulsion system, communicating with the bridge, and implementing
manual control measures immediately when necessary. The watch must be
physically present in the machinery spaces or in the main control space
and must consist of at least a licensed engineer.
(c) Each tanker must navigate with at least two licensed deck
officers on watch on the bridge, one of whom may be a pilot. In waters
where a pilot is required, the second officer, must be an individual
licensed and assigned to the vessel as master, mate, or officer in
charge of a navigational watch, who is separate and distinct from the
pilot.
(d) Except as specified in paragraph (e) of this section, a tanker
may operate with an auto pilot engaged only if all of the following
conditions exist:
(1) The operation and performance of the automatic pilot conforms
with the standards recommended by the International Maritime
Organization in IMO Resolution A.342(IX).
(2) A qualified helmsman is present at the helm and prepared at all
times to assume manual control.
(3) The tanker is not operating in any of the following areas:
(i) The areas of the traffic separation schemes specified in
subchapter P of this chapter.
(ii) The portions of a shipping safety fairway specified in part 166
of this chapter.
(iii) An anchorage ground specified in part 110 of this chapter.
(iv) An area within one-half nautical mile of any U.S. shore.
(e) A tanker equipped with an integrated navigation system, and
complying with paragraph (d)(2) of this section, may use the system with
the auto pilot engaged while in the areas described in paragraphs (d)(3)
(i) and (ii) of this section. The master shall provide, upon request,
documentation showing that the integrated navigation system--
(1) Can maintain a predetermined trackline with a cross track error
of less than 10 meters 95 percent of the time;
(2) Provides continuous position data accurate to within 20 meters
95 percent of the time; and
(3) Has an immediate override control.
[CGD 91-203, 58 FR 27633, May 10, 1993, as amended by CGD 91-203, 58 FR
36141, July 6, 1993]
Sec. 164.15 Navigation bridge visibility.
(a) The arrangement of cargo, cargo gear, and trim of all vessels
entering or departing from U.S. ports must be such that the field of
vision from the navigation bridge conforms as closely as possible to the
following requirements:
(1) From the conning position, the view of the sea surface must not
be obscured by more than the lesser of two hip lengths or 500 meters
(1640 feet) from dead ahead to 10 degrees on either side of the vessel.
Within this arc of visibility any blind sector caused by cargo, cargo
gear, or other permanent obstruction must not exceed 5 degrees.
(2) From the conning position, the horizontal field of vision must
extend
[[Page 618]]
over an arc from at least 22.5 degrees abaft the beam on one side of the
vessel, through dead ahead, to at least 22.5 degrees abaft the beam on
the other side of the vessel. Blind sectors forward of the beam caused
by cargo, cargo gear, or other permanent obstruction must not exceed 10
degrees each, nor total more than 20 degrees, including any blind sector
within the arc of visibility described in paragraph (a)(1) of this
section.
(3) From each bridge wing, the field of vision must extend over an
arc from at least 45 degrees on the opposite bow, through dead ahead, to
at least dead astern.
(4) From the main steering position, the field of vision must extend
over an arc from dead ahead to at least 60 degrees on either side of the
vessel.
(b) A clear view must be provided through at least two front windows
at all times regardless of weather conditions.
[CGD 85-099, 55 FR 32247, Aug. 8, 1990]
Sec. 164.19 Requirements for vessels at anchor.
The master or person in charge of each vessel that is anchored shall
ensure that:
(a) A proper anchor watch is maintained;
(b) Procedures are followed to detect a dragging anchor; and
(c) Whenever weather, tide, or current conditions are likely to
cause the vessel's anchor to drag, action is taken to ensure the safety
of the vessel, structures, and other vessels, such as being ready to
veer chain, let go a second anchor, or get underway using the vessel's
own propulsion or tug assistance.
[CGD 74-77, 42 FR 5956, Jan. 31, 1977]
Sec. 164.25 Tests before entering or getting underway.
(a) Except as provided in paragraphs (b) and (c) of this section no
person may cause a vessel to enter into or get underway on the navigable
waters of the United States unless no more than 12 hours before entering
or getting underway, the following equipment has been tested:
(1) Primary and secondary steering gear. The test procedure includes
a visual inspection of the steering gear and its connecting linkage,
and, where applicable, the operation of the following:
(i) Each remote steering gear control system.
(ii) Each steering position located on the navigating bridge.
(iii) The main steering gear from the alternative power supply, if
installed.
(iv) Each rudder angle indicator in relation to the actual position
of the rudder.
(v) Each remote steering gear control system power failure alarm.
(vi) Each remote steering gear power unit failure alarm.
(vii) The full movement of the rudder to the required capabilities
of the steering gear.
(2) All internal vessel control communications and vessel control
alarms.
(3) Standby or emergency generator, for as long as necessary to show
proper functioning, including steady state temperature and pressure
readings.
(4) Storage batteries for emergency lighting and power systems in
vessel control and propulsion machinery spaces.
(5) Main propulsion machinery, ahead and astern.
(b) Vessels navigating on the Great Lakes and their connecting and
tributary waters, having once completed the test requirements of this
subpart, are considered to remain in compliance until arriving at the
next port of call on the Great Lakes.
(c) Vessels entering the Great Lakes from the St. Lawrence Seaway
are considered to be in compliance with this sub-part if the required
tests are conducted preparatory to or during the passage of the St.
Lawrence Seaway or within one hour of passing Wolfe Island.
(d) No vessel may enter, or be operated on the navigable waters of
the United States unless the emergency steering drill described below
has been conducted within 48 hours prior to entry and logged in the
vessel logbook, unless the drill is conducted and logged on a regular
basis at least once every three months. This drill must include at a
minimum the following:
[[Page 619]]
(1) Operation of the main steering gear from within the steering
gear compartment.
(2) Operation of the means of communications between the navigating
bridge and the steering compartment.
(3) Operation of the alternative power supply for the steering gear
if the vessel is so equipped.
(92 Stat. 1471 (33 U.S.C. 1221 et seq.); 49 CFR 1.46(n)(4))
[CGD 77-183, 45 FR 18925, Mar. 24, 1980, as amended by CGD 83-004, 49 FR
43466, Oct. 29, 1984]
Sec. 164.30 Charts, publications, and equipment: General.
No person may operate or cause the operation of a vessel unless the
vessel has the marine charts, publications, and equipment as required by
Sec. Sec. 164.33 through 164.41 of this part.
[CGD 82-055, 48 FR 44535, Sept. 29, 1983]
Sec. 164.33 Charts and publications.
(a) Each vessel must have the following:
(1) Marine charts of the area to be transited, published by the
National Ocean Service, U.S. Army Corps of Engineers, or a river
authority that--
(i) Are of a large enough scale and have enough detail to make safe
navigation of the area possible; and
(ii) Are currently corrected.
(2) For the area to be transited, a currently corrected copy of, or
applicable currently corrected extract from, each of the following
publications:
(i) U.S. Coast Pilot.
(ii) Coast Guard Light List.
(3) For the area to be transited, the current edition of, or
applicable current extract from:
(i) Tide tables published by private entities using data provided by
the National Ocean Service.
(ii) Tidal current tables published by private entities using data
provided by the National Ocean Service, or river current publication
issued by the U.S. Army Corps of Engineers, or a river authority.
(b) As an alternative to the requirements for paragraph (a) of this
section, a marine chart or publication, or applicable extract, published
by a foreign government may be substituted for a U.S. chart and
publication required by this section. The chart must be of large enough
scale and have enough detail to make safe navigation of the area
possible, and must be currently corrected. The publication, or
applicable extract, must singly or in combination contain similar
information to the U.S. Government publication to make safe navigation
of the area possible. The publication, or applicable extract must be
currently corrected, with the exceptions of tide and tidal current
tables, which must be the current editions.
(c) As used in this section, ``currently corrected'' means corrected
with changes contained in all Notices to Mariners published by the
National Imagery and Mapping Agency, or an equivalent foreign government
publication, reasonably available to the vessel, and that is applicable
to the vessel's transit.
[CGD 82-055, 48 FR 44535, Sept. 29, 1983, as amended by USCG-2001-9286,
66 FR 33641, June 25, 2001]
Sec. 164.35 Equipment: All vessels.
Each vessel must have the following:
(a) A marine radar system for surface navigation.
(b) An illuminated magnetic steering compass, mounted in a binnacle,
that can be read at the vessel's main steering stand.
(c) A current magnetic compass deviation table or graph or compass
comparison record for the steering compass, in the wheelhouse.
(d) A gyrocompass.
(e) An illuminated repeater for the gyrocompass required by
paragraph (d) of this section that is at the main steering stand, unless
that gyrocompass is illuminated and is at the main steering stand.
(f) An illuminated rudder angle indicator in the wheelhouse.
(g) The following maneuvering information prominently displayed on a
fact sheet in the wheelhouse:
(1) A turning circle diagram to port and starboard that shows the
time and distance and advance and transfer required to alter course 90
degrees with maximum rudder angle and constant power settings, for
either full and half speeds, or for full and slow speeds. For
[[Page 620]]
vessels whose turning circles are essentially the same for both
directions, a diagram showing a turning circle in one direction, with a
note on the diagram stating that turns to port and starboard are
essentially the same, may be substituted.
(2) The time and distance to stop the vessel from either full and
half speeds, or from full and slow speeds, while maintaining
approximately the initial heading with minimum application of the
rudder.
(3) For each vessel with a fixed propeller, a table of shaft
revolutions per minute for a representative range of speeds.
(4) For each vessel with a controllable pitch propeller, a table of
control settings for a representative range of speeds.
(5) For each vessel that is fitted with an auxiliary device to
assist in maneuvering, such as a bow thruster, a table of vessel speeds
at which the auxiliary device is effective in maneuvering the vessel.
(6) The maneuvering information for the normal load and normal
ballast condition for:
(i) Calm weather--wind 10 knots or less, calm sea;
(ii) No current;
(iii) Deep water conditions--water depth twice the vessel's draft or
greater; and
(iv) Clean hull.
(7) At the bottom of the fact sheet, the following statement:
warning
The response of the (name of the vessel) may be different from that
listed above if any of the following conditions, upon which the
maneuvering information is based, are varied:
(1) Calm weather--wind 10 knots or less, calm sea;
(2) No current;
(3) Water depth twice the vessel's draft or greater;
(4) Clean hull; and
(5) Intermediate drafts or unusual trim.
(h) An echo depth sounding device.
(i) A device that can continuously record the depth readings of the
vessel's echo depth sounding device, except when operating on the Great
Lakes and their connecting and tributary waters.
(j) Equipment on the bridge for plotting relative motion.
(k) Simple operating instructions with a block diagram, showing the
change-over procedures for remote steering gear control systems and
steering gear power units, permanently displayed on the navigating
bridge and in the steering gear compartment.
(l) An indicator readable from the centerline conning position
showing the rate of revolution of each propeller, except when operating
on the Great Lakes and their connecting and tributary waters.
(m) If fitted with controllable pitch propellers, an indicator
readable from the centerline conning position showing the pitch and
operational mode of such propellers, except when operating on the Great
Lakes and their connecting and tributary waters.
(n) If fitted with lateral thrust propellers, an indicator readable
from the centerline conning position showing the direction and amount of
thrust of such propellers, except when operating on the Great Lakes and
their connecting and tributary waters.
(o) A telephone or other means of communication for relaying
headings to the emergency steering station. Also, each vessel of 500
gross tons and over and constructed on or after June 9, 1995 must be
provided with arrangements for supplying visual compass-readings to the
emergency steering station.
(92 Stat. 1471 (33 U.S.C. 1221 et seq.); 49 CFR 1.46(n)(4))
[CGD 74-77, 42 FR 5956, Jan. 31, 1977, as amended by CGD 77-183, 45 FR
18925, Mar. 24, 1980; CGD 83-004, 49 FR 43466, Oct. 29, 1984; CGD 83-
043, 60 FR 24771, May 10, 1995; 60 FR 28834, June 2, 1995]
Sec. 164.37 Equipment: Vessels of 10,000 gross tons or more.
(a) Each vessel of 10,000 gross tons or more must have, in addition
to the radar system under Sec. 164.35(a), a second marine radar system
that operates independently of the first.
Note: Independent operation means two completely separate systems,
from separate branch power supply circuits or distribution panels to
antennas, so that failure of any component of one system will not render
the other system inoperative.
[[Page 621]]
(b) On each tanker of 10,000 gross tons or more that is subject to
46 U.S.C. 3708, the dual radar system required by this part must have a
short range capability and a long range capability; and each radar must
have true north features consisting of a display that is stabilized in
azimuth.
(Titles I and II, 86 Stat. 426, 427 (33 U.S.C. 1224; 46 U.S.C. 391(a);
49 CFR 1.46(n)(4))
[CGD 77-016, 43 FR 32112, July 24, 1978, as amended by CGD 79-033, 44 FR
26741, May 7, 1979; CGD 79-033, 47 FR 34389, Aug. 9, 1982; USCG-1998-
3799, 63 FR 35532, June 30, 1998]
Sec. 164.38 Automatic radar plotting aids (ARPA).
(a) The following definitions are used in this section--
Bulk means material in any quantity that is shipped, stored, or
handled without benefit of package, label, mark or count and carried in
integral or fixed independent tanks.
Constructed means a stage of construction where--
(1) The keel is laid;
(2) Construction identifiable with a specific ship begins; or
(3) Assembly of that ship has commenced comprising at least 50 tons
or 1 percent of the estimated mass of all structural material, whichever
is less.
Hazardous material means--
(1) A flammable liquid as defined in 46 CFR 30.10-22 or a
combustible liquid as defined in 46 CFR 30.10-15;
(2) A material listed in table 151.05 of 46 CFR 151.05, table 1 of
46 CFR 153, or table 4 of 46 CFR Part 154; or
(3) A liquid, liquefied gas, or compressed gas listed in 49 CFR
172.101.
Self-propelled vessel includes those combinations of pushing vessel
and vessel being pushed ahead which are rigidly connected in a composite
unit and are required by Rule 24(b) of the International Regulations for
Preventing Collisions at Sea, 1972 (72 COLREGS) (App. A to 33 CFR Part
81) to exhibit the lights prescribed in Rule 23 for a ``Power Driven
Vessel Underway''.
Tank vessel means a vessel that is constructed or adapted to carry;
or carries, oil or hazardous materials in bulk as cargo or cargo
residue.
(b) An Automatic Radar Plotting Aid (ARPA) that complies with the
standard for such devices adopted by the International Maritime
Organization in its ``Operational Standards for Automatic Radar Plotting
Aids'' (Appendix A), and that has both audible and visual alarms, must
be installed as follows:
(1) Each self-propelled vessel, except a public vessel, of 10,000
gross tons or more carrying oil or hazardous materials in bulk as cargo
or in residue on the navigable waters of the United States, or which
transfers oil or hazardous materials in any port or place subject to the
jurisdiction of the United States, must be equipped with an ARPA.
(2) Each tank vessel of 10,000 gross tons or more operating on the
navigable waters of the United States must be equipped with an ARPA.
(3) Each self-propelled vessel of 15,000 gross tons or more that is
not a tank vessel, and is not carrying oil or hazardous material in bulk
as cargo or in residue operating on the navigable waters of the United
States, and was constructed before September 1, 1984, must be equipped
with an ARPA, except when it is operating on the Great Lakes and their
connecting and tributary waters.
(4) Each vessel of 10,000 gross tons or more, except when operating
on the Great Lakes and their connecting and tributary waters,
constructed on or after September 1, 1984 must be equipped with an ARPA.
(c) [Reserved]
(d)(1) Each device required under paragraph (b) of this section must
have a permanently affixed label containing:
(i) The name and address of the manufacturer; and
(ii) The following statement:
``This device was designed and manufactured to comply with the
International Maritime Organization (IMO) `Performance Standards for
Automatic Radar Plotting Aids (ARPA).' ''
(2) Each device allowed under paragraph (c) of this section must
have a permanently affixed label containing;
(i) The name and address of the manufacturer; and
(ii) The following statement:
[[Page 622]]
``This device was designed and manufactured to comply with the U.S.
Maritime Administration's `Collision Avoidance System Specification.' ''
Appendix A to Sec. 164.38--Performance Standards For Automatic Radar
Plotting Aids (ARPA)
1 Introduction
1.1 The Automatic Radar Plotting Aids (ARPA) should, in order to
improve the standard of collision avoidance at sea:
.1 Reduce the work-load of observers by enabling them to
automatically obtain information so that they can perform as well with
multiple targets as they can by manually plotting a single target; and
.2 Provide continuous, accurate and rapid situation evaluation.
1.2 In addition to the General Requirements for Electronic
Navigational Aids ([IMO] Res. A.281(VII)), the ARPA should comply with
the following minimum performance standards.
2 Definitions
2.1 Definitions of terms in these performance standards are given in
Annex 1.
3 Performance Standards
3.1 Detection
3.1.1 Where a separate facility is provided for detection of
targets, other than by the radar observer, it should have a performance
not inferior to that which could be obtained by the use of the radar
display.
3.2 Acquisition
3.2.1 Target acquisition may be manual or automatic. However, there
should always be a facility to provide for manual acquisition and
cancellation. ARPA with automatic acquisition should have a facility to
suppress acquisition in certain areas. On any range scale where
acquisition is suppressed over a certain area, the area of acquisition
should be indicated on the display.
3.2.2 Automatic or manual acquisition should have a performance not
inferior to that which could be obtained by the user of the radar
display.
3.3 Tracking
3.3.1 The ARPA should be able to automatically track, process,
simultaneously display and continuously update the information on at
least:
.1 20 targets, if automatic acquisition is provided, whether
automatically or manually acquired; or
.2 10 targets, if only manual acquisition is provided.
3.3.2 If automatic acquisition is provided, description of the
criteria of selection of targets for tracking should be provided to the
user. If the ARPA does not track all targets visible on the display,
targets which are being tracked should be clearly indicated on the
display. The reliability of tracking should not be less than that
obtainable using manual recording of successive target positions
obtained from the radar display.
3.3.3 Provided the target is not subject to target swop, the ARPA
should continue to track an acquired target which is clearly
distinguishable on the display for 5 out of 10 consecutive scans.
3.3.4 The possibility of tracking errors, including target swop,
should be minimized by ARPA design. A qualitative description of the
effects of error sources on the automatic tracking and corresponding
errors should be provided to the user, including the effects of low
signal to noise and low signal to clutter ratios caused by sea returns,
rain, snow, low clouds and non-synchronous emission.
3.3.5 The ARPA should be able to display on request at least four
equally time-spaced past positions of any targets being tracked over a
period of at least eight minutes.
3.4 Display
3.4.1 The Display may be a separate or integral part of the ship's
radar. However, the ARPA display should include all the data required to
be provided by a radar display in accordance with the performance
standards for navigational radar equipment adopted by the Organization.
3.4.2 The design should be such that any malfunction of ARPA parts
producing information additional to information to be produced by the
radar as required by the performance standards for navigational
equipment adopted by IMO should not affect the integrity of the basic
radar presentation.
3.4.3 The display on which ARPA information is presented should have
an effective diameter of at least 340 mm.
3.4.4 The ARPA facilities should be available on at least the
following range scales:
.1 12 or 16 miles;
.2 3 or 4 miles.
3.4.5 There should be a positive indication of the range scale in
use.
3.4.6 The ARPA should be capable of operating with a relative motion
display with ``north-up'' and either ``head-up'' or ``course-up''
azimuth stabilization. In addition, the ARPA may also provide for a true
motion display. If true motion is provided, the operator should be able
to select for his display either true or relative motion. There should
be a positive indication of the display mode and orientation in use.
3.4.7 The course and speed information generated by the ARPA for
acquired targets should be displayed in a vector or graphic form which
clearly indicates the target's predicted motion. In this regard:
.1 ARPA presenting predicted information in vector form only should
have the option of both true and relative vectors;
[[Page 623]]
.2 An ARPA which is capable of presenting target course and speed
information in graphic form, should also, on request, provide the
target's true and/or relative vector;
.3 Vectors displayed should be either time adjustable or have a
fixed time-scale;
.4 A positive indication of the time-scale of the vector in use
should be given.
3.4.8 The ARPA information should not obscure radar information in
such a manner as to degrade the process of detecting targets. The
display of ARPA data should be under the control of the radar observer.
It should be possible to cancel the display of unwanted ARPA data.
3.4.9 Means should be provided to adjust independently the
brilliance of the ARPA data and radar data, including complete
elimination of the ARPA data.
3.4.10 The method of presentation should ensure that the ARPA data
is clearly visible in general to more than one observer in the
conditions of light normally experienced on the bridge of a ship by day
and by night. Screening may be provided to shade the display from
sunlight but not to the extent that it will impair the observer's
ability to maintain a proper lookout. Facilities to adjust the
brightness should be provided.
3.4.11 Provisions should be made to obtain quickly the range and
bearing of any object which appears on the ARPA display.
3.4.12 When a target appears on the radar display and, in the case
of automatic acquisition, enters within the acquisition area chosen by
the observer or, in the case of manual acquisition, has been acquired by
the observer, the ARPA should present in a period of not more than one
minute an indication of the target's motion trend and display within
three minutes the target's predicted motion in accordance with
paragraphs 3.4.7, 3.6, 3.8.2 and 3.8.3.
3.4.13 After changing range scales on which the ARPA facilities are
available or resetting the display, full plotting information should be
displayed within a period of time not exceeding four scans.
3.5 Operational Warnings
3.5.1 The ARPA should have the capability to warn the observer with
a visual and/or audible signal of any distinguishable target which
closes to a range or transits a zone chosen by the observer. The target
causing the warning should be clearly indicated on the display.
3.5.2 The ARPA should have the capability to warn the observer with
a visual and/or audible signal of any tracked target which is predicted
to close to within a minimum range and time chosen by the observer. The
target causing the warning should be clearly indicated on the display.
3.5.3 The ARPA should clearly indicate if a tracked target is lost,
other than out of range, and the target's last tracked position should
be clearly indicated on the display.
3.5.4 It should be possible to activate or de-activate the
operational warnings.
3.6 Data Requirements
3.6.1 At the request of the observer the following information
should be immediately available from the ARPA in alphanumeric form in
regard to any tracked target:
1. Present range to the target;
2. Present bearing of the target;.
.3 Predicted target range at the closest point of approach (CPA);
.4 Predicted time to CPA (TCPA);
.5 Calculated true course of target;
.6 Calculated true speed of target.
3.7 Trial Manoeuvre
3.7.1 The ARPA should be capable of simulating the effect on all
tracked targets of an own ship manoeuvre without interrupting the
updating of target information. The simulation should be initiated by
the depression either of a spring-loaded switch, or of a function key,
with a positive identification on the display.
3.8 Accuracy
3.8.1 The ARPA should provide accuracies not less than those given
in paragraphs 3.8.2 and 3.8.3 for the four scenarios defined in Annex 2.
With the sensor errors specified in Annex 3, the values given relate to
the best possible manual plotting performance under environmental
conditions of plus and minus ten degrees of roll.
3.8.2 An ARPA should present within one minute of steady state
tracking the relative motion trend of a target with the following
accuracy values (95 percent probability values):
------------------------------------------------------------------------
Relative Relative
Scenario/data course speed CPA (n.m.)
(degrees) (Knots)
------------------------------------------------------------------------
1................................ 11 2.8 1.6
2................................ 7 0.6 ...........
3................................ 14 2.2 1.8
4................................ 15 1.5 2.0
------------------------------------------------------------------------
3.8.3 An ARPA should present within three minutes of steady state
tracking the motion of a target with the following accuracy values (95
percent probability values):
----------------------------------------------------------------------------------------------------------------
Relative Relative True
Scenario/data course speed C.P.A. TCPA course True speed
(degrees) (knots) (n.m.) (mins) (degrees) (knots)
----------------------------------------------------------------------------------------------------------------
1....................................... 3.0 0.8 0.5 1.0 7.5 1.2
2....................................... 2.3 .3 .......... .......... 2.9 .8
3....................................... 4.4 .9 .7 1.0 3.3 1.0
[[Page 624]]
4....................................... 4.6 .8 .7 1.0 2.6 1.2
----------------------------------------------------------------------------------------------------------------
3.8.4 When a tracked target, or own ship, has completed a manoeuvre,
the system should present in a period of not more than one minute an
indication of the target's motion trend, and display within three
minutes the target's predicted motion in accordance with paragraphs
3.4.7, 3.6, 3.8.2 and 3.8.3
3.8.5 The ARPA should be designed in such a manner that under the
most favorable conditions of own ship motion the error contribution from
the ARPA should remain insignificant compared to the errors associated
with the input sensors, for scenarios of Annex 2.
3.9 Connections with other equipment
3.9.1 The ARPA should not degrade the performance of any equipment
providing sensor inputs. The connection of the ARPA to any other
equipment should not degrade the performance of that equipment.
3.10 Performance test and warnings
3.10.1 The ARPA should provide suitable warnings of ARPA malfunction
to enable the observer to monitor the proper operation of the system.
Additionally test programmes should be available so that the overall
performance of ARPA can be assessed periodically against a known
solution.
3.11 Equipment used with ARPA
3.11.1 Log and speed indicators providing inputs to ARPA equipment
should be capable of providing the ship's speed through the water.
Annex 1 to Appendix A--Definitions of Terms To Be Used Only in
Connection With ARPA Performance Standards
Relative course--The direction of motion of a target related to own
ship as deduced from a number of measurements of its range and bearing
on the radar. Expressed as an angular distance from North.
Relative speed--The speed of a target related to own ship, as
deduced from a number of measurements of its range and bearing on the
radar.
True course--The apparent heading of a target obtained by the
vectorial combination of the target's relative motion and ship's own
motion \1\. Expressed as an angular distance from North.
---------------------------------------------------------------------------
\1\ For the purpose of these definitions there is no need to
distinguish between sea or ground stabilization.
---------------------------------------------------------------------------
True speed--The speed of a target obtained by the vectorial
combination of its relative motion and own ship's motion \1\.
Bearing--The direction of one terrestrial point from another.
Expressed as an angular distance from North.
Relative motion display--The position of own ship on such a display
remains fixed.
True motion display--The position of own ship on such display moves
in accordance with its own motion.
Azimuth stabilization--Own ship's compass information is fed to the
display so that echoes of targets on the display will not be caused to
smear by changes of own ship's heading.
/North-up--The line connecting the center with the top of this display
is North.
/Head-up--The line connecting the center with the top of the display is
own ship heading.
/Course-up--An intended course can be set to the line connecting the
center with the top of the display.
Heading--The direction in which the bow of a vessel is pointing.
Expressed as an angular distance from North.
Target's predicted motion--The indication on the display of a liner
extrapolation into the future of a target's motion, based on
measurements of the target's range and bearing on the radar in the
recent past.
Target's motion trend--An early indication of the target's predicted
motion.
Radar Plotting--The whole process of target detection, tracking,
calculation of parameters and display of information.
Detection--The recognition of the presence of a target.
Acquisition--The selection of those targets requiring a tracking
procedure and the initiation of their tracking.
Tracking--The process of observing the sequential changes in the
position of a target, to establish its motion.
Display--The plan position presentation of ARPA data with radar
data.
Manual--An activity which a radar observer performs, possibly with
assistance from a machine.
Automatic--An activity which is performed wholly by a machine.
Annex 2 to Appendix A--Operational Scenarios
For each of the following scenarios predictions are made at the
target position defined after previously tracking for the appropriate
time of one or three minutes:
Scenario 1
Own ship course--000[deg]
[[Page 625]]
Own ship speed--10 kt
Target range--8 n.m.
Bearing of target--000[deg]
Relative course of target--180[deg]
Relative speed of target--20 kt
Scenario 2
Own ship course--000[deg]
Own ship speed--10 kt
Target range--1 n.m.
Bearing of target--000[deg]
Relative course of target--090[deg]
Relative speed of target--10 kt
Scenario 3
Own ship course--000[deg]
Own ship speed--5 kt
Target range--8 n.m.
Bearing of target--045[deg]
Relative course of target--225[deg]
Relative speed of target--20 kt
Scenario 4
Own ship course--000[deg]
Own ship speed--25 kt
Target range--8 n.m.
Bearing of target--045[deg]
Relative course of target--225[deg]
Relative speed of target--20 kt
Annex 3 to Appendix A--Sensor Errors
The accuracy figures quoted in paragraph 3.8 are based upon the
following sensor errors and are appropriate to equipment complying with
the Organization's performance standards for shipborne navigational
equipment.\2\
---------------------------------------------------------------------------
\2\ In calculations leading to the accuracy figures quoted in
paragraph 3.8, these sensor error sources and magnitudes were used. They
were arrived at during discussions with national government agencies and
equipment manufacturers and are appropriate to equipments complying with
the Organization's draft performance standards for radar equipment
(preliminary) (NAV XXII/WP.14), gyro compasses (NAV XXI/9, Annex X) and
logs (preliminary) (NAV XXII/WP.15).
Independent studies carried out by national government agencies and
equipment manufacturers have resulted in similar accuracies, where
comparisons were made.
Note: o means ``standard deviation''
Radar
Target Glint (Scintillation) (for 200 m length target)
Along length of target o = 30 m. (normal distribution)
Across beam of target o = 1 m. (normal distribution)
Roll-Pitch Bearing. The bearing error will peak in each of the four
quadrants around own ship for targets on relative bearings of 045[deg],
135[deg], 225[deg] and 315[deg] and will be zero at relative bearings of
0[deg], 90[deg], 180[deg] and 270[deg]. This error has a sinusoidal
variation at twice the roll frequency. For a 10[deg] roll the mean error
is 0.22[deg] with a 0.22[deg] peak sine wave superimposed.
Beam shape--assumed normal distribution giving bearing error with o
= 0.05.
Pulse shape-- assumed normal distribution giving range error with o
= 20 meters.
Antenna backlash--assumed rectangular distribution giving bearing
error 0.5 maximum.
Quantization
Bearing--rectangular distribution 0.01[deg]
maximum.
Range--rectangular distribution 0.01 n.m.
maximum.
Bearing encoder assumed to be running from a remote synchro giving
bearing errors with a normal distribution o = 0.03[deg]
Gyro compass
Calibration error 0.5[deg].
Normal distribution about this with o = 0.12[deg].
Log
Calibration error 0.5 kt.
Normal distribution about this, 3 o = 0.2 kt.
Appendix B to Sec. 164.38--U.S. Maritime Administration Collision
Avoidance System Specification
A collision system designed as a supplement to both surface search
navigational radars via interswitching shall be installed. The system
shall provide unattended monitoring of all radar echoes and automatic
audio and visual alarm signals that will alert the watch officer of a
possible threat. The display shall be contained within a console capable
of being installed adjacent to the radar displays in the wheelhouse and
may form a part of the bridge console.
Provision for signal input from the ship's radars, gyro compass, and
speed log, without modification to these equipments shall be made. The
collision avoidance system, whether operating normally or having failed,
must not introduce any spurious signals or otherwise degrade the
performance of the radars, the gyro compass or the speed log.
Computer generated display data for each acquired target shall be in
the form of a line or vector indicating true or relative target course,
speed and both present and extrapolated future positions. Data shall be
automatically displayed on a cathode ray tube or other suitable display
contrivance sufficiently bright and unobstructed to permit viewing by
more than one person at a time.
In addition to displaying the collision potential of the most
threatening fixed and
[[Page 626]]
moving targets, the system shall be capable of simultaneously showing
land masses.
The system display shall include a heading indication and bearing
ring. The system shall also have the capability of allowing the operator
to select ``head-up'' and to cancel the vector or line presentation of
any of the targets. The presentation shall be non-smearing when changing
modes or display scales in order to permit rapid evaluation of the
displayed data.
Target acquisition, for display data purposes, may be manual,
automatic or both, as specified by Owner.
For any manual acquisition system the alarms shall be initiated by a
preset minimum range; and likewise for any automatic acquisition system
the alarms shall be initiated by a preset minimum acceptable passing
distance (CPA--Closest Point of Approach) and a preset advance warning
time (TCPA--Time to Closest Point of Approach). Means shall be provided
to silence the audio alarm for a given threat but the alarm shall
resound upon a subsequent threat. The visual alarm shall continue to
operate until all threats have been eliminated. If the collision
avoidance system fails to perform as indicated above, after the system
is set for unattended monitoring, the system shall produce both audio
and visual warning alarms.
The system shall be capable of simulating a trial maneuver.
In addition to the target display, an alpha-numeric readout shall be
provided which can present range, bearing, course, speed, CPA and TCPA
for any selected target, either on the target display or by other
display means.
The collision avoidance system shall be energized from the interior
communications panel board in the wheelhouse.
The collision avoidance function may be incorporated in an
integrated conning system, provided that failure of any other integrated
system component will not degrade the collision avoidance function.
[CGD 79-148, 45 FR 54039, Aug. 14, 1980; 45 FR 71800, Oct. 30, 1980, as
amended by CGD 83-004, 49 FR 43467, Oct. 29, 1984; USCG-1998-3799, 63 FR
35532, June 30, 1998]
Sec. 164.39 Steering gear: Foreign tankers.
(a) This section applies to each foreign tanker of 10,000 gross tons
or more, except a public vessel, that--
(1) Transfers oil at a port or place subject to the jurisdiction of
the United States; or
(2) Otherwise enters or operates in the navigable waters of the
United States, except a vessel described by Sec. 164.02 of this part.
(b) Definitions. The terms used in this section are as follows:
Constructed means the same as in Chapter II-1, Regulations 1.1.2 and
1.1.3.1, of SOLAS 74.
Existing tanker means a tanker--
(1) For which the building contract is placed on or after June 1,
1979;
(2) In the absence of a building contract, the keel of which is laid
or which is at a similar stage of construction on or after January 1,
1980;
(3) The delivery of which occurs on or after June 1, 1982; or
(4) That has undergone a major conversion contracted for on or after
June 1, 1979; or construction of which was begun on or after January 1,
1980, or completed on or after June 1, 1982.
Public vessel, oil, hazardous materials, and foreign vessel mean the
same as in 46 U.S.C. 2101.
SOLAS 74 means the International Convention for the Safety of Life
at Sea, 1974, as amended.
Tanker means a self-propelled vessel defined as a tanker by 46
U.S.C. 2101(38) or as a tank vessel by 46 U.S.C. 2101(39).
(c) Each tanker constructed on or after September 1, 1984, must meet
the applicable requirements of Chapter II-1, Regulations 29 and 30, of
SOLAS 74.
(d) Each tanker constructed before September 1, 1984, must meet the
requirements of Chapter II-1, Regulation 29.19, of SOLAS 74.
(e) Each tanker of 40,000 gross tons or more, constructed before
September 1, 1984, that does not meet the single-failure criterion of
Chapter II-1, Regulation 29.16, of SOLAS 74, must meet the requirements
of Chapter II-1, Regulation 29.20, of SOLAS 74.
(f) Each tanker constructed before September 1, 1984, must meet the
applicable requirements of Chapter II-1, Regulations 29.14 and 29.15, of
SOLAS 74.
[CGD 83-043, 60 FR 24771, May 10, 1995]
Sec. 164.40 Devices to indicate speed and distance.
(a) Each vessel required to be fitted with an Automatic Radar
Plotting Aid (ARPA) under Sec. 164.38 of this part must be fitted with
a device to indicate speed and distance of the vessel either through the
water or over the ground.
[[Page 627]]
(b) The device must meet the following specifications:
(1) The display must be easily readable on the bridge by day or
night.
(2) Errors in the indicated speed, when the vessel is operating free
from shallow water effect, and from the effects of wind, current, and
tide, should not exceed 5 percent of the speed of the vessel, or 0.5
knot, whichever is greater.
(3) Errors in the indicated distance run, when the vessel is
operating free from shallow water effect, and from the effects of wind,
current, and tide, should not exceed 5 percent of the distance run of
the vessel in one hour or 0.5 nautical mile in each hour, whichever is
greater.
[CGD 83-004, 49 FR 43467, Oct. 29, 1984, as amended by USCG-1998-3799,
63 FR 35532, June 30, 1998]
Sec. 164.41 Electronic position fixing devices.
(a) Each vessel calling at a port in the continental United States,
including Alaska south of Cape Prince of Wales, except each vessel owned
or bareboat chartered and operated by the United States, or by a state
or its political subdivision, or by a foreign nation, and not engaged in
commerce, must have one of the following:
(1) A Type I or II LORAN C receiver as defined in Section 1.2(e),
meeting Part 2 (Minimum Performance Standards) of the Radio Technical
Commission for Marine Services (RTCM) Paper 12-78/DO-100 dated December
20, 1977, entitled ``Minimum Performance Standards (MPS) Marine Loran-C
Receiving Equipment''. Each receiver installed must be labeled with the
information required under paragraph (b) of this section.
(2) A satellite navigation receiver with:
(i) Automatic acquisition of satellite signals after initial
operator settings have been entered; and
(ii) Position updates derived from satellite information during each
usable satellite pass.
(3) A system that is found by the Commandant to meet the intent of
the statements of availability, coverage, and accuracy for the U.S.
Coastal Confluence Zone (CCZ) contained in the U.S. ``Federal
Radionavigation Plan'' (Report No. DOD-NO 4650.4-P, I or No. DOT-TSC-
RSPA-80-16, I). A person desiring a finding by the Commandant under this
subparagraph must submit a written application describing the device to
the Assistant Commandant for Operations, 2100 Second Street SW.,
Washington, DC 20593-0001. After reviewing the application, the
Commandant may request additional information to establish whether or
not the device meets the intent of the Federal Radionavigation Plan.
Note: The Federal Radionavigation Plan is available from the
National Technical Information Service, Springfield, Va. 22161, with the
following Government Accession Numbers:
Vol 1, ADA 116468
Vol 2, ADA 116469
Vol 3, ADA 116470
Vol 4, ADA 116471
(b) Each label required under paragraph (a)(1) of this section must
show the following:
(1) The name and address of the manufacturer.
(2) The following statement by the manufacturer:
This receiver was designed and manufactured to meet Part 2 (Minimum
Performance Standards) of the RTCM MPS for Marine Loran-C Receiving
Equipment.
(Sec. 12, 92 Stat. 1477 (33 U.S.C. 1231); 49 CFR 1.46(n)(4))
[CGD 81-081, 47 FR 58244, Dec. 30, 1982, as amended by CGD 88-052, 53 FR
25122, July 1, 1988; CGD 96-026, 61 FR 33669, June 28, 1996; CGD 97-023,
62 FR 33365, June 19, 1997; USCG-1998-3799, 63 FR 35532, June 30, 1998]
Sec. 164.42 Rate of turn indicator.
Each vessel of 100,000 gross tons or more constructed on or after
September 1, 1984 shall be fitted with a rate of turn indicator.
[CGD 83-004, 49 FR 43468, Oct. 29, 1984]
Sec. 164.43 Automatic Identification System Shipborne Equipment--Prince
William Sound.
(a) Until December 31, 2004, each vessel required to provide
automated position reports to a Vessel Traffic Service (VTS) under Sec.
165.1704 of this subchapter must do so by an installed
[[Page 628]]
Automatic Identification System Shipborne Equipment (AISSE) system
consisting of a:
(1) Twelve-channel all-in-view Differential Global Positioning
System (dGPS) receiver;
(2) Marine band Non-Directional Beacon receiver capable of receiving
dGPS error correction messages;
(3) VHF--FM transceiver capable of Digital Selective Calling (DSC)
on the designated DSC frequency; and
(4) Control unit.
(b) An AISSE must have the following capabilities:
(1) Use dGPS to sense the position of the vessel and determine the
time of the position using Universal Coordinated Time (UTC);
(2) Fully use the broadcast type 1, 2, 3, 5, 6, 7, 9, and 16
messages, as specified in RTCM Recommended Standards for Differential
NAVSTAR GPS Service in determining the required information;
(3) Achieve a position error which is less than ten meters (32.8
feet) 2 distance root mean square (2 drms) from the true North American
Datum of 1983 (NAD 83) in the position information transmitted to a VTS;
(4) Achieve a course error of less than 0.5 degrees from true course
over ground in the course information transmitted to a VTS;
(5) Achieve a speed error of less than 0.05 knots from true speed
over ground in the speed information transmitted to a VTS;
(6) Receive and comply with commands broadcast from a VTS as DSC
messages on the designated DSC frequency;
(7) Receive and comply with RTCM messages broadcast as minimum shift
keying modulated medium frequency signals in the marine radiobeacon
band, and supply the messages to the dGPS receiver;
(8) Transmit the vessel's position, tagged with the UTC at position
solution, course over ground, speed over ground, and Lloyd's
identification number to a VTS;
(9) Display a visual alarm to indicate to shipboard personnel when a
failure to receive or utilize the RTCM messages occurs;
(10) Display a separate visual alarm which is triggered by a VTS
utilizing a DSC message to indicate to shipboard personnel that the U.S.
Coast Guard dGPS system cannot provide the required error correction
messages; and
(11) Display two RTCM type 16 messages, one of which must display
the position error in the position error broadcast.
(c) An AISSE is considered non-operational if it fails to meet the
requirements of paragraph (b) of this section.
Note: Vessel Traffic Service (VTS) areas and operating procedures
are set forth in Part 161 of this chapter.
[CGD 90-020, 59 FR 36334, July 15, 1994, as amended by CGD 97-023, 62 FR
33365, June 19, 1997; USCG-2003-14757, 68 FR 39367, July 1, 2003; 68 FR
60569, Oct. 22, 2003]
Sec. 164.46 Automatic Identification System (AIS).
(a) The following vessels must have a properly installed,
operational, type approved AIS as of the date specified:
(1) Self-propelled vessels of 65 feet or more in length, other than
passenger and fishing vessels, in commercial service and on an
international voyage, not later than December 31, 2004.
(2) Notwithstanding paragraph (a)(1) of this section, the following,
self-propelled vessels, that are on an international voyage must also
comply with SOLAS, as amended, Chapter V, regulation 19.2.1.6, 19.2.4,
and 19.2.3.5 or 19.2.5.1 as appropriate (Incorporated by reference, see
Sec. 164.03):
(i) Passenger vessels, of 150 gross tonnage or more, not later than
July 1, 2003;
(ii) Tankers, regardless of tonnage, not later than the first safety
survey for safety equipment on or after July 1, 2003;
(iii) Vessels, other than passenger vessels or tankers, of 50,000
gross tonnage or more, not later than July 1, 2004; and
(iv) Vessels, other than passenger vessels or tankers, of 300 gross
tonnage or more but less than 50,000 gross tonnage, not later than the
first safety survey for safety equipment on or after July 1, 2004, but
no later than December 31, 2004.
(3) Notwithstanding paragraphs (a)(1) and (a)(2) of this section,
the following vessels, when navigating an area denoted in table
161.12(c) of Sec. 161.12 of this
[[Page 629]]
chapter, not later than December 31, 2004:
(i) Self-propelled vessels of 65 feet or more in length, other than
fishing vessels and passenger vessels certificated to carry less than
151 passengers-for-hire, in commercial service;
(ii) Towing vessels of 26 feet or more in length and more than 600
horsepower, in commercial service;
(iii) Passenger vessels certificated to carry more than 150
passengers-for-hire.
Note to Sec. 164.46(a):
``Properly installed'' refers to an installation using the
guidelines set forth in IMO SN/Circ.227 (incorporated by reference, see
Sec. 164.03). Not all AIS units are able to broadcast position, course,
and speed without the input of an external positioning device (e.g.
dGPS); the use of other external devices (e.g. transmitting heading
device, gyro, rate of turn indicator) is highly recommended, however,
not required except as stated in Sec. 164.46(a)(2). ``Type approved''
refers to an approval by an IMO recognized Administration as to comply
with IMO Resolution MSC.74(69), ITU-R Recommendation M.1371-1, and IEC
61993-2 (Incorporated by reference, see Sec. 164.03). ``Length'' refers
to ``registered length'' as defined in 46 CFR part 69. ``Gross tonnage''
refers to tonnage as defined under the International Convention on
Tonnage Measurement of Ships, 1969.
(b) The requirements for Vessel Bridge-to-Bridge radiotelephones in
Sec. Sec. 26.04(a) and (c), 26.05, 26.06 and 26.07 of this chapter also
apply to AIS. The term ``effective operating condition'' used in Sec.
26.06 of this chapter includes accurate input and upkeep of AIS data
fields.
(c) The use of a portable AIS is permissible only to the extent that
electromagnetic interference does not affect the proper function of
existing navigation and communication equipment on board and such that
only one AIS unit may be in operation at any one time.
(d) The AIS Pilot Plug, on each vessel over 1,600 gross tons on an
international voyage, must be available for pilot use, easily accessible
from the primary conning position of the vessel, and near a 120 Volt, AC
power, 3-prong receptacle.
[USCG-2003-14757, 68 FR 60569, Oct. 22, 2003]
Sec. 164.51 Deviations from rules: Emergency.
Except for the requirements of Sec. 164.53(b), in an emergency, any
person may deviate from any rule in this part to the extent necessary to
avoid endangering persons, property, or the environment.
[CGD 74-77, 42 FR 5956, Jan. 31, 1977]
Sec. 164.53 Deviations from rules and reporting: Non-operating equipment.
(a) If during a voyage any equipment required by this part stops
operating properly, the person directing the movement of the vessel may
continue to the next port of call, subject to the directions of the
District Commander or the Captain of the Port, as provided by Part 160
of this chapter.
(b) If the vessel's radar, radio navigation receivers, gyrocompass,
echo depth sounding device, or primary steering gear stops operating
properly, the person directing the movement of the vessel must report or
cause to be reported that it is not operating properly to the nearest
Captain of the Port, District Commander, or, if participating in a
Vessel Traffic Service, to the Vessel Traffic Center, as soon as
possible.
(Sec. 2, Pub. L. 95-474, 92 Stat. 1471 (33 U.S.C. 1221); 49 CFR
1.46(n)(4))
[CGD 74-77, 42 FR 5956, Jan. 31, 1977]
Editorial Note: For Federal Register citations affecting Sec.
164.53, see the List of CFR Sections Affected, which appears in the
Finding Aids section of the printed volume and on GPO Access.
Sec. 164.55 Deviations from rules: Continuing operation or period
of time.
The Captain of the Port, upon written application, may authorize a
deviation from any rule in this part if he determines that the deviation
does not impair the safe navigation of the vessel under anticipated
conditions and will not result in a violation of the rules for
preventing collisions at sea. The authorization may be issued for
vessels operating in the waters under the jurisdiction of the Captain of
the Port for any continuing operation or period of time the Captain of
the Port specifies.
[CGD 74-77, 42 FR 5956, Jan. 31, 1977]
[[Page 630]]
Sec. 164.61 Marine casualty reporting and record retention.
When a vessel is involved in a marine casualty as defined in 46 CFR
4.03-1, the master or person in charge of the vessel shall:
(a) Ensure compliance with 46 CFR Subpart 4.05, ``Notice of Marine
Casualty and Voyage Records;'' and
(b) Ensure that the voyage records required by 46 CFR 4.05-15 are
retained for:
(1) 30 days after the casualty if the vessel remains in the
navigable waters of the United States; or
(2) 30 days after the return of the vessel to a United States port
if the vessel departs the navigable waters of the United States within
30 days after the marine casualty.
[CGD 74-77, 42 FR 5956, Jan. 31, 1977]
Sec. 164.70 Definitions.
For purposes of Sec. Sec. 164.72 through 164.82, the term--
Current edition means the most recent published version of a
publication, chart, or map required by Sec. 164.72.
Currently corrected edition means a current or previous edition of a
publication required by Sec. 164.72, corrected with changes that come
from Notices to Mariners (NTMs) or Notices to Navigation reasonably
available and that apply to the vessel's transit. Hand-annotated river
maps from the U.S. Army Corps of Engineers (ACOE) are currently
corrected editions if issued within the previous 5 years.
Great Lakes means the Great Lakes and their connecting and tributary
waters including the Calumet River as far as the Thomas J. O'Brien Lock
and Controlling Works (between miles 326 and 327), the Chicago River as
far as the east side of the Ashland Avenue Bridge (between miles 321 and
322), and the Saint Lawrence River as far east as the lower exit of
Saint Lambert Lock.
Swing-meter means an electronic or electric device that indicates
the rate of turn of the vessel on board which it is installed.
Towing vessel means a commercial vessel engaged in or intending to
engage in pulling, pushing or hauling alongside, or any combination of
pulling, pushing, or hauling alongside.
Western Rivers means the Mississippi River, its tributaries, South
Pass, and Southwest Pass, to the navigational-demarcation lines dividing
the high seas from harbors, rivers, and other inland waters of the
United States, and the Port Allen-Morgan City Alternative Route, and
that part of the Atchafalaya River above its junction with the Port
Allen-Morgan City Alternative Route including the Old River and the Red
River and those waters specified by Sec. Sec. 89.25 and 89.27 of this
chapter, and such other, similar waters as are designated by the COTP.
[CGD 94-020, 61 FR 35072, July 3, 1996]
Sec. 164.72 Navigational-safety equipment, charts or maps, and
publications required on towing vessels.
(a) Except as provided by Sec. 164.01(b), each towing vessel must
be equipped with the following navigational-safety equipment:
(1) Marine Radar. By August 2, 1997, a marine radar that meets the
following applicable requirements:
(i) For a vessel of less than 300 tons gross tonnage that engages in
towing on navigable waters of the U.S., including Western Rivers, the
radar must meet--
(A) The requirements of the Federal Communications Commission (FCC)
specified by 47 CFR part 80; and
(B) RTCM Standard for Marine Radar Equipment Installed on Ships of
Less Than 300 Tons Gross Tonnage, RTCM Paper 71-95/SC112-STD, Version
1.1, display Category II and stabilization Category Bravo.
(ii) For a vessel of less than 300 tons gross tonnage that engages
in towing seaward of navigable waters of the U.S. or more than three
nautical miles from shore on the Great Lakes, the radar must meet--
(A) The requirements of the FCC specified by 47 CFR part 80; and
(B) RTCM Standard for Marine Radar Equipment Installed on Ships of
Less Than 300 Tons Gross Tonnage, RTCM Paper 71-95/SC112-STD, Version
1.1, display Category I and stabilization Category Alpha.
(iii) For a vessel of 300 tons gross tonnage or more that engages in
towing on navigable waters of the U.S., including Western rivers, the
radar must meet--
[[Page 631]]
(A) The requirements of the Federal Communications Commission (FCC)
specified by 47 CFR part 80; and
(B) RTCM Recommended Standards for Marine Radar Equipment Installed
on Ships of 300 Tons Gross Tonnage and Upwards, RTCM Paper 191-93/SC112-
X, Version 1.2 except the requirements for azimuth stabilization in
paragraph 3.10.
(iv) For a vessel of 300 tons gross tonnage or more that engages in
towing seaward of navigable waters of the U.S. or more than three
nautical miles from shore on the Great Lakes, the radar must meet--
(A) The requirements of the FCC specified by 47 CFR Part 80; and
(B) RTCM Recommended Standards for Marine Radar Equipment Installed
on Ships of 300 Tons Gross Tonnage and Upwards, RTCM Paper 191-93/SC112-
X, Version 1.2.
(v) A towing vessel with an existing radar must meet the applicable
requirements of paragraphs (a)(1) (i) through (iv) of this section by
August 2, 1998; except that a towing vessel with an existing radar must
meet the display and stabilization requirements of paragraph
(a)(1)(ii)(B) of this section by August 2, 2001.
(2) Searchlight. A searchlight, directable from the vessel's main
steering station and capable of illuminating objects at a distance of at
least two times the length of the tow.
(3) VHF-FM Radio. An installation or multiple installations of VHF-
FM radios as prescribed by part 26 of this chapter and 47 CFR part 80,
to maintain a continuous listening watch on the designated calling
channel, VHF-FM Channel 13 (except on portions of the Lower Mississippi
River, where VHF-FM Channel 67 is the designated calling channel), and
to separately monitor the International Distress and Calling Channel,
VHF-FM Channel 16, except when transmitting or receiving traffic on
other VHF-FM channels or when participating in a Vessel Traffic Service
(VTS) or monitoring a channel of a VTS. (Each U.S. towing vessel of 26
feet (about 8 meters) or more in length, except a public vessel, must
hold a ship-radio-station license for radio transmitters (including
radar and EPIRBs), and each operator must hold a restricted operator's
license or higher. To get an application for either license, call (800)
418-FORM or (202) 418-FORM, or write to the FCC; Wireless Bureau,
Licensing Division; 1270 Fairfield Road; Gettysburg, PA 17325-7245.)
(4) Magnetic Compass. Either--
(i) An illuminated swing-meter or an illuminated car-type magnetic
steering compass readable from the vessel's main steering station, if
the vessel engages in towing exclusively on Western Rivers; or
(ii) An illuminated card-type magnetic steering compass readable
from the vessel's main steering station.
(5) Echo Depth-Sounding Device. By August 2, 2001, an echo depth-
sounding device readable from the vessel's main steering station, unless
the vessel engages in towing exclusively on Western Rivers.
(6) Electronic Position-Fixing Device. An electronic position-fixing
device, either a LORAN-C receiver or a satellite navigational system
such as the Global Positioning System (GPS) as required by Sec. 164.41,
if the vessel engages in towing seaward of navigable waters of the U.S.
or more than three nautical miles from shore on the Great Lakes.
(b) Each towing vessel must carry on board and maintain the
following:
(1) Charts or maps. Marine charts or maps of the areas to be
transited, published by the National Ocean Service (NOS), the ACOE, or a
river authority that satisfy the following requirements:
(i) The charts or maps must be of a large enough scale and have
enough detail to make safe navigation of the areas possible.
(ii) The charts or maps must be either--
(A) Current editions or currently corrected editions, if the vessel
engages in towing exclusively on navigable waters of the U.S., including
Western Rivers; or
(B) Currently corrected editions, if the vessel engages in towing
seaward of navigable waters of the U.S. or more than three nautical
miles from shore on the Great Lakes.
(iii) The charts or maps may be, instead of charts or maps required
by paragraphs (b)(1) (i) and (ii) of this section, currently corrected
marine charts
[[Page 632]]
or maps, or applicable extracts, published by a foreign government.
These charts or maps, or applicable extracts, must contain information
similar to that on the charts or maps required by paragraphs (b)(1) (i)
and (ii) of this section, be of large enough scale, and have enough
detail to make safe navigation of the areas possible, and must be
currently corrected.
(2) General publications. A currently corrected edition of, or an
applicable currently corrected extract from, each of the following
publications for the area to be transited:
(i) If the vessel is engaged in towing exclusively on Western
Rivers--
(A) U.S. Coast Guard Light List;
(B) Applicable Notices to Navigation published by the ACOE, or Local
Notices to Mariners (LNMs) published by the Coast Guard, for the area to
be transited, when available; and
(C) River-current tables published by the ACOE or a river authority,
if available.
(ii) If the vessel is engaged other than in towing exclusively on
Western Rivers--
(A) Coast Guard Light List;
(B) Notices to Mariners published by the National Imagery and
Mapping Agency, or LNMs published by the Coast Guard;
(C) Tidal-current tables published by private entities using data
provided by the NOS, or river-current tables published by the ACOE or a
river authority:
(D) Tide tables published by private entities using data provided by
the NOS; and
(E) U.S. Coast Pilot.
(c) Table 164.72, following, summarizes the navigational-safety
equipment, charts or maps, and publications required for towing vessels
of 12 meters or more in length engaged in towing:
Table 164.72--Equipment, Charts or Maps, and Publications for Towing Vessels of12 Meters or More in Length
----------------------------------------------------------------------------------------------------------------
Waters seaward of
U.S. navigable waters navigable waters and 3
Western rivers other than western NM or more from shore
rivers on the Great Lakes
----------------------------------------------------------------------------------------------------------------
Marine Radar:
Towing Vessels of Less Than 300 GT. RTCM Paper 71-95/SC112- RTCM Paper 71-95/SC112- RTCM Paper 71-95/SC112-
STD Version 1.1, STD Version 1.1, STD Version 1.1,
Display Category II Display Category II Display Category I \2\
\1\ Stabilization \1\ Stabilization Stabilization Category
Category BRAVO. Category BRAVO. ALPHA.
Towing Vessels of 300 GT or More... RTCM Paper 191-93/SC112- RTCM Paper 191-93/SC112- RTCM Paper 191-93/SC112-
X Version 1.2 (except X Version 1.2 (except X Version 1.2.\1\
the Azmuth the Azmuth
stabilization stabilization
requirement in requirement in
paragraph 3.10).\1\. paragraph 3.10).\1\.
Searchlight........................ X X X
VHF-FM Radio....................... X X X
Magnetic Compass................... X \3\ X X
Swing-Meter........................ X \3\
Echo Depth-Sounding Device......... X X
Electronic Position-Fixing Device.. X
Charts or Maps..................... (1) Large enough scale. (1) Large enough scale. (1) Large enough scale.
(2) Current edition or (2) Current edition or (2) Currently corrected
currently corrected currently corrected edition.
edition. edition.
General Publications............... (1) U.S. Coast Guard (1) U.S. Coast Guard (1) U.S. Coast Guard
Light List. Light List. Light List.
(2) Notices to (2) Local Notices to (2) Local Notices to
Navigation or Local Mariners. Mariners.
Notices to Mariners.
(3) River-current (3) Tidal-current (3) Tidal-current
Tables. Tables. Tables.
(4) Tide Tables........ (4) Tide Tables.
(5) U.S. Coast Pilot... (5) U.S. Coast Pilot.
----------------------------------------------------------------------------------------------------------------
Notes:
\1\ Towing vessels with existing radar must meet this requirement by August 2, 1998.
\2\ Towing vessels with existing radar must meet this requirement by August 2, 1998 but do not need to meet the
display and stabilization requirements until August 2, 2001.
\3\ A towing vessel may carry either a swing-meter or a magnetic compass.
[CGD 94-020, 61 FR 35073, July 3, 1996, as amended by CGD 97-034, 62 FR
40272, July 28, 1997; USCG-1999-5832, 64 FR 34715, June 29, 1999; USCG-
2001-9286, 66 FR 33641, June 25, 2001]
[[Page 633]]
Sec. 164.74 Towline and terminal gear for towing astern.
(a) Towline. The owner, master, or operator of each vessel towing
astern shall ensure that the strength of each towline is adequate for
its intended service, considering at least the following factors:
(1) The size and material of each towline must be--
(i) Appropriate for the horsepower or bollard pull of the vessel;
(ii) Appropriate for the static loads and dynamic loads expected
during the intended service;
(iii) Appropriate for the sea conditions expected during the
intended service;
(iv) Appropriate for exposure to the marine environment and to any
chemicals used or carried on board the vessel;
(v) Appropriate for the temperatures of normal stowage and service
on board the vessel;
(vi) Compatible with associated navigational-safety equipment; and
(vii) Appropriate for the likelihood of mechanical damage.
(2) Each towline as rigged must be--
(i) Free of knots;
(ii) Spliced with a thimble, or have a poured socket at its end; and
(iii) Free of wire clips except for temporary repair, for which the
towline must have a thimble and either five wire clips or as many wire
clips as the manufacturer specifies for the nominal diameter and
construction of the towline, whichever is more.
(3) The condition of each towline must be monitored through the--
(i) Keeping on board the towing vessel or in company files of a
record of the towline's initial minimum breaking strength as determined
by the manufacturer, by a classification (``class'') society authorized
in Sec. 157.04 of this chapter, or by a tensile test that meets API
Specification 9A, Specification for Wire Rope, Section 3; ASTM D 4268
(incorporated by reference, see Sec. 164.03), Standard Test Method for
Testing Fiber Ropes; or Cordage Institute CIA 3, Standard Test Methods
for Fiber Rope Including Standard Terminations;
(ii) If the towline is purchased from another owner, master, or
operator of a vessel with the intent to use it as a towline or if it is
retested for any reason, keeping on board the towing vessel or in
company files of a record of each retest of the towline's minimum
breaking strength as determined by a class society authorized in Sec.
157.04 of this chapter or by a tensile test that meets API Specification
9A, Section 3; ASTM D 4268 (incorporated by reference, see Sec. 164.03)
or Cordage Institute CIA 3, Standard Test Methods;
(iii) Conducting visual inspections of the towline in accordance
with the manufacturer's recommendations, or at least monthly, and
whenever the serviceability of the towline is in doubt (the inspections
being conducted by the owner, master, or operator, or by a person on
whom the owner, master, or operator confers the responsibility to take
corrective measures appropriate for the use of the towline);
(iv) Evaluating the serviceability of the whole towline or any part
of the towline, and removing the whole or part from service either as
recommended by the manufacturer or a class society authorized in Sec.
157.04 of this chapter or in accordance with a replacement schedule
developed by the owner, master, or operator that accounts for at least
the--
(A) Nautical miles on, or time in service of, the towline;
(B) Operating conditions experienced by the towline;
(C) History of loading of the towline;
(D) Surface condition, including corrosion and discoloration, of the
towline;
(E) Amount of visible damage to the towline;
(F) Amount of material deterioration indicated by measurements of
diameter and, if applicable, measurements of lay extension of the
towline; and
(G) Point at which a tensile test proves the minimum breaking
strength of the towline inadequate by the standards of paragraph (a)(1)
of this section, if necessary; and
(v) Keeping on board the towing vessel or in company files of a
record of the material condition of the towline when inspected under
paragraphs (a)(3)(iii) and (iv) of this section. Once this record lapses
for three months or more, except when a vessel is laid up or
[[Page 634]]
out of service or has not deployed its towline, the owner, master, or
operator shall retest the towline or remove it from service.
(b) Terminal gear. The owner, master, or operator of each vessel
towing astern shall ensure that the gear used to control, protect, and
connect each towline meets the following criteria:
(1) The material and size of the terminal gear are appropriate for
the strength and anticipated loading of the towline and for the
environment;
(2) Each connection is secured by at least one nut with at least one
cotter pin or other means of preventing its failure;
(3) The lead of the towline is appropriate to prevent sharp bends in
the towline from fairlead blocks, chocks, or tackle;
(4) There is provided a method, whether mechanical or non-
mechanical, that does not endanger operating personnel but that easily
releases the towline;
(5) The towline is protected from abrasion or chafing by chafing
gear, lagging, or other means;
(6) Except on board a vessel towing in ice on Western Rivers or one
using a towline of synthetic or natural fiber, there is fitted a winch
that evenly spools and tightly winds the towline; and
(7) If a winch is fitted, there is attached to the main drum a brake
that has holding power appropriate for the horsepower or bollard pull of
the vessel and can be operated without power to the winch.
[CGD 94-020, 61 FR 35074, July 3, 1996, as amended by USCG-1999-5151, 64
FR 67176, Dec. 1, 1999]
Sec. 164.76 Towline and terminal gear for towing alongside and pushing
ahead.
The owner, master, or operator of each vessel towing alongside or
pushing ahead shall ensure that the face wires, spring lines, and push
gear used--
(a) Are appropriate for the vessel's horsepower;
(b) Are appropriate for the arrangement of the tow;
(c) Are frequently inspected; and
(d) Remain serviceable.
[CGD 94-020, 61 FR 35075, July 3, 1996]
Sec. 164.78 Navigation under way: Towing vessels.
(a) The owner, master, or operator of each vessel towing shall
ensure that each person directing and controlling the movement of the
vessel--
(1) Understands the arrangement of the tow and the effects of
maneuvering on the vessel towing and on the vessel, barge, or object
being towed;
(2) Can fix the position of the vessel using installed navigational
equipment, aids to navigation, geographic reference-points, and
hydrographic contours;
(3) Does not fix the position of the vessel using buoys alone (Buoys
are aids to navigation placed in approximate positions either to alert
mariners to hazards to navigation or to indicate the orientation of a
channel. They may not maintain exact charted positions, because strong
or varying currents, heavy seas, ice, and collisions with vessels can
move or sink them or set them adrift. Although they may corroborate a
position fixed by other means, they cannot fix a position; however, if
no other aids are available, buoys alone may establish an estimated
position.);
(4) Evaluates the danger of each closing visual or radar contact;
(5) Knows and applies the variation and deviation, where a magnetic
compass is fitted and where charts or maps have enough detail to enable
this type of correction;
(6) Knows the speed and direction of the current, and the set,
drift, and tidal state for the area to be transited;
(7) Proceeds at a safe speed taking into account the weather,
visibility, density of traffic, draft of tow, possibility of wake
damage, speed and direction of the current, and local speed-limits; and
(8) Monitors the voyage plan required by Sec. 164.80.
(b) The owner, master, or operator of each vessel towing shall
ensure that the tests and inspections required by
[[Page 635]]
Sec. 164.80 are conducted and that the results are entered in the log
or other record carried on board.
[CGD 94-020, 61 FR 35075, July 3, 1996, as amended by USCG-2000-6931, 68
FR 22610, Apr. 29, 2003; 69 FR 34068, June 18, 2004]
Sec. 164.80 Tests, inspections, and voyage planning.
(a) The owner, master, or operator of each towing vessel of less
than 1,600 GT shall ensure that the following tests and inspections of
gear occur before the vessel embarks on a voyage of more than 24 hours
or when each new master or operator assumes command:
(1) Steering-systems. A test of the steering-gear-control system; a
test of the main steering gear from the alternative power supply, if
installed; a verification of the rudder-angle indicator relative to the
actual position of the rudder; and a visual inspection of the steering
gear and its linkage.
(2) Navigational equipment. A test of all installed navigational
equipment.
(3) Communications. Operation of all internal vessel control
communications and vessel-control alarms, if installed.
(4) Lights. Operation of all navigational lights and all
searchlights.
(5) Terminal gear. Visual inspection of tackle; of connections of
bridle and towing pendant, if applicable; of chafing gear; and of the
winch brake, if installed.
(6) Propulsion systems. Visual inspection of the spaces for main
propulsion machinery, of machinery, and of devices for monitoring
machinery.
(b) The owner, master, or operator of each towing vessel of 1,600 GT
or more shall ensure that the following tests of equipment occur at the
frequency required by Sec. 164.25 and that the following inspections of
gear occur before the vessel embarks on a voyage of more than 24 hours
or when each new master or operator assumes command:
(1) Navigational equipment. Tests of onboard equipment as required
by Sec. 164.25.
(2) Terminal gear. Visual inspection of tackle; of connections of
bridle and towing pendant, if applicable; of chafing gear; and of the
winch brake, if installed.
(c)(1) The voyage-planning requirements outlined in this section do
not apply to you if your towing vessel is--
(i) Used solely for any of the following services or any combination
of these services--
(A) Within a limited geographic area, such as a fleeting-area for
barges or a commercial facility, and used for restricted service, such
as making up or breaking up larger tows;
(B) For harbor-assist;
(C) For assistance towing as defined by 46 CFR 10.103;
(D) For response to emergency or pollution;
(ii) A public vessel that is both owned, or demise chartered, and
operated by the United States Government or by a government of a foreign
country; and that is not engaged in commercial service;
(iii) A foreign vessel engaged in innocent passage; or
(iv) Exempted by the Captain of the Port (COTP).
(2) If you think your towing vessel should be exempt from these
voyage planning requirements for a specified route, you should submit a
written request to the appropriate COTP. The COTP will provide you with
a written response granting or denying your request.
(3) If any part of a towing vessel's intended voyage is seaward of
the baseline (i.e., the shoreward boundary) of the territorial sea of
the U.S., then the owner, master, or operator of the vessel, employed to
tow a barge or barges, must ensure that the voyage with the barge or
barges is planned, taking into account all pertinent information before
the vessel embarks on the voyage. The master must check the planned
route for proximity to hazards before the voyage begins. During a
voyage, if a decision is made to deviate substantially from the planned
route, then the master or mate must plan the new route before deviating
from the planned route. The voyage plan must follow company policy and
consider the following (related requirements noted in parentheses):
(i) Applicable information from nautical charts and publications
(also see paragraph (b) of section 164.72), including Coast Pilot, Coast
Guard Light
[[Page 636]]
List, and Coast Guard Local Notice to Mariners for the port of
departure, all ports of call, and the destination;
(ii) Current and forecast weather, including visibility, wind, and
sea state for the port of departure, all ports of call, and the
destination (also see paragraphs (a)(7) of section 164.78 and (b) of
section 164.82);
(iii) Data on tides and currents for the port of departure, all
ports of call, and the destination, and the river stages and forecast,
if appropriate;
(iv) Forward and after drafts of the barge or barges and under-keel
and vertical clearances (air-gaps) for all bridges, ports, and berthing
areas;
(v) Pre-departure checklists;
(vi) Calculated speed and estimated time of arrival at proposed
waypoints;
(vii) Communication contacts at any Vessel Traffic Services,
bridges, and facilities, and any port-specific requirements for VHF
radio;
(viii) Any master's or operator's standing orders detailing closest
points of approach, special conditions, and critical maneuvers; and
(ix) Whether the towing vessel has sufficient power to control the
tow under all foreseeable circumstances.
[CGD 94-020, 61 FR 35075, July 3, 1996, as amended by USCG-2000-6931, 68
FR 22610, Apr. 29, 2003; 69 FR 34068, June 18, 2004]
Sec. 164.82 Maintenance, failure, and reporting.
(a) Maintenance. The owner, master, or operator of each towing
vessel shall maintain operative the navigational-safety equipment
required by Sec. 164.72.
(b) Failure. If any of the navigational-safety equipment required by
Sec. 164.72 fails during a voyage, the owner, master, or operator of
the towing vessel shall exercise due diligence to repair it at the
earliest practicable time. He or she shall enter its failure in the log
or other record carried on board. The failure of equipment, in itself,
does not constitute a violation of this rule; nor does it constitute
unseaworthiness; nor does it obligate an owner, master, or operator to
moor or anchor the vessel. However, the owner, master, or operator shall
consider the state of the equipment--along with such factors as weather,
visibility, traffic, and the dictates of good seamanship--in deciding
whether it is safe for the vessel to proceed.
(c) Reporting. The owner, master, or operator of each towing vessel
whose equipment is inoperative or otherwise impaired while the vessel is
operating within a Vessel Traffic Service (VTS) Area shall report the
fact as required by 33 CFR 161.124. (33 CFR 161.124 requires that each
user of a VTS report to the Vessel Traffic Center as soon as
practicable:
(1) Any absence or malfunction of vessel-operating equipment for
navigational safety, such as propulsion machinery, steering gear, radar,
gyrocompass, echo depth-sounding or other sounding device, automatic
dependent surveillance equipment, or navigational lighting;
(2) Any condition on board the vessel likely to impair navigation,
such as shortage of personnel or lack of current nautical charts or
maps, or publications; and
(3) Any characteristics of the vessel that affect or restrict the
maneuverability of the vessel, such as arrangement of cargo, trim,
loaded condition, under-keel clearance, and speed.)
(d) Deviation and authorization. The owner, master, or operator of
each towing vessel unable to repair within 96 hours an inoperative
marine radar required by Sec. 164.72(a) shall so notify the Captain of
the Port (COTP) and shall seek from the COTP both a deviation from the
requirements of this section and an authorization for continued
operation in the area to be transited. Failure of redundant
navigational-safety equipment, including but not limited to failure of
one of two installed radars, where each satisfies Sec. 164.72(a), does
not necessitate either a deviation or an authorization.
(1) The initial notice and request for a deviation and an
authorization may be spoken, but the request must also be written. The
written request must explain why immediate repair is impracticable, and
state when and by whom the repair will be made.
(2) The COTP, upon receiving even a spoken request, may grant a
deviation and an authorization from any of the provisions of Sec. Sec.
164.70 through 164.82 for a specified time if he or she decides that
they would not impair the safe
[[Page 637]]
navigation of the vessel under anticipated conditions.
[CGD 94-020, 61 FR 35075, July 3, 1996]
PART 165_REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS--Table of
Contents
Subpart A_General
Sec.
165.1 Purpose of part.
165.5 Establishment procedures.
165.7 Notification.
165.8 Geographic coordinates.
165.9 Geographic application of limited and controlled access areas and
regulated navigation areas.
Subpart B_Regulated Navigation Areas
165.10 Regulated navigation areas.
165.11 Vessel operating requirements (regulations).
165.13 General regulations.
Subpart C_Safety Zones
165.20 Safety zones.
165.23 General regulations
Subpart D_Security Zones
165.30 Security zones.
165.33 General regulations.
Subpart E_Restricted Waterfront Areas
165.40 Restricted waterfront areas.
Subpart F_Specific Regulated Navigation Areas and Limited Access Areas
First Coast Guard District
165.T01-155 Safety Zone: Wantagh Parkway Number 3 Bridge over the Sloop
Channel, Town of Hempstead, NY.
165.100 Regulated Navigation Area: Navigable waters within the First
Coast Guard District.
165.101 Kittery, Maine--regulated navigation area.
165.102 Security Zone: Walkers Point, Kennebunkport, ME.
165.103 Safety and Security Zones; LPG Vessel Transits in Portland,
Maine, Captain of the Port Zone, Portsmouth Harbor,
Portsmouth, New Hampshire.
165.104 Safety Zone: Vessel Launches, Bath Iron Works, Kennebec River,
Bath, Maine.
165.105 Security Zones; Passenger Vessels, Portland, Maine, Captain of
the Port Zone.
165.106 Security Zone: Seabrook Nuclear Power Plant, Seabrook, New
Hampshire.
165.110 Safety and Security Zone; Liquefied Natural Gas Carrier Transits
and Anchorage Operations, Boston, Massachusetts.
165.111 Safety Zone: Boston Harbor, Boston, Massachusetts.
165.112 Safety Zone: USS CASSIN YOUNG, Boston, Massachusetts.
165.113 Security Zone: Dignitary arrival/departure Logan International
Airport, Boston, MA.
165.114 Safety and Security Zones: Escorted Vessels--Boston Harbor,
Massachusetts.
165.115 Safety and Security Zones; Pilgrim Nuclear Power Plant,
Plymouth, Massachusetts.
165.116 Safety and Security Zones; Salem and Boston Harbors,
Massachusetts.
165.120 Safety Zone: Chelsea River, Boston Inner Harbor, Boston, MA.
165.121 Safety and Security Zones: High Interest Vessels, Narragansett
Bay, Rhode Island.
165.122 Providence River, Providence, R.I. regulated navigation area.
165.130 Sandy Hook Bay, New Jersey--security zone.
165.140 New London Harbor, Connecticut--security zone.
165.141 Safety Zone: Sunken vessel EMPIRE KNIGHT, Boon Island, ME.
165.150 New Haven Harbor, Quinnipiac River, Mill River.
165.151 Safety Zones; Long Island Sound annual fireworks displays.
165.152 Coast Guard Station Fire Island, Long Island, New York--safety
zone.
165.153 Regulated Navigation Area: Long Island Sound Marine Inspection
and Captain of the Port Zone.
165.154 Safety and Security Zones: Long Island Sound Marine Inspection
Zone and Captain of the Port Zone.
165.155 Northville Industries Offshore Platform, Riverhead, Long Island,
New York--safety zone.
165.160 Safety and Security Zones: Liquefied Hazardous Gas Vessel,
Liquefied Hazardous Gas Facility and Designated Vessel
Transits, New York Marine Inspection Zone and Captain of the
Port Zone.
165.161 Safety Zones: Coast Guard Activities New York Annual Fireworks
Displays.
165.162 Safety Zone: New York Super Boat Race, Hudson River, New York.
165.163 Safety Zones; Port of New York/New Jersey Fleet Week.
165.164 Security Zones: Dignitary Arrival/Departure and United Nations
Meetings, New York, NY.
165.165 Regulated Navigation Area; Kill Van Kull Channel, Newark Bay
Channel, South Elizabeth Channel, Elizabeth Channel, Port
Newark Channel and New Jersey Pierhead Channel, New York and
New Jersey.
[[Page 638]]
165.166 Safety zone: Macy's July 4th Fireworks, East River, NY.
165.167 Safety Zone: East River Western Channel, Manhattan, NY.
165.168 Safety Zones; Coast Guard Activities New York Fireworks
Displays.
165.169 Safety and Security Zones: New York Marine Inspection Zone and
Captain of the Port Zone.
165.170 Safety Zone: Triathlon, Ulster, Landing, Hudson River, NY.
165.202 Safety Zones: Annual fireworks Events in the Captain of the Port
Cleveland Zone.
Fifth Coast Guard District
165.T05-018 Security Zone: Cape Fear River, Eagle Island and North
Carolina State Port Authority Terminal, Wilmington, NC.
165.500 Safety/Security Zones; Chesapeake Bay, Maryland.
165.501 Chesapeake Bay entrance and Hampton Roads, VA and adjacent
waters--Regulated Navigation Area.
165.502 Safety and Security Zone; Cove Point Liquefied Natural Gas
Terminal, Chesapeake Bay, Maryland.
165.503 Security Zone; Captain of the Port Hampton Roads Zone.
165.504 Newport News Shipbuilding and Dry Dock Company Shipyard, James
River, Newport News, Va.
165.505 Security Zone; Calvert Cliffs Nuclear Power Plant, Chesapeake
Bay, Calvert County, Maryland.
165.506 Safety Zones; Fifth Coast Guard District Fireworks Displays.
165.510 Delaware Bay and River, Salem River, Christina River and
Schuylkill River-Regulated Navigation Area.
165.511 Security Zone; Atlantic Ocean, Chesapeake & Delaware Canal,
Delaware Bay, Delaware River and its tributaries.
165.514 Safety Zone: Atlantic Intracoastal Waterway and connecting
waters, vicinity of Marine Corps Base Camp Lejeune, North
Carolina.
165.515 Safety Zone: Cape Fear River, Wilmington, North Carolina.
165.518 Security Zone; Waters of the Fifth Coast Guard District.
165.530 Safety Zone: Cape Fear and Northeast Cape Fear Rivers, NC.
165.535 Safety Zone: Atlantic Ocean, Vicinity of Cape Henlopen State
Park, Delaware.
165.540 Regulated Navigation Area; Cape Fear River, Northeast Cape Fear
River, Wilmington, North Carolina
165.552 Security Zone; Oyster Creek Generation Station, Forked River,
Ocean County, New Jersey.
165.553 Security Zone; Salem and Hope Creek Generation Stations,
Delaware River, Salem County, New Jersey.
165.554 Security Zone; Three Mile Island Generating Station, Susquehanna
River, Dauphin County, Pennsylvania.
Seventh Coast Guard District
165.T07-042 Security Zone; HOVENSA Refinery, St. Croix, U.S. Virgin
Islands.
165.T07-146 Regulated Navigation Area, San Carlos Bay, Florida.
165.701 Vicinity, Kennedy Space Center, Merritt Island, Florida--
security zone.
165.703 Tampa Bay, Florida--Safety Zone.
165.704 Safety Zone: Tampa Bay, Florida.
165.T0704 Safety Zone: Savannah River, Savannah, Georgia.
165.705 Port Canaveral Harbor, Cape Canaveral, Florida.
165.708 Safety/Security Zone; Charleston Harbor and Cooper River,
Charleston, SC.
165.711 Safety Zone: Port Everglades, Fort Lauderdale, FL.
165.714 Regulated Navigation Area; Atlantic Ocean, Charleston, SC.
165.720 Safety/Security Zone: St. Johns River, Jacksonville, FL.
165.721 Safety Zone: St. Johns River, Jacksonville, FL.
165.722 Security Zone: St. Johns River, Jacksonville, Florida.
165.726 Regulated Navigation Areas; Miami River, Miami, Florida.
165.728 Jacksonville, Florida--safety zones.
165.729 Jacksonville Harbor, Florida--security zone.
165.730 King's Bay, Georgia--Regulated navigation area.
165.731 Safety/Security Zone: Cumberland Sound, Georgia and St. Marys
River Entrance Channel.
165.752 Sparkman Channel, Tampa, Florida--regulated navigation area.
165.753 Regulated navigation area; Tampa Bay, Florida.
165.754 Safety Zone: San Juan Harbor, San Juan, PR.
165.755 Safety Zone: Guayanilla, Puerto Rico
165.756 Regulated Navigation Area; Savannah River, Georgia.
165.757 Safety Zones; Ports of Ponce, Tallaboa, and Guayanilla, Puerto
Rico and Limetree Bay, St. Croix, U.S.V.I.
165.758 Security Zone; San Juan, Puerto Rico.
165.759 Security Zones; Ports of Jacksonville, Fernandina, and
Canaveral, Florida.
165.760 Security Zones; Tampa Bay, Port of Tampa, Port of Saint
Petersburg, Port Manatee, Rattlesnake, Old Port Tampa, Big
Bend, Weedon Island, and Crystal River, Florida.
165.761 Security Zones; Port of Palm Beach, Port Everglades, Port of
Miami, and Port of Key West, Florida.
165.762 Security Zone; St. Thomas, U.S. Virgin Islands.
[[Page 639]]
165.763 Moving and Fixed Security Zone, Port of Fredericksted, Saint
Croix, U.S. Virgin Islands.
165.764 Security Zones; Big Bend and Weedon Island Power Facilities,
Tampa Bay, Florida.
165.765 Regulated Navigation Area; Port Everglades Harbor, Fort
Lauderdale, Florida.
Eighth Coast Guard District
165.802 Lower Mississippi River, vicinity of Old River Control
Structure--Safety Zone.
165.803 Mississippi River--regulated navigation area.
165.804 Snake Island, Texas City, Texas; mooring and fleeting of
vessels--safety zone.
165.805 Calcasieu Channel and Industrial Canal, Calcasieu River, Lake
Charles, LA.
165.806 Sabine Neches Waterway, Texas--regulated navigation area.
165.807 Calcasieu River, Louisiana--regulated navigation area.
165.808 Corpus Christi Ship Channel, Corpus Christi, TX, safety zone.
165.809 Security Zones; Port of Port Lavaca-Point Comfort, Point
Comfort, TX and Port of Corpus Christi Inner Harbor, Corpus
Christi, TX.
165.810 Mississippi River, LA-regulated navigation area.
165.811 Atchafalaya River, Berwick Bay, LA-regulated navigation area.
165.812 Security Zones; Lower Mississippi River, Southwest Pass Sea Buoy
to Mile Marker 96.0, New Orleans, LA.
165.813 Security Zones; Ports of Houston and Galveston, TX.
165.814 Security Zones; Captain of the Port Houston-Galveston Zone.
165.815 Ohio River at Louisville, KY; regulated navigation area.
165.817 Arkansas River, Mile 118.2 to 125.4, Little Rock Arkansas--
regulated navigation area.
165.820 Security Zone; Ohio River, Mile 34.6 to 35.1, Shippingport,
Pennsylvania.
165.821 Ohio River at Cincinnati, OH; regulated navigation area.
165.825 Security Zones; Captain of the Port St. Louis, Missouri.
165.830 Regulated Navigation Area; Reporting Requirements for Barges
Loaded with Certain Dangerous Cargoes, Inland Rivers, Eighth
Coast Guard District.
165.835 Security Zone; Port of Mobile, Mobile Ship Channel, Mobile, AL.
Ninth Coast Guard District
165.901 Great Lakes--regulated navigation areas.
165.902 Niagara River at Niagara Falls, New York--safety zone.
165.903 Safety Zones: Cuyahoga River and Old River, Cleveland, OH.
165.904 Lake Michigan at Chicago Harbor & Burnham Park Harbor--Safety
and Security Zone.
165.905 USX Superfund Site Safety Zones: St. Louis River.
165.906 Lakeside Yacht Club in Cleveland Harbor, Cleveland, OH--
regulated navigation areas.
165.907 Safety Zones: Annual fireworks events in the Captain of the Port
Detroit Zone.
165.909 Safety Zones; Annual fireworks events in the Captain of the Port
Milwaukee Zone.
165.910 Security Zones; Captain of the Port Chicago, Zone, Lake
Michigan.
165.911 Security Zones; Captain of the Port Buffalo Zone.
165.912 Security Zone; Lake Erie, Perry, OH.
165.914 Safety Zones; Annual Fireworks Events in the Captain of the Port
Buffalo Zone.
165.915 Security zones; Captain of the Port Toledo Zone, Lake Erie.
165.916 Security Zones; Captain of the Port Milwaukee Zone, Lake
Michigan.
165.917 Safety Zone; M/V ROY A. JODREY, St. Lawrence River, Wellesley
Island, New York.
165.918 Safety zones; annual fireworks displays in the Captain of the
Port Chicago Zone.
165.920 Regulated Navigation Area: USCG Station Port Huron, Port Huron,
MI, Lake Huron.
165.921 Regulated Navigation Area; Reporting Requirements for Barges
Loaded with Certain Dangerous Cargoes, Illinois Waterway
System located within the Ninth Coast Guard District.
Eleventh Coast Guard District
165.T11-004 Regulated Navigation Area; Humboldt Bay Bar Channel and
Humboldt Bay Entrance Channel, Humboldt Bay, California.
165.T11-048 Safety Zone; Mission Creek Waterway, China Basin, San
Francisco Bay, California.
165.1101 Security Zone: San Diego Bay, CA.
165.1102 Security Zone: San Diego Bay, California.
165.1103 Security Zone: San Diego Bay, CA.
165.1104 Security Zone: San Diego Bay, CA.
165.1105 Security Zone: San Diego Bay, California.
165.1106 San Diego Bay, California--safety zone.
165.1107 San Diego Bay, California.
165.1108 Security Zones; Cruise Ships, Port of San Diego, California.
165.1110 Security Zone: Coronado Bay Bridge, San Diego, CA.
[[Page 640]]
165.1120 Security Zone; Naval Amphibious Base, San Diego, CA.
165.1121 Security Zone: Fleet Supply Center Industrial Pier, San Diego,
CA.
165.1131 Security Zone: Wilson Cove, San Clemente Island, California.
165.1151 Security Zones; liquefied hazardous gas tank vessels, San Pedro
Bay, California.
165.1152 San Pedro Bay, California--Regulated navigation area.
165.1154 Security Zones; Cruise Ships, San Pedro Bay, California.
165.1155 Security Zone; Diablo Canyon Nuclear Power Plant, Avila Beach,
California.
165.1156 Safety Zone; Offshore Marine Terminal, El Segundo, CA.
165.1171 Copper Canyon, Lake Havasu, Colorado River--Regulated
Navigation Area.
165.1181 San Francisco Bay Region, California--regulated navigation
area.
165.1182 Safety/Security Zone: San Francisco Bay, San Pablo Bay,
Carquinez Strait, and Suisun Bay, CA.
165.1183 Security Zones; Cruise Ships, Tankers and High Interest
Vessels, San Francisco Bay and Delta Ports, Monterey Bay and
Humboldt Bay, California.
165.1185 Regulated Navigation Area; San Francisco Bay, San Pablo Bay,
Carquinez Strait, Suisun Bay, Sacramento River, San Joaquin
River, and connecting waters in California.
165.1187 Security Zones; Golden Gate Bridge and the San Francisco-
Oakland Bay Bridge, San Francisco Bay, California.
165.1190 Security Zone; San Francisco Bay, Oakland Estuary, Alameda, CA.
165.1191 Safety zones: Northern California annual fireworks events.
165.1192 Security Zones; Waters surrounding San Francisco International
Airport and Oakland International Airport, San Francisco Bay,
California.
165.1199 Security Zones; Military Ocean Terminal Concord (MOTCO),
Concord, California.
Thirteenth Coast Guard District
165.1301 Puget Sound and Adjacent Waters in Northwestern Washington--
Regulated Navigation Area.
165.1302 Bangor Naval Submarine Base, Bangor, WA.
165.1303 Puget Sound and adjacent waters, WA-regulated navigation area.
165.1304 Bellingham Bay, Bellingham, WA.
165.1305 Commencement Bay, Tacoma, WA.
165.1306 Lake Union, Seattle, WA.
165.1307 Elliott Bay, Seattle, WA.
165.1308 Columbia River, Vancouver WA.
165.1309 Eagle Harbor, Bainbridge Island, WA.
165.1310 Strait of Juan de Fuca and adjacent coastal waters of Northwest
Washington; Makah Whale Hunting--Regulated Navigation Area.
165.1311 Olympic View Resource Area, Tacoma, WA.
165.1312 Security Zone; Portland Rose Festival on Willamette River.
165.1313 Security zone regulations, tank ship protection, Puget Sound
and adjacent waters, Washington
165.1314 Safety Zone; Fort Vancouver Fireworks Display, Columbia River,
Vancouver, Washington.
165.1315 Safety Zones: Annual fireworks events in the Captain of the
Port Portland Zone.
165.1316 Safety Zone; Columbia River, Astoria, Oregon.
165.1317 Security and Safety Zone; Large Passenger Vessel Protection,
Puget Sound and adjacent waters, Washington.
165.1318 Security and Safety Zone Regulations, Large Passenger Vessel
Protection, Portland, OR Captain of the Port Zone
165.1319 Safety Zone Regulations, Seafair Blue Angels Air Show
Performance, Seattle, WA.
165.1321 Security Zone; Protection of Military Cargo, Captain of the
Port Zone Puget Sound, WA.
Fourteenth Coast Guard District
165.1401 Apra Harbor, Guam--safety zones.
165.1402 Apra Outer Harbor, Guam--regulated navigation area.
165.1403 Security Zone: Tinian, Commonwealth Northern Marianas Islands.
165.1404 Apra Harbor, Guam--security zone.
165.1405 Regulated Navigation Areas and Security Zones; Designated
Escorted Vessels-Philippine Sea and Apra Harbor, Guam
(including Cabras Island Channel), and Tanapag Harbor, Saipan,
Commonwealth of the Northern Mariana Islands (CNMI).
165.1406 Safety Zone: Pacific Missile Range Facility (PMRF), Barking
Sands, Island of Kauai, Hawaii.
165.1407 Security Zones; Oahu, Maui, Hawaii, and Kauai, HI.
Seventeenth Coast Guard District
165.T17-010 Safety Zone; Bering Sea, Aleutian Islands, Unalaska Island,
AK.
165.T17-020 Port Valdez and Valdez Narrows, Valdez, Alaska--security
zones.
165.1701 Port Valdez, Valdez, Alaska--safety zone.
165.1702 Gastineau Channel, Juneau, Alaska--safety zone.
165.1703 Ammunition Island, Port Valdez, Alaska.
165.1704 Prince William Sound, Alaska-regulated navigation area.
165.1706 Gastineau Channel, Juneau, Alaska--Safety Zone.
[[Page 641]]
165.1708 Tongass Narrows, Ketchikan, Alaska--Safety Zone.
165.1709 Security Zones: Liquefied Natural Gas Tanker Transits and
Operations at Phillips Petroleum LNG Pier, Cook Inlet, AK.
Subpart G_Protection of Naval Vessels
165.2010 Purpose.
165.2015 Definitions.
165.2020 Enforcement authority.
165.2025 Atlantic Area.
165.2030 Pacific Area.
Authority: 33 U.S.C. 1226, 1231; 46 U.S.C. Chapter 701; 50 U.S.C.
191, 195; 33 CFR 1.05-1(g), 6.04-1, 6.04-6, and 160.5; Pub. L. 107-295,
116 Stat. 2064; Department of Homeland Security Delegation No. 0170.1.
Source: CGD 79-034, 47 FR 29660, July 8, 1982, unless otherwise
noted.
Subpart A_General
Sec. 165.1 Purpose of part.
The purpose of this part is to:
(a) Prescribe procedures for establishing different types of limited
or controlled access areas and regulated navigation areas;
(b) Prescribe general regulations for different types of limited or
controlled access areas and regulated navigation areas;
(c) Prescribe specific requirements for established areas; and
(d) List specific areas and their boundaries.
Sec. 165.5 Establishment procedures.
(a) A safety zone, security zone, or regulated navigation area may
be established on the initiative of any authorized Coast Guard official.
(b) Any person may request that a safety zone, security zone, or
regulated navigation area be established. Except as provided in
paragraph (c) of this section, each request must be submitted in writing
to either the Captain of the Port or District Commander having
jurisdiction over the location as described in Part 3 of this chapter,
and include the following:
(1) The name of the person submitting the request;
(2) The location and boundaries of the safety zone, security zone,
or regulated navigation area;
(3) The date, time, and duration that the safety zone, security
zone, or regulated navigation area should be established;
(4) A description of the activities planned for the safety zone,
security zone, or regulated navigation area;
(5) The nature of the restrictions or conditions desired; and
(6) The reason why the safety zone, security zone, or regulated
navigation area is necessary.
(Requests for safety zones, security zones, and regulated navigation
areas are approved by the Office of Management and Budget under control
number 2115-0076, 2115-0219, and 2115-0087).
(c) Safety Zones and Security Zones. If, for good cause, the request
for a safety zone or security zone is made less than 5 working days
before the zone is to be established, the request may be made orally,
but it must be followed by a written request within 24 hours.
[CGD 79-034, 47 FR 29660, July 8, 1982, as amended by CGD 79-026, 48 FR
35408, Aug. 4, 1983]
Sec. 165.7 Notification.
(a) The establishment of these limited access areas and regulated
navigation areas is considered rulemaking. The procedures used to notify
persons of the establishment of these areas vary depending upon the
circumstances and emergency conditions. Notification may be made by
marine broadcasts, local notice to mariners, local news media,
distribution in leaflet form, and on-scene oral notice, as well as
publication in the Federal Register.
(b) Notification normally contains the physical boundaries of the
area, the reasons for the rule, its estimated duration, and the method
of obtaining authorization to enter the area, if applicable, and special
navigational rules, if applicable.
(c) Notification of the termination of the rule is usually made in
the same
form as the notification of its establishment.
Sec. 165.8 Geographic coordinates.
Geographic coordinates expressed in terms of latitude or longitude,
or both, are not intended for plotting on maps or charts whose
referenced horizontal datum is the North American Datum of
[[Page 642]]
1983 (NAD 83), unless such geographic coordinates are expressly labeled
NAD 83. Geographic coordinates without the NAD 83 reference may be
plotted on maps or charts referenced to NAD 83 only after application of
the appropriate corrections that are published on the particular map or
chart being used.
[CGD 86-082, 52 FR 33811, Sept. 8, 1987]
Sec. 165.9 Geographic application of limited and controlled access
areas and regulated navigation areas.
(a) General. The geographic application of the limited and
controlled access areas and regulated navigation areas in this part are
determined based on the statutory authority under which each is created.
(b) Safety zones and regulated navigation areas. These zones and
areas are created under the authority of the Ports and Waterways Safety
Act, 33 U.S.C. 1221-1232. Safety zones established under 33 U.S.C. 1226
and regulated navigation areas may be established in waters subject to
the jurisdiction of the United States as defined in Sec. 2.38 of this
chapter, including the territorial sea to a seaward limit of 12 nautical
miles from the baseline.
(c) Security zones. These zones have two sources of authority--the
Ports and Waterways Safety Act, 33 U.S.C. 1221-1232, and the Act of June
15, 1917, as amended by both the Magnuson Act of August 9, 1950
(``Magnuson Act''), 50 U.S.C. 191-195, and sec. 104 the Maritime
Transportation Security Act of 2002 (Pub. L. 107-295, 116 Stat. 2064).
Security zones established under either 33 U.S.C. 1226 or 50 U.S.C. 191
may be established in waters subject to the jurisdiction of the United
States as defined in Sec. 2.38 of this chapter, including the
territorial sea to a seaward limit of 12 nautical miles from the
baseline.
(d) Naval vessel protection zones. These zones are issued under the
authority of 14 U.S.C. 91 and 633 and may be established in waters
subject to the jurisdiction of the United States as defined in Sec.
2.38 of this chapter, including the territorial sea to a seaward limit
of 3 nautical miles from the baseline.
[USCG-2001-9044, 68 FR 42602, July 18, 2003]
Subpart B_Regulated Navigation Areas
Sec. 165.10 Regulated navigation areas.
A regulated navigation area is a water area within a defined
boundary for which regulations for vessels navigating within the area
have been established under this part.
Sec. 165.11 Vessel operating requirements (regulations).
Each District Commander may control vessel traffic in an area which
is determined to have hazardous conditions, by issuing regulations:
(a) Specifying times of vessel entry, movement, or departure to,
from, within, or through ports, harbors, or other waters;
(b) Establishing vessel size, speed, draft limitations, and
operating conditions; and
(c) Restricting vessel operation, in a hazardous area or under
hazardous conditions, to vessels which have particular operating
characteristics or capabilities which are considered necessary for safe
operation under the circumstances.
[CGD 79-026, 48 FR 35408, Aug. 4, 1983]
Sec. 165.13 General regulations.
(a) The master of a vessel in a regulated navigation area shall
operate the vessel in accordance with the regulations contained in
Subpart F.
(b) No person may cause or authorize the operation of a vessel in a
regulated navigation area contrary to the regulations in this part.
Subpart C_Safety Zones
Sec. 165.20 Safety zones.
A Safety Zone is a water area, shore area, or water and shore area
to which, for safety or environmental purposes, access is limited to
authorized persons, vehicles, or vessels. It may be stationary and
described by fixed limits or it may be described as a zone around a
vessel in motion.
Sec. 165.23 General regulations.
Unless otherwise provided in this part:
[[Page 643]]
(a) No person may enter a safety zone unless authorized by the COTP
or the District Commander;
(b) No person may bring or cause to be brought into a safety zone
any vehicle, vessel, or object unless authorized by the COTP or the
District Commander;
(c) No person may remain in a safety zone or allow any vehicle,
vessel, or object to remain in a safety zone unless authorized by the
COTP or the District Commander; and
(d) Each person in a safety zone who has notice of a lawful order or
direction shall obey the order or direction of the COTP or District
Commander issued to carry out the purposes of this subpart.
Subpart D_Security Zones
Sec. 165.30 Security zones.
(a) A security zone is an area of land, water, or land and water
which is so designated by the Captain of the Port or District Commander
for such time as is 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.
(b) The purpose of a security zone is to safeguard from destruction,
loss, or injury from sabotage or other subversive acts, accidents, or
other causes of a similar nature:
(1) Vessels,
(2) Harbors,
(3) Ports, and
(4) Waterfront facilities:
in the United States and all territory and water, continental or
insular, that is subject to the jurisdiction of the United States.
Sec. 165.33 General regulations.
Unless otherwise provided in the special regulations in Subpart F of
this part:
(a) No person or vessel may enter or remain in a security zone
without the permission of the Captain of the Port;
(b) Each person and vessel in a security zone shall obey any
direction or order of the Captain of the Port;
(c) The Captain of the Port may take possession and control of any
vessel in the security zone;
(d) The Captain of the Port may remove any person, vessel, article,
or thing from a security zone;
(e) No person may 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; and
(f) No person may take or place any article or thing upon any
waterfront facility in a security zone without the permission of the
Captain of the Port.
Subpart E_Restricted Waterfront Areas
Sec. 165.40 Restricted waterfront areas.
The Commandant, may direct the COTP to prevent access to waterfront
facilities, and port and harbor areas, including vessels and harbor
craft therein. This section may apply to persons who do not possess the
credentials outlined in Sec. 125.09 of this chapter when certain
shipping activities are conducted that are outlined in Sec. 125.15 of
this chapter.
Subpart F_Specific Regulated Navigation Areas and Limited Access Areas
First Coast Guard District
Sec. 165.T01-155 Safety Zone: Wantagh Parkway Number 3 Bridge over the
Sloop Channel, Town of Hempstead, NY.
(a) Location. The following area is a safety zone: All waters of the
Sloop Channel in Hempstead, NY within 300-yards of the Wantagh Parkway
Number 3 Bridge over the Sloop Channel.
(b) Effective date. This section is effective from 12:01 a.m. on
January 1, 2005 until 11:59 p.m. on December 31, 2005.
(c) Regulations. (1) In accordance with the general regulations in
165.23 of this part, entry into or movement within this zone is
prohibited unless authorized by the Captain of the Port (COTP), Long
Island Sound.
(3) All persons and vessels shall comply with the instructions of
the COTP, or the designated on-scene U.S. Coast
[[Page 644]]
Guard representative. On-scene Coast Guard patrol personnel include
commissioned, warrant, and petty officers of the Coast Guard on board
Coast Guard, Coast Guard Auxiliary, and local, state, and federal law
enforcement vessels.
[CGD01-04-155, 70 FR 2019, Jan. 12, 2005, as amended by CGD001-05-050,
70 FR 30638, May 27, 2005]
Effective Date Note: By CGD01-04-155, 70 FR 2019, Jan. 12, 2005,
Sec. 165.155 was added, effective from 12:01 a.m. on Jan. 1, 2005 to
11:59 p.m. on May 31, 2005. By CGD01-05-050, 70 FR 30638, May 27, 2005,
paragraph (b) was revised and the effective date was extended until
11:59 p.m. on Dec. 31, 2005.
Sec. 165.100 Regulated Navigation Area: Navigable waters within the
First Coast Guard District.
(a) Regulated navigation area. All navigable waters of the United
States, as that term is used in 33 CFR 2.05-25(a), within the geographic
boundaries of the First Coast Guard District, as defined in 33 CFR 3.05-
1(b).
(b) Definitions. Terms used in this section have the same meaning as
those found in 33 CFR 157.03. Single-hull identifies any tank barge that
is not a double-hull tank barge.
(c) Applicability. This section applies to primary towing vessels
engaged in towing tank barges carrying petroleum oil in bulk as cargo in
the regulated navigation area, or as authorized by the District
Commander.
(d) Regulations--(1) Positive control for barges. (i) Except as
provided in paragraph (d)(1)(iii) of this section, each single-hull tank
barge, unless being towed by a primary towing vessel with twin-screw
propulsion and with a separate system for power to each screw, must be
accompanied by an escort or assist tug of sufficient capability to
promptly push or tow the tank barge away from danger of grounding or
collision in the event of--
(A) A propulsion failure;
(B) A parted towing line;
(C) A loss of tow;
(D) A fire;
(E) Grounding;
(F) A loss of steering; or
(G) Any other casualty that affects the navigation or seaworthiness
of either vessel.
(ii) Double-hull tank barges are exempt from paragraph (d)(1)(i) of
this section.
(iii) The cognizant Captain of the Port (COTP), upon written
application, may authorize an exemption from the requirements of
paragraph (d)(1)(i) of this section for--
(A) Any tank barge with a capacity of less than 25,000 barrels,
operating in an area with limited depth or width such as a creek or
small river; or
(B) Any tank barge operating on any waters within the COTP Zone, if
the operator demonstrates to the satisfaction of the COTP that the barge
employs an equivalent level of safety to that provided by the positive
control provisions of this section. Each request for an exemption under
this paragraph must be submitted in writing to the cognizant COTP no
later than 7 days before the intended transit.
(iv) The operator of a towing vessel engaged in towing any tank
barge must immediately call for an escort or assist tug to render
assistance in the event of any of the occurrences identified in
paragraph (d)(1)(i) of this section.
(2) Enhanced communications. Each vessel engaged in towing a tank
barge must communicate by radio on marine band or Very High Frequency
(VHF) channel 13 or 16, and issue security calls on marine band or VHF
channel 13 or 16, upon approach to the following places:
(i) Execution Rocks Light (USCG Light List No. [LLNR] 21440).
(ii) Matinecock Point Shoal Buoy (LLNR 21420).
(iii) 32A Buoy (LLNR 21380).
(iv) Cable and Anchor Reef Buoy (LLNR 21330).
(v) Stratford Middle Ground Light (LLNR 21260).
(vi) Old Field Point Light (LLNR 21275).
(vii) Approach to Stratford Point from the south (NOAA Chart 12370).
(viii) Falkner Island Light (LLNR 21170).
(ix) TE Buoy (LLNR 21160).
(x) CF Buoy (LLNR 21140).
(xi) PI Buoy (LLNR 21080).
(xii) Race Rock Light (LLNR 19815).
(xiii) Valiant Rock Buoy (LLNR 19825).
[[Page 645]]
(xiv) Approach to Point Judith in vicinity of Block Island ferry
route.
(xv) Buzzards Bay Entrance Light (LLNR 630).
(xvi) Buzzards Bay Midchannel Lighted Buoy (LLNR 16055)
(xvii) Cleveland East Ledge Light (LLNR 16085).
(xviii) Hog Island buoys 1 (LLNR 16130) and 2 (LLNR 16135).
(xix) Approach to the Bourne Bridge.
(xx) Approach to the Sagamore Bridge.
(xxi) Approach to the eastern entrance of Cape Cod Canal.
(3) Voyage planning. (i) Each owner or operator of a towing vessel
employed to tow a tank barge shall prepare a written voyage plan for
each transit of the tank barge.
(ii) The watch officer is authorized to make modifications to the
plan and validate it as necessary.
(iii) Except as provided in paragraph (d)(3)(iv) of this section,
each voyage plan must contain:
(A) A description of the type, volume, and grade of cargo.
(B) Applicable information from nautical charts and publications,
including Coast Pilot, Coast Guard Light List, and Coast Guard Local
Notice to Mariners, for the destination(s).
(C) Current and forecasted weather, including visibility, wind, and
sea state for the destination(s).
(D) Data on tides and tidal currents for the destination(s).
(E) Forward and after drafts of the tank barge, and under-keel and
vertical clearances for each port and berthing area.
(F) Pre-departure checklists.
(G) Calculated speed and estimated times of arrival at proposed
waypoints.
(H) Communication contacts at Vessel Traffic Service (VTS) (if
applicable), bridges, and facilities, and port-specific requirements for
VHF radio.
(I) The master's standing orders detailing closest points of
approach, special conditions, and critical maneuvers.
(iv) Each owner or operator of a tank barge on an intra-port transit
of not more than four hours may prepare a voyage plan that contains:
(A) The information described in paragraphs (d)(3)(iii)(D) and (E)
of this section.
(B) Current weather conditions including visibility, wind, and sea
state. This information may be entered in either the voyage plan or
towing vessel's log book.
(C) The channels of VHF radio to monitor.
(D) Other considerations such as availability of pilot, assist tug,
berth, and line-handlers, depth of berth at mean low water, danger
areas, and security calls.
(4) Navigation restriction areas. Unless authorized by the cognizant
COTP, no tank barge may operate in--
(i) The waters of Cape Cod Bay south of latitude 42[deg]5[min] North
and east of longitude 70[deg]25[min] West; or
(ii) The waters of Fishers Island Sound east of longitude
72[deg]2[min] West, and west of longitude 71[deg]55[min] West.
(e) In addition to the authority for this part 165, this section is
also authorized under authority of section 311, Pub. L. 105-383.
[CGD1-98-151, 63 FR 71770, Dec. 30, 1998, as amended by CGD01-98-151, 64
FR 12749, Mar. 15, 1999; USCG-1999-5832, 64 FR 34715, June 29, 1999;
CGD01-98-151, 65 FR 35838, June 6, 2000]
Sec. 165.101 Kittery, Maine--regulated navigation area.
(a) The following is a regulated navigation area--Waters within the
boundaries of a line beginning at 43[deg]04[min]50[sec] N,
70[deg]44[min]52[sec] W; then to 43[deg]04[min]52[sec] N,
70[deg]44[min]53[sec] W; then to 43[deg]04[min]59[sec] N,
70[deg]44[min]46[sec] W; then to 43[deg]05[min]05[sec] N,
70[deg]44[min]32[sec] W; then to 43[deg]05[min]03[sec] N,
70[deg]44[min]30[sec] W; then to the beginning point.
(b) Regulations--No vessel may operate in this area at a speed in
excess of five miles per hour.
Sec. 165.102 Security Zone: Walkers Point, Kennebunkport ME.
(a) Location. The following area is a security zone: From point of
land located on Cape Arundel at latitude 43[deg]20.4[min] North,
Iongitude 070[deg]28.0[min] West; thence to a point approximately 500
yards southwest of Walkers Point located at latitude 43[deg]20.2[min]
North, longitude 070[deg]27.9[min] West; thence to a point located
approximately 500 yards south of Walkers Point at latitude
43[deg]20.1[min]
[[Page 646]]
North, longitude 070[deg]27.6[min] West; thence to a point located
approximately southeast of Walkers Point at latitude 43[deg]20.4[min]
North, longitude 070[deg]27.2[min] West; thence to an unnamed point of
land located at 43[deg]20.9[min] North, longitude 070[deg]27.1[min]
West; thence along the shoreline of Walkers Point to the beginning
point. The aforementioned offshore positions are approximated by white
buoys marked in orange indicating an exclusionary area.
(b) Regulations. (1) In accordance with the general regulations in
Sec. 165.33 of this part, entry into this zone is prohibited unless
authorized by the Captain of the Port, Portland, Maine. Section 165.33
also contained other general requirements.
(2) No person may swim upon or below the surface of the water within
the boundaries of this security zone.
[CGDI 89-008, 54 FR 13883, Apr. 6, 1989]
Sec. 165.103 Safety and Security Zones; LPG Vessel Transits in
Portland, Maine, Captain of the Port Zone, Portsmouth Harbor,
Portsmouth, New Hampshire.
(a) Location. The following areas are safety and security zones: (1)
Except as provided in paragraph (a) (2) of this section, all navigable
waters of the Portland, Maine, Captain of the Port zone, as defined in
33 CFR 3.05-15, one mile ahead, one half mile astern, and 1000-yards on
either side of any Liquefied Petroleum Gas vessel.
(2) All waters of the Piscataqua River within a 500-yard radius of
any Liquefied Petroleum Gas (LPG) vessel while it is moored at the LPG
receiving facility on the Piscataqua River, Newington, New Hampshire.
(b) Definitions. For purposes of this section, navigable waters of
the United States includes all waters of the territorial sea as
described in Presidential Proclamation No. 5928 of December 27, 1988.
Presidential Proclamation No. 5928 of December 27, 1988 declared that
the territorial sea of the United States extends to 12 nautical miles
from the baseline of the United States.
(c) Regulations. (1) In accordance with the general regulations in
Sec. Sec. 165.23 and 165.33 of this part, entry into or movement within
these zones is prohibited unless previously authorized by the Captain of
the Port (COTP), Portland, Maine.
(2) All persons and vessels shall comply with the instructions of
the COTP or the designated on-scene U.S. Coast Guard patrol personnel.
On-scene Coast Guard patrol personnel include commissioned, warrant, and
petty officers of the Coast Guard on board Coast Guard, Coast Guard
Auxiliary, and local, state, and federal law enforcement vessels.
Emergency response vessels are authorized to move within the zone, but
must abide by restrictions imposed by the Captain of the Port.
(3) No person may swim upon or below the surface of the water within
the boundaries of the safety and security zones unless previously
authorized by the Captain of the Port, Portland, Maine or his authorized
patrol representative.
(d) The Captain of the Port will notify the maritime community and
local agencies of periods during which these safety and security zones
will be in effect by providing notice of arrivals and departures of LPG
vessels via the telephone and/or Marine Safety Information Radio
Broadcasts.
[CGD01-02-045, 67 FR 56487, Sept. 4, 2002]
Sec. 165.104 Safety Zone: Vessel Launches, Bath Iron Works, Kennebec
River, Bath, Maine.
(a) Location. The following is a safety zone: all waters of the
Kennebec River within a 150-yard radius of the Bath Iron Works dry dock
while it is being moved to and from its moored position at the Bath
IronWorks Facility in Bath, Maine to a deployed position in the Kennebec
River, and while launching or recovering vessels.
(b) Regulations. (1) In accordance with the general regulations in
Sec. 165.23 of this part, entry into or movement within this zone is
prohibited unless authorized by the Captain of the Port, Portland,
Maine.
(2) All vessel operators shall comply with the instructions of the
COTP or the designated on-scene U. S. Coast Guard patrol personnel. On-
scene Coast Guard patrol personnel include commissioned, warrant and
petty officers of the Coast Guard on board Coast Guard, Coast
GuardAuxiliary, local,
[[Page 647]]
state and federal law enforcement vessels.
(c) Notifications. The Captain of the Port will notify the maritime
community of periods during which this safety zone will be in effect by
providing advance notice via Marine Safety Information RadioBroadcasts.
[CGD01-01-155, 67 FR 49582, July 31, 2002]
Sec. 165.105 Security Zones; Passenger Vessels, Portland, Maine,
Captain of the Port Zone.
(a) Definition. ``Passenger vessel'' as used in this section means a
passenger vessel over 100 gross tons authorized to carry more than 500
passengers for hire making voyages, any part of which is on the high
seas, and for which passengers are embarked, disembarked or pay a port
call, in the Portland, Maine, Captain of the Port zone as delineated in
33 CFR 3.05-15.
(b) Location. The following areas are security zones:
(1) All navigable waters within the Portland, Maine, Captain of the
Port Zone, extending from the surface to the sea floor, within a 100-
yard radius of any passenger vessel that is anchored, moored, or in the
process of mooring.
(2) All navigable waters, within the Portland, Maine, Captain of the
Port Zone, extending from the surface to the sea floor, extending 200
yards ahead, and 100 yards aside and astern of any passenger vessel that
is underway.
(c) Regulations. (1) In accordance with the general regulations in
Sec. 165.33 of this part, entry into or movement within these zones is
prohibited unless previously authorized by the Coast Guard Captain of
the Port, Portland, Maine (COTP) or his designated representative.
(2) All persons and vessels must comply with the instructions of the
COTP or the designated on-scene Coast Guard patrol personnel. On-scene
Coast Guard patrol personnel include commissioned, warrant and petty
officers of the Coast Guard on board Coast Guard, Coast Guard Auxiliary,
and local, state and federal law enforcement vessels. Emergency response
vessels are authorized to move within the zone, but must abide by
restrictions imposed by the COTP or his designated representative.
(3) No person may swim upon or below the surface of the water within
the boundaries of these security zones unless previously authorized by
the COTP or his designated representative.
(d) Enforcement. The Captain of the Port will enforce these zones
and may enlist the aid and cooperation of any Federal, state, county,
municipal, or private agency to assist in the enforcement of the
regulation.
[CGD01-03-001, 68 FR 22305, Apr. 28, 2003]
Sec. 165.106 Security Zone: Seabrook Nuclear Power Plant, Seabrook,
New Hampshire.
(a) Location. The following area is a security zone: All land and
waters within 250 yards of the waterside property boundary of Seabrook
Nuclear Power Plant identified as follows: beginning at position
42[deg]53[min]58[sec] N, 070[deg]51[min]06[sec] W then running along the
property boundaries of Seabrook Nuclear Power Plant to position
42[deg]53[min]46[sec] N, 070[deg]51[min]06[sec] W. All coordinates
reference 1983 North American Datum (NAD 83).
(b) Regulations. (1) In accordance with the general regulations in
Sec. 165.33 of this part, entry into or movement within this zone is
prohibited unless authorized by the Captain of the Port, Portland, Maine
(COTP).
(2) All persons and vessels shall comply with the instructions of
the Coast Guard Captain of the Port, Portland, Maine or designated on-
scene U.S. Coast Guard patrol personnel. On-scene Coast Guard patrol
personnel include commissioned, warrant, and petty officers of the Coast
Guard on board Coast Guard, Coast Guard Auxiliary, local, state and
federal law enforcement vessels.
(3) No person may swim upon or below the surface of the water within
the boundaries of this security zone.
[CGD01-02-092, 67 FR 64815, Oct. 22, 2002]
Sec. 165.110 Safety and Security Zone; Liquefied Natural Gas Carrier
Transits and Anchorage Operations, Boston, Massachusetts.
(a) Definition. For purposes of this section, navigable waters of
the United States includes all waters of the territorial sea as
described in Presidential Proclamation No. 5928 of December 27, 1988.
Presidential Proclamation No.
[[Page 648]]
5928 of December 27, 1988 declared that the territorial sea of the
United States extends to 12 nautical miles from the baseline of the
United States.
(b) Location. The following areas are safety and security zones:
(1) Vessels underway. All navigable waters of the United States
within the Captain of the Port (COTP) Boston zone, as defined in 33 CFR
3.05-10, two miles ahead and one mile astern, and 500 yards on each side
of any liquefied natural gas carrier (LNGC) vessel while underway.
(2) Vessels anchored in the Broad Sound. All waters within a 500-
yard radius of any anchored LNGC vessel located in the waters of Broad
Sound bounded by a line starting at position 42 deg. 25[min] N, 070 deg.
58[min] W; then running southeast to position 42 deg. 22[min] N, 070
deg. 56[min] W; then running east to position 42 deg. 22[min] N, 070
deg. 50[min] W; then running north to position 42 deg. 25[min] N, 070
deg. 50[min] W; then running west back to the starting point (NAD 83).
(3) Vessels moored at the Distrigas LNG facility. All waters within
a 400-yard radius of any LNGC vessel moored at the Distrigas LNG
facility in Everett, MA.
(c) Regulations. (1) In accordance with the general regulations in
Sec. 165.23 and Sec. 165.33 of this part, entry into or movement within
these zones is prohibited unless authorized by the Captain of the Port
Boston, or his/her authorized representative.
(2) All vessel operators shall comply with the instructions of the
COTP or his/her designated on-scene U.S. Coast Guard patrol personnel.
On-scene Coast Guard patrol personnel include commissioned, warrant, and
petty officers of the Coast Guard on board Coast Guard, Coast Guard
Auxiliary, local, State, and Federal law enforcement vessels.
(3) No person may enter the waters within the boundaries of the
safety and security zones in this section unless previously authorized
by the Captain of the Port, Boston, or his/her authorized patrol
representative.
[CGD01-02-023, 67 FR 63263, Oct. 11, 2002]
Sec. 165.111 Safety Zone: Boston Harbor, Boston, Massachusetts.
(a) The following areas are established as safety zones during the
conditions specified:
(1) Around the U.S.S. Constitution or any accompanying parade
vessels when Constitution is under way--300 yards in all directions in
the waters around the U.S.S. Constitution and each parade vessel
accompanying Constitution whenever the U.S.S. Constitution is underway
in Boston Harbor from the time such vessels depart their respective
berths until the time they complete their transit and are safely moored.
(2) Whenever Constitution is moored at Pier 1, Charlestown Navy
Yard--the waters between Hoosac Pier and Pier 1, Charlestown Navy Yard,
from the imaginary line connecting the outer easternmost point
protruding into Boston Harbor from Hoosac Pier to the outer westernmost
point protruding into Boston Harbor from Pier 1, Charlestown Navy Yard,
extending inbound along the face of both piers to the landside points
where both piers end.
(3) Around the U.S.S. Constitution--fifty yards in all directions in
the waters around Constitution when the vessel is moored at any Boston
berthing location other than Pier 1, Charlestown Navy Yard.
(b) The general regulations governing safety zones as contained in
33 CFR 165.23 apply.
[CGD1 91-109, 57 FR 30407, July 9, 1992]
Sec. 165.112 Safety Zone: USS CASSIN YOUNG, Boston, Massachusetts.
(a) Location. The following area is a safety zone:
Around the USS CASSIN YOUNG (DD-793) and any accompanying parade
vessels when the USS CASSIN YOUNG is underway. The zone extends 100
yards in all directions in the waters around the USS CASSIN YOUNG and
accompanying parade vessels whenever the USS CASSIN YOUNG is underway in
Boston Harbor from the time the USS CASSIN YOUNG departs its berth until
it is safely moored.
[[Page 649]]
(b) Regulations. The general regulations governing safety zones as
contained in 33 CFR 165.23 apply.
[CGD01-93-001, 58 FR 47991, Sept. 14, 1993]
Sec. 165.113 Security Zone: Dignitary arrival/departure Logan
International Airport, Boston, MA
(a) Location. The permanent security zone consists of four sectors
that may be activated in part, or in whole, upon the request of the U.S.
Secret Service. These zones are for the protection of the President or
Vice President of the United States, as well as visiting heads of
foreign states or foreign governments arriving at, or departing from,
Logan International Airport and as determined by the transit route
across Boston Harbor. The security zone will be as follows:
(1) Sector one will go into effect 15 minutes prior to the scheduled
landing or takeoff of the aircraft carrying either the President, Vice
President, or visiting heads of foreign states or foreign governments at
Logan International Airport. Sector one will preclude all vessels from
approaching within three hundred yards of the Logan International
Airport shoreline, bound on the west by a line drawn between positions
42[deg]22[min]45[sec] N., 071[deg]01[min]05[sec] W. and
42[deg]21[min]48[sec] N., 071[deg]01[min]45[sec] W. (NAD) 1983).
(2) Sector two will go into effect 15 minutes before the vehicle
carrying the President, Vice President, or visiting heads of foreign
states or foreign governments enters the Callahan Tunnel or Sumner
Tunnel. Sector two may preclude vessels, as necessary, from entering an
area of the main ship channel, Boston Inner Harbor; fifty yards in all
directions from a point directly above the Callahan Tunnel or Sumner
Tunnel.
(3) Sector three will go into effect 15 minutes before the vehicle
carrying the President, Vice President, or visiting heads of foreign
states or foreign governments enters the Ted Williams Tunnel. Sector
three may preclude vessels, as necessary, from entering an area of the
main ship channel, Boston Inner Harbor, fifty yards in all directions
from a point directly above the Ted Williams Tunnel.
(4) Sector four will go into effect 15 minutes before the President,
Vice President, or visiting heads of foreign states or foreign
governments board the designated transport vessel. Sector four will
preclude all vessels from approaching within three hundred yards in all
directions from the designated vessel transporting the President, Vice
President, or visiting heads of foreign states or foreign governments
between Logan International Airport and any location in Boston Harbor.
(5) The activation of a particular sector of this security zone will
be announced via Safety Marine Information Broadcasts and/or by locally
issued notices.
(b) Regulations. (1) The general regulations covering security zones
contained in 33 CFR 165.33 apply.
(2) All persons and vessels shall comply with the instructions of
the Coast Guard Captain of the Port or the designated on scene patrol
personnel. Coast Guard patrol personnel include commissioned, warrant,
and petty officers of the Coast Guard. Upon being hailed by a Coast
Guard vessel via siren, radio, flashing light, or other means, the
operator of a vessel shall proceed as directed.
[CGD01-97-004, 63 FR 16117, Apr. 2, 1998]
Sec. 165.114 Safety and Security Zones: Escorted Vessels--Boston Harbor,
Massachusetts.
(a) Location. The following waters within the Boston Captain of the
Port Zone, 1000 yards ahead and astern, and 100 yards on each side of
any designated escorted vessel, are established as safety and security
zones: All waters of Boston Inner Harbor, including the waters of the
Mystic River, Chelsea River, and Reserved Channel west of a line running
from Deer Island Light, at position 42[deg]20[min]25[sec] N,
070[deg]57[min]15[sec] W, to Long Island, at position
42[deg]19[min]48[sec] N, 070[deg]57[min]15[sec] W, and west of the Long
Island Bridge, running from Long Island to Moon Head.
(b) Escorted vessel definition. For the purposes of this section,
escorted vessels operating in Boston Harbor include the following: Any
vessels deemed to be in need of escort protection by the Captain of the
Port, Boston for security reasons.
[[Page 650]]
(c) Regulations. (1) In accordance with the general regulations in
Sec. Sec. 165.23 and 165.33 of this part, entry into or movement within
this zone is prohibited unless authorized by the Captain of the Port
Boston.
(2) All vessel operators shall comply with the instructions of the
COTP or the designated on-scene U.S. Coast Guard patrol personnel. On-
scene Coast Guard patrol personnel include commissioned, warrant, and
petty officers of the Coast Guard on board Coast Guard, Coast Guard
Auxiliary, local, state, and federal law enforcement vessels.
[CGD01-01-227, 67 FR 20912, Apr. 29, 2002, as amended by CGD01-01-227,
67 FR 63265, Oct. 11, 2002]
Sec. 165.115 Safety and Security Zones; Pilgrim Nuclear Power Plant,
Plymouth, Massachusetts.
(a) Location. All waters of Cape Cod Bay and land adjacent to those
waters enclosed by a line beginning at position 41[deg]57[min]5[sec] N,
070[deg]34[min]42[sec] W; then running southeast to position
41[deg]56[min]40.5[sec] N, 070[deg]41[min]4.5[sec] W; then running
southwest to position 41[deg]56[min]32[sec] N, 070[deg]34[min]14[sec] W;
then running northwest to position 41[deg]56[min]55.5[sec] N,
070[deg]34[min]52[sec] W; then running northeast back to position
41[deg]57[min]5[sec] N, 070[deg]34[min]42[sec] W.
(b) Regulations. (1) In accordance with the general regulations in
Sec. Sec. 165.23 and 165.33 of this part, entry into or movement within
these zones is prohibited unless authorized by the Captain of the Port
Boston.
(2) All vessel operators shall comply with the instructions of the
COTP or the designated on-scene U.S. Coast Guard patrol personnel. On-
scene Coast Guard patrol personnel include commissioned, warrant, and
petty officers of the Coast Guard on board Coast Guard, Coast Guard
Auxiliary, local, state, and federal law enforcement vessels.
(3) No person may enter the waters or land area within the
boundaries of the safety and security zones unless previously authorized
by the Captain of the Port, Boston or his authorized patrol
representative.
[CGD01-02-002, 67 FR 37693, May 30, 2002]
Sec. 165.116 Safety and Security Zones; Salem and Boston Harbors,
Massachusetts.
(a) Location. The following areas are permanent safety and security
zones:
(1) Reserved Channel, Boston Harbor. All waters of Boston Harbor
within one hundred fifty (150) yards off the bow and stern and one
hundred (100) yards abeam of any vessel moored at the Massachusetts Port
Authority Black Falcon Terminal;
(2) Boston Inner Harbor. All waters of Boston Harbor within one
hundred (100) feet of the Coast Guard Integrated Support Command (ISC)
Boston piers and;
(3) Salem Harbor. All waters of Salem Harbor within a two-hundred
and fifty (250) yard radius of the center point of the PG & E Power
Plant Terminal Wharf, Salem, MA, located at 42[deg]31.33[min] N,
070[deg]52.67[min] W when a vessel is moored at this pier. All
coordinates are North American Datum 1983.
(b) Effective date. This section becomes effective July 1, 2002.
(c) Regulations. (1) In accordance with the general regulations in
Sec. 165.23 and Sec. 165.33 of this part, entry into or movement
within these zones is prohibited unless authorized by the Captain of the
Port Boston.
(2) All vessel operators shall comply with the instructions of the
Captain of the Port or the designated on-scene U.S. Coast Guard patrol
personnel. On-scene Coast Guard patrol personnel include commissioned,
warrant, and petty officers of the Coast Guard on board Coast Guard,
Coast Guard Auxiliary, local, state, and federal law enforcement
vessels.
(3) No person may enter the waters or land area within the
boundaries of the safety and security zones unless previously authorized
by the Captain of the Port, Boston or his authorized patrol
representative.
[CGD01-02-016, 67 FR 45909, July 11, 2002]
Sec. 165.120 Safety Zone: Chelsea River, Boston Inner Harbor, Boston, MA.
(a) Location. The following area is a safety zone: The waters of the
Chelsea River, Boston Inner Harbor, for 100 yards upstream and
downstream of the center of the Chelsea Street Draw span
[[Page 651]]
(in the approximate position of Latitude 42[deg]33[min]10[sec] N.,
Longitude 71[deg]01[min]23[sec] W.).
(b) Regulation. The following standards are the minimum requirements
for transit of the Safety Zone. Additional precautions may be taken by
the pilot and/or person in charge (Master or Operator).
(1) All tankships greater than 1,000 Gross Tons shall be under the
direction and control of the Licensed Federal Pilot. This does not
relieve persons in charge (Masters or Operators) from their ultimate
responsibility for the safe navigation of vessels.
(2) All vessel(s) speed shall be kept to a minimum considering all
factors and the need for optimum vessel control.
(3) Restrictions on size and draft of vessels:
(i) No vessel greater than 661 feet in length (using length overall)
or greater than 90.5 feet in beam (using extreme breadth) shall transit
the Safety Zone.
(ii) No vessel greater than 630.5 feet in length or 85.5 feet or
greater in beam shall transit the Safety Zone during the period between
sunset and sunrise.
(iii) No tankship greater than 550.5 feet in length shall transit
the Safety Zone, either inbound or outbound, with a draft less than 18.0
feet forward and 24.0 feet aft.
(4) Restrictions when the Chelsea River channel is obstructed by
vessel(s) moored at the Northeast Petroleum Terminal located downstream
of the Chelsea Street Bridge on the Chelsea, MA side of the Chelsea
River--hereafter referred to as the Jenny Dock (approximate position
42[deg]23[min]09[sec] N., 71[deg]01[min]31[sec] W.)--or the Mobile Oil
Terminal located on the East Boston Side of the Chelsea River downstream
of the Chelsea Street Bridge (approximate position 42[deg]23[min]05[sec]
N., 71[deg]01[min]31[sec] W.):
(i) When there is a vessel moored at each terminal, no vessel
greater than 300.5 feet in length or greater than 60.5 feet in beam,
shall transit the safety zone.
(ii) When a vessel with a beam greater than 60.5 feet is moored at
either terminal, no vessel greater than 630.5 feet in length or greater
than 85.5 feet in beam shall transit the Safety Zone.
(iii) When a vessel with a beam greater than 85.5 feet is moored at
either terminal, no vessel greater than 550.5 feet in length or greater
than 85.5 feet in beam shall transit the Safety Zone.
(5) Requirements for tug assistance:
(i) All tankships greater than 630.5 feet in length or greater than
85.5 feet in beam shall be assisted by at least four tugs of adequate
horsepower.
(ii) All tankships from 450 feet in length up to and including 630.5
feet in length and less than 85.5 feet in beam shall be assisted by at
least three tugs of adequate horsepower.
(iii) All tug/barge combinations with a tonnage of over 10,000 Gross
Tons (for the barge(s), in all conditions of draft, shall be assisted by
at least one tug of adequate horsepower.
(6) U.S. Certificated integrated tug/barge (ITB) combinations shall
meet the requirements of a tankship of similar length and beam except
that one less assist tug would be required.
(7) Variances from the above standard must be approved in advance by
the Captain of the Port of Boston, MA.
[CCGD1-85-4R, 51 FR 10835, Mar. 31, 1986; 51 FR 23415, June 27, 1986, as
amended by USCG-1998-3799, 63 FR 35532, June 30, 1998]
Sec. 165.121 Safety and Security Zones: High Interest Vessels,
Narragansett Bay, Rhode Island.
(a) Location. (1) All waters of Rhode Island Sound within a \1/2\
mile radius of any high interest vessel while the vessel is anchored
within \1/2\ mile of the point Latitude 41[deg]25[min] N, Longitude
71[deg]23[min] W in the Narragansett Bay Precautionary Area.
(2) All waters of Rhode Island Sound, Narragansett Bay, the
Providence and Taunton Rivers 2 miles ahead and 1 mile astern, and
extending 1000 yards on either side of any high interest vessel
transiting Narragansett Bay, or the Providence and Taunton Rivers.
(3) All waters and land within a 1000-yard radius of any high
interest vessel moored at a waterfront facility in the Providence
Captain of the Port zone.
(b) High interest vessels defined. For purposes of this section,
high interest vessels operating in the Providence Captain of the Port
zone include the following: barges or ships carrying liquefied petroleum
gas (LPG), liquefied natural gas (LNG), chlorine, anhydrous ammonia, or
any other cargo deemed
[[Page 652]]
to be high interest by the Captain of the Port, Providence.
(c) Regulations. (1) Entry into or movement within these zones,
including below the surface of the water, during times in which high
interest vessels are present and the zones are enforced is prohibited
unless authorized by the COTP Providence or authorized representative.
(2) The general regulations covering safety and security zones in
Sec. Sec. 165.23 and 165.33, respectively, of this part apply.
(3) All persons and vessels shall comply with the instructions of
the COTP, and the designated on-scene U.S. Coast Guard personnel. On-
scene Coast Guard patrol personnel include commissioned, warrant, and
petty officers of the Coast Guard on board Coast Guard, Coast Guard
Auxiliary, local, state, and federal law enforcement vessels.
[CGD01-02-065, 67 FR 56224, Sept. 3, 2002]
Sec. 165.122 Providence River, Providence, R.I. regulated navigation
area.
(a) Description of the regulated navigation area (RNA). The
Regulated Navigation Area (RNA) encompasses the deep draft channel
between Narragansett Bay Entrance Lighted Horn Buoy NB (LLNR 17675)
41[deg]23.0[min] N Latitude, 71[deg]23.4[min] W Longitude, and Fox
Point, Providence.
(b) Regulations. (1) The following restrictions apply in the portion
of the regulated area between Conimicut Light (LLNR 18305) and Channel
Light 42 (Fuller Rock Light, (LLNR 18580)).
(i) No vessel with a draft greater than 35 feet may transit when
water depth is at or below mean low water.
(ii) Vessels with drafts greater than 35 feet but less than 38 feet
may transit when water depth is other than that on or below mean low
water, provided there is sufficient depth under the keel to prevent
grounding.
(iii) Vessels with drafts greater than or equal to 38 feet must
obtain permission, 48 hours in advance of the desired transit time, from
the Captain of the Port, Providence to transit.
(2) Vessels with drafts greater than 35 feet must have at least one
mile of visibility to transit the regulated area between Conimicut Light
(LLNR 18305) and Channel Light 42 (LLNR 18580, Fuller Rock Light).
(3) Vessels over 65 feet in length are prohibited from passing,
meeting, or overtaking other vessels over 65 feet in length in the
regulated area from:
(i) Gaspee Point to Channel Light 42, (Fuller Rock Light, LLNR
18580).
(ii) Conimicut Point Reach (Conimicut Light, LLNR 18305) to Channel
Lighted Buoy 19, 41[deg]43.7[min] N Latitude, 71[deg]21.8[min] W
Longitude, (LLNR 18330) and Channel Lighted Buoy 20, 41[deg]43.7[min] N
Latitude, 71[deg]21.8[min] W Longitude, (LLNR 18335).
(4) Vessels over 65 feet in length inbound for berths up the
Providence River, planning to transit through the deep draft channel,
are required to make Safety Signal (SECURITE) calls on both VHF channels
13 and 16 at the following geographic locations: Pilot's Station, Abeam
of Castle Hill, Approaching the Newport bridge, South of Prudence
Island, Abeam of Sandy Point, Abeam of Popasquash Point, Approaching the
Southern End of Rumstick Neck Reach, Abeam of Conimicut Point Light
(LLNR 18305), Abeam of Gaspee Point, Abeam of Sabin Point and upon
mooring.
(5) Vessels over 65 feet in length outbound for sea down the
Providence River Channel transiting through this regulated navigation
area are required to make SECURITE calls on VHF channels 13 and 16 at
the following geographic locations: one-half hour prior to departure
from the berth, at departure from the berth, Abeam of Sabin Point, Abeam
of Gaspee Point, and Abeam of Conimicut Light (LLNR 18305).
(6) Vessels 65 feet and under in length and all recreational vessels
when meeting deep draft commercial vessel traffic in the Providence
River Channel between Conimicut Light (LLNR 18305) and Channel Light 42
(LLNR 18580, Fuller Rock Light) shall keep out of the way of the
oncoming deep draft commercial vessel.
(7) The Captain of the Port, Providence, may authorize a deviation
from these regulations.
(c) Enforcement. Violations of this regulated navigation area should
be reported to the Captain of the Port, Providence, at (401) 435-2300.
Persons in
[[Page 653]]
violation of these regulations will be subject to civil penalty under
Sec. 165.13(b) of this part.
[CGD01-93-030, 59 FR 18489, Apr. 19, 1994]
Sec. 165.130 Sandy Hook Bay, New Jersey--security zone.
(a) Naval Ammunition Depot Piers. The waters within the following
boundaries are a security zone--A line beginning on the shore at
40[deg]25[min]57[sec] N, 74[deg]04[min]32[sec] W; then to
40[deg]27[min]52.5[sec] N, 74[deg]03[min]14.5[sec] W; then to
40[deg]27[min]28.3[sec] N, 74[deg]02[min]12.4[sec] W; then to
40[deg]26[min]29.2[sec] N, 74[deg]02[min]53[sec] W; then to
40[deg]26[min]31.1[sec] N, 74[deg]02[min]57.2[sec] W; then to
40[deg]25[min]27.3[sec] N, 74[deg]03[min]41[sec] W; then along the
shoreline to the beginning point.
(b) Terminal Channel. The waters within the following boundaries are
a security zone--A line beginning at 40[deg]27[min]41.2[sec] N,
74[deg]02[min]46[sec] W; then to 40[deg]28[min]27[sec] N,
74[deg]02[min]17.2[sec] W; then to 40[deg]28[min]21.1[sec] N,
74[deg]02[min]00[sec] W; then to 40[deg]28[min]07.8[sec] N,
74[deg]02[min]22[sec] W; then to 40[deg]27[min]39.8[sec] N,
74[deg]02[min]41.4[sec] W; then to to the beginning.
(c) The following rules apply to the security zone established in
paragraph (b) of this section (Terminal Channel) instead of the rule in
Sec. 165.33(a):
(1) No vessel shall anchor, stop, remain or drift without power at
anytime in the security zone.
(2) No vessel shall enter, cross, or otherwise navigate in the
security zone when a public vessel, or any other vessel, that cannot
safely navigate outside the Terminal Channel, is approaching or leaving
the Naval Ammunition Depot Piers at Leonardo, New Jersey.
(3) Vessels may enter or cross the security zone, except as provided
in paragraph (c)(2) of this section.
(4) No person may swim in the security zone.
[CGD 77-118a, 42 FR 35784, July 11, 1977. Redesignated by CGD 81-017, 46
FR 28154, May 26, 1981, and CGD 87-008b, 52 FR 25218, July 6, 1987]
Sec. 165.140 New London Harbor, Connecticut--security zone.
(a) Security zones--(1) Security Zone A. The waters of the Thames
River west of the Electric Boat Corporation Shipyard enclosed by a line
beginning at a point on the shoreline at 41[deg]20[min]16[sec] N,
72[deg]04[min]47[sec] W; then running west to 41[deg]20[min]16[sec] N,
72[deg]04[min]57[sec] W; then running north to 41[deg]20[min]26[sec] N,
72[deg]04[min]57[sec] W; then northwest to 41[deg]20[min]28.7[sec] N,
72[deg]05[min]01.7[sec] W; then north-northwest to
41[deg]20[min]53.3[sec] N, 72[deg]05[min]04.8[sec] W; then north-
northeast to 41[deg]21[min]02.9[sec] N, 72[deg]05[min]04.9[sec] W; then
east to a point on shore at 41[deg]21[min]02.9[sec] N,
72[deg]04[min]58.2[sec] W.
(2) Security zone B. The waters of the Thames River, west of the
Naval Submarine Base, New London, CT, enclosed by a line beginning at a
point on the shoreline at 41[deg]23[min]15.8[sec] N.,
72[deg]05[min]17.9[sec] W.; then to 41[deg]23[min]15.8[sec] N.,
72[deg]05[min]22[sec] W.; then to 41[deg]23[min]25.9[sec] N.,
72[deg]05[min]29.9[sec] W.; then to 41[deg]23[min]33.8[sec] N.,
72[deg]05[min]34.7[sec] W.; then to 41[deg]23[min]37.0[sec] N.,
72[deg]05[min]38.0[sec] W.; then to 41[deg]23[min]41.0[sec] N.,
72[deg]05[min]40.3[sec] W.; then to 41[deg]23[min]47.2[sec] N.,
72[deg]05[min]42.3[sec] W.; then to 41[deg]23[min]53.8[sec] N.,
72[deg]05[min]43.7[sec] W.; then to 41[deg]23[min]59.8[sec] N.,
72[deg]05[min]43.0[sec] W.; then to 41[deg]24[min]12.4[sec] N.,
72[deg]05[min]43.2[sec] W.; then to a point on the shoreline at
41[deg]24[min]14.4[sec] N., 72[deg]05[min]38[sec] W.; then along the
shoreline to the point of beginning.
(3) All coordinates are North American Datum 1983.
(b) Special regulation. Section 165.33 does not apply to public
vessels when operating in Security Zone A, or to vessels owned by, under
hire to, or performing work for the Electric Boat Division when
operating in Security Zone A.
[CGD 79-034, 47 FR 29660, July 8, 1982, as amended by COTP 83-01, 48 FR
33264, July 21, 1983; CGD3-83-29, 48 FR 51622, Nov. 10, 1983; CGD3-84-
26, 49 FR 40405, Oct. 16, 1984; CGD3-86-56, 52 FR 17296, May 7, 1987.
Redesignated by CGD 87-008b, 52 FR 25218, July 6, 1987; CDG3 86-56, 52
FR 44107, Nov. 18, 1987; CGD01-97-104, 62 FR 51782, Oct. 3, 1997; CGD01-
03-012, 69 FR 4244, Jan. 29, 2004]
Sec. 165.141 Safety Zone: Sunken vessel EMPIRE KNIGHT, Boon Island, ME.
(a) Location. The following area is a safety zone: All waters of the
Atlantic Ocean within a 1,000 yard radius of the stern section of the
sunken vessel EMPIRE KNIGHT, in approximate position
43[deg]06[min]19[sec] N, 70[deg]27[min]09[sec] W, (NAD 1983) and
extending from the water's surface to the seabed floor.
(b) Effective date. This section is effective on August 23, 1996,
twenty-four hours a day, seven days a week.
(c) Regulations. (1) The general regulations contained in 33 CFR
165.23 apply.
(2) All vessels and persons are prohibited from anchoring, diving,
dredging,
[[Page 654]]
dumping, fishing, trawling, laying cable, or conducting salvage
operations in this zone except as authorized by the Coast Guard Captain
of the Port, Portland, Maine. Innocent transit through the area within
the safety zone is not affected by this regulation and does not require
the authorization of the Captain of the Port.
(3) All persons and vessels shall comply with the instructions of
the COTP or the designated on scene patrol personnel. U.S. Coast Guard
patrol personnel include commissioned, warrant, and petty officers of
the Coast Guard. Upon being hailed by a U.S. Coast Guard vessel via
siren, radio, flashing light, or other means, the operator of a vessel
shall proceed as directed.
[CGD 01-95-141, 61 FR 60032, Nov. 26, 1996]
Sec. 165.150 New Haven Harbor, Quinnipiac River, Mill River.
(a) The following is a regulated navigation area: The waters
surrounding the Tomlinson Bridge located within a line extending from a
point A at the southeast corner of the Wyatt terminal dock at
41[deg]17[min]50[sec] N, 72[deg]54[min]36[sec] W thence along a line
126[deg]T to point B at the southwest corner of the Gulf facility at
41[deg]17[min]42[sec] N, 72[deg]54[min]21[sec] W thence north along the
shoreline to point C at the northwest corner of the Texaco terminal dock
41[deg]17[min]57[sec] N, 72[deg]54[min]06[sec] W thence along a line
303[deg]T to point D at the west bank of the mouth of the Mill River
41[deg]18[min]05[sec] N, 72[deg]54[min]23[sec] W thence south along the
shoreline to point A.
(b) Regulations. (1) No person may operate a vessel or tow a barge
in this Regulated Navigation Area in violation of these regulations.
(2) Applicability. The regulations apply to barges with a freeboard
greater than ten feet and to any vessel towing or pushing these barges
on outbound transits of the Tomlinson Bridge.
(3) Regulated barges may not transit the bridge--
(i) During the period from one hour to five hours after high water
slack,
(ii) When the wind speed at the bridge is greater than twenty knots,
and
(iii) With the barge being towed on a hawser, stern first.
(4) Regulated barges with a beam greater than fifty feet must be
pushed ahead through the bridge.
(5) If the tug operator does not have a clear view over the barge
when pushing ahead, the operator shall post a lookout on the barge with
a means of communication with the operator.
(6) Regulated barges departing the Mill River may transit the bridge
only between sunrise and sunset. Barges must be pushed ahead of the tug,
bow first, with a second tug standing by to assist at the bow.
(7) Nothing in this section is intended to relieve any person from
complying with:
(i) Applicable Navigation and Pilot Rules for Inland Waters;
(ii) Any other laws or regulations;
(iii) Any order or direction of the Captain of the Port.
(8) The Captain of the Port, New Haven, may issue an authorization
to deviate from any rule in this section if the COTP finds that an
alternate operation can be done safely.
[CGD 79-034, 47 FR 29660, July 8, 1982, as amended by CGD 80-069, 47 FR
53368, Nov. 26, 1982. Redesignated by CGD 87-008b, 52 FR 25218, July 6,
1987]
Sec. 165.151 Safety Zones; Long Island Sound annual fireworks displays.
(a) Safety Zones. The following areas are designated safety zones.
All coordinates references 1983 North American Datum (NAD83).
(1) Indian Harbor Yacht Club Fireworks Safety Zone. All waters of
Long Island Sound off Greenwich CT, within a 800-foot radius of the
fireworks barge located in approximate position 41[deg]00[min]35[sec] N,
073[deg]37[min]05[sec] W.
(2) City of Rowayton Fireworks Safety Zone. All waters of Long
Island Sound in Sheffield Channel off of Ballast Reef within a 1000-foot
radius of the fireworks barge located in approximate position
41[deg]03[min]11[sec] N, 073[deg]26[min]41[sec] W.
(3) The Yampol Family Fireworks Safety Zone. All waters of Long
Island Sound off Cold Springs Harbor, Cove Neck New York within a 1200-
foot radius of the fireworks barge located in approximate position
41[deg]53[min]00[sec] N, 073[deg]29[sec] 13[sec] W.
(4) Groton Long Point Yacht Club Fireworks Safety Zone. All waters
of Long
[[Page 655]]
Island Sound off of Groton Long Point, Groton, CT, within a 600-foot
radius of the fireworks barge in approximate position
41[deg]18[min]05[sec] N, 072[deg]02[sec] 08[sec] W.
(5) City of West Haven Fireworks Safety Zone. All waters of New
Haven Harbor on Long Island Sound off Bradley Point within a 1200-foot
radius of the fireworks barge in approximate position
41[deg]15[min]07[sec] N, 072[deg]57[min]26[sec] W.
(6) New Haven Festival Fireworks Safety Zone. All waters of New
Haven Harbor on Long Island Sound within a 1200-foot radius of the
fireworks barge in approximate position 40[deg]17[min]31[sec] N,
072[deg]54[min]48[sec] W.
(7) Madison Cultural Arts Fireworks Safety Zone. All the waters of
Long Island Sound located off the City of Madison within an 800-foot
radius of the fireworks barge in approximate position
41[deg]16[min]10[sec] N, 072[deg]36[min]30[sec] W.
(8) Arnold L. Chase Fireworks Safety Zone. All waters of Connecticut
River within a 600 foot radius of the fireworks barge located in
approximate position 41[deg]15[min]56[sec] N, 072[deg]21[min]49[sec] W,
about 100-yards off Fenwick Pier.
(9) Saybrook Summer Pops Fireworks Safety Zone. All waters of
Connecticut River within a 600-foot radius of the fireworks barge
located in approximate position 41[deg]17[min]35[sec] N,
072[deg]21[min]20[sec] W.
(10) Mashantucket Pequot Fireworks Safety Zone. All waters of Thames
River within a 1200-foot radius of the fireworks barges located in
approximate positions: barge one, 41[deg]21[min]01[sec] N,
072[deg]05[min]25[sec] W, barge two, 41[deg]20[min]58[sec] N,
072[deg]05[min]23[sec] W, barge three, 41[deg]20[min]53[sec] N,
072[deg]05[min]21[sec] W, located off New London, CT.
(11) Harbor Day Fireworks Safety Zone. All waters of Thames River
within a 600-foot radius of the fireworks barge located in approximate
position 41[deg]31[min]14[sec] N, 072[deg]04[min]44[sec] W, located off
American Warf Marina, Norwich, CT.
(12) Riverfest Fireworks Safety Zone. All the waters of the
Connecticut River within a 600-foot radius of the fireworks barge
located in approximate position 41[deg]45[min]34[sec] N,
072[deg]39[min]37[sec] W.
(13) Southampton Fresh Air Home Fireworks Safety Zone. All the
waters of Shinnecock Bay within a 600-foot radius of the fireworks barge
located in approximate position 40[deg]51[min]48[sec] N,
072[deg]28[min]30[sec] W, off of Southampton, NY.
(14) T.E.L. Enterprises Fireworks Safety Zone. All the waters of
Great South Bay within a 600-foot radius of the fireworks barge located
in approximate position 40[deg]41[min]17[sec] N, 073[deg]00[min]20[sec]
W, off of Davis Park, NY.
(15) Patchogue Chamber of Commerce Fireworks Safety Zone. All the
waters of Great South Bay within an 800-foot radius of the fireworks
barge located in approximate position 40[deg]44[min]38[sec] N,
073[deg]00[min]33[sec] W, off of Patchogue, NY.
(16) Fire Island Tourist Bureau Fireworks Safety Zone. All the
waters of Great South Bay within a 600-foot radius of the fireworks
barge located in approximate position 40[deg]35[min]45[sec] N,
073[deg]05[min]23[sec] W, off of Cherry Cove, NY.
(17) Treibeck's Party Fireworks Safety Zone. All the waters of the
Atlantic Ocean within a 1200-foot radius of the fireworks barge located
in approximate position 40[deg]54[min]04[sec] N, 072[deg]16[min]50[sec]
W, off of Sagaponack, NY.
(b) Notification. Coast Guard Group/Marine Safety Office Long Island
Sound and Coast Guard Group Moriches will cause notice of the activation
of these safety zones to be made by all appropriate means to effect the
widest publicity among the affected segments of the public, including
publication in the local notice to mariners, marine information
broadcasts, and facsimile. Fireworks barges used in these locations will
also have a sign on their port and starboard side labeled ``FIREWORKS--
STAY AWAY'' with the same dimensions listed previously.
(c) Enforcement period. Specific zones in this section will be
enforced from 8 p.m. to 11 p.m. (e.s.t.) each day a barge with a
``FIREWORKS--STAY AWAY'' sign is posted in that zone.
(d) Regulations. Vessels may not enter, remain in, or transit
through the safety zones in this section during the enforcement period
unless authorized by the Captain of the Port Long Island Sound or
designated Coast Guard patrol personnel on scene.
[CGD01-01-077, 67 FR 22352, May 3, 2002, as amended by USCG-2003-15404,
68 FR 37741, June 25, 2003; 68 FR 40024, July 3, 2003]
[[Page 656]]
Sec. 165.152 Coast Guard Station Fire Island, Long Island, New
York--safety zone.
(a) Location. The following waters of Fire Island Inlet are a safety
zone: Beginning at a point on shore at 40[deg]37.523[min] N,
073[deg]15.685[min] W; then north to 40[deg]37.593[min] N,
073[deg]15.719[min] W; then east to 40[deg]37.612[min] N,
073[deg]15.664[min] W; then east to 40[deg]37.630[min] N,
073[deg]15.610[min] W; then east to 40[deg]37.641[min] N,
073[deg]15.558[min] W; then southeast to 40[deg]37.630[min] N,
073[deg]15.475[min] W; then southeast to 40[deg]37.625[min] N, 073-
15.369[min] W; then southeast to 40[deg]37.627[min] N,
073[deg]15.318[min] W; then southeast to point on shore at
40[deg]37.565[min] N, 073[deg]15.346[min] W. All coordinates are North
American Datum 1983.
(b) Regulations. (1) The general regulations contained in 33 CFR
Sec. 165.23 apply.
(2) All persons and vessels must comply with the Coast Guard Captain
of the Port or designated on-scene patrol personnel. On-scene Coast
Guard patrol personnel include commissioned, warrant, and petty officers
of the Coast Guard on board Coast Guard, Coast Guard Auxiliary, and
local, state, and federal law enforcement vessels. Upon being hailed by
siren, radio, flashing light or other means from a U.S. Coast Guard
vessel or other vessel with on-scene patrol personnel aboard, the
operator of the vessel shall proceed as directed.
[CGD01-03-025, 69 FR 26045, May 11, 2004]
Sec. 165.153 Regulated Navigation Area: Long Island Sound Marine
Inspection and Captain of the Port Zone.
(a) Regulated Navigation Area location. All waters of the Long
Island Sound Marine Inspection and Captain of the Port (COTP) Zone, as
delineated in 33 CFR 3.05-35, extending seaward 12 nautical miles from
the territorial sea baseline, are established as a regulated navigation
area (RNA).
(b) Applicability. This section applies to all vessels operating
within the RNA excluding public vessels.
(c) Definitions. The following definitions apply to this section:
Commercial service means any type of trade or business involving the
transportation of goods or individuals, except service performed by a
combatant vessel.
Ferry means a vessel that:
(1) Operates in other than ocean or coastwise service;
(2) Has provisions only for deck passengers or vehicles, or both;
(3) Operates on a short run on a frequent schedule between two
points over the most direct water route; and
(4) Offers a public service of a type normally attributed to a
bridge or tunnel.
Public vessels means vessels owned or bareboat chartered and
operated by the United States, or by a State or political subdivision
thereof, or by a foreign nation, except when such vessel is engaged in
commercial service.
Territorial sea baseline means the line defining the shoreward
extent of the territorial sea of the United States drawn according to
the principles, as recognized by the United States, of the Convention on
the Territorial Sea and the Contiguous Zone, 15 U.S.T. 1606, and the
1982 United Nations Convention on the Law of the Sea (UNCLOS), 21 I.L.M.
1261. Normally, the territorial sea baseline is the mean low water line
along the coast of the United States.
(d) Regulations. (1) Speed restrictions in the vicinity of Naval
Submarine Base New London and Lower Thames River. Unless authorized by
the Captain of the Port (COTP), vessels of 300 gross tons or more may
not proceed at a speed in excess of eight knots in the Thames River from
New London Harbor channel buoys 7 and 8 (Light List numbers 21875 and
21880 respectively) north through the upper limit of the Naval Submarine
Base New London Restricted Area, as that area is specified in 33 CFR
334.75(a). The U.S. Navy and other Federal, State and municipal agencies
may assist the U.S. Coast Guard in the enforcement of this rule.
(2) Enhanced communications. Vessels of 300 gross tons or more and
all vessels engaged in towing barges must issue securit[eacute] calls on
marine band or Very High Frequency (VHF) radio channel 16 upon approach
to the following locations:
(i) Inbound approach to Cerberus Shoal; and
(ii) Outbound approach to Race Rock Light (USCG Light List No.
19815).
(3) All vessels operating within the RNA that are bound for a port
or place located in the United States or that
[[Page 657]]
must transit the internal waters of the United States, must be inspected
to the satisfaction of the U. S. Coast Guard, before entering waters
within three nautical miles from the territorial sea baseline. Vessels
awaiting inspection will be required to anchor in the manner directed by
the COTP. This section does not apply to vessels operating exclusively
within the Long Island Sound Marine Inspection and COTP Zone, vessels on
a single voyage which depart from and return to the same port or place
within the RNA, all towing vessels engaged in coastwise trade, vessels
in innocent passage not bound for a port or place subject to the
jurisdiction of the United States, and all vessels not engaged in
commercial service whose last port of call was in the United States.
Vessels requiring inspection by the COTP may contact the COTP via marine
band or Very High Frequency (VHF) channel 16, telephone at (203) 468-
4401, facsimile at (203) 468-4418, or letter addressed to Captain of the
Port, Long Island Sound, 120 Woodward Ave., New Haven, CT 06512.
(4) All vessels operating within the RNA that are bound for a port
or place located in the United States or that must transit the internal
waters of the United States, must obtain authorization from the Captain
of the Port (COTP) before entering waters within three nautical miles
from the territorial sea baseline. Vessels awaiting COTP authorization
to enter waters within three nautical miles from the territorial sea
baseline will be required to anchor in the manner directed by the COTP.
This section does not apply to vessels operating exclusively within the
Long Island Sound Marine Inspection and COTP Zone, vessels on a single
voyage which depart from and return to the same port or place within the
RNA, all towing vessels engaged in coastwise trade, vessels in innocent
passage not bound for a port or place subject to the jurisdiction of the
United States, and all vessels not engaged in commercial service whose
last port of call was in the United States. Vessels may request
authorization from the COTP by contacting the COTP via marine band or
Very High Frequency (VHF) channel 16, telephone at (203) 468-4401,
facsimile at (203) 468-4418, or letter addressed to Captain of the Port,
Long Island Sound, 120 Woodward Ave., New Haven, CT 06512.
(5) Vessels over 1,600 gross tons operating in the RNA within three
nautical miles from the territorial sea baseline that are bound for a
port or place located in the United States or that must transit the
internal waters of the United States must receive authorization from the
COTP prior to transiting or any intentional vessel movements, including,
but not limited to, shifting berths, departing anchorage, or getting
underway from a mooring. This section does not apply to vessels in
innocent passage not bound for a port or place subject to the
jurisdiction of the United States.
(6) Ferry vessels. Vessels of 300 gross tons or more are prohibited
from entering all waters within a 1200-yard radius of any ferry vessel
transiting in any portion of the Long Island Sound Marine Inspection and
COTP Zone without first obtaining the express prior authorization of the
ferry vessel licensed operator, licensed master, COTP, or the designated
COTP on-scene patrol.
(7) Vessels engaged in commercial service. No vessel may enter
within a 100-yard radius of any vessel engaged in commercial service
while that vessel is transiting, moored, or berthed in any portion of
the Long Island Sound Marine Inspection and COTP zone, without the
express prior authorization of the vessel's licensed operator, master,
COTP, or the designated COTP on-scene representative.
(8) Bridge foundations. Any vessel operating beneath a bridge must
make a direct, immediate and expeditious passage beneath the bridge
while remaining within the navigable channel. No vessel may stop, moor,
anchor or loiter beneath a bridge at any time. No vessel may approach
within a 25-yard radius of any bridge foundation, support, stanchion,
pier or abutment except as required for the direct, immediate and
expeditious transit beneath a bridge.
(9) This section does not relieve any vessel from compliance with
applicable navigation rules.
[CGD01-02-104, 68 FR 48802, Aug. 15, 2003]
[[Page 658]]
Sec. 165.154 Safety and Security Zones: Long Island Sound Marine
Inspection Zone and Captain of the Port Zone.
(a) Safety and security zones. The following areas are safety and
security zones:
(1) Dominion Millstone Nuclear Power Plant Safety and Security
Zones. (i) All waters north and north east of a line running from Bay
Point, at approximate position 41-18.57 N, 072-10.41 W, to Millstone
Point at approximate position 41-18.25 N, 072-09.96 W.
(ii) All waters west of a line starting at 41-18.700 N, 072-09.650
W, running south to the eastern most point of Fox Island at approximate
position 41-18.400 N, 072-09.660 W. All coordinates are North American
Datum 1983.
(2) Coast Guard Vessels Safety and Security Zones. All waters within
a 100-yard radius of any anchored Coast Guard vessel. For the purposes
of this section, Coast Guard vessels includes any commissioned vessel or
small boat in the service of the regular Coast Guard and does not
include Coast Guard Auxiliary vessels.
(b) Regulations. (1) The general regulations contained in Sec.
165.23 and Sec. 165.33 of this part apply.
(2) In accordance with the general regulations in Sec. 165.23 and
Sec. 165.33 of this part, entry into or movement within this zone is
prohibited unless authorized by the Captain of the Port Long, Island
Sound.
(3) All persons and vessels shall comply with the instructions of
the Coast Guard Captain of the Port or on-scene patrol personnel. These
personnel comprise commissioned, warrant, and petty officers of the
Coast Guard. Upon being hailed by a U. S. Coast Guard vessel by siren,
radio, flashing light, or other means, the operator of a vessel shall
proceed as directed.
[CGD01-02-104, 68 FR 48803, Aug. 15, 2003]
Sec. 165.155 Northville Industries Offshore Platform, Riverhead, Long
Island, New York-- safety zone.
(a) The following area is established as a safety zone during the
specified condition:
(1) The waters within a 500 yard radius of the Northville Industries
Offshore Platform, Long Island, New York, 1 mile North of the Riverhead
shoreline at 41[deg]00[sec] N, 072[deg]38[sec] W, while a Liquefied
Petroleum Gas (LPG) vessel is moored at the Offshore Platform. The
safety zone remains in effect until the LPG vessel departs the Offshore
Platform.
(b) The general regulations governing safety zone contained in 33
CFR 165.23 apply.
(c) The Captain of the Port will notify the maritime community of
periods during which this safety zone will be in effect by providing
notice of scheduled moorings at the Northville Industries Offshore
Platform of LPG vessels via Marine Safety Information Radio Broadcast.
[CGD3 85-86, 51 FR 37181, Oct. 20, 1986. Redesignated by CGD 87-008b, 52
FR 25218, July 6, 1987]
Sec. 165.160 Safety and Security Zones: Liquefied Hazardous Gas Vessel,
Liquefied Hazardous Gas Facility and Designated Vessel Transits, New
York Marine
Inspection Zone and Captain of the Port Zone.
(a) Location. The following areas are safety and security zones:
(1) All waters of the New York Marine Inspection Zone and Captain of
the Port Zone within a 200-yard radius of any Liquefied Hazardous Gas
(LHG) vessel or LHG facility.
(2) All waters of the New York Marine Inspection Zone and Captain of
the Port Zone within a 100-yard radius of any Designated Vessels.
(b) Designated Vessels (DVs). For the purposes of this section, DVs
are: Vessels certificated to carry 500 or more passengers; vessels
carrying government officials or dignitaries requiring protection by the
U.S. Secret Service, or other Federal, State or local law enforcement
agency; and barges or ships carrying petroleum products, chemicals, or
other hazardous cargo.
(c) Regulations. (1) The general regulations contained in 33 CFR
165.23 and 165.33 apply.
(2) All persons and vessels must comply with the instructions of the
Coast Guard Captain of the Port or the designated on-scene patrol
personnel. These personnel comprise commissioned, warrant, and petty
officers of the Coast Guard onboard Coast Guard,
[[Page 659]]
Coast Guard Auxiliary, local, state, and federal law enforcement
vessels. Upon being hailed by U.S. Coast Guard patrol personnel by
siren, radio, flashing light, or other means, the operator of a vessel
shall proceed as directed.
(3) The Captain of the Port will notify the maritime community of
periods during which these zones will be enforced by methods in
accordance with 33 CFR 165.7 and will identify DV vessel transits by way
of electronic mail broadcast.
[CGD01-02-132, 68 FR 2890, Jan. 22, 2003]
Sec. 165.161 Safety zones: Coast Guard activities New York annual
fireworks displays.
(a) Safety zones. The following areas are designated safety zones:
(1) North Hempstead, NY, fireworks, Hempstead Harbor:
(i) Location. All waters of Hempstead Harbor within a 300-yard
radius of the fireworks barge in approximate position
40[deg]49[min]54[sec] N 073[deg]39[min]14[sec] W (NAD 1983), about 360
yards north of Bar Beach, Hempstead Harbor.
(ii) Effective period. Paragraph (a)(1)(i) of this section is in
effect annually from 8 p.m. (e.s.t.) to 1 a.m. (e.s.t.) on the Friday
before Memorial Day, and the Saturday after Labor Day. If the event is
cancelled due to inclement weather, then paragraph (a)(1)(i) of this
section is effective from 8 p.m. (e.s.t.) to 1 a.m. (e.s.t.) on the
Saturday before Memorial Day and the Sunday after Labor Day.
(2) Seaport Memorial Day fireworks, East River, NY:
(i) Location. All waters of the East River south of the Brooklyn
Bridge and north of a line drawn from the southwest corner of Pier 3,
Brooklyn, to the northeast corner of Pier 6, Manhattan.
(ii) Effective period. Paragraph (a)(2)(i) of this section is in
effect annually from 8 p.m. (e.s.t.) to 1 a.m. (e.s.t.) on Memorial Day.
If the event is cancelled due to inclement weather, then paragraph
(a)(2)(i) of this section is effective from 8 p.m. (e.s.t.) to 1 a.m.
(e.s.t.) on the day following Memorial Day.
(3) Highlands, NJ, fireworks, Sandy Hook Bay:
(i) Location. All waters of Sandy Hook Bay within a 150-yard radius
of the fireworks barge in approximate position 40[deg]24[min]33.8[sec] N
073[deg]59[min]46.2[sec] W (NAD 1983), about 1,200 yards west of Plum
Island.
(ii) Effective period. Paragraph (a)(3)(i) of this section is in
effect annually from 8 p.m. (e.s.t.) to 1 a.m. (e.s.t.) on the Saturday
before Father's Day. If the event is cancelled due to inclement weather,
then paragraph (a)(3)(i) of this section is effective from 8 p.m.
(e.s.t.) to 1 a.m. (e.s.t.) on Father's Day.
(4) Kingston, NY, fireworks, Rondout Creek:
(i) Location. All waters of Rondout Creek between the Kingston-Port
Ewen Bridge (mile 1.1) and the Kingston-US 9 Bridge (mile 1.3).
(ii) Effective period. Paragraph (a)(4)(i) of this section is in
effect annually from 8 p.m. (e.s.t.) to 1 a.m. (e.s.t.) on the Saturday
and Sunday before July 4th.
(5) Staten Island July 3rd fireworks, Arthur Kill:
(i) Location. All waters of the Arthur Kill, Ward Point Bend (West),
and the Raritan River Cutoff, within a 300-yard radius of the fireworks
barge in approximate position 40[deg]30[min]18[sec] N
074[deg]15[min]30[sec] W (NAD 1983), about 300 yards west of Conference
House Park, Staten Island.
(ii) Effective period. Paragraph (a)(5)(i) of this section is in
effect annually from 8 p.m. (e.s.t.) to 1 a.m. (e.s.t.) on July 3rd. If
the event is cancelled due to inclement weather, then paragraph
(a)(5)(i) of this section is effective from 8 p.m. (e.s.t.) to 1 a.m.
(e.s.t.) on July 4th and July 5th.
(6) Red Bank, NJ, July 3rd fireworks, Navesink River:
(i) Location. All waters of the Navesink River within a 360-yard
radius of the fireworks barge in approximate position
40[deg]21[min]20[sec] N 074[deg]04[min]10[sec] W (NAD 1983), about 360
yards northwest of Red Bank, NJ.
(ii) Effective period. Paragraph (a)(6)(i) of this section is in
effect annually from 8 p.m. (e.s.t.) to 1 a.m. (e.s.t.) on July 3rd. If
the event is cancelled due to inclement weather, then paragraph
(a)(6)(i) of this section is effective from 8 p.m. (e.s.t.) to 1 a.m.
(e.s.t.) on July 4th.
(7) Burlington, VT, July 3rd fireworks, Burlington Bay:
[[Page 660]]
(i) Location. All waters of Burlington Bay within a 300-yard radius
of the fireworks barge in approximate position 44[deg]28[min]30.6[sec] N
073[deg]13[min]31.3[sec] W (NAD 1983), beside the Burlington Bay
Breakwater.
(ii) Effective period. Paragraph (a)(7)(i) of this section is in
effect annually from 8 p.m. (e.s.t.) to 1 a.m. (e.s.t.) on July 3rd. If
the event is cancelled due to inclement weather, then paragraph
(a)(7)(i) of this section is effective from 8 p.m. (e.s.t.) to 1 a.m.
(e.s.t.) on the following two Fridays and Saturdays.
(8) Rensselaer, NY, fireworks, Hudson River:
(i) Location. All waters of the Hudson River within a 180-yard
radius of the fireworks barge in approximate position
42[deg]38[min]23[sec] N 073[deg]44[min]59.1[sec] W (NAD 1983), about 480
yards south of the Dunn Memorial Bridge (mile 145.4).
(ii) Effective period. Paragraph (a)(8)(i) of this section is in
effect annually from 8 p.m. (e.s.t.) to 1 a.m. (e.s.t.) on the first and
second Saturday in August. If the event is cancelled due to inclement
weather, then paragraph (a)(8)(i) of this section is effective from 8
p.m. (e.s.t.) to 1 a.m. (e.s.t.) on the first and second Sunday in
August.
(9) Staten Island Labor Day fireworks, Arthur Kill:
(i) Location. All waters of the Arthur Kill, Ward Point Bend (West),
and the Raritan River Cutoff, within a 300-yard radius of the fireworks
barge in approximate position 40[deg]30[min]18[sec] N
074[deg]15[min]30[sec] W (NAD 1983), about 300 yards west of Conference
House Park, Staten Island.
(ii) Effective period. Paragraph (a)(9)(i) of this section is in
effect annually from 8 p.m. (e.s.t.) to 1 a.m. (e.s.t.) on the Saturday
before Labor Day. If the event is cancelled due to inclement weather,
then paragraph (a)(9)(i) of this section is effective from 8 p.m.
(e.s.t.) to 1 a.m. (e.s.t.) on the Sunday and Monday of Labor Day
Weekend.
(10) Seaport Labor Day fireworks, East River, NY:
(i) Location. All waters of the East River south of the Brooklyn
Bridge and north of a line drawn from the southwest corner of Pier 3,
Brooklyn, to the northeast corner of Pier 6, Manhattan.
(ii) Effective period. Paragraph (a)(10)(i) of this section is in
effect annually from 8 p.m. (e.s.t.) to 1 a.m. (e.s.t.) on Labor Day. If
the event is cancelled due to inclement weather, then paragraph
(a)(10)(i) of this section is effective from 8 p.m. (e.s.t.) to 1 a.m.
(e.s.t.) on the day following Labor Day.
(11) Deepavali Festival fireworks, East River, NY:
(i) Location. All waters of the East River south of the Brooklyn
Bridge and north of a line drawn from the southwest corner of Pier 3,
Brooklyn, to the northeast corner of Pier 6, Manhattan.
(ii) Effective period. Paragraph (a)(11)(i) of this section is in
effect annually from 6 p.m. (e.s.t.) to 1 a.m. (e.s.t.) on the first
Sunday in October. If the event is cancelled due to inclement weather,
then paragraph (a)(11)(i) of this section is effective from 6 p.m.
(e.s.t.) to 1 a.m. (e.s.t.) on the first Monday in October.
(12) Seaport New Year's Eve fireworks, East River, NY:
(i) Location. All waters of the East River south of the Brooklyn
Bridge and north of a line drawn from the southwest corner of Pier 3,
Brooklyn, to the northeast corner of Pier 6, Manhattan.
(ii) Effective period. Paragraph (a)(12)(i) of this section is in
effect annually from 8 p.m. (e.s.t.) to 1 a.m. (e.s.t.) on New Year's
Eve. If the event is cancelled due to inclement weather, then paragraph
(a)(12)(i) of this section is effective from 8 p.m. (e.s.t.) to 1 a.m.
(e.s.t.) on the day following New Year's Eve.
(b) Regulations. (1) The general regulations contained in 33 CFR
165.23 apply.
(2) All persons and vessels shall comply with the instructions of
the Coast Guard Captain of the Port or the designated on-scene-patrol
personnel. These personnel comprise commissioned, warrant, and petty
officers of the Coast Guard. Upon being hailed by a U.S. Coast Guard
vessel by siren, radio, flashing light, or other means, the operator of
a vessel shall proceed as directed.
[CGD 01-00-227, 66 FR 6479, Jan. 22, 2001]
[[Page 661]]
Sec. 165.162 Safety Zone: New York Super Boat Race, Hudson River,
New York.
(a) Regulated Area. The following area is a safety zone: All waters
of the Lower Hudson River south of a line drawn from the northwest
corner of Pier 76 in Manhattan to a point on the New Jersey shore in
Weehawken, New Jersey at approximate position 40[deg]45[min]52[sec] N
074[deg]01[min]01[sec] W (NAD 1983) and north of a line connecting the
following points (all coordinates are NAD 1983):
------------------------------------------------------------------------
Latitude Longitude
------------------------------------------------------------------------
40[deg]42[min]16.0[sec] N 074[deg]01[min]09.0[sec] W, then
south to
40[deg]41[min]55.0[sec] N 074[deg]01[min]16.0[sec] W, then
west to
40[deg]41[min]47.0[sec] N 074[deg]01[min]36.0[sec] W, then
northwest to
40[deg]41[min]55.0[sec] N 074[deg]01[min]59.0[sec] W, then to
shore at
40[deg]42[min]20.5[sec] N 074[deg]02[min]06.0[sec] W.
------------------------------------------------------------------------
(b) Regulations. (1) Vessels not participating in this event,
swimmers, and personal watercraft of any nature are prohibited from
entering or moving within the regulated area unless authorized by the
Patrol Commander.
(2) All persons and vessels shall comply with the instructions of
the Coast Guard Captain of the Port or the designed on-scene-patrol
personnel. These personnel comprise commissioned, warrant, and petty
officers of the Coast Guard. Upon being hailed by a U.S. Coast Guard
vessel by siren, radio, flashing light, or other means, the operator of
a vessel shall proceed as directed.
(c) Effective period. This section is in effect annually from 10
a.m. until 4 p.m. on the Sunday following Labor Day.
[CGD01-98-175, 64 FR 31984, June 15, 1999]
Sec. 165.163 Safety Zones; Port of New York/New Jersey Fleet Week.
(a) The following areas are established as safety zones:
(1) Safety Zone A--(i) Location. A moving safety zone for the Parade
of Ships including all waters 500 yards ahead and astern, and 200 yards
of each side of the designated column of parade vessels as it transits
the Port of New York and New Jersey from the Verrazano Narrows Bridge to
Riverside State Park on the Hudson River between West 137th and West
144th Streets, Manhattan.
(ii) Enforcement period. Paragraph (a)(1)(i) of this section is
enforced annually from 8 a.m. until 5 p.m. on the Wednesday before
Memorial Day.
(2) Safety Zone B--(i) Location. A safety zone including all waters
of the Hudson River between Piers 83 and 90, Manhattan, from the parade
column east to the Manhattan shoreline.
(ii) Enforcement period. Paragraph (a)(2)(i) of this section is
enforced annually from 8 a.m. until 5 p.m. on the Wednesday before
Memorial Day.
(3) Safety Zone C--
(i) Location. A moving safety zone including all waters of the
Hudson River within a 200-yard radius of each parade vessel upon its
leaving the parade of ships until it is safely berthed.
(ii) Enforcement period. Paragraph (a)(3)(i) of this section is
enforced annually from 8 a.m. until 5 p.m. on the Wednesday before
Memorial Day.
(4) Safety Zone D--
(i) Location. A safety zone including all waters of the Hudson River
bound by the following points: from the southeast corner of Pier 90,
Manhattan, where it intersects the seawall, west to approximate position
40[deg]46[min]10[sec] N 074[deg]00[min]13[sec] W (NAD 1983), south to
approximate position 40[deg]45[min]54[sec] N 074[deg]00[min]25[sec] W
(NAD 1983), then east to the northeast corner of Pier 83 where it
intersects the seawall.
(ii) Enforcement period. Paragraph (a)(4)(i) of this section is
enforced annually from 10 a.m. until 5 p.m., from Friday through Monday,
Memorial Day weekend.
(5) Safety Zone E--
(i) Location. A moving safety zone including all waters 500 yards
ahead and astern, and 200 yards on each side of the departing U.S. Navy
Aircraft or Helicopter Carrier as it transits the Port of New York and
New Jersey from its mooring at the Intrepid Sea, Air and Space Museum,
Manhattan, to the COLREGS Demarcation line at Ambrose Channel Entrance
Lighted Bell Buoy 2 (LLNR 34805).
(ii) Enforcement period. Paragraph (a)(5)(i) of this section is
enforced annually on the Wednesday following Memorial Day. Departure
time is dependent on tide, weather, and granting of
[[Page 662]]
authority for departure by the Captain of the Port, New York.
(b) Effective period. This section is effective annually from 8 a.m.
on the Wednesday before Memorial Day until 4 p.m. on the Wednesday
following Memorial Day.
(c) Regulations. (1) The general regulations contained in 33 CFR
165.23 apply.
(2) All persons and vessels shall comply with the instructions of
the Coast Guard Captain of the Port or the designated on-scene-patrol
personnel. these personnel comprise commissioned, warrant, and petty
officers of the Coast Guard. Upon being hailed by a U. S. Coast Guard
vessel by siren, radio, flashing light, or other means, the operator of
a vessel shall proceed as directed.
[CGD1-98-170, 64 FR 24946, May 10, 1999]
Sec. 165.164 Security Zones: Dignitary Arrival/Departure and United
Nations Meetings, New York, NY.
(a) The following areas are established as security zones:
(1) Location. Wall Street heliport: All waters of the East River
within the following boundaries: East of a line drawn between
approximate position 40[deg]42[min]01[sec] N 074[deg]00[min]39[sec] W
(east of The Battery) to 40[deg]41[min]36[sec] N 074[deg]00[min]52[sec]
W (NAD 1983) (point north of Governors Island) and north of a line drawn
from the point north of Governors Island to the southwest corner of Pier
7 North, Brooklyn; and south of a line drawn between the northeast
corner of Pier 13, Manhattan, and the northwest corner of Pier 2 North,
Brooklyn.
(2) [Reserved]
(3) Location. Marine Air Terminal, La Guardia Airport: All waters of
Bowery Bay, Queens, New York, south of a line drawn from the western end
of La Guardia Airport at approximate position 40[deg]46[min]47[sec] N
073[deg]53[min]05[sec] W (NAD 1983) to the Rikers Island Bridge at
approximate position 40[deg]46[min]51[sec] N 073[deg]53[min]21[sec] W
(NAD 1983) and east of a line drawn between the point at the Rikers
Island Bridge to a point on the shore in Queens, New York, at
approximate position 40[deg]46[min]36[sec] N 073[deg]53[min]31[sec] W
(NAD 1983).
(4) Location. All waters of the East River bound by the following
points: 40[deg]44[min]37[sec] N, 073[deg]58[min]16.5[sec] W (the base of
East 35th Street, Manhattan), then east to 40[deg]44[min]34.5[sec] N,
073[deg]58[min]10.5[sec] W (about 175 yards offshore of Manhattan), then
northeasterly to 40[deg]45[min]29[sec] N, 073[deg]57[min]26.5[sec] W
(about 125 yards offshore of Manhattan at the Queensboro Bridge), then
northwesterly to 40[deg]45[min]31[sec] N, 073[deg]57[min]30.5[sec] W
(Manhattan shoreline at the Queensboro Bridge), then southerly to the
starting point at 40[deg]44[min]37[sec] N, 073[deg]58[min]16.5[sec] W.
All nautical positions are based on North American Datum of 1983.
(5) Location. All waters of the East River north of a line drawn
from approximate position 40[deg]44[min]37[sec] N,
073[deg]58[min]16.5[sec] W (the base of East 35th Street, Manhattan), to
approximate position 40[deg]44[min]23[sec] N, 073[deg]57[min]44.5[sec] W
(Hunters Point, Long Island City), and south of the Queensboro Bridge.
All nautical positions are based on North American Datum of 1983.
(6) The security zone will be activated 30 minutes before the
dignitaries' arrival into the zone and remain in effect until 15 minutes
after the dignitaries' departure from the zone.
(7) The activation of a particular zone will be announced by
facsimile and marine information broadcasts.
(b) Regulations. (1) The general regulations contained in 33 CFR
165.33 apply.
(2) All persons and vessels shall comply with the instructions of
the Coast Guard Captain of the Port or the designated on-scene-patrol
personnel. These personnel comprise commissioned, warrant, and petty
officers of the Coast Guard. Upon being hailed by a U.S. Coast Guard
vessel using siren, radio, flashing light, or other means, the operator
of a vessel shall proceed as directed.
[CGD01-98-006, 64 FR 24948, May 10, 1999, as amended by CGD01-00-146, 65
FR 47320, Aug. 2, 2000]
Sec. 165.165 Regulated Navigation Area; Kill Van Kull Channel, Newark
Bay Channel, South Elizabeth Channel, Elizabeth Channel, Port Newark
Channel and New
Jersey Pierhead Channel, New York and New Jersey.
(a) Regulated Navigation Area (RNA). All waters of the Kill Van Kull
(KVK) Channel east of KVK Light 16A (LLNR
[[Page 663]]
37340) in North of Shooters Island Reach, east of Shooters Island Light
2 (LLNR 37375) in South of Shooters Island Reach, and west of KVK
Channel Junction Lighted Bell Buoy `KV' (LLNR 37265) in Constable Hook
Reach; all waters of Newark Bay Channel south of Newark Bay Light 19
(LLNR 37505); all waters of South Elizabeth Channel, Elizabeth Channel,
Port Newark Channel, and New Jersey Pierhead Channel south of New Jersey
Pierhead South Channel Lighted Buoy 5 (LLNR 37020).
(b) Description of Work Areas in the RNA. (1) Work Area (1): The
waters bounded by a line connecting the following points:
------------------------------------------------------------------------
Latitude Longitude
------------------------------------------------------------------------
40[deg]38[min]40.0[sec] N 074[deg]03[min]45.0[sec] W
40[deg]38[min]50.4[sec] N 074[deg]04[min]16.0[sec] W
40[deg]38[min]57.9[sec] N 074[deg]04[min]11.8[sec] W
40[deg]39[min]03.8[sec] N 074[deg]04[min]43.8[sec] W
40[deg]39[min]04.5[sec] N 074[deg]05[min]07.6[sec] W
40[deg]39[min]01.8[sec] N 074[deg]05[min]14.8[sec] W
40[deg]39[min]05.0[sec] N 074[deg]05[min]17.1[sec] W
40[deg]39[min]10.3[sec] N 074[deg]05[min]05.0[sec] W
40[deg]39[min]09.3[sec] N 074[deg]04[min]27.8[sec] W
40[deg]39[min]00.2[sec] N 074[deg]03[min]45.1[sec] W
40[deg]38[min]58.0[sec] N 074[deg]03[min]34.9[sec] W
40[deg]38[min]40.0[sec] N 074[deg]03[min]45.0[sec] W
------------------------------------------------------------------------
(2) Work Area (2): The waters bounded by a line connecting the
following points:
------------------------------------------------------------------------
Latitude Longitude
------------------------------------------------------------------------
40[deg]38[min]50.4[sec] N 074[deg]04[min]16.0[sec] W
40[deg]38[min]57.5[sec] N 074[deg]04[min]37.8[sec] W
40[deg]38[min]59.2[sec] N 074[deg]04[min]55.4[sec] W
40[deg]38[min]57.4[sec] N 074[deg]05[min]12.9[sec] W
40[deg]38[min]47.5[sec] N 074[deg]05[min]33.8[sec] W
40[deg]38[min]45.8[sec] N 074[deg]05[min]43.6[sec] W
40[deg]38[min]49.4[sec] N 074[deg]05[min]44.7[sec] W
40[deg]38[min]51.0[sec] N 074[deg]05[min]35.7[sec] W
40[deg]39[min]04.7[sec] N 074[deg]05[min]06.6[sec] W
40[deg]39[min]03.7[sec] N 074[deg]04[min]29.5[sec] W
40[deg]38[min]57.9[sec] N 074[deg]04[min]11.8[sec] W
40[deg]38[min]50.4[sec] N 074[deg]04[min]16.0[sec] W
------------------------------------------------------------------------
(3) Work Area (3): The waters bounded by a line connecting the
following points:
------------------------------------------------------------------------
Latitude Longitude
------------------------------------------------------------------------
40[deg]38[min]45.8[sec] N 074[deg]05[min]43.6[sec] W
40[deg]38[min]49.4[sec] N 074[deg]05[min]44.7[sec] W
40[deg]38[min]51.2[sec] N 074[deg]05[min]35[sec] W
40[deg]39[min]01.8[sec] N 074[deg]05[min]14.8[sec] W
40[deg]39[min]05.0[sec] N 074[deg]05[min]17.1[sec] W
40[deg]38[min]57.5[sec] N 074[deg]05[min]32.3[sec] W
40[deg]38[min]53.8[sec] N 074[deg]05[min]44.1[sec] W
40[deg]38[min]53.1[sec] N 074[deg]05[min]56.8[sec] W
40[deg]38[min]55.3[sec] N 074[deg]06[min]38.1[sec] W
40[deg]38[min]41.5[sec] N 074[deg]07[min]18.3[sec] W
40[deg]38[min]38.2[sec] N 074[deg]07[min]41.4[sec] W
40[deg]38[min]38.5[sec] N 074[deg]07[min]46.0[sec] W
40[deg]38[min]35.2[sec] N 074[deg]07[min]49.0[sec] W
40[deg]38[min]31.2[sec] N 074[deg]07[min]50.0[sec] W
40[deg]38[min]30.1[sec] N 074[deg]07[min]41.3[sec] W
40[deg]38[min]33.9[sec] N 074[deg]07[min]15.1[sec] W
40[deg]38[min]44.0[sec] N 074[deg]06[min]45.7[sec] W
40[deg]38[min]46.7[sec] N 074[deg]06[min]25.9[sec] W
40[deg]38[min]44.8[sec] N 074[deg]05[min]49.6[sec] W
40[deg]38[min]45.8[sec] N 074[deg]05[min]43.6W[sec]
------------------------------------------------------------------------
(4) Work Area (4): The waters bounded by a line connecting the
following points:
------------------------------------------------------------------------
Latitude Longitude
------------------------------------------------------------------------
40[deg]38[min]31.2[sec] N 074[deg]07[min]50.0[sec] W
40[deg]38[min]35.2[sec] N 074[deg]07[min]49.0[sec] W
40[deg]38[min]36.6[sec] N 074[deg]08[min]01.2[sec] W
40[deg]38[min]28.2[sec] N 074[deg]08[min]51.0[sec] W
40[deg]38[min]35.2[sec] N 074[deg]09[min]06.2[sec] W
40[deg]38[min]30.0[sec] N 074[deg]09[min]12.0[sec] W
40[deg]38[min]24.8[sec] N 074[deg]09[min]02.6[sec] W
40[deg]38[min]24.0[sec] N 074[deg]08[min]52.0[sec] W
40[deg]38[min]31.5[sec] N 074[deg]08[min]07.4[sec] W
40[deg]38[min]31.8[sec] N 074[deg]07[min]54.6[sec] W
40[deg]38[min]31.2[sec] N 074[deg]07[min]50.0[sec] W
------------------------------------------------------------------------
(5) Work Area (5): The waters bounded by a line connecting the
following points:
------------------------------------------------------------------------
Latitude Longitude
------------------------------------------------------------------------
40[deg]38[min]35.2[sec] N 074[deg]07[min]49.0[sec] W
40[deg]38[min]38.5[sec] N 074[deg]07[min]46.0[sec] W
40[deg]38[min]40.7[sec] N 074[deg]08[min]01.3[sec] W
40[deg]38[min]34.0[sec] N 074[deg]08[min]41.0[sec] W
40[deg]38[min]40.0[sec] N 074[deg]08[min]52.0[sec] W
40[deg]38[min]50.0[sec] N 074[deg]08[min]55.0[sec] W
40[deg]38[min]35.2[sec] N 074[deg]09[min]06.2[sec] W
40[deg]38[min]28.2[sec] N 074[deg]08[min]51.0[sec] W
40[deg]38[min]36.6[sec] N 074[deg]08[min]01.2[sec] W
40[deg]38[min]35.2[sec] N 074[deg]07[min]49.0[sec] W
------------------------------------------------------------------------
(6) Work Area (6): The waters bounded by a line connecting the
following points:
------------------------------------------------------------------------
Latitude Longitude
------------------------------------------------------------------------
40[deg]39[min]17.0[sec] N 074[deg]08[min]38.0[sec] W
40[deg]40[min]21.0[sec] N 074[deg]08[min]00.0[sec] W
40[deg]40[min]34.3[sec] N 074[deg]07[min]54.0[sec] W
40[deg]40[min]35.9[sec] N 074[deg]08[min]03.9[sec] W
40[deg]40[min]33.2[sec] N 074[deg]08[min]12.0[sec] W
40[deg]40[min]26.6[sec] N 074[deg]08[min]17.9[sec] W
40[deg]39[min]34.3[sec] N 074[deg]08[min]55.8[sec] W
40[deg]39[min]30.8[sec] N 074[deg]08[min]58.2[sec] W
40[deg]39[min]21.6[sec] N 074[deg]08[min]50.2[sec] W
40[deg]39[min]17.0[sec] N 074[deg]08[min]38.0[sec] W
------------------------------------------------------------------------
(7) Work Area (7): The waters bounded by a line connecting the
following points:
------------------------------------------------------------------------
Latitude Longitude
------------------------------------------------------------------------
40[deg]40[min]26.7[sec] N 074[deg]08[min]17.9[sec] W
[[Page 664]]
40[deg]41[min]14.4[sec] N 074[deg]09[min]35.0[sec] W
40[deg]41[min]18.9[sec] N 074[deg]09[min]31.9[sec] W
40[deg]40[min]46.1[sec] N 074[deg]08[min]38.9[sec] W
40[deg]40[min]44.5[sec] N 074[deg]08[min]30.2[sec] W
40[deg]40[min]33.2[sec] N 074[deg]08[min]12.0[sec] W
40[deg]40[min]26.7[sec] N 074[deg]08[min]17.9[sec] W
------------------------------------------------------------------------
(8) Work Area (8): The waters bounded by a line connecting the
following points:
------------------------------------------------------------------------
Latitude Longitude
------------------------------------------------------------------------
40[deg]39[min]30.8[sec] N 074[deg]08[min]58.2[sec] W
40[deg]39[min]40.6[sec] N 074[deg]09[min]22.5[sec] W
40[deg]39[min]43.5[sec] N 074[deg]09[min]25.8[sec] W
40[deg]39[min]44.8[sec] N 074[deg]09[min]24.9[sec] W
40[deg]39[min]32.8[sec] N 074[deg]08[min]55.2[sec] W
40[deg]39[min]30.8[sec] N 074[deg]08[min]58.2[sec] W
AND
40[deg]39[min]21.6[sec] N 074[deg]08[min]50.2[sec] W
40[deg]39[min]17.0[sec] N 074[deg]03[min]38.0[sec] W
40[deg]38[min]50.0[sec] N 074[deg]08[min]55.0[sec] W
40[deg]38[min]30.0[sec] N 074[deg]09[min]12.0[sec] W
40[deg]38[min]33.3[sec] N 074[deg]09[min]19.5[sec] W
40[deg]38[min]46.8[sec] N 074[deg]09[min]22.8[sec] W
40[deg]39[min]07.7[sec] N 074[deg]08[min]58.8[sec] W
40[deg]39[min]21.6[sec] N 074[deg]08[min]50.2[sec] W
------------------------------------------------------------------------
(9) Work Area (9): The waters bounded by a line connecting the
following points:
------------------------------------------------------------------------
Latitude Longitude
------------------------------------------------------------------------
40[deg]40[min]34.3[sec] N 074[deg]07[min]54.0[sec] W
40[deg]41[min]08.5[sec] N 074[deg]07[min]38.5[sec] W
40[deg]41[min]11.6[sec] N 074[deg]07[min]50.8[sec] W
40[deg]41[min]17.6[sec] N 074[deg]07[min]56.4[sec] W
40[deg]41[min]20.0[sec] N 074[deg]08[min]00.3[sec] W
40[deg]41[min]42.3[sec] N 074[deg]08[min]21.2[sec] W
40[deg]41[min]59.4[sec] N 074[deg]09[min]11.0[sec] W
40[deg]41[min]55.8[sec] N 074[deg]09[min]13.1[sec] W
40[deg]41[min]39.1[sec] N 074[deg]08[min]24.6[sec] W
40[deg]41[min]21.0[sec] N 074[deg]08[min]07.6[sec] W
40[deg]40[min]46.1[sec] N 074[deg]08[min]38.9[sec] W
40[deg]40[min]44.5[sec] N 074[deg]08[min]30.2[sec] W
40[deg]40[min]50.4[sec] N 074[deg]08[min]30.3[sec] W
40[deg]41[min]13.4[sec] N 074[deg]08[min]09.7[sec] W
40[deg]41[min]13.7[sec] N 074[deg]08[min]05.6[sec] W
40[deg]41[min]03.2[sec] N 074[deg]07[min]55.7[sec] W
40[deg]40[min]54.4[sec] N 074[deg]07[min]55.7[sec] W
40[deg]40[min]35.9[sec] N 074[deg]08[min]03.9[sec] W
40[deg]40[min]34.3[sec] N 074[deg]07[min]54.0[sec] W
------------------------------------------------------------------------
(c) Projected dates for each work area. Dredging is scheduled to
commence in Work Area (2) on April 19, 1999. As contracts are let for
dredging of each of the remaining work areas, commencement dates will be
made available via the Local Notice to Mariners, marine information
broadcasts, facsimile, and at New York Harbor Operations Committee
meetings.
(d) Regulations. (1) No vessel shall enter or transit any work area
where drill barges and/or dredges are located without permission of
Vessel Traffic Service New York (VTSNY).
(2) Each vessel transiting in the vicinity of the work areas, where
drill barges and/or dredges are located, is required to do so at no wake
speed.
(3) No vessel shall enter the RNA when they are advised by the
drilling barge or VTSNY that a misfire or hangfire has occurred. Vessels
already underway in the RNA shall proceed to clear the impacted area
immediately.
(4) Vessels, 300 gross tons or greater, and tugs with tows are
prohibited from meeting or overtaking other vessels when transiting
alongside an active work area.
(5) Vessels, 300 gross tons or greater, and tugs with tows
transiting with the prevailing current (as measured from the Battery
tide station) are regarded as the stand-on vessel.
(6) Prior to entering the RNA, the master, pilot or operator of each
vessel, 300 gross tons or greater and tugs with tows, shall ensure that
they have sufficient propulsion and directional control to safely
navigate the area under the prevailing conditions, and shall notify
VTSNY as to their decision regarding the employment of assist tugs while
transiting the RNA.
(7) Hawser or wire length must not exceed 100 feet, measured from
the towing bit on the tug to the point where the hawser or wire connects
with the towed vessel or barge, for any vessel with another vessel/barge
in tow.
(8) Waiver. The Captain of the Port, New York may, upon request,
authorize a deviation from any regulation in this section if it is found
that the proposed operations can be done safely. An application for
deviation must be received not less than 24 hours before the intended
operation and must state the need and describe the proposal.
(9) Tugs with tows includes a tug with a vessel or barge in tow,
alongside, or being pushed.
[USCG-1998-4443, 64 FR 18579, Apr. 15, 1999; CGD01-98-165, 64 FR 34313,
June 25, 1999]
Sec. 165.166 Safety Zone: Macy's July 4th Fireworks, East River, NY.
(a) Regulated area. The following area is a safety zone: All waters
of the Upper New York Bay south of a line drawn from Pier A (Fireboat
Station
[[Page 665]]
Pier), Battery Park City, in approximate position
40[deg]42[min]15.4[sec] N 074[deg]01[min]06.8[sec] W (NAD 1983) to the
easternmost corner of the Ellis Island Security Zone, in approximate
position 40[deg]41[min]57.6[sec] N 074[deg]02[min]06.7[sec] W (NAD
1983); north of a line drawn from Pier 7, Jersey City, NJ, in
approximate position 40[deg]41[min]26.4[sec] N 074[deg]03[min]17.3[sec]
W (NAD 1983) to Liberty Island Lighted Gong Buoy 29 (LLNR 34995), in
approximate position 40[deg]41[min]02.2[sec] N 074[deg]02[min]24.7[sec]
W (NAD 1983), on to Governor's Island Extension Light (LLNR 35000), in
approximate position 40[deg]41[min]08.3[sec] N 074[deg]01[min]35.4[sec]
W (NAD 1983); all waters of the East River north of a line drawn from
Governors Island, in approximate position 40[deg]41[min]25.3[sec] N
074[deg]00[min]42.5[sec] W (NAD 1983) to the southwest corner of Pier
9A, Brooklyn; south of a line drawn from East 47th Street, Manhattan
through the southern point of Roosevelt Island to 46 Road, Queens; and
all waters of Newtown Creek west of the Pulaski Bascule Bridge.
(b) Activation period. This section is activated annually from 6:30
p.m. until 11:30 p.m. on July 4th. If the event is cancelled due to
inclement weather then this section is in effect from 6:30 p.m. until
11:30 p.m. on July 5th.
(c) Regulations. (1) The general regulations contained in 33 CFR
165.23 apply.
(2) No vessels, except the Staten Island Ferries, will be allowed to
transit the safety zone without the permission of the Captain of the
Port, New York.
(3) All persons and vessels shall comply with the instructions of
the Coast Guard Captain of the Port or the designated on-scene patrol
personnel. These personnel comprise commissioned, warrant, and petty
officers of the Coast Guard. Upon being hailed by a U.S. Coast Guard
vessel by siren, radio, flashing light, or other means, the operator of
a vessel shall proceed as directed.
(4) Vessels equal to or greater than 20 meters (65.6 feet) in
length, carrying persons for the purpose of viewing the fireworks, may
take position in an area inside the safety zone, at least 200 yards off
the bulkhead on the west bank and just off the pierhead faces on the
east bank of the East River between the Williamsburg Bridge and North
9th Street, Brooklyn. This area is bound by the following points:
40[deg]42[min]45.5[sec] N 073[deg]58[min]07.4[sec] W; thence to
40[deg]42[min]50.4[sec] N 073[deg]58[min]23.2[sec] W; thence to
40[deg]43[min]23.1[sec] N 073[deg]58[min]12.7[sec] W; thence to
40[deg]43[min]21.5[sec] N 073[deg]57[min]45.7[sec] W; (NAD 1983) thence
back to the point of beginning. All vessels must be in this location by
6:30 p.m. (e.s.t.) the day of the event.
[CGD01-00-242, 66 FR 20405, Apr. 23, 2001, as amended by CGD01-05-017,
70 FR 35536, June 21, 2005]
Sec. 165.167 Safety Zone: East River Western Channel, Manhattan, NY.
(a) Location. The waters of the East River enclosed by the following
boundaries are established as a safety zone: beginning on the Manhattan
riverbank at a point 40[deg]45[min]35.7[sec] N, 073[deg]57[min]25.2[sec]
W (Point A), thence southeasterly to a point 40[deg]45[min]34.8[sec] N,
073[deg]57[min]23.2[sec] W (Point B), thence southwesterly along the
western boundary of the federal navigable channel to a point
40[deg]45[min]09.5[sec] N, 073[deg]57[min]46.3[sec] W (Point C), then
northwesterly to the Manhattan riverbank at a point
40[deg]45[min]10.5[sec] N, 073[deg]57[min]48.9[sec] W (Point D), thence
northeasterly along the riverbank to the place of beginning (Point A).
All coordinates are North American Datum 1983.
(b) Regulations. The general regulations contained in Sec. 165.23
of this part apply.
[CGD01-02-090, 67 FR 56489, Sept. 4, 2002]
Sec. 165.168 Safety Zones; Coast Guard Activities New York Fireworks
Displays.
(a) New York Harbor. The following areas are safety zones:
(1) Liberty Island Safety Zone: All waters of Upper New York Bay
within a 360-yard radius of the fireworks barge in approximate position
40[deg]41[min]16.5[sec] N 074[deg]02[min]23[sec] W (NAD 1983), located
in Federal Anchorage 20-C, about 360 yards east of Liberty Island.
(2) Ellis Island Safety Zone: All waters of Upper New York Bay
within a 360-yard radius of the fireworks barge located between Federal
Anchorages 20-A and 20-B, in approximate position 40[deg]41[min]45[sec]
N 074[deg]02[min]09[sec] W (NAD 1983), about 365 yards east of Ellis
Island.
(3) South Beach, Staten Island Safety Zone: All waters of Lower New
York Bay within a 360-yard radius of the
[[Page 666]]
fireworks barge in approximate position 40[deg]35[min]11[sec] N
074[deg]03[min]42[sec] W (NAD 1983), about 350 yards east of South
Beach, Staten Island.
(4) Raritan Bay Safety Zone: All waters of Raritan Bay in the
vicinity of the Raritan River Cutoff and Ward Point Bend (West) within a
240-yard radius of the fireworks barge in approximate position
40[deg]30[min]04[sec] N 074[deg]15[min]35[sec] W (NAD 1983), about 240
yards east of Raritan River Cutoff Channel Buoy 2 (LLNR 36595).
(5) Coney Island Safety Zone: All waters of Lower New York Bay
within a 250-yard radius of the fireworks land shoot located on the
south end of Steeplechase Pier, Coney Island, in approximate position
40[deg]34[min]11[sec] N 073[deg]59[min]00[sec] W (NAD 1983).
(6) Arthur Kill, Elizabeth, New Jersey Safety Zone: All waters of
the Arthur Kill within a 150-yard radius of the fireworks land shoot
located in Elizabeth, New Jersey, in approximate position
40[deg]38[min]50[sec] N 074[deg]10[min]58[sec] W (NAD 1983), about 675
yards west of Arthur Kill Channel Buoy 20 (LLNR 36780).
(7) South Ellis Island Safety Zone: All waters of Upper New York Bay
within a 240-yard radius of the fireworks barge in approximate position
40[deg]41[min]39.9[min] N 074[deg]02[min]33.7[min] W (NAD 1983), about
260 yards south of Ellis Island.
(8) Rockaway Beach Safety Zone: All waters of the Atlantic Ocean
within a 360 yard radius of the fireworks barge in approximate position
40[deg]34[min]28.2[min] N 073[deg]50[min]00.0[min] W (NAD 1983), off
Beach 116th Street.
(9) Rockaway Inlet Safety Zone: All waters of Rockaway Inlet within
a 360 yard radius of the fireworks barge in approximate position
40[deg]34[min]19.1[min] N 073[deg]54[min]43.5[min] W (NAD 1983), about
1,200 yards south of Point Breeze.
(10) Pierhead Channel, NJ Safety Zone: All waters of Pierhead
Channel and the Kill Van Kull within a 360-yard radius of the fireworks
barge in approximate position 40[deg]39[min]18.8[sec] N
074[deg]04[min]39.1[sec] W (NAD 1983), approximately 315 yards north of
the Kill Van Kull Channel.
(11) Midland Beach, Staten Island Safety Zone: All waters of Lower
New York Bay within a 500-yard radius of the fireworks barge in
approximate position 40[deg]34[min]12.0[sec] N 074[deg]04[min]29.6[sec]
W (NAD 1983), approximately 800 yards southeast of Midland Beach.
(12) Wolfes Pond Park, Staten Island Safety Zone: All waters of
Raritan Bay within a 500-yard radius of the fireworks barge in
approximate position 40[deg]30[min]52.1[sec] N 074[deg]10[min]58.8[sec]
W (NAD 1983), approximately 540 yards east of Wolfes Pond Park.
(b) Western Long Island Sound. The following areas are safety zones:
(1) Peningo Neck, Western Long Island Sound Safety Zone: All waters
of western Long Island Sound within a 300-yard radius of the fireworks
barge in approximate position 40[deg]56[min]21[sec] N
073[deg]41[min]23[sec] W (NAD 1983), about 525 yards east of Milton
Point, Peningo Neck, New York.
(2) Satans Toe, Western Long Island Sound Safety Zone: All waters of
western Long Island Sound within a 360-yard radius of the fireworks
barge in approximate position 40[deg]55[min]21[sec] N
073[deg]43[min]41[sec] W (NAD 1983), about 635 yards northeast of
Larchmont Harbor (East Entrance) Light 2 (LLNR 25720).
(3) Larchmont, Western Long Island Sound Safety Zone: All waters of
western Long Island Sound within a 240-yard radius of the fireworks
barge in approximate position 40[deg]54[min]45[sec] N
073[deg]44[min]55[sec] W (NAD 1983), about 450 yards southwest of the
entrance to Horseshoe Harbor.
(4) Manursing Island, Western Long Island Sound Safety Zone: All
waters of western Long Island Sound within a 360-yard radius of the
fireworks barge in approximate position 40[deg]57[min]47[sec] N
073[deg]40[min]06[sec] W (NAD 1983), about 380 yards north of Rye Beach
Transport Rock Buoy 2 (LLNR 25570).
(5) Glen Island, Western Long Island Sound Safety Zone: All waters
of western Long Island Sound within a 240-yard radius of the fireworks
barge in approximate position 40[deg]53[min]12[sec] N
073[deg]46[min]33[sec] W (NAD 1983), about 350 yards east of the
northeast corner of Glen Island, New York.
(6) Twin Island, Western Long Island Sound Safety Zone: All waters
of western Long Island Sound within a 200-yard radius of the fireworks
land shoot in approximate position 40[deg]52[min]10[sec] N
073[deg]47[min]07[sec] W (NAD 1983), at the east end of Orchard Beach,
New York.
[[Page 667]]
(7) Davenport Neck, Western Long Island Sound Safety Zone: All
waters of western Long Island Sound within a 360-yard radius of the
fireworks barge in Federal Anchorage No. 1-A, in approximate position
40[deg]53[min]46[sec] N 073[deg]46[min]04[sec] W (NAD 1983), about 360
yards northwest of Emerald Rock Buoy (LLNR 25810).
(8) Glen Cove, Hempstead Harbor Safety Zone: All waters of Hempstead
Harbor within a 360-yard radius of the fireworks barge in approximate
position 40[deg]51[min]58[sec] N 073[deg]39[min]34[sec] W (NAD 1983),
about 500 yards northeast of Glen Cove Breakwater Light 5 (LLNR 27065).
(9) Bar Beach, Hempstead Harbor Safety Zone: All waters of Hempstead
Harbor within a 180-yard radius of the fireworks barge in approximate
position 40[deg]49[min]50[sec] N 073[deg]39[min]12[sec] W (NAD 1983),
about 190 yards north of Bar Beach, Hempstead Harbor, New York.
(10) Larchmont Harbor, Western Long Island Sound Safety Zone: All
waters of western Long Island Sound within a 240-yard radius of the
fireworks barge in approximate position 40[deg]55[min]21.8[sec] N
073[deg]44[min]21.7[sec] W (NAD 1983), about 540 yards north of Umbrella
Rock.
(11) Orchard Beach, The Bronx, Safety Zone: All waters of Long
Island Sound in an area bound by the following points:
40[deg]51[min]43.5[sec] N 073[deg]47[min]36.3[sec] W; thence to
40[deg]52[min]12.2[sec] N 073[deg]47[min]13.6[sec] W; thence to
40[deg]52[min]02.5[sec] N 073[deg]46[min]47.8[sec] W; thence to
40[deg]51[min]32.3[sec] N 073[deg]47[min]09.9[sec] W (NAD 1983), thence
to the point of origin.
(c) East River. The following areas are safety zones:
(1) Pier 14, East River Safety Zone: All waters of the East River
within a 180-yard radius of the fireworks barge in approximate position
40[deg]42[min]07.5[sec] N 074[deg]00[min]06[sec] W (NAD 1983), about 250
yards southeast of Pier 14, Manhattan, New York.
(2) Wards Island, East River Safety Zone: All waters of the East
River within a 150-yard radius of the fireworks land shoot in
approximate position 40[deg]46[min]55.5[sec] N 073[deg]55[min]33[sec] W
(NAD 1983), about 200 yards northeast of the Triborough Bridge.
(3) Pier 16, East River Safety Zone: All waters of the East River
within a 180-yard radius of the fireworks barge in approximate position
40[deg]42[min]12.5[sec] N 074[deg]00[min]02.0[sec] W (NAD 1983), about
200 yards east of Pier 16.
(4) Newtown Creek, East River Safety Zone: All waters of the East
River within a 360-yard radius of the fireworks barge in approximate
position 40[deg]44[min]24.0[min] N 073[deg]58[min]00.0[sec] W (NAD
1983), about 785 yards south of Belmont Island.
(d) Hudson River. The following areas are safety zones:
(1) Pier 60, Hudson River Safety Zone: All waters of the Hudson
River within a 360-yard radius of the fireworks barge in approximate
position 40[deg]44[min]49[sec] N 074[deg]01[min]02[sec] W (NAD 1983),
about 500 yards west of Pier 60, Manhattan, New York.
(2) The Battery, Hudson River Safety Zone: All waters of the Hudson
River and Anchorage Channel within a 360-yard radius of the fireworks
barge in approximate position 40[deg]42[min]00[sec] N
074[deg]01[min]17[sec] W (NAD 1983), about 500 yards south of The
Battery, Manhattan, New York.
(3) Battery Park City, Hudson River Safety Zone: All waters of the
Hudson River within a 360-yard radius of the fireworks barge in
approximate position 40[deg]42[min]39[sec] N 074[deg]01[min]21[sec] W
(NAD 1983), about 480 yards southwest of North Cove Yacht Harbor,
Manhattan, New York.
(4) Pier 90, Hudson River Safety Zone: All waters of the Hudson
River within a 360-yard radius of the fireworks barge in approximate
position 40[deg]46[min]11.8[min] N 074[deg]00[min]14.8[sec] W (NAD
1983), about 375 yards west of Pier 90, Manhattan.
(5) Yonkers, New York, Hudson River Safety Zone: All waters of the
Hudson River within a 360-yard radius of the fireworks barge in
approximate position 40[deg]56[min]14.5[sec] N 073[deg]54[min]33[sec] W
(NAD 1983), about 475 yards northwest of the Yonkers Municipal Pier, New
York.
(6) Hastings-on-Hudson, New York, Hudson River Safety Zone: All
waters of the Hudson River within a 360-yard radius of the fireworks
barge in approximate position 40[deg]59[min]44.5[sec] N
073[deg]53[min]28[sec] W (NAD 1983), about 425 yards west of Hastings-
on-Hudson, New York.
(7) Pier D, Hudson River Safety Zone: All waters of the Hudson River
within a 360-yard radius of the fireworks barge in approximate position
40[deg]42[min]57.5[sec] N 074[deg]01[min]34[sec] W (NAD 1983), about 375
yards
[[Page 668]]
southeast of Pier D, Jersey City, New Jersey.
(8) Pier 54, Hudson River Safety Zone: All waters of the Hudson
River within a 360-yard radius of the fireworks barge in approximate
position 40[deg]44[min]31[sec] N 074[deg]01[min]00[sec] W (NAD 1983),
about 380 yards west of Pier 54, Manhattan.
(9) Pier 84, Hudson River Safety Zone: All waters of the Hudson
River within a 360-yard radius of the fireworks barge in approximate
position 40[deg]45[min]56.9[sec] N 074[deg]00[min]25.4[sec] W (NAD
1983), about 380 yards west of Pier 84, Manhattan.
(10) Peekskill Bay, Hudson River Safety Zone: All waters of
Peekskill Bay within a 360-yard radius of the fireworks barge in
approximate position 41[deg]17[min]16[sec] N 073[deg]56[min]18[sec] W
(NAD 1983), about 670 yards north of Travis Point.
(11) Jersey City, Hudson River Safety Zone: All waters of the Hudson
River within a 360-yard radius of the fireworks barge in approximate
position 40[deg]42[min]37.3[sec] N 074[deg]01[min]41.6[sec] W (NAD
1983), about 420 yards east of Morris Canal Little Basin.
(12) Newburgh, NY, Safety Zone: All waters of the Hudson River
within a 360-yard radius of the fireworks barge in approximate position
41[deg]30[min]01.2[sec] N 073[deg]59[min]42.5[sec] W (NAD 1983),
approximately 930 yards east of Newburgh, NY.
(e) Notification. Coast Guard Activities New York will cause notice
of the activation of these safety zones to be made by all appropriate
means to effect the widest publicity among the affected segments of the
public, including publication in the local notice to mariners, marine
information broadcasts, and facsimile. Fireworks barges used in these
locations will also have a sign on their port and starboard side labeled
``FIREWORKS--STAY AWAY''. This sign will consist of 10 high
by 1.5 wide red lettering on a white background. Shore sites
used in these locations will display a sign labeled ``FIREWORKS--STAY
AWAY'' with the same dimensions.
(f) Enforcement Period. This section will be enforced from 6 p.m.
(e.s.t.) to 1 a.m. (e.s.t.) each day a barge with a ``FIREWORKS--STAY
AWAY'' sign on the port and starboard side is on-scene or a
``FIREWORKS--STAY AWAY'' sign is posted in a location listed in
paragraphs (a) through (d) of this section. Vessels may enter, remain
in, or transit through these safety zones during this time frame if
authorized by the Captain of the Port New York or designated Coast Guard
patrol personnel on scene.
(g) Regulations. (1) The general regulations contained in 33 CFR
165.23 apply.
(2) All persons and vessels shall comply with the instructions of
the Coast Guard Captain of the Port or the designated on-scene-patrol
personnel. These personnel comprise commissioned, warrant, and petty
officers of the Coast Guard. Upon being hailed by a U. S. Coast Guard
vessel by siren, radio, flashing light, or other means, the operator of
a vessel shall proceed as directed.
[CDG01-00-004, 65 FR 43239, July 13, 2000, as amended by CGDO1-00-221,
66 FR 16000, Mar. 22, 2001; CGD01-03-102, 69 FR 41199, July 8, 2004]
Sec. 165.169 Safety and Security Zones: New York Marine Inspection
Zone and Captain of the Port Zone.
(a) Safety and security zones. The following waters within the New
York Marine Inspection Zone and Captain of the Port Zone are safety and
security zones:
(1) Indian Point Nuclear Power Station (IPNPS). All waters of the
Hudson River within a 300-yard radius of the IPNPS pier in approximate
position 41[deg]16[min]12.4[sec] N, 073[deg]57[min]16.2[sec] W (NAD 83).
(2) U.S. Coast Guard Cutters and Shore Facilities. All waters within
100 yards of: Each moored, or anchored, Coast Guard Cutter; Coast Guard
Station New York, Staten Island, NY; Coast Guard Station Sandy Hook, NJ;
Coast Guard Station Kings Point, NY; and Coast Guard Aids to Navigation
Team New York, Bayonne, NJ.
(3) Commercial Waterfront Facilities. All waters within 25 yards of
each commercial waterfront facility that is capable of accepting barge,
ferry or other commercial vessels. For purposes of
[[Page 669]]
this section, ``commercial waterfront facility'' means all piers,
wharves, docks and similar structures to which barge, ferry or other
commercial vessels may be secured; areas of land or water under and in
immediate proximity to them; buildings on such structures or contiguous
to them; and equipment and materials on such structures and in such
buildings.
(i) When a barge, ferry or other commercial vessel is conducting
transfer operations at a commercial waterfront facility, the 25-yard
zone is measured from the outboard side of the commercial vessel.
(ii) Vessels may transit through any portion of the zone that
extends into the navigable channel for the sole purpose of direct and
expeditious transit through the zone so long as they remain within the
navigable channel, maintain the maximum safe distance from the
commercial waterfront facility and do not stop or loiter within the
zone.
(4) Liberty and Ellis Islands. All waters within 150 yards of
Liberty Island, Ellis Island, and the bridge between Liberty State Park
and Ellis Island.
(5) Bridge Piers and Abutments, Overhead Power Cable Towers, Piers
and Tunnel Ventilators. All waters within 25 yards of any bridge pier or
abutment, overhead power cable tower, pier or tunnel ventilators south
of the Troy, NY Locks. Vessels may transit through any portion of the
zone that extends into the navigable channel for the sole purpose of
direct and expeditious transit through the zone so long as they remain
within the navigable channel, maintain the maximum safe distance from
the waterfront facility and do not stop or loiter within the zone.
(6) New York City Passenger Ship Terminal, Hudson River, NY. (i)
Location. All waters of the Hudson River bound by the following points:
From the northeast corner of Pier 96 where it intersects the seawall,
thence west to approximate position 40[deg]46[min]23.1[sec] N,
073[deg]59[min]59.0[sec] W, thence south to approximate position
40[deg]45[min]55.3[sec] N, 074[deg]00[min]20.2[sec] W (NAD 1983), thence
east to the southeast corner of Pier 84 where it intersects the seawall,
thence north along the shoreline to the point of origin.
(ii) Enforcement period. This zone will be enforced whenever
passenger vessels are pierside at Pier 88, 90 or 92 or whenever the
passenger ship terminal or the adjacent Intrepid Sea, Air and Space
Museum, Manhattan is being used as an Emergency Operations Center. The
activation and termination of a particular zone will be announced in
accordance with 33 CFR 165.7.
(7) La Guardia Airport, Bowery and Flushing Bays, Queens, NY. (i)
Location: 200-Yard Zone. All waters of Bowery and Flushing Bays within
approximately 200 yards of La Guardia Airport bound by the following
points: Onshore at Steinway, Queens, in approximate position
40[deg]46[min]32.1[sec] N, 073[deg]53[min]22.4[sec] W, thence to
40[deg]46[min]52.8[sec] N, 073[deg]53[min]09.3[sec] W, thence to
40[deg]46[min]54.8[sec] N, 073[deg]52[min]54.2[sec] W, thence to
40[deg]46[min]59.3[sec] N, 073[deg]52[min]51.3[sec] W, thence to
40[deg]47[min]11.8[sec] N, 073[deg]53[min]17.3[sec] W, thence to
40[deg]47[min]13.0[sec] N, 073[deg]53[min]16.1[sec] W on Rikers Island,
thence easterly along the Rikers Island shoreline to approximate
position 40[deg]47[min]12.9[sec] N, 073[deg]52[min]17.9[sec] W, thence
to 40[deg]47[min]16.7[sec] N, 073[deg]52[min]09.2[sec] W, thence to
40[deg]47[min]36.1[sec] N, 073[deg]51[min]52.5[sec] W, thence to
40[deg]47[min]35.1[sec] N, 073[deg]51[min]50.5[sec] W, thence to
40[deg]47[min]15.9[sec] N, 073[deg]52[min]06.4[sec] W, thence to
40[deg]47[min]14.5[sec] N, 073[deg]52[min]03.1[sec] W, thence to
40[deg]47[min]10.6[sec] N, 073[deg]52[min]06.7[sec] W, thence to
40[deg]47[min]01.9[sec] N, 073[deg]52[min]02.4[sec] W, thence to
40[deg]46[min]50.4[sec] N, 073[deg]52[min]08.1[sec] W, thence to
40[deg]46[min]26.8[sec] N, 073[deg]51[min]18.5[sec] W, thence to
40[deg]45[min]57.2[sec] N, 073[deg]51[min]01.8[sec] W, thence to
40[deg]45[min]51.2[sec] N, 073[deg]50[min]59.6[sec] W, thence to
40[deg]45[min]49.5[sec] N, 073[deg]51[min]07.2[sec] W, thence to
40[deg]45[min]58.8[sec] N, 073[deg]51[min]13.2[sec] W, thence to
40[deg]46[min]02.3[sec] N, 073[deg]51[min]20.1[sec] W, thence to
40[deg]45[min]48.4[sec] N, 073[deg]51[min]37.0[sec] W, (NAD 1983) thence
along the shoreline to the point of origin.
(ii) Location: 100-Yard Zone. All waters of Bowery and Flushing Bays
within approximately 100 yards of La Guardia Airport bound by the
following points: Onshore at Steinway, Queens, in approximate position
40[deg]46[min]32.1[sec] N, 073[deg]53[min]22.4[sec] W, thence to
40[deg]46[min]50.6[sec] N, 073[deg]53[min]07.3[sec] W, thence to
40[deg]46[min]53.0[sec] N, 073[deg]52[min]50.9[sec] W, thence to
40[deg]46[min]57.6[sec] N, 073[deg]52[min]47.9[sec] W, thence to
40[deg]47[min]11.8[sec] N, 073[deg]53[min]17.3[sec] W, thence to
40[deg]47[min]13.0[sec] N, 073[deg]53[min]16.1[sec] W on Rikers Island,
thence easterly along the Rikers Island shoreline to approximate
position 40[deg]47[min]12.9[sec] N, 073[deg]52[min]17.9[sec] W, thence
to 40[deg]47[min]16.7[sec] N, 073[deg]52[min]09.2[sec] W, thence to
40[deg]47[min]36.1[sec] N,
[[Page 670]]
073[deg]51[min]52.5[sec] W, thence to 40[deg]47[min]35.1[sec] N,
073[deg]51[min]50.5[sec] W, thence to 40[deg]47[min]15.9[sec] N,
073[deg]52[min]06.4[sec] W, thence to 40[deg]47[min]14.5[sec] N,
073[deg]52[min]03.1[sec] W, thence to 40[deg]47[min]07.9[sec] N,
073[deg]52[min]09.2[sec] W, thence to 40[deg]47[min]01.4[sec] N,
073[deg]52[min]06.1[sec] W, thence to 40[deg]46[min]50.0[sec] N,
073[deg]52[min]14.6[sec] W, thence to 40[deg]46[min]22.2[sec] N,
073[deg]51[min]16.0[sec] W, thence to 40[deg]45[min]57.2[sec] N,
073[deg]51[min]01.8[sec] W, thence to 40[deg]45[min]52.4[sec] N,
073[deg]51[min]00.2[sec] W, thence to 40[deg]45[min]50.6[sec] N,
073[deg]51[min]07.9[sec] W, thence to 40[deg]45[min]58.8[sec] N,
073[deg]51[min]13.2[sec] W, thence to 40[deg]46[min]04.0[sec] N,
073[deg]51[min]23.3[sec] W, thence to 40[deg]45[min]51.2[sec] N,
073[deg]51[min]38.8[sec] W, (NAD 1983) thence along the shoreline to the
point of origin.
(iii) Enforcement period. The zones described in paragraph (a)(7) of
this section will be effective at all times. When port security
conditions permit, the Captain of the Port will allow vessels to operate
within that portion of the waters described in paragraph (a)(7)(i) that
lies outside of the waters described in paragraph (a)(7)(ii).
Authorization to enter the waters that lie between the outer boundaries
of the zones described in paragraphs (a)(7)(i) and (a)(7)(ii) will be
communicated by the Captain of the Port to the public by marine
broadcast, or local notice to mariners, or notice posted at
www.harborops.com.
(8) John F. Kennedy Airport, Jamaica Bay, Queens, NY. (i) Location:
Bergen Basin. All waters of Bergen Basin north of
40[deg]39[min]26.4[sec] N.
(ii) Location: Thurston Basin. All waters of Thurston Basin north of
40[deg]38[min]21.2[sec] N.
(iii) Location: 200-Yard Zone. All waters of Jamaica Bay within
approximately 200 yards of John F. Kennedy Airport bound by the
following points: Onshore east of Bergen Basin, Queens, in approximate
position 40[deg]38[min]49.0[sec] N, 073[deg]49[min]09.1[sec] W, thence
to 40[deg]38[min]42.5[sec] N, 073[deg]49[min]13.2[sec] W, thence to
40[deg]38[min]00.6[sec] N, 073[deg]47[min]35.1[sec] W, thence to
40[deg]37[min]52.3[sec] N, 073[deg]47[min]55.0[sec] W, thence to
40[deg]37[min]50.3[sec] N, 073[deg]47[min]53.5[sec] W, thence to
40[deg]37[min]59.4[sec] N, 073[deg]47[min]32.6[sec] W, thence to
40[deg]37[min]46.1[sec] N, 073[deg]47[min]07.2[sec] W, thence to
40[deg]37[min]19.5[sec] N, 073[deg]47[min]30.4[sec] W, thence to
40[deg]37[min]05.5[sec] N, 073[deg]47[min]03.0[sec] W, thence to
40[deg]37[min]34.7[sec] N, 073[deg]46[min]40.6[sec] W, thence to
40[deg]37[min]20.5[sec] N, 073[deg]46[min]23.5[sec] W, thence to
40[deg]37[min]05.7[sec] N, 073[deg]46[min]34.9[sec] W, thence to
40[deg]36[min]54.8[sec] N, 073[deg]46[min]26.7[sec] W, thence to
40[deg]37[min]14.1[sec] N, 073[deg]46[min]10.8[sec] W, thence to
40[deg]37[min]36.9[sec] N, 073[deg]45[min]52.8[sec] W, thence to
40[deg]38[min]00.8[sec] N, 073[deg]44[min]54.9[sec] W, thence to
40[deg]38[min]05.1[sec] N, 073[deg]45[min]00.3[sec] W, (NAD 1983) thence
along the shoreline to the point of origin.
(iv) Location: 100-Yard Zone. All waters of Jamaica Bay within
approximately 100 yards of John F. Kennedy Airport bound by the
following points: Onshore east of Bergen Basin, Queens, in approximate
position 40[deg]38[min]49.0[sec] N, 073[deg]49[min]09.1[sec] W, thence
to 40[deg]38[min]45.1[sec] N, 073[deg]49[min]11.6[sec] W, thence to
40[deg]38[min]02.0[sec] N, 073[deg]47[min]31.8[sec] W, thence to
40[deg]37[min]52.3[sec] N, 073[deg]47[min]55.0[sec] W, thence to
40[deg]37[min]50.3[sec] N, 073[deg]47[min]53.5[sec] W, thence to
40[deg]38[min]00.8[sec] N, 073[deg]47[min]29.4[sec] W, thence to
40[deg]37[min]47.4[sec] N, 073[deg]47[min]02.4[sec] W, thence to
40[deg]37[min]19.9[sec] N, 073[deg]47[min]25.0[sec] W, thence to
40[deg]37[min]10.0[sec] N, 073[deg]47[min]03.7[sec] W, thence to
40[deg]37[min]37.7[sec] N, 073[deg]46[min]41.2[sec] W, thence to
40[deg]37[min]22.6[sec] N, 073[deg]46[min]21.9[sec] W, thence to
40[deg]37[min]05.7[sec] N, 073[deg]46[min]34.9[sec] W, thence to
40[deg]36[min]54.8[sec] N, 073[deg]46[min]26.7[sec] W, thence to
40[deg]37[min]14.1[sec] N, 073[deg]46[min]10.8[sec] W, thence to
40[deg]37[min]40.0[sec] N, 073[deg]45[min]55.6[sec] W, thence to
40[deg]38[min]02.8[sec] N, 073[deg]44[min]57.5[sec] W, thence to
40[deg]38[min]05.1[sec] N, 073[deg]45[min]00.3[sec] W, (NAD 1983) thence
along the shoreline to the point of origin.
(v) Enforcement period. The zones described in paragraphs (a)(8) of
this section will be effective at all times. When port security
conditions permit, the Captain of the Port will allow vessels to operate
within that portion of the waters described in paragraph (a)(8)(iii)
that lies outside of the waters described in paragraph (a)(8)(iv).
Authorization to enter the waters that lie between the outer boundaries
of the zones described in paragraphs (a)(8)(iii) and (a)(8)(iv) will be
communicated by the Captain of the Port to the public by marine
broadcast, local notice to mariners, or notice posted at
www.harborops.com.
(9) NYPD Ammunition Depot, Rodman Neck, Eastchester Bay, NY. (i)
Location: 150-Yard Zone. All waters of Eastchester Bay within
approximately 150 yards of Rodman Neck bound by the following points:
Onshore in approximate position 40[deg]51[min]30.4[sec] N,
073[deg]48[min]14.9[sec] W, thence to 40[deg]51[min]29.9[sec] N,
073[deg]48[min]20.7[sec] W, thence to 40[deg]51[min]16.9[sec] N,
073[deg]48[min]22.5[sec] W, thence to 40[deg]51[min]07.5[sec] N,
073[deg]48[min]18.7[sec] W, thence to 40[deg]50[min]54.2[sec] N,
073[deg]48[min]11.1[sec] W, thence to 40[deg]50[min]48.5[sec] N,
073[deg]48[min]04.6[sec] W, thence to 40[deg]50[min]49.2[sec] N,
073[deg]47[min]56.5[sec] W, thence to 40[deg]51[min]03.6[sec] N,
073[deg]47[min]47.3[sec] W,
[[Page 671]]
thence to 40[deg]51[min]15.7[sec] N, 073[deg]47[min]46.8[sec] W, thence
to 40[deg]51[min]23.5[sec] N, 073[deg]47[min]41.9[sec] W, (NAD 1983)
thence southwesterly along the shoreline to the point of origin.
(ii) Location: 100-Yard Zone. All waters of Eastchester Bay within
approximately 100 yards of Rodman Neck bound by the following points:
Onshore in approximate position 40[deg]51[min]30.4[sec] N,
073[deg]48[min]14.9[sec] W, thence to 40[deg]51[min]30.1[sec] N,
073[deg]48[min]19.0[sec] W, thence to 40[deg]51[min]16.8[sec] N,
073[deg]48[min]20.5[sec] W, thence to 40[deg]51[min]07.9[sec] N,
073[deg]48[min]16.8[sec] W, thence to 40[deg]50[min]54.9[sec] N,
073[deg]48[min]09.0[sec] W, thence to 40[deg]50[min]49.7[sec] N,
073[deg]48[min]03.6[sec] W, thence to 40[deg]50[min]50.1[sec] N,
073[deg]47[min]57.9[sec] W, thence to 40[deg]51[min]04.6[sec] N,
073[deg]47[min]48.9[sec] W, thence to 40[deg]51[min]15.9[sec] N,
073[deg]47[min]48.4[sec] W, thence to 40[deg]51[min]23.5[sec] N,
073[deg]47[min]41.9[sec] W, (NAD 1983) thence southwesterly along the
shoreline to the point of origin.
(iii) Enforcement period. The zones described in paragraph (a)(9) of
this section will be effective at all times. When port security
conditions permit, the Captain of the Port will allow vessels to operate
within that portion of the waters described in paragraph (a)(9)(i) that
lies outside of the waters described in paragraph (a)(9)(ii).
Authorization to enter the waters that lie between the outer boundaries
of the zones described in paragraphs (a)(9)(i) and (a)(9)(ii) will be
communicated by the Captain of the Port to the public by marine
broadcast, local notice to mariners, or notice posted at
www.harborops.com.
(10) Port Newark/Port Elizabeth, Newark Bay, NJ. All waters of
Newark Bay bound by the following points: 40[deg]41[min]49.9[sec] N,
074[deg]07[min]32.2[sec] W, thence to 40[deg]41[min]46.5[sec] N,
074[deg]07[min]20.4[sec] W, thence to 40[deg]41[min]10.7[sec] N,
074[deg]07[min]45.9[sec] W, thence to 40[deg]40[min]54.3[sec] N,
074[deg]07[min]55.7[sec] W, thence to 40[deg]40[min]36.2[sec] N,
074[deg]08[min]03.8[sec] W, thence to 40[deg]40[min]29.1[sec] N,
074[deg]08[min]06.3[sec] W, thence to 40[deg]40[min]21.9[sec] N,
074[deg]08[min]10.0[sec] W, thence to 40[deg]39[min]27.9[sec] N,
074[deg]08[min]43.6[sec] W, thence to 40[deg]39[min]21.5[sec] N,
074[deg]08[min]50.1[sec] W, thence to 40[deg]39[min]21.5[sec] N,
074[deg]09[min]54.3[sec] W, (NAD 1983) thence northerly along the
shoreline to the point of origin.
(11) Global Marine Terminal, Upper New York Bay. All waters of Upper
New York Bay between the Global Marine and Military Ocean Terminals,
west of the New Jersey Pierhead Channel.
(12) Approaches to New York, Atlantic Ocean. The following area is a
security zone: All waters of the Atlantic Ocean between the Ambrose to
Hudson Canyon Traffic Lane and the Barnegat to Ambrose Traffic Lane
bound by the following points: 40[deg]21[min]29.9[sec] N,
073[deg]44[min]41.0[sec] W, thence to 40[deg]21[min]04.5[sec] N,
073[deg]45[min]31.4[sec] W, thence to 40[deg]15[min]28.3[sec] N,
073[deg]44[min]13.8[sec] W, thence to 40[deg]15[min]35.4[sec] N,
073[deg]43[min]29.8[sec] W, thence to 40[deg]19[min]21.2[sec] N,
073[deg]42[min]53.0[sec] W, (NAD 1983) thence to the point of origin.
(b) Regulations. (1) Entry into or remaining in a safety or security
zone is prohibited unless authorized by the Coast Guard Captain of the
Port, New York.
(2) Persons desiring to transit the area of a safety or security
zone may contact the Captain of the Port at telephone number 718-354-
4088 or on VHF channel 14 (156.7 MHz) or VHF channel 16 (156.8 MHz) to
seek permission to transit the area. If permission is granted, all
persons and vessels must comply with the instructions of the Captain of
the Port or his or her designated representative.
(3) Vessels not actively engaged in authorized vessel to facility
transfer operations shall not stop or loiter within that part of a
commercial waterfront facility safety and security zone extending into
the navigable channel, described in paragraph (a)(3) of this section,
without the express permission of the Coast Guard Captain of the Port or
his or her designated representative, including on-scene patrol
personnel.
(4) The zone described in paragraph (a)(12) of this section is not a
Federal Anchorage Ground. Only vessels directed by the Captain of the
Port or his or her designated representative to enter this zone are
authorized to anchor here.
(5) Vessels do not need permission from the Captain of the Port to
transit the area described in paragraph (a)(12) of this section during
periods when that security zone is not being enforced.
(c) Enforcement. Enforcement periods for the zone in paragraph
(a)(12) of this section will be announced through marine information
broadcast or other appropriate method of communication.
[[Page 672]]
The Coast Guard is enforcing the zone whenever a vessel is anchored in
the security zone or a Coast Guard patrol vessel is on-scene.
[CGD01-02-132, 68 FR 2890, Jan. 22, 2003, as amended by CGD01-03-036, 69
FR 2670, Jan. 20, 2004; CGD01-03-020, 69 FR 23306, June 15, 2004]
Sec. 165.170 Safety Zone: Triathlon, Ulster Landing, Hudson River, NY.
(a) Regulated area. The following area is a safety zone: All waters
of the Hudson River, in the vicinity of Ulster Landing, bound by the
following points: 42[deg]00[min]03.7[sec] N, 073[deg]56[min]43.1[sec] W;
thence to 41[deg]59[min]52.5[sec] N, 073[deg]56[min]34.2[sec] W; thence
to 42[deg]00[min]15.1[sec] N, 073[deg]56[min]25.2[sec] W; thence to
42[deg]00[min]05.4[sec] N, 073[deg]56[min]41.9[sec] W (NAD 1983); thence
along the shoreline to the point of beginning.
(b) Effective period. This section is in effect annually from 6 a.m.
until 9 a.m. on the first Sunday after July 4th.
(c) Regulations. (1) The general regulations contained in 33 CFR
165.23 apply.
(2) No vessels will be allowed to transit the safety zone without
the permission of the Captain of the Port, New York.
(3) All persons and vessels shall comply with the instructions of
the Coast Guard Captain of the Port or the designated on-scene patrol
personnel. These personnel comprise commissioned, warrant, and petty
officers of the Coast Guard. Upon being hailed by a U.S. Coast Guard
vessel by siren, radio, flashing light, or other means, the operator of
a vessel shall proceed as directed.
[CGD01-00-248, 66 FR 29486, May 31, 2001]
Sec. 165.202 Safety Zones: Annual fireworks Events in the Captain of
the Port Cleveland Zone.
(a) Safety zones. The following areas are designated safety zones:
(1) City of Cleveland 4th of July Fireworks Display, Cleveland, OH:
All navigable waters of Cleveland Harbor and Lake Erie beginning at
41[deg]30.823[min] N, 081[deg]41.620[min] W (the northwest corner of
Burke Lakefront Airport); continuing northwest to 41[deg]31.176 N,
081[deg]41.884[min] W; then southwest to 41[deg]30.810[min] N,
081[deg]42.515[min] W; then southeast to 41[deg]30.450[min] N,
081[deg]42.222[min] W (the northwest corner of dock 28 at the Cleveland
Port Authority) then northeast back to the starting point at
41[deg]30.443[min] N, 081[deg]41.620[min] W. All geographic coordinates
are based upon North American Datum 1983 (NAD 1983).
(2) Dollar Bank Jamboree Fireworks Display, Cleveland, OH: All
navigable waters of Cleveland Harbor and Lake Erie beginning at
41[deg]30.823[min] N, 081[deg]41.620[min] W (the northwest corner of
Burke Lakefront Airport); continuing northwest to 41[deg]31.176 N,
081[deg]41.884[min] W; then southwest to 41[deg]30.810[min] N,
081[deg]42.515[min] W; then southeast to 41[deg]30.450[min] N,
081[deg]42.222[min] W (the northwest corner of dock 28 at the Cleveland
Port Authority) then northeast back to the starting point at
41[deg]30.443[min] N, 081[deg]41.620[min] W (NAD 1983).
(3) Browns Football Halftime Fireworks Display, Cleveland, OH: All
navigable waters of Cleveland Harbor and Lake Erie beginning at
41[deg]30.823[min] N, 081[deg]41.620[min] W (the northwest corner of
Burke Lakefront Airport); continuing northwest to 41[deg]31.176 N,
081[deg]41.884[min] W; then southwest to 41[deg]30.810[min] N,
081[deg]42.515[min] W; then southeast to 41[deg]30.450[min] N,
081[deg]42.222[min] W (the northwest corner of dock 28 at the Cleveland
Port Authority) then northeast back to the starting point at
41[deg]30.443[min] N, 081[deg]41.620[min] W (NAD 1983).
(4) Lakewood City Fireworks Display, Lakewood, OH: All waters and
adjacent shoreline of Lake Erie bounded by the arc of a circle with a
500-yard radius with its center approximate position 41[deg]29.755[min]
N, 081[deg]47.780[min] W (off of Lakewood Park) (NAD 1983).
(5) Cleveland Yachting Club Fireworks Display, Rocky River, OH: All
waters and adjacent shoreline of the Rocky River and Lake Erie bounded
by the arc of a circle with a 200-yard radius with its center at Sunset
Point on the western side of the mouth of the Rocky River in approximate
position 41[deg]29.428[min] N, 081[deg]50.309[min] W (NAD 1983).
(6) Lorain 4th of July Celebration Fireworks Display, Lorain, OH:
The waters of Lorain Harbor bounded by the arc of a circle with a 300-
yard radius with its center east of the harbor entrance on the end of
the break wall near Spitzer's Marina in approximate position
41[deg]28.591[min] N, 082[deg]10.855[min] W (NAD 1983).
(7) Lorain Port Fest Fireworks Display, Lorain, OH: All waters and
adjacent shoreline of Lorain Harbor bounded by
[[Page 673]]
the arc of a circle with a 250-yard radius with its center at
approximate position 41[deg]28.040[min] N, 082[deg]10.365[min] W (NAD
1983).
(8) Mentor Harbor Yacht Club Fireworks Display, Mentor, OH: All
waters and adjacent shoreline of Lake Erie and Mentor Harbor bounded by
the arc of a circle with a 200-yard radius with its center in
approximate position 41[deg]43.200[min] N, 081[deg]21.400[min] W (west
of the harbor entrance) (NAD 1983).
(9) Fairport Mardi Gras Fireworks Display, Fairport Harbor, OH: All
waters and adjacent shoreline of Fairport Harbor and Lake Erie bounded
by the arc of a circle with a 300-yard radius with its center east of
the harbor entrance at Fairport Harbor Beach in approximate position
41[deg]45.500[min] N, 081[deg]16.300[min] W (NAD 1983).
(10) Ashtabula Area Fireworks Display, Ashtabula, OH: All waters and
adjacent shoreline of Lake Erie and Ashtabula Harbor bounded by the arc
of a circle with a 300-yard radius with its center west of the harbor in
approximate position 41[deg]54.167[min] N, 080[deg]48.416[min] W (NAD
1983).
(b) Notification. Captain of the Port Cleveland will cause notice of
the enforcement of these safety zones to be made by all appropriate
means to effect the widest publicity among the affected segments of the
public, including publication on the local notice to mariners, marine
information broadcasts, and facsimile. Fireworks barges used in these
locations will also have a sign on their port and starboard side labeled
``FIREWORKS-STAY AWAY''. This sign will consist of 10[sec] high by
1.5[sec] wide red lettering on a white background. Shore sites used in
these locations will display a sign labeled ``FIREWORKS-STAY AWAY'' with
the same dimensions.
(c) Enforcement period. This section will be enforced from 6 p.m.
(local) to 1 a.m. (local) each day a barge with ``FIREWORKS-STAY AWAY''
sign on the port and starboard side is on-scene or a ``FIREWORKS-STAY
AWAY'' sign is posted in a location listed in paragraph (a) of this
section. Vessels may enter, remain in, or transit through these safety
zones during this time frame if authorized by the Captain of the Port
Cleveland or the designated Coast Guard Patrol Commander on scene.
(d) Regulations. (1) The general regulations contained in 33 CFR
165.23 apply.
(2) All persons and vessels shall comply with the instructions of
the Coast Guard Captain of the Port or the designated on scene Patrol
Commander. Coast Guard patrol personnel include commissioned, warrant,
and petty officers of the U.S. Coast Guard. Upon being hailed by a U.S.
Coast Guard vessel via siren, radio, flashing light, or other means, the
operator shall proceed as directed.
(3) Several of the safety zones in this regulation encompass
portions commercial navigation channels but are not expected to
adversely affect shipping. In cases where shipping is affected,
commercial vessels may request permission from the Patrol Commander or
Captain of the Port to transit the safety zone. Approval will be made on
a case-by-case basis. Requests must be made in advance and approved by
the Captain of the Port before transits will be authorized. The Captain
of the Port may be contacted via the U.S. Coast Guard Patrol Commander
(PAT COM) on Channel 16, VHF-FM.
[CGD09-03-202, 69 FR 43750, July 22, 2004]
Fifth Coast Guard District
Sec. 165.500 Safety/Security Zones; Chesapeake Bay, Maryland.
(a) Definitions. (1) Certain Dangerous Cargo (CDC) means a material
defined in 33 CFR part 160.
(2) Liquefied Hazardous Gas (LHG) means a material defined in 33 CFR
part 127.
(3) Liquefied Natural Gas (LNG) means a material defined in 33 CFR
part 127.
(4) Cruise ship means a vessel defined as a ``passenger vessel'' in
46 U.S.C. 2101 (22).
(b) Location. The following areas are a safety/security zone: All
waters of the Chesapeake Bay and its tributaries, from surface to
bottom, within a 500 yard radius around cruise ships and vessels
transporting CDC, LNG, or LHG while transiting, anchored, or moored
within the COTP Baltimore zone.
(c) Regulations. (1) The COTP will notify the maritime community of
affected vessels and the periods during which the safety/security zones
will be enforced by providing notice to mariners in accordance with 33
CFR 165.7.
(2) Entry into or remaining in this zone is prohibited unless
authorized by the Coast Guard COTP, Baltimore, Maryland or his
designated representative.
(3) Persons desiring to transit the area of the security zone may
contact
[[Page 675]]
the COTP at telephone number 410-576-2693 or on VHF channel 16 (156.8
MHz) to seek permission to transit the area. If permission is granted,
all persons and vessels must comply with the instructions of the COTP or
his or her designated representative.
(d) Authority. In addition to 33 U.S.C. 1231, the authority for this
section includes 50 U.S.C. 191.
[CDG05-03-008, 68 FR 43311, July 22, 2003]
Sec. 165.501 Chesapeake Bay entrance and Hampton Roads, VA and adjacent
waters--Regulated Navigation Area.
(a) Location. The waters enclosed by the shoreline and the following
lines are a Regulated Navigation Area:
(1) Offshore zone. A line drawn due East from the mean low water
mark at the North Carolina and Virginia border at latitude
36[deg]33[min]03[sec] N, longitude 75[deg]52[min]00[sec] W, to the
Territorial Seas boundary line at latitude 36[deg]33[min]05[sec] N,
longitude 75[deg]36[min]51[sec] W, thence generally Northeastward along
the Territorial Seas boundary line to latitude 38[deg]01[min]39[sec] N,
longitude 74[deg]57[min]18[sec] W, thence due West to the mean low water
mark at the Maryland and Virginia border at latitude
38[deg]01[min]39[sec] N, longitude 75[deg]14[min]30[sec] W, thence South
along the mean low water mark on the Virginia coast, and eastward of the
Colregs Demarcation Lines across Chincoteague Inlet, Assawoman Inlet,
Gargathy Inlet, Metompkin Inlet, Wachapreague Inlet, Quinby Inlet, Great
Machipongo Inlet, Sand Shoal Inlet, New Inlet, Ship Shoal Inlet and
Little Inlet, to the Colregs Demarcation Line across the mouth of
Chesapeake Bay, continuing south along the Virginia low water mark and
eastward of the Colregs Demarcation Line across Rudee Inlet to the point
of beginning. All positions reference NAD 83.
(2) Inland zone. The waters enclosed by the shoreline and the
following lines:
(i) A line drawn across the entrance to Chesapeake Bay between Wise
Point and Cape Charles Light, and then continuing to Cape Henry Light.
(ii) A line drawn across the Chesapeake Bay between Old Point
Comfort Light and Cape Charles City Range ``A'' Rear Light.
(iii) A line drawn across the James River along the eastern side of
U.S. Route 17 highway bridge, between Newport News and Isle of Wight
County, Virginia.
(iv) A line drawn across Chuckatuck Creek along the northern side of
the north span of the U.S. Route 17 highway bridge, between Isle of
Wight County and Suffolk, Virginia.
(v) A line drawn across the Nansemond River along the northern side
of the Mills Godwin (U.S. Route 17) Bridge, Suffolk, Virginia.
(vi) A line drawn across the mouth of Bennetts Creek, Suffolk,
Virginia.
(vii) A line drawn across the Western Branch of the Elizabeth River
along the eastern side of the West Norfolk Bridge, Portsmouth, Virginia.
(viii) A line drawn across the Southern Branch of the Elizabeth
River along the northern side of the I-64 highway bridge, Chesapeake,
Virginia.
(ix) A line drawn across the Eastern Branch of the Elizabeth River
along the western side of the west span of the Campostella Bridge,
Norfolk, Virginia.
(x) A line drawn across the Lafayette River along the western side
of the Hampton Boulevard Bridge, Norfolk, Virginia.
(xi) A line drawn across Little Creek along the eastern side of the
Ocean View Avenue (U.S. Route 60) Bridge, Norfolk, Virginia.
(xii) A line drawn across Lynnhaven Inlet along the northern side of
Shore Drive (U.S. Route 60) Bridge, Virginia Beach, Virginia.
(b) Definitions. In this section:
CBBT means the Chesapeake Bay Bridge Tunnel.
Coast Guard Patrol Commander is a Coast Guard commissioned, warrant
or petty officer who has been designated by the Commander, Coast Guard
Group Hampton Roads.
Designated representative of the Captain of the Port means a person,
including the duty officer at the Coast Guard Marine Safety Office
Hampton Roads, the Joint Harbor Operations Center watchstander, or the
Coast Guard or Navy Patrol Commander who has been authorized by the
Captain of the Port to act on his or her behalf and at his or her
request to carry out such orders and directions as needed. All patrol
[[Page 676]]
vessels shall display the Coast Guard Ensign at all times when underway.
I-664 Bridge Tunnel means the Monitor Merrimac Bridge Tunnel.
Inland waters means waters within the COLREGS Line of Demarcation.
Thimble Shoal Channel consists of the waters bounded by a line
connecting Thimble Shoal Channel Lighted Bell Buoy 1TS, thence to
Thimble Shoal Lighted Gong Buoy 17, thence to Thimble Shoal Lighted Buoy
19, thence to Thimble Shoal Lighted Buoy 21, thence to Thimble Shoal
Lighted Buoy 22, thence to Thimble Shoal Lighted Buoy 18, thence to
Thimble Shoal Lighted Buoy 2, thence to the beginning.
Thimble Shoal North Auxiliary Channel consists of the waters in a
rectangular area 450 feet wide adjacent to the north side of Thimble
Shoal Channel, the southern boundary of which extends from Thimble Shoal
Channel Lighted Buoy 2 to Thimble Shoal Lighted Buoy 18.
Thimble Shoal South Auxiliary Channel consists of the waters in a
rectangular area 450 feet wide adjacent to the south side of Thimble
Shoal Channel, the northern boundary of which extends from Thimble Shoal
Channel Lighted Bell Buoy 1TS, thence to Thimble Shoal Lighted Gong Buoy
17, thence to Thimble Shoal Lighted Buoy 19, thence to Thimble Shoal
Lighted Buoy 21.
(c) Applicability. This section applies to all vessels operating
within the Regulated Navigation Area, including naval and public
vessels, except vessels that are engaged in the following operations:
(1) Law enforcement.
(2) Servicing aids to navigation.
(3) Surveying, maintenance, or improvement of waters in the
Regulated Navigation Area.
(d) Regulations--(1) Anchoring restrictions. No vessel over 65 feet
long may anchor or moor in the inland waters of the Regulated Navigation
Area outside an anchorage designated in Sec. 110.168 of this title,
with these exceptions:
(i) The vessel has the permission of the Captain of the Port.
(ii) Only in an emergency, when unable to proceed without
endangering the safety of persons, property, or the environment, may a
vessel anchor in a channel.
(iii) A vessel may not anchor within the confines of Little Creek
Harbor, Desert Cove, or Little Creek Cove without the permission of the
Captain of the Port. The Captain of the Port shall consult with the
Commander, Naval Amphibious Base Little Creek, before granting
permission to anchor within this area.
(2) Anchoring detail requirements. A self-propelled vessel over 100
gross tons, which is equipped with an anchor or anchors (other than a
tugboat equipped with bow fenderwork of a type of construction that
prevents an anchor being rigged for quick release), that is underway
within two nautical miles of the CBBT or the I-664 Bridge Tunnel shall
station its personnel at locations on the vessel from which they can
anchor the vessel without delay in an emergency.
(3) Secondary towing rig requirements on inland waters. (i) A vessel
over 100 gross tons may not be towed in the inland waters of the
Regulated Navigation Area unless it is equipped with a secondary towing
rig, in addition to its primary towing rig, that:
(A) Is of sufficient strength for towing the vessel.
(B) Has a connecting device that can receive a shackle pin of at
least two inches in diameter.
(C) Is fitted with a recovery pickup line led outboard of the
vessel's hull.
(ii) A tow consisting of two or more vessels, each of which is less
than 100 gross tons, that has a total gross tonnage that is over 100
gross tons, shall be equipped with a secondary towing rig between each
vessel in the tow, in addition to its primary towing rigs, while the tow
is operating within this Regulated Navigation Area. The secondary towing
rig must:
(A) Be of sufficient strength for towing the vessels.
(B) Have connecting devices that can receive a shackle pin of at
least two inches in diameter.
(C) Be fitted with recovery pickup lines led outboard of the
vessel's hull.
(4) Thimble Shoals Channel controls. (i) A vessel drawing less than
25 feet may not enter the Thimble Shoal Channel, unless the vessel is
crossing the channel. Masters should consider the squat of their vessel
based upon vessel design
[[Page 677]]
and environmental conditions. Channel crossings shall be made as
perpendicular to the channel axis as possible.
(ii) Except when crossing the channel, a vessel in the Thimble Shoal
North Auxiliary Channel shall proceed in a westbound direction.
(iii) Except when crossing the channel, a vessel in the Thimble
Shoal South Auxiliary Channel shall proceed in an eastbound direction.
(5) Restrictions on vessels with impaired maneuverability--(i)
Before entry. A vessel over 100 gross tons, whose ability to maneuver is
impaired by heavy weather, defective steering equipment, defective main
propulsion machinery, or other damage, may not enter the Regulated
Navigation Area without the permission of the Captain of the Port.
(ii) After entry. A vessel over 100 gross tons, which is underway in
the Regulated Navigation Area, that has its ability to maneuver become
impaired for any reason, shall, as soon as possible, report the
impairment to the Captain of the Port.
(6) Requirements for navigation charts, radars, and pilots. No
vessel over 100 gross tons may enter the Regulated Navigation Area,
unless it has on board:
(i) Corrected charts of the Regulated Navigation Area. Instead of
corrected paper charts, warships or other vessels owned, leased, or
operated by the United States Government and used only in government
noncommercial service may carry electronic charting and navigation
systems that have met the applicable agency regulations regarding
navigation safety.
(ii) An operative radar during periods of reduced visibility;
(iii) When in inland waters, a pilot or other person on board with
previous experience navigating vessels on the waters of the Regulated
Navigation Area.
(7) Emergency procedures. (i) Except as provided in paragraph
(d)(7)(ii) of this section, in an emergency any vessel may deviate from
the regulations in this section to the extent necessary to avoid
endangering the safety of persons, property, or the environment.
(ii) A vessel over 100 gross tons with an emergency that is located
within two nautical miles of the CBBT or I-664 Bridge Tunnel shall
notify the Captain of the Port of its location and the nature of the
emergency, as soon as possible.
(8) Vessel speed limits--(i) Little Creek. A vessel may not proceed
at a speed over five knots between the Route 60 bridge and the mouth of
Fishermans Cove (Northwest Branch of Little Creek).
(ii) Southern Branch of the Elizabeth River. A vessel may not
proceed at a speed over six knots between the junction of the Southern
and Eastern Branches of the Elizabeth River and the Norfolk and
Portsmouth Belt Line Railroad Bridge between Chesapeake and Portsmouth,
Virginia.
(iii) Norfolk Harbor Reach. Nonpublic vessels of 300 gross tons or
more may not proceed at a speed over 10 knots between the Elizabeth
River Channel Lighted Gong Buoy 5 of Norfolk Harbor Reach (southwest of
Sewells Point) at approximately 36[deg]58[min]00[sec] N,
076[deg]20[min]00[sec] W, and gated Elizabeth River Channel Lighted
Buoys 17 and 18 of Craney Island Reach (southwest of Norfolk
International Terminal at approximately 36[deg]54[min]17[sec] N, and
076[deg]20[min]11[sec] W.
(9) Port security requirements. Vessels in excess of 300 gross tons,
including tug and barge combinations in excess of 300 gross tons
(combined), shall not enter the Regulated Navigation Area, move within
the Regulated Navigation Area, or be present within the Regulated
Navigation Area, unless they comply with the following requirements:
(i) Obtain authorization to enter the Regulated Navigation Area from
the designated representative of the Captain of the Port prior to entry.
All vessels entering or remaining in the Regulated Navigation Area may
be subject to a Coast Guard boarding.
(ii) Ensure that no person who is not a permanent member of the
vessel's crew, or a member of a Coast Guard boarding team, boards the
vessel without a valid purpose and photo identification.
(iii) Report any departure from or movement within the Regulated
Navigation Area to the designated representative of the Captain of the
Port prior to getting underway.
[[Page 678]]
(iv) The designated representative of the Captain of the Port shall
be contacted on VHF-FM channel 12, or by calling (757) 444-5209, (757)
444-5210, or (757) 668-5555.
(v) In addition to the authorities listed in this part, this
paragraph is promulgated under the authority under 33 U.S.C. 1226.
(e) Waivers. (1) The Captain of the Port may, upon request, waive
any regulation in this section.
(2) An application for a waiver must state the need for the waiver
and describe the proposed vessel operations.
(f) Control of vessels within the regulated navigation area. (1)
When necessary to prevent damage, destruction or loss of any vessel,
facility or port infrastructure, the Captain of the Port may direct the
movement of vessels or issue orders requiring vessels to anchor or moor
in specific locations.
(2) If needed for the maritime, commercial or security interests of
the United States, the Captain of the Port may order a vessel to move
from the location in which it is anchored to another location within the
Regulated Navigation Area.
(3) The master of a vessel within the Regulated Navigation Area
shall comply with any orders or directions issued to the master's vessel
by the Captain of the Port.
[CGD05-02-099, 68 FR 35175, June 12, 2003]
Sec. 165.502 Safety and Security Zone; Cove Point Liquefied Natural
Gas Terminal, Chesapeake Bay, Maryland.
(a) Location. The following area is a safety and security zone: All
waters of the Chesapeake Bay, from surface to bottom, encompassed by
lines connecting the following points, beginning at
38[deg]24[min]27[sec] N, 76[deg]23[min]42[sec] W, thence to
38[deg]24[min]44[sec] N, 76[deg]23[min]11[sec] W, thence to
38[deg]23[min]55[sec] N, 76[deg]22[min]27[sec] W, thence to
38[deg]23[min]37[sec] N, 76[deg]22[min]58[sec] W, thence to beginning at
38[deg]24[min]27[sec] N, 76[deg]23[min]42[sec] W. These coordinates are
based upon North American Datum (NAD) 1983. This area is 500 yards in
all directions from the Cove Point LNG terminal structure.
(b) Regulations. (1) In accordance with the general regulations in
Sec. Sec. 165.23 and 165.33 of this part, entry into or movement within
this zone is prohibited unless authorized by the Coast Guard Captain of
the Port, Baltimore, Maryland or his designated representative.
Designated representatives include any Coast Guard commissioned,
warrant, or petty officer.
(2) Persons desiring to transit the area of the zone may contact the
Captain of the Port at telephone number (410) 576-2693 or via VHF Marine
Band Radio Channel 16 (156.8 MHz) to seek permission to transit the
area. If permission is granted, all persons and vessels must comply with
the instructions of the Captain of the Port or his designated
representative.
(c) Enforcement. The U.S. Coast Guard may be assisted in the patrol
and enforcement of the zone by Federal, State, local, and private
agencies.
[CGD05-03-023, 68 FR 75133, Dec. 30, 2003]
Sec. 165.503 Security Zone; Captain of the Port Hampton Roads Zone.
(a) Definitions. As used in this section--
Certain dangerous cargo or CDC means a material defined as CDC in 33
CFR 160.204.
Designated Representative of the Captain of the Port is any U.S.
Coast Guard commissioned, warrant or petty officer who has been
authorized by the Captain of the Port (COTP), Hampton Roads, Virginia to
act on his or her behalf.
Passenger vessel means a vessel defined as a passenger vessel in 46
CFR part 70.
(b) Location. All navigable waters of the Captain of the Port
Hampton Roads zone (defined in 33 CFR 3.25-10) within 500 yards around a
passenger vessel or vessel carrying a CDC, while the passenger vessel or
vessel carrying CDC is transiting, moored or anchored.
(c) Regulations. (1) No vessel may approach within 500 yards of a
passenger vessel or vessel carrying a CDC within the Captain of the Port
Hampton Roads zone, unless traveling at the minimum speed necessary to
navigate safely.
(2) Under Sec. 165.33, no vessel or person may approach within 100
yards of a passenger vessel or vessel carrying a CDC within the Captain
of the Port Hampton Roads zone, unless authorized
[[Page 679]]
by the COTP Hampton Roads or his or her designated representative.
(3) The COTP Hampton Roads may notify the maritime and general
public by marine information broadcast of the periods during which
individual security zones have been activated by providing notice in
accordance with 33 CFR 165.7.
(4) A security zone in effect around a moving or anchored vessel
will be enforced by a law enforcement vessel. A security zone in effect
around a moored vessel will be enforced by a law enforcement agent
shoreside, a law enforcement vessel waterside, or both.
(5) Persons desiring to transit the area of the security zone within
100 yards of a passenger vessel or vessel carrying a CDC must contact
the COTP Hampton Roads on VHF-FM channel 16 (156.8 MHz) or telephone
number (757) 668-5555 or (757) 484-8192 to seek permission to transit
the area. All persons and vessels must comply with the instructions of
the COTP or the COTP's designated representative.
(d) Enforcement. The COTP will enforce these zones and may enlist
the aid and cooperation of any Federal, state, county, or municipal law
enforcement agency to assist in the enforcement of the regulation.
[CGD05-04-067, 69 FR 40769, July 7, 2004]
Sec. 165.504 Newport News Shipbuilding and Dry Dock Company Shipyard,
James River, Newport News, Va.
(a) Location. The following is a security zone: The waters of the
James River encompassed by a line beginning at the intersection of the
shoreline with the northernmost property line of the Newport News
Shipbuilding and Dry Dock Co. at latitude 37[deg]00[min]38.1[sec] N,
longitude 76[deg]27[min]05.7[sec] W, thence southerly to latitude
36[deg]59[min]58.4[sec] N, longitude 76[deg]27[min]16.7[sec] W, thence
southeasterly to latitude 36[deg]59[min]23.0[sec] N, longitude
76[deg]26[min]54.6[sec] W, thence westerly to latitude
36[deg]59[min]21.5[sec] N, longitude 76[deg]26[min]58.4[sec] W, thence
southeasterly to latitude 36[deg]59[min]12.9[sec] N, longitude
76[deg]26[min]52.4[sec] W, thence easterly to latitude
36[deg]59[min]14.2[sec] N, longitude 76[deg]26[min]49.1[sec] W, thence
southeasterly to latitude 36[deg]58[min]37.8[sec] N, longitude
76[deg]26[min]26.3[sec] W, thence easterly to latitude
36[deg]58[min]43.5[sec] N, longitude 76[deg]26[min]13.7[sec] W, thence
northerly to the intersection of the shoreline with the southernmost
property line of the Newport News Shipbuilding and Dry Dock Co. at
latitude 36[deg]58[min]48.0[sec] N, longitude 76[deg]26[min]11.2[sec] W,
thence northwesterly along the shoreline to the point of beginning.
(b) Security zone anchorage. The following is a security zone
anchorage: The waters of the James River encompassed by a line beginning
at the intersection of the shoreline with the northernmost property line
of the Newport News Shipbuilding and Dry Dock Company shipyard at
latitude 37[deg]00[min]38.1[sec] N, longitude 76[deg]27[min]05.7[sec] W,
thence southerly to latitude 36[deg]59[min]58.4[sec] N, longitude
76[deg]27[min]16.7[sec] W, thence easterly to the shoreline at latitude
36[deg]59[min]58.5[sec] N, longitude 76[deg]27[min]11.6[sec] W, thence
along the shoreline to the point of beginning.
(c) Special Regulations. (1) Section 165.33 (a), (e), and (f) do not
apply to the following vessels or individuals on board those vessels:
(i) Public vessels of the United States.
(ii) Public vessels owned or operated by the Commonwealth of
Virginia or its subdivisions for law enforcement or firefighting
purposes.
(iii) Vessels owned by, operated by, or under charter to Newport
News Shipbuilding and Dry Dock Co.
(iv) Vessels that are performing work at Newport News Shipbuilding
and Dry Dock Co., including the vessels of subcontractors and other
vendors of Newport News Shipbuilding and Dry Dock Co. or other persons
that have a contractual relationship with Newport News Shipbuilding and
Dry Dock Co.
(v) Vessels that are being built, rebuilt, repaired, or otherwise
worked on at or by Newport News Shipbuilding and Dry Dock Co. or another
person authorized to perform work at the shipyard.
(vi) Vessels that are authorized by Newport News Shipbuilding and
Dry Dock Company to moor at and use its facilities.
(vii) Commercial shellfish harvesting vessels taking clams from the
shellfish beds within the zone, if
(A) The owner of the vessel has previously provided the Captain of
the Port, Hampton Roads, Virginia, information about the vessel,
including:
[[Page 680]]
(1) The name of the vessel;
(2) The vessel's official number, if documented, or state number, if
numbered by a state issuing authority;
(3) A brief description of the vessel, including length, color, and
type of vessel;
(4) The name, Social Security number, current address, and telephone
number of the vessel's master, operator, or person in charge; and
(5) Upon request, information the vessel's crew.
(B) The vessel is operated in compliance with any specific orders
issued to the vessel by the Captain of the Port or other regulations
controlling the operation of vessels within the security zone that may
be in effect.
(d) Enforcement. The U.S. Coast Guard may be assisted in the
enforcement of this zone by the U.S. Navy.
[CGD5 86-03, 51 FR 18322, May 19, 1986, as amended by CGD5 87-038, 52 FR
41996, Nov. 2, 1987]
Sec. 165.505 Security Zone; Calvert Cliffs Nuclear Power Plant,
Chesapeake Bay, Calvert County, Maryland.
(a) Location. The following area is a security zone: All waters of
the Chesapeake Bay, from surface to bottom, encompassed by lines
connecting the following points, beginning at 38[deg]26[min]06[sec] N,
076[deg]26[min]18[sec] W, thence to 38[deg]26[min]10[sec] N,
076[deg]26[min]12[sec] W, thence to 38[deg]26[min]21[sec] N,
076[deg]26[min]28[sec] W, thence to 38[deg]26[min]14[sec] N,
076[deg]26[min]33[sec] W, thence to beginning at 38[deg]26[min]06[sec]
N, 076[deg]26[min]18[sec] W. These coordinates are based upon North
American Datum (NAD) 1983.
(b) Regulations. (1) Entry into or remaining in this zone is
prohibited unless authorized by the Coast Guard Captain of the Port,
Baltimore, Maryland.
(2) Persons desiring to transit the area of the security zone may
contact the Captain of the Port at telephone number 410-576-2693 or on
VHF channel 16 (156.8 MHz) to seek permission to transit the area. If
permission is granted, all persons and vessels must comply with the
instructions of the Captain of the Port or his or her designated
representative.
(c)Authority: In addition to 33 U.S.C. 1231 and 50 U.S.C. 191, the
authority for this section includes 33 U.S.C. 1226.
[CGD05-02-080, 68 FR 15053, Mar. 28, 2003]
Sec. 165.506 Safety Zones; Fifth Coast Guard District Fireworks Displays.
(a) Locations. (1) Patuxent River, Solomons Island, MD, Safety Zone.
All waters of Patuxent River within a 300 yard radius of the fireworks
barge in an area bound by the following points:38[deg]19[min]42[sec] N,
076[deg]28[min]02[sec] W; thence to 38[deg]19[min]26[sec] N,
076[deg]28[min]18[sec] W; thence to 38[deg]18[min]48[sec] N,
076[deg]27[min]42[sec] W; thence to 38[deg]19[min]06[sec] N
076[deg]27[min]25[sec] W; (Datum NAD 1983), thence to the point of
origin, located near Solomons Island, MD.
(2) Middle River, Baltimore County, MD, Safety Zone. All waters of
the Middle River within a 300 yard radius of the fireworks barge in
approximate position 39[deg]17[min]45[sec] N, 076[deg]23[min]49[sec] W
(Datum NAD 1983), approximately 300 yards east of Rockaway Beach, near
Turkey Point.
(3) Northeast River, North East, MD, Safety Zone. All waters of the
Northeast River within a 300 yard radius of the fireworks barge in
approximate position 39[deg]35[min]26[sec] N, 075[deg]57[min]00[sec] W
(Datum NAD 1983), approximately 400 yards south of North East Community
Park.
(4) Potomac River, Charles County, MD, Safety Zone. All waters of
the Potomac River within a 250 yard radius of the fireworks barge in
approximate position 38[deg]20[min]30[sec] N, 077[deg]14[min]30[sec] W
(Datum NAD 1983), located near Fairview Beach, Virginia.
(5) Baltimore Inner Harbor, Patapsco River, MD, Safety Zone. All
waters of the Patapsco River within a 150 yard radius of the fireworks
barge in approximate position 39[deg]16[min]55[sec] N,
076[deg]36[min]17[sec] W (Datum NAD 1983), located at the entrance to
Baltimore Inner Harbor, approximately 150 yards southwest of pier 6.
(6) Northwest Harbor, (Western Section) Patapsco River, MD, Safety
Zone. All waters of the Patapsco River within a 250 yard radius of the
fireworks barge in approximate position 39[deg]16[min]37[sec] N,
076[deg]35[min]54[sec] W (Datum NAD 1983), located near the western end
of Northwest Harbor.
[[Page 681]]
(7) Northwest Harbor (East Channel), Patapsco River, MD, Safety
Zone. All waters of the Patapsco River within a 300 yard radius of the
fireworks barge in approximate position 39[deg]15[min]55[sec] N,
076[deg]34[min]35[sec] W (Datum NAD 1983), located adjacent to the East
Channel of Northwest Harbor.
(8) Washington Channel, Upper Potomac River, Washington, DC, Safety
Zone. All waters of the Upper Potomac River within a 150 yard radius of
the fireworks barge in approximate position 38[deg]52[min]09[sec] N,
077[deg]01[min]13[sec] W (Datum NAD 1983), located within the Washington
Channel in Washington Harbor, DC.
(9) Dukeharts Channel, Potomac River, MD, Safety Zone. All waters of
the Potomac River within a 150 yard radius of the fireworks barge in
approximate position 38[deg]1348[sec] N, 076[deg]44[min]37[sec] W (Datum
NAD 1983), located adjacent to Dukeharts Channel near Coltons Point,
Maryland.
(10) Severn River and Spa Creek, Annapolis, MD, Safety Zone. All
waters of the Severn River and Spa Creek within an area bounded by a
line drawn from 38[deg]58[min]39.6[sec] N, 076[deg]28[min]49[sec] W;
thence to 38[deg]58[min]41[sec] N, 076[deg]28[min]14[sec] W; thence to
38[deg]59[min]01[sec] N, 076[deg]28[min]37[sec] W; thence to
38[deg]58[min]57[sec] N, 076[deg]28[min]40[sec] W (Datum NAD 1983),
located near the entrance to Spa Creek in Annapolis, Maryland.
(11) Miles River, St. Michaels, MD, Safety Zone. All waters of the
Miles River within a 200 yard radius of the fireworks barge in
approximate position 38[deg]47[min]42[sec] N, 076[deg]12[min]23[sec] W
(Datum NAD 1983), located near the waterfront of St. Michaels, Maryland.
(12) Chesapeake Bay, Chesapeake Beach, MD, Safety Zone. All waters
of the Chesapeake Bay within a 150 yard radius of the fireworks barge in
approximate position 38[deg]41[min]33[sec] N, 076[deg]31[min]48[sec] W
(Datum NAD 1983), located near Chesapeake Beach, Maryland.
(13) Choptank River, Cambridge, MD, Safety Zone. All waters of the
Choptank River within a 300 yard radius of the fireworks launch site at
Great Marsh Point, located at 38[deg]35[min]06[sec] N,
076[deg]04[min]46[sec] W (Datum NAD 1983).
(14) Chester River, Kent Island Narrows, MD, Safety Zone. All waters
of the Chester River within a 250 yard radius of the fireworks barge in
approximate position 38[deg]58[min]51.6[sec] N, 076[deg]14[min]49.8[sec]
W (Datum NAD 1983), approximately 500 yards west of the northern
approach to Kent Island Narrows channel.
(15) Atlantic Ocean, Ocean City, MD, Safety Zone. All waters of the
Atlantic Ocean in an area bound by the following points:
38[deg]19[min]39.9[sec] N, 075[deg]05[min]03.2[sec] W; thence to
38[deg]19[min]36.7[sec] N, 075[deg]04[min]53.5[sec] W; thence to
38[deg]19[min]45.6[sec] N, 075[deg]04[min]49.3[sec] W; thence to
38[deg]19[min]49.1[sec] N, 075[deg]05[min]00.5[sec] W; (Datum NAD 1983),
thence to point of origin. The size of the proposed zone extends
approximately 300 yards offshore from the fireworks launch area located
at the High Water mark on the beach.
(16)Isle of Wight Bay, Ocean City, MD, Safety Zone. All waters of
Isle of Wight Bay within a 350 yard radius of the fireworks barge in
approximate position 38[deg]22[min]32[sec] N, 075[deg]04[min]30[sec] W
(Datum NAD 1983).
(17) Assawoman Bay, Fenwick Island--Ocean City, MD, Safety Zone. All
waters of Assawoman Bay within a 360 yard radius of the fireworks launch
location on the pier at the West end of Northside Park, in approximate
position 38[deg]25[min]57.6[sec] N, 075[deg]03[min]55.8[sec] W (Datum
NAD 1983).
(18) Atlantic Ocean, Rehoboth Beach, DE, Safety Zone. All waters of
the Atlantic Ocean within a 360 yard radius of the fireworks barge in
approximate position 38[deg]43[min]01.2[sec] N, 075[deg]04[min]21[sec] W
(Datum NAD 1983), approximately 400 yards east of Rehoboth Beach, DE.
(19) Indian River Bay, DE, Safety Zone. All waters of the Indian
River Bay within a 360 yard radius of the fireworks launch location on
the pier in approximate position 38[deg]36[min]42[sec] N,
075[deg]08[min]18[sec] W (Datum NAD 1983), about 700 yards east of Pots
Net Point, DE.
(20) Little Egg Harbor, Parker Island, NJ, Safety Zone. All waters
of Little Egg Harbor within a 500 yard radius of the fireworks barge in
approximate position 39[deg]34[min]18[sec] N, 074[deg]14[min]43[sec] W
(Datum NAD 1983), approximately 100 yards north of Parkers Island.
(21) Barnegat Bay, Ocean Township, NJ, Safety Zone. All waters of
Barnegat Bay within a 500 yard radius of the fireworks barge in
approximate position 39[deg]47[min]33[sec] N, 074[deg]10[min]46[sec] W
(Datum NAD 1983).
[[Page 682]]
(22) Delaware Bay, North Cape May, NJ, Safety Zone. All waters of
the Delaware Bay within a 500 yard radius of the fireworks barge in
approximate position 38[deg]58[min]00[sec] N, 074[deg]58[min]30[sec] W
(Datum NAD 1983).
(23) Delaware River, Philadelphia, PA, Safety Zone. All waters of
Delaware River, adjacent to Penns Landing, Philadelphia, PA, bounded
from shoreline to shoreline, bounded on the south by a line running east
to west from points along the shoreline at 39[deg]56[min]31.2[sec] N,
075[deg]08[min]28.1[sec] W; thence to 39[deg]56[min]29.1[sec] N,
075[deg]07[min]56.5[sec] W, and bounded on the north by the Benjamin
Franklin Bridge, (Datum NAD 1983).
(24) Morehead City Harbor Channel, NC, Safety Zone. All waters of
Morehead City Harbor Channel that fall within a 360 yard radius of
latitude 34[deg]43[min]01[sec] N, 076[deg]42[min]59.6[sec] W, a position
located at the west end of Sugar Loaf Island, NC.
(25) Cape Fear River, Wilmington, NC, Safety Zone. All waters of the
Cape Fear River within an area bound by a line drawn from the following
points: 34[deg]14[min]12[sec] N, 077[deg]57[min]07.2[sec] W; thence to
34[deg]14[min]12[sec] N, 077[deg]57[min]06[sec] W; thence to
34[deg]13[min]54[sec] N, 077[deg]57[min]00[sec] W;, thence to
34[deg]13[min]54[sec] N, 077[deg]57[min]06[sec] W; thence to the point
of origin, (Datum NAD 1983), located 500 yards north of Cape Fear
Memorial Bridge.
(26) Cape Fear River, Southport, NC, Safety Zone. All waters of the
Cape Fear River within a 600 yard radius of the fireworks barge in
approximate position 33[deg]54[min]40[sec] N, 078[deg]01[min]18[sec] W
(Datum NAD 1983), approximately 700 yards south of the waterfront at
Southport, NC.
(27) Green Creek and Smith Creek, Oriental, NC, Safety Zone. All
waters of Green Creek and Smith Creek that fall within a 300 yard radius
of the fireworks launch site at 35[deg]01[min]29.6[sec] N,
076[deg]42[min]10.4[sec] W (Datum NAD 1983), located near the entrance
to the Neuse River in the vicinity of Oriental, NC.
(28) Pamlico River, Washington, NC, Safety Zone. All waters of the
Pamlico River that fall within a 300 yard radius of the fireworks launch
site at 35[deg]32[min]19[sec] N, 077[deg]03[min]20.5[sec] W (Datum NAD
1983), located 500 yards north of Washington railroad trestle bridge.
(29) Neuse River, New Bern, NC, Safety Zone. All waters of the Neuse
River within a 360 yard radius of the fireworks barge in approximate
position 35[deg]06[min]07.1[sec] N, 077[deg]01[min]35.8[sec] W (Datum
NAD 1983), located 420 yards north of the New Bern, Twin Span, high rise
bridge.
(30) Upper Potomac River, Alexandria, VA, Safety Zone. All waters of
the Upper Potomac River within a 300 yard radius of the fireworks barge
in approximate position 38[deg]48[min]37[sec] N, 077[deg]02[min]02[sec]
W (Datum NAD 1983), located near the waterfront of Alexandria, Virginia.
(31) Potomac River, Prince William County, VA, Safety Zone. All
waters of the Potomac River within a 200 yard radius of the fireworks
barge in approximate position 38[deg]34[min]08[sec] N,
077[deg]15[min]34[sec] W (Datum NAD 1983), located near Cherry Hill,
Virginia.
(32) Chincoteague Channel, Chincoteague, VA, Safety Zone. All waters
of the Chincoteague Channel within a 360 yard radius of the fireworks
launch location at the Chincoteague carnival waterfront in approximate
position 37[deg]55[min]40.3[sec] N, 075[deg]23[min]10.7[sec] W (Datum
NAD 1983), approximately 900 yards southwest of Chincoteague Swing
Bridge.
(33) Atlantic Ocean, Virginia Beach, VA, Safety Zone. All waters of
the Atlantic Ocean enclosed within a 360 yard radius of the center
located on the beach at approximate position 36[deg]51[min]34.8[sec] N,
075[deg]58[min]30[sec] W (Datum NAD 1983).
(34) Elizabeth River, Southern Branch, Norfolk, VA, Safety Zone: All
waters of Elizabeth River Southern Branch in an area bound by the
following points: 36[deg]50[min]54.8[sec] N, 076[deg]18[min]10.7[sec] W;
thence to 36[deg]51[min]7.9[sec] N, 076[deg]18[min]01[sec] W; thence to
36[deg]50[min]45.6[sec] N, 076[deg]17[min]44.2[sec] W; thence to
36[deg]50[min]29.6[sec] N, 076[deg]17[min]23.2[sec] W; thence to
36[deg]50[min]7.7[sec] N, 076[deg]17[min]32.3[sec] W; thence to
36[deg]49[min]58[sec] N, 076[deg]17[min]28.6[sec] W; thence to
36[deg]49[min]52.6[sec] N, 076[deg]17[min]43.8[sec] W; thence to
36[deg]50[min]27.2[sec] N, 076[deg]17[min]45.3[sec] W thence to the
point of origin,(Datum NAD 1983).
(b) Notification. (1) Fireworks barges and launch sites on land in
paragraph (a) of this section shall have a sign on the port and
starboard side of the barge or mounted on a post 3 foot above ground
level when on land and facing the water labeled ``FIREWORKS--DANGER--
STAY AWAY''. This will provide on scene notice that the safety
[[Page 683]]
zone will be enforced on that day. This notice will consist of a diamond
shaped sign 4 foot by 4 foot with a 3-inch orange retro-reflective
border. The word ``DANGER'' shall be 10 inch black block letters
centered on the sign with the words ``FIREWORKS'' and ``STAY AWAY'' in 6
inch black block letters placed above and below the word ``DANGER''
respectively on a white background.
(2) Coast Guard Captains of the Port in the Fifth Coast Guard
District will notify the public of the enforcement of these safety zones
by all appropriate means to effect the widest publicity among the
affected segments of the public, including publication in the local
notice to mariners, marine information broadcasts, and facsimile
broadcasts may be made for these events, beginning 24 to 48 hours before
the event is scheduled to begin, to notify the public.
(c) Enforcement period. The safety zones in paragraph (a) of this
section will be enforced from 5:30 p.m. to 1 a.m. each day a barge with
a ``FIREWORKS--DANGER--STAY AWAY'' sign on the port and starboard side
is on-scene or a ``FIREWORKS--DANGER--STAY AWAY'' sign is posted on
land, in a location listed in paragraph (a) of this section. Vessels may
not enter, remain in, or transit through the safety zones during these
enforcement periods unless authorized by the Captain of the Port or
designated Coast Guard patrol personnel on scene.
(d) Regulations. (1) The general regulations contained in 33 CFR
165.23 apply.
(2) All persons and vessels shall comply with the instructions of
the Coast Guard Captain of the Port or the designated on-scene-patrol
personnel. Those personnel are compromised of commissioned, warrant, and
petty officers of the Coast Guard. Other Federal, State and local
agencies may assist these personnel in the enforcement of the safety
zone. Upon being hailed by the U.S. Coast Guard vessel by siren, radio,
flashing light or other means, the operator of a vessel shall proceed as
directed.
(e) Definitions.
Captain of the Port means any Coast Guard commissioned, warrant or
petty officer who has been authorized by the Captain of the Port to act
on his or her behalf.
State or local law enforcement officers mean any State or local
government law enforcement officer who has the authority to enforce
State criminal laws.
[CGD05-05-013, 70 FR 24958, May 12, 2005]
Sec. 165.510 Delaware Bay and River, Salem River, Christina River and
Schuylkill River-Regulated Navigation Area.
(a) Regulated Navigation Area. The following is a Regulated
Navigation Area: The navigable waters of Delaware Bay and River, Salem
River, Christina River, and Schuylkill River, in an area bounded on the
south by a line drawn across the entrance to the Delaware Bay between
Cape May Light and Harbor of Refuge Light and then continuing to the
northernmost extremity of Cape Henlopen, and bounded on the north by a
line drawn across the Delaware River between Trenton, NJ and
Morrisville, PA along the southern side of the U.S. Route 1 Bridge.
(b) Definitions. As used in this section:
COTP means the Captain of the Port, Philadelphia, PA and any Coast
Guard commissioned, warrant or petty officer who has been authorized by
the COTP to act on his or her behalf.
Dangerous Cargo means those cargoes listed in Sec. 160.203 of this
chapter when carried in bulk, but does not include cargoes listed in
Table 1 of 46 CFR part 153.
Underway means that a vessel is not at anchor, made fast to the
shore, or aground.
(c) Applicability. This section applies to any vessel operating
within the Regulated Navigation Area, including a naval or public
vessel, except a vessel engaged in:
(1) Law enforcement;
(2) Servicing aids to navigation; or
(3) Surveying, maintaining, or improving waters within the Regulated
Navigation Area.
(d) Draft limitation. Unless otherwise authorized by the COTP, no
vessel with a draft greater than 55 feet may enter this regulated
navigation area.
[[Page 684]]
Note: The project depth in many areas of the Regulated Navigation
Area is less than 55 feet.
(e) Oil transfer operations. Unless otherwise authorized by the
COTP, no vessel to vessel oil transfer operations, excluding bunkering,
may be conducted within the area between the southern boundary of this
regulated navigation area and the southern span of the Delaware Memorial
Bridge except within the anchorage ground designated in 110.157(a)(1) of
this chapter.
(f) Requirements for vessels carrying dangerous cargoes. The master,
owner, or operator of a vessel carrying a dangerous cargo shall:
(1) Notify the COTP at least 72 hours before the vessel enters or
departs the regulated navigation area and at least 12 hours before the
vessel moves within the regulated navigation area. The notice must
include a report of the vessel's propulsion and machinery status and,
for foreign flag vessels, the notice must include any outstanding
deficiencies identified by the vessel's flag state or classification
society;
(2) Not enter, get or remain underway within the regulated
navigation area if visibility is or is expected to be less than two (2)
miles. If during the transit visibility becomes less than two (2) miles,
the vessel must seek safe anchorage and notify the COTP immediately;
(3) Not anchor in any area within the regulated navigation area
unless in times of emergency or with COTP permission;
(4) Not transfer dangerous cargo while the vessel is at anchor or
bunkering;
(5) Maintain a manned watch in the steering compartment whenever the
vessel is underway within the regulated navigation area unless the
vessel has two separate and independent steering control systems with
duplicate pilothouse steering gear control systems which meet the
requirements of 46 CFR 58.25-70;
(6) When anchored within the regulated navigation area and:
(i) Sustained winds are greater than 25 knots but less than 40
knots, ensure the main engines are ready to provide full power in five
minutes or less; and
(ii) Sustained winds are 40 knots or over, ensure that the main
engines are on line to immediately provide propulsion;
(7) While moored within the regulated navigation area, ensure that
at least two wire cable mooring lines (firewarps) are rigged and ready
for use as emergency towing hookups fore and aft on the outboard side of
the vessel;
(8) While underway or anchored within the regulated navigation area,
ensure that at least two wire cable mooring lines (firewarps) are rigged
and ready for use as emergency towing hookups fore and aft on the
vessel; and,
(9) Proceed as directed by the COTP.
(g) Requirements for vessels operating in the vicinity of a vessel
carrying dangerous cargoes. (1) Except for a vessel that is attending a
vessel carrying dangerous cargo with permission from the master of the
vessel carrying dangerous cargo or a vessel that is anchored or moored
at a marina, wharf, or pier, and which remains moored or at anchor, no
vessel may, without the permission of the COTP:
(i) Come or remain within 500 yards of the port or starboard side or
within 1,000 yards of the bow or stern of an underway vessel that is
carrying dangerous cargo; or
(ii) Come or remain within 100 yards of a moored or anchored vessel
carrying dangerous cargo.
(2) The master, owner, or operator of any vessel receiving
permission under paragraph (g)(1) of this section shall:
(i) Maintain a continuous radio guard on VHF-FM channels 13 and 16;
(ii) Operate at ``no wake'' speed or the minimum speed needed to
maintain steerage; and
(iii) Proceed as directed by the COTP.
(3) No vessel may overtake a vessel carrying dangerous cargoes
unless the overtaking can be completed before reaching any bend in the
channel. Before any overtaking, the pilots, masters or operators of both
the overtaking vessel and the vessel being overtaken must clearly agree
on the circumstances of the overtaking, including vessel speeds, time
and location of overtaking.
[[Page 685]]
(h) Additional restrictions above the C&D Canal. When operating on
the Delaware River above the C&D Canal:
(1) A vessel carrying dangerous cargo must be escorted by at least
one commercial tug; and
(2) Meeting situations shall be avoided on river bends to the
maximum extent possible.
(i) The COTP will issue a Broadcast Notice to Mariners to inform the
marine community of scheduled vessel movements during which the
restrictions imposed by paragraphs (g) and (h) of this section will be
in effect.
[CGD 05-96-010, 62 FR 40275, July 28, 1997, as amended by USCG-2000-
7223, 65 FR 40058, June 29, 2000]
Sec. 165.511 Security Zone; Atlantic Ocean, Chesapeake & Delaware
Canal, Delaware Bay, Delaware River and its tributaries.
(a) Location. A 500-yard radius around escorted passenger vessels in
the Captain of the Port, Philadelphia zone as defined in 33 CFR 3.25-05.
(b) Regulations. (1) All persons are required to comply with the
general regulations governing security zones in Sec. 165.33 of this
part.
(2) All persons or vessels operating at the minimum safe speed
necessary to maintain navigation may transit within 500 yards of an
escorted passenger vessel without the permission of the Captain of the
Port Philadelphia, PA or designated representative while the escorted
passenger vessel is in the Captain of the Port Philadelphia zone.
(3) No person or vessel may transit or remain within 100 yards of an
escorted passenger vessel without the permission of the Captain of the
Port Philadelphia, PA or designated representative while the passenger
vessel is in the Captain of the Port Philadelphia zone.
(4) Any person or vessel authorized to enter the security zone must
operate in strict conformance with any directions given by the Captain
of the Port Philadelphia, PA or designated representative and leave the
security zone immediately if the Captain of the Port Philadelphia, PA or
designated representative so orders.
(5) When an escorted passenger vessel approaches within 100 yards of
any vessel that is moored or anchored, the stationary vessel must stay
moored or anchored while it remains within 100 yards of the passenger
vessel unless it is either ordered by or given permission by the Captain
of the Port, Philadelphia or designated representative to do otherwise.
(6) The Coast Guard designated representative enforcing this section
can be contacted on VHF Marine Band Radio, channels 13 and 16. The
Captain of the Port can be contacted at (215) 271-4807.
(c) Maneuver-restricted vessels. When conditions permit, the Captain
of the Port or designated representative should:
(1) Permit vessels constrained by their navigational draft or
restricted in their ability to maneuver to pass within the 100 yards of
the passenger vessel in order to ensure safe passage in accordance with
the Navigation Rules as seen in 33 CFR chapter I, subchapters D and E;
and
(2) Permit vessels constrained by their navigational draft or
restricted in their ability to maneuver that must transit via a
navigable channel or waterway to pass within 100 yards of an anchored
passenger vessel.
(d) Definitions. As used in this section--
Captain of the Port means the Commanding Officer of the Coast Guard
Marine Safety Office/Group Philadelphia or any Coast Guard commissioned,
warrant, or petty officer who has been authorized by the Captain of the
Port to act as a designated representative on his behalf.
Escort means assets (surface or air) with the Coast Guard insignia
that accompany and protect the escorted vessel, armed with crew-served
weapons that are manned and ready.
Passenger Vessels means vessels greater than 100 feet in length,
over 100 gross tons that are authorized to carry 500 or more passengers,
making voyages lasting more than 24 hours, except for ferries.
[CGD05-04-047, 69 FR 56697, Sept. 22, 2004]
[[Page 686]]
Sec. 165.514 Safety Zone: Atlantic Intracoastal Waterway and connecting
waters, vicinity of Marine Corps Base Camp Lejeune, North Carolina.
(a) Location. The following area is a safety zone: All waters of the
Atlantic Intracoastal Waterway (AICW) and connecting waters, from Bogue
Sound--New River Daybeacon 58 (LLNR 39210) at approximate position
34[deg]37[min]57[sec] North, 077[deg]12[min]18[sec] West, and continuing
in the AICW southwest to Bogue Sound--New River Daybeacon 70 (LLNR
39290) at approximate position 34[deg]33[min]07[sec] North,
077[deg]20[min]30[sec] West. All coordinates reference Datum: NAD 1983.
(b) Regulations. Notwithstanding the provisions of 33 CFR
334.440(e)(2)(i), no vessel may enter the safety zone described in
paragraph (a) of this section while weapons firing exercises are in
progress, except as provided in paragraph (c) of this section or unless
permitted by the Captain of the Port (COTP) Wilmington.
(1) Red warning flags or red warning lights will be displayed on
towers located at both ends of the safety zone (Bear Creek and Cedar
Point) while firing exercises are in progress. The flags or lights will
be displayed by 8 a.m. on days where firing exercises are scheduled, and
will be removed at the end of the firing exercise.
(2) A Coast Guard or U.S. Navy vessel will patrol each end of the
safety zone to ensure the public is aware that firing exercises are in
progress and that the firing area is clear of vessel traffic before
weapons are fired.
(c) General information--(1) Announcements. The COTP Wilmington will
announce the specific times and locations of firing exercises by
Broadcast Notice to Mariners and Local Notice to Mariners. Normally,
weapons firing for each firing exercise is limited to a two nautical
mile portion of the safety zone. The COTP may issue general permission
to transit all or specified parts of the safety zone outside of the
actual firing area or if firing is temporarily stopped. This general
permission will be announced in a Local Notice to Mariners and Broadcast
Notice to Mariners.
(2) Camp Lejeune Artillery Operations. Artillery weapons firing over
the AICW from Marine Corps Base Camp Lejeune will be suspended and
vessels permitted to transit the specified 2-nautical-mile firing area
for a 1-hour period beginning at the start of each odd-numbered hour
local time (e.g., 9 a.m.; 1 p.m.). A vessel may not enter the specified
firing area unless it will be able to complete its transit of the firing
area before firing exercises are scheduled to re-start.
(3) Atlantic Ocean Naval Gunnery live fire operations. Naval gunnery
live fire operations over the AICW from off shore on the Atlantic Ocean
may be conducted for periods not to exceed 4 hours, then suspended and
vessels permitted to transmit the specified two-mile firing area for a
minimum of one hour before firing may resume. A vessel may not enter the
specified firing area unless it will be able to complete its transit of
the firing area before firing exercises are scheduled to re-start.
(d) Contact information. U.S. Navy safety vessels may be contacted
on VHF marine band radio channels 13 (156.65 MHz) and 16 (156.8 MHz).
The Captain of the Port may be contacted at the Marine Safety Office
Wilmington, NC by telephone at 1 (877) 229-0770 or (910) 770-2200.
[CGD 05-98-38, 63 FR 58636, Nov. 2, 1998, as amended by USCG-2000-7223,
65 FR 40058, June 29, 2000; CGD05-03-167, 69 FR 41946, July 13, 2004]
Sec. 165.515 Safety Zone: Cape Fear River, Wilmington, North Carolina.
(a) Location. The following area is a safety zone:
(1) The waters of the Cape Fear River bounded by a line connecting
the following points:
------------------------------------------------------------------------
Latitude Longitude
------------------------------------------------------------------------
34[deg]14[min]12[sec] N 77[deg]57[min]10[sec] W
34[deg]14[min]12[sec] N 77[deg]57[min]06[sec] W
34[deg]13[min]54[sec] N 77[deg]57[min]00[sec] W
34[deg]13[min]54[sec] N 77[deg]57[min]06[sec] W
------------------------------------------------------------------------
(2) The safety zone boundary can be described as follows: starting
at the stern of the Battleship USS NORTH CAROLINA, across the Cape Fear
River to the north end of the Coast Guard moorings, down along the east
bank of the Cape Fear River to the bow of the tug CAPTAIN JOHN TAXIS
Memorial (Chandler's Wharf), back across the
[[Page 687]]
Cape Fear River to Eagle Island, and then up along the west bank of the
Cape Fear River to the stern of the Battleship USS NORTH CAROLINA.
(b) Definitions. The designated representative of the Captain of the
Port is any Coast Guard commissioned, warrant, or petty officer who has
been authorized by the Captain of the Port, Wilmington, North Carolina
to act on his behalf.
(c) General information. The Captain of the Port and the Duty
Officer at the Marine Safety Office, Wilmington, North Carolina, can be
contacted at telephone number 1-800-325-4956. The Coast Guard Patrol
Commander and the senior boarding officer on each vessel enforcing the
safety zone can be contacted on VHF-FM channels 16 and 81.
(d) Regulation. Except for persons or vessels authorized by the
Coast Guard Patrol Commander, no person or vessel may enter or remain in
the regulated area.
(1) The operator of any vessel in the immediate vicinity of this
safety zone shall:
(i) Stop the vessel immediately upon being directed to do so by any
commissioned, warrant, or petty officer on board a vessel displaying a
Coast Guard Ensign.
(ii) Proceed as directed by any commissioned, warrant, or petty
officer on board a vessel displaying a Coast Guard Ensign.
(2) Any spectator vessel may anchor outside of the regulated area
specified in paragraph (a) of the section, but may not block a navigable
channel.
(e) Effective date. The Captain of the Port will issue a Marine
Safety Information Broadcast and a Notice to Mariners to notify the
public when this section is in effect.
[59 FR 33200, June 28, 1994, as amended by USCG-2000-7223, 65 FR 40059,
June 29, 2000]
Sec. 165.518 Security Zone; Waters of the Fifth Coast Guard District.
(a) Definitions. As used in this section--
Designated Representative means any U.S. Coast Guard commissioned,
warrant or petty officer who has been authorized by the District
Commander or local Captain of the Port (COTP), as defined in 33 CFR part
3, subpart 3.25, to act on his or her behalf.
Escorted vessel means a vessel, other than a U.S. naval vessel as
defined in Sec. 165.2015, that is accompanied by one or more Coast
Guard assets or Federal, State or local law enforcement agency assets as
listed below:
(1) Coast Guard surface or air asset displaying the Coast Guard
insignia.
(2) Coast Guard Auxiliary surface asset displaying the Coast Guard
Auxiliary insignia.
(3) State and/or local law enforcement asset displaying the
applicable agency markings and or equipment associated with the agency.
State and/or local law enforcement officers means any State or local
government law enforcement officer who has authority to enforce State
criminal laws.
(b) Location. The following area is a security zone: 500-yard radius
around escorted vessels in the navigable waters of the Fifth Coast Guard
District as defined in 33 CFR 3.25-1, from surface to bottom.
(c) Regulations. (1) No vessel may approach within 500 yards of an
escorted vessel within the navigable waters of the Fifth Coast Guard
District, unless traveling at the minimum speed necessary to navigate
safely.
(2) No vessel may enter within a 100-yard radius of an escorted
vessel within the navigable waters of the Fifth Coast Guard District,
without approval from the District Commander, Captain of the Port or
their designated representatives.
(3) Moored or anchored vessels, which are overtaken by a moving
zone, must remain stationary at their location until the escorted vessel
maneuvers at least 500 yards past.
(4) Vessels restricted in their ability to maneuver may request
permission of the District Commander, Captain of the Port or designated
representative to enter the security zone in order to ensure safe
passage in accordance with the Navigation Rules in 33 CFR chapter I,
subparts D and E.
(5) The local COTP may notify the maritime and general public by
marine information broadcast of the periods during which individual
security zones
[[Page 688]]
have been activated by providing notice in accordance with 33 CFR 165.7.
(6) When moored, a security zone around an escorted vessel may also
be enforced by Coast Guard, State or Local law enforcement personnel
shoreside.
(7) Persons desiring to transit within 100 yards of an escorted
vessel in the Fifth Coast Guard District must contact the local Captain
of the Port on VHF channel 16 (156.800 MHz), VHF channel 13 (156.650
MHz) or at telephone numbers:
Philadelphia: (215) 271-4807
Baltimore: (410) 576-2693
Hampton Roads: (757) 668-5555 or (757) 484-8192
Wilmington: (910) 772-2200 or (910) 254-1500
(8) If permission is granted to transit within 100 yards of an
escorted vessel, all persons and vessels must comply with the
instructions of the District Commander, Captain of the Port or their
designated representative.
[CGD05-04-171, 70 FR 11551, Mar. 9, 2005]
Sec. 165.530 Safety Zone: Cape Fear and Northeast Cape Fear Rivers, NC.
(a) Location. The following area is a moving safety zone during the
specified conditions: The waters of the Cape Fear and Northeast Cape
Fear Rivers for 500 yards ahead and astern, and 75 yards abeam of a
vessel carrying hazardous materials when designated by the Captain of
the Port Wilmington, North Carolina.
(b) General Information. (1) The Captain of the Port and the Duty
Officer at the Marine Safety Office, Wilmington, North Carolina, can be
contacted at telephone number 1-800-325-4956. The Coast Guard Patrol
Commander enforcing the safety zone can be contacted on VHF-FM channels
16 and 81.
(2) The Captain of the Port may authorize and designate any Coast
Guard commissioned, warrant, or petty officer to act on his behalf in
enforcing this safety zone.
(3) The Marine Safety Office Wilmington will notify the maritime
community of periods during which this safety zone will be in effect by
providing advance notice of scheduled arrivals and departures of loaded
hazardous materials vessels via a marine broadcast Notice to Mariners.
(c) Regulation. The general regulations governing safety zones
contained in Sec. 165.23 apply.
[COTP Wilmington, NC 94-004, 59 FR 42759, Aug. 19, 1994, as amended by
USCG-2000-7223, 65 FR 40059, June 29, 2000]
Sec. 165.535 Safety Zone: Atlantic Ocean, Vicinity of Cape Henlopen
State Park, Delaware.
(a) Location. The following area is a safety zone: All waters of the
Atlantic Ocean within the area bounded by a line drawn north from the
tip of Cape Henlopen located at latitude 38[deg]48.2[min] N, longitude
75[deg]05.5[min] W, to a point located at latitude 38[deg]49.4[min] N,
longitude 75[deg]05.5[min] W; thence east to a point located at latitude
38[deg]49.4[min] N, longitude 75[deg]01.4[min] W; thence south to a
point located at latitude 38[deg]43.0[min] N, longitude 75[deg]01.4[min]
W; thence west to a point on the shoreline located at latitude
38[deg]43.0[min] N, longitude 75[deg]04.5[min] W; thence north following
the shoreline, to a point located at latitude 38[deg]48.2[min] N,
longitude 75[deg]05.5[min] W. All coordinate refer to Datum: NAD 1983.
(b) Regulation. The general regulations governing safety zones
contained in Sec. 165.23 apply. Vessels may not enter the safety zone
without first obtaining permission from the Captain of the Port (COTP)
Philadelphia.
(c) Dates. This section is enforced annually on the second Saturday
in May and the following day.
(d) General information. (1) Those times during which hazardous
conditions exist inside the safety zone will be announced by Broadcast
Notice to Mariners. General permission to enter the safety zone will be
broadcast during non-hazardous times.
(2) You can gain access to the safety by calling Group Atlantic City
command center at telephone number (609) 677-2222 and on VHF channel 13
or 16.
(3) The COTP Philadelphia may authorize and designate any Coast
Guard commissioned, warrant, or petty officer to act on his behalf in
enforcing this safety zone.
[CGD05-98-043, 69 FR 28827, May 19, 2004]
[[Page 689]]
Sec. 165.540 Regulated Navigation Area; Cape Fear River, Northeast Cape
Fear River, Wilmington, North Carolina.
(a) Description of the Regulated Navigation Area (RNA). The RNA
encompasses all waters of the Cape Fear River and Northeast Cape Fear
River from the intersection of Bald Head Shoal Channel and Smith Island
Channel (centerline coordinates Latitude 33[deg]52[min]24.028[sec] N,
Longitude 78[deg]00[min]29.624[sec] W (NAD 83)) to mile 26.7 on the
Northeast Cape Fear River.
(b) Work areas. Dredging work within the RNA will be conducted in
five distinct areas: Ocean Bar II, Horseshoe Shoal, Passing Lane &
Anchorage Basin, Big Island, and the Northeast Cape Fear River. Drilling
or blasting is expected to occur within the Passing Lane & Anchorage
Basin, Big Island, and the Northeast Cape Fear River work areas. The
blast sites within the RNA, will be identified and made available to the
public through: Broadcast Notices to Mariners or Local Notices to
Mariners (Local Notices to Mariners are available on-line at
www.navcen.uscg.gov/lnm/d5/); direct contact with the control vessel on
channel 16 VHF-FM; direct contact with the contractor; or through the
Captain of the Port on VHF marine Band Radio, channels 13 and 16; or at
telephone number (910) 772-2200. In addition, dredge and blasting
companies will have a control vessel present at the site of each blast.
(c) Enforcement period. This section will be enforced during the
months of August, September, October, November, December, and January,
each year. This rule will expire on January 31, 2006.
(d) Definitions.
Active work area means a work area in which blasting, drilling, or
dredging operations are currently taking place.
Blast site means the area where explosive material is handled during
loading, including the perimeter formed by the loaded blast holes and
fifty (50) feet (15.2 meters) in all directions from loaded holes.
Blasting operations means the detonation of explosives on the river
bottom.
Captain of the Port means the Coast Guard officer designated by the
Commandant to command the Captain of the Port Zone as described in 33
CFR 3.25-20.
Control vessel means the vessel at an active work area which
coordinates operations within the active work area.
Hangfire means a blast that fails to detonate at initiation, but
detonates at a later time.
Mile means measured as nautical miles.
Misfire means a blast that fails to detonate completely after an
attempt at initiation, also the explosive material that failed to
detonate as planned.
RNA means Regulated Navigation Area.
Work area means those places within the RNA where dredging,
drilling, and blasting shall be conducted.
(e) Description of work areas in the RNA. (1) Ocean Bar II, mouth of
Cape Fear. The work area includes: Part of Bald Head Shoal Channel,
Smith Island Channel, Baldhead Caswell Channel, Southport Channel,
Battery Island Channel, Lower Swash Channel, and the majority of Snows
Marsh Channel. The downstream end of the work area (centerline
coordinates: Latitude 33[deg] 50[min]43.668[sec] N, Longitude 78[deg]
01[min]40.068[sec] W (NAD 1983)) is located southeast of Cape Fear River
Channel Lighted Buoy 8 (LL 30350), approximately 2,560 feet east of the
centerline of the existing Bald Head Shoal Channel. Upstream end of the
work area is located 1,200 feet downstream of the intersection of Snows
Marsh Channel and Horseshoe Shoal Channel at turn six (mile 6.5,
approximately 1,150 feet downstream of Cape Fear River Channel Lighted
Buoy 25 (LL 30530/39965)).
(2) Horseshoe Shoal. The work area includes: Horseshoe Shoal Channel
and part of Snows Marsh Channel. Downstream end of the work area is
located 1,200 feet downstream of the intersection of Snows Marsh Channel
and Horseshoe Shoal Channel (mile 6.5, approximately 1,150 feet
downstream of Cape Fear River Channel Lighted Buoy 25 (LL 30530/39965)).
Upstream end of the work area is located at the intersection of
Horseshoe Shoal Channel and Reaves Point Channel (mile 7.7, at about
Cape Fear River Channel Lighted Buoy 27 (LL 30550/39945)).
[[Page 690]]
(3) Big Island. The work area includes: Part of Keg Island Channel,
Lower Big Island Channel, Upper Big Island Channel, and part of Lower
Brunswick Channel. Downstream end of the work area is approximately
2,230 feet upstream of the intersection of Upper Lilliput Channel and
Keg Island Channel (mile 16.2, approximately 1,320 feet downstream of
Cape Fear River Channel Lighted Buoy 46 (LL 30765) and approximately
2,300 feet upstream of Cape Fear River Channel Lighted Buoy 44 (LL
30750)). Upstream end of the work area is approximately 2,680 feet
upstream of intersection of Upper Big Island Channel and Lower Brunswick
Channel (mile 18.7, approximately 1,620 feet upstream of Cape Fear River
Channel Lighted Buoy 56 (LL 30830) and approximately 590 feet downstream
of the Carolina Power & Light Company (CP&L) overhead power line
crossing).
(4) Passing Lane and Anchorage Basin. There are two separate work
areas for this contract, separated by the Big Island Contract.
(i) Passing Lane work area is located immediately downstream of the
Big Island contract work area. The work area includes: Reaves Point
Channel, Lower Midnight Channel, Upper Midnight Channel, Lilliput
Channel, and part of Keg Island Channel. Downstream end of Passing Lane
work area is the intersection of Horseshoe Shoal Channel and Reaves
Point Channel (mile 7.7, at about Cape Fear River Channel Lighted Buoy
27 (LL 30550/39945)). Upstream end of the Passing Lane work area is
approximately 2,230 feet upstream of intersection of Upper Lilliput
Channel and Keg Island Channel (mile 16.2, approximately 1,320 feet
downstream of Cape Fear River Channel Lighted Buoy 46 (LL 30765) and
approximately 2,300 feet upstream of Cape Fear River Channel Lighted
Buoy 44 (LL 30750)).
(ii) Anchorage Basin work area is located immediately upstream of
the Big Island contract work area. The work area includes: Part of Lower
Brunswick Channel, Fourth East Jetty Channel, Between Channel, and
Anchorage Basin Channel. Downstream end of Anchorage Basin work area is
approximately 2,680 feet upstream of intersection of Upper Big Island
Channel and Lower Brunswick Channel (mile 18.7, approximately 1,620 feet
upstream of Cape Fear River Channel Lighted Buoy 56 (LL 30830) and
approximately 590 feet downstream of the CP&L overhead power line
crossing). Upstream end of Anchorage Basin work area is the Cape Fear
Memorial Bridge (mile 23.6).
(5) Northeast Cape Fear River. The downstream end of the work area
is the Cape Fear Memorial Bridge (mile 23.6). Upstream end of the work
area (approximately mile 26.7) is on the Northeast Cape Fear River and
is approximately 700 feet upstream of the turning basin located opposite
Koch Sulfur Products Co. and approximately 90 feet downstream of the
submerged gas pipeline crossing.
(f) Regulations. (1) Blasting, drilling, and dredging operations
raise many safety issues for vessels transiting the RNA. All mariners
are reminded to exercise caution while transiting or operating in the
RNA.
(2) Active work areas, control vessels, and blast sites will be
identified via Broadcast Notices to Mariners or Local Notices to
Mariners. The Local Notice to Mariners is available on-line at
www.navcen.uscg.gov/lnm/d5/. Control vessels shall monitor channel 16
VHF-FM.
(3) The following requirements apply to all vessels.
(i) All vessels shall inform themselves of the active work areas
prior to entering the RNA.
(ii) All vessels shall contact and receive permission from the
control vessel for that work area before entering the active work area.
(iii) All vessels transiting an active work area shall do so at no
wake speed or the minimum speed necessary to maintain steerage.
(iv) During blasting operations all vessels are prohibited from
entering an area of 500 yards surrounding the blast site. Upon
notification of a misfire or hangfire, all vessels underway in the RNA
shall proceed to clear the active work area in which the misfire or
hangfire occurred.
(4) Vessels over 300 gross tons and tugs with tows are required to
contact the COTP 12 hours before vessel movement within the RNA.
[[Page 691]]
(5) Vessels meeting the notice of arrival requirements under 33 CFR
160.207 are encouraged to notify the COTP at least 48-hours before the
vessel enters the RNA to facilitate scheduling and minimize delays.
Updates are encouraged at least 12 hours before arriving at the RNA
boundaries. The COTP may delay entry into the RNA to accommodate other
commercial traffic.
(6) Vessels of 300 gross tons or greater shall be prohibited from
entering the RNA when they are advised that a misfire or hangfire has
occurred.
(7) For any vessel with another vessel/barge in tow transiting an
active work area, the hawser or wire length of the tow shall not exceed
275 feet, measured from the towing bit on the tug to the point where the
hawser or wire connects with the towed vessel or barge.
(8) Vessels of 300 gross tons or greater and tugs with tows, shall,
prior to entering the RNA, ensure that they have sufficient propulsion
and directional control to safely navigate the RNA under the prevailing
conditions.
(9) Vessels of 300 gross tons or greater and tugs with tows are
prohibited from meeting or overtaking vessels of 300 gross tons or
greater or tugs with tows in active work areas or within one nautical
mile of an active work area.
(10) The Captain of the Port, Wilmington may, upon written request,
authorize a deviation from any regulation in this section if it is found
that the proposed operations can be done safely. An application for
deviation must be received not less than 48 hours before intended
operation and must state the need and describe the proposal.
[CGD05-01-006, 66 FR 39099, July 27, 2001]
Sec. 165.552 Security Zone; Oyster Creek Generation Station, Forked
River, Ocean County, New Jersey.
(a) Location. The following area is a security zone: Starting at the
south branch of the Forked River in the vicinity of the Oyster Creek
Generation Station, bounded by a line beginning at
39[deg]49[min]12.0[sec] N, 074[deg]12[min]13.0[sec] W; thence to
39[deg]48[min]39.7[sec] N, 074[deg]12[min]0[sec] W; along the shoreline,
thence to 39[deg]48[min]40.0[sec] N, 074[deg]12[min]0.3[sec] W; thence
to 39[deg]49[min]11.8[sec] N, 074[deg]12[min]10.5[sec] W; thence back
along the shoreline to the beginning point. All coordinates reference
Datum: NAD 1983.
(b) Regulations. (1) All persons are required to comply with the
general regulations governing security zones in Sec. 165.33 of this
part.
(2) No person or vessel may enter or navigate within this security
zone unless authorized to do so by the Coast Guard or designated
representative. Any person or vessel authorized to enter the security
zones must operate in strict conformance with any directions given by
the Coast Guard or designated representative and leave the security zone
immediately if the Coast Guard or designated representative so orders.
(3) The Coast Guard or designated representative enforcing this
section can be contacted on VHF Marine Band Radio, channels 13 and 16.
The Captain of the Port can be contacted at (215) 271-4807.
(4) The Captain of the Port will notify the public of any changes in
the status of this security zone by Marine Safety Radio Broadcast on
VHF-FM marine band radio, channel 22 (157.1 MHZ).
(c) Definitions. For the purposes of this section, Captain of the
Port means the Commanding Officer of the Coast Guard Marine Safety
Office/Group Philadelphia, or any Coast Guard commissioned, warrant, or
petty officer who has been authorized by the Captain of the Port to act
as a designated representative on his behalf.
[CGD05-03-111, 69 FR 5284, Feb. 4, 2004]
Sec. 165.553 Security Zone; Salem and Hope Creek Generation Stations,
Delaware River, Salem County, New Jersey.
(a) Location. The following area is a security zone: the waters of
the Delaware River in the vicinity of the Salem and Hope Creek
Generation Stations bounded by a line drawn from a point located at
39[deg]28[min]08.0[sec] N, 075[deg]32[min]31.7[sec] W to
39[deg]28[min]06.5[sec] N, 075[deg]32[min]47.4[sec] W, thence to
39[deg]27[min]28.4[sec] N, 075[deg]32[min]15.8[sec] W, thence to
39[deg]27[min]28.8[sec] N, 075[deg]31[min]56.6[sec] W, thence to
39[deg]27[min]39.9[sec] N, 075[deg]31[min]51.6[sec] W, thence along the
shoreline to the point of 39[deg]28[min]08.0[sec] N,
075[deg]32[min]31.7[sec] W. All coordinates reference Datum: NAD 1983.
[[Page 692]]
(b) Regulations. (1) All persons are required to comply with the
general regulations governing security zones in Sec. 165.33 of this
part.
(2) No person or vessel may enter or navigate within this security
zone unless authorized to do so by the Coast Guard or designated
representative. Any person or vessel authorized to enter the security
zones must operate in strict conformance with any directions given by
the Coast Guard or designated representative and leave the security zone
immediately if the Coast Guard or designated representative so orders.
(3) The Coast Guard or designated representative enforcing this
section can be contacted on VHF Marine Band Radio, channels 13 and 16.
The Captain of the Port can be contacted at (215) 271-4807.
(4) The Captain of the Port will notify the public of any changes in
the status of this security zone by Marine Safety Radio Broadcast on
VHF-FM marine band radio, channel 22 (157.1 MHZ).
(c) Definitions. For the purposes of this section, Captain of the
Port means the Commanding Officer of the Coast Guard Marine Safety
Office/Group Philadelphia, or any Coast Guard commissioned, warrant, or
petty officer who has been authorized by the Captain of the Port to act
as a designated representative on his behalf.
[CGD05-03-113, 69 FR 5279, Feb. 4, 2004]
Sec. 165.554 Security Zone; Three Mile Island Generating Station,
Susquehanna River, Dauphin County, Pennsylvania.
(a) Location. The following area is a security zone: the waters of
the Susquehanna River in the vicinity of the Three Mile Island
Generating Station bounded by a line beginning at
40[deg]09[min]14.74[sec] N, 076[deg]43[min]40.77[sec] W; thence to
40[deg]09[min]14.74[sec] N, 076[deg]43[min]42.22[sec] W, thence to
40[deg]09[min]16.67[sec] N, 076[deg]43[min]42.22[sec] W, thence to
40[deg]09[min]16.67[sec] N, 076[deg]43[min]40.77[sec] W; thence back to
the beginning point 40[deg]09[min]14.74[sec] N,
076[deg]43[min]40.77[sec] W. All coordinates reference Datum: NAD 1983.
(b) Regulations. (1) All persons are required to comply with the
general regulations governing security zones in Sec. 165.33 of this
part.
(2) No person or vessel may enter or navigate within this security
zone unless authorized to do so by the Coast Guard or designated
representative. Any person or vessel authorized to enter the security
zone must operate in strict conformance with any directions given by the
Coast Guard or designated representative and leave the security zone
immediately if the Coast Guard or designated representative so orders.
(3) The Coast Guard or designated representative enforcing this
section can be contacted on VHF Marine Band Radio, channels 13 and 16.
The Captain of the Port can be contacted at (215) 271-4807. The Security
Manager at Three Mile Island can be contacted at (717) 948-8208 or (717)
948-8039.
(4) The Captain of the Port will notify the public of any changes in
the status of this security zone by Marine Safety Radio Broadcast on
VHF-FM marine band radio, channel 22 (157.1 MHZ).
(c) Definitions. For the purposes of this section, Captain of the
Port means the Commanding Officer of the Coast Guard Marine Safety
Office/Group Philadelphia, Coast Guard commissioned, warrant, or petty
officer who has been authorized by the Captain of the Port to act as a
designated representative on his behalf.
[CGD05-03-116, 69 FR 46103, Aug. 2, 2004]
Seventh Coast Guard District
Sec. 165.T07-042 Security Zone; HOVENSA Refinery, St. Croix, U.S.
Virgin Islands.
(a) Location. The following area is a security zone: All waters from
surface to bottom, encompassed within a line connecting the following
coordinates:17[deg]41[min]31[sec] N, 64[deg]45[min]09[sec] W, to
17[deg]39[min]36[sec] N, 64[deg]44[min]12[sec] W, to
17[deg]40[min]00[sec] N, 64[deg]43[min]36[sec] W, to
17[deg]41[min]48[sec] N, 64[deg]44[min]25[sec] W, and then back to the
point of origin.
(b) Regulations. In accordance with the general regulations in Sec.
165.33 of this part, with the exception of vessels that have an arrival
scheduled with the HOVENSA Facility, no vessel may enter the regulated
area unless specifically authorized by the Captain of the Port (COTP)
San Juan or a Coast Guard commissioned, warrant, or petty officer
designated by COTP San Juan.
[[Page 693]]
The Captain of the Port will notify the public of any changes in the
status of this zone by Marine Safety Radio Broadcast on VHF Marine Band
Radio, Channel 16 (156.8 Mhz). The Captain of the Port San Juan can be
reached on VHF Marine Band Radio, Channel 16 (156.8 Mhz) or by calling
(787) 289-2040, 24-hours-a-day, 7-days-a-week. The HOVENSA Facility Port
Captain can be reached on VHF Marine Band Radio channel 11 (156.6 Mhz)
or by calling (340) 692-3488, 24-hours-a-day, 7-days-a-week.
(c) Dates. This section is effective from May 15, 2005, until
November 15, 2005.
[CGD07-05-042, 70 FR 29201, May 20, 2005]
Effective Date Note: By CGD07-05-042, 70 FR 29201, May 20, 2005,
Sec. 165.T07-042 was added, effective May 15, 2005 until Nov. 15, 2005.
Sec. 165.T07-146 Regulated Navigation Area, San Carlos Bay, Florida.
(a) Regulated Area. The following area is a regulated navigation
area (RNA): the waters bounded by the following points: NW Corner:
26[deg]28[min]59[sec] N, 082[deg]00[min]54[sec] W; NE Corner:
26[deg]28[min]59[sec] N, 082[deg]00[min]52[sec] W; SE Corner:
26[deg]28[min]57[sec] N, 082[deg]00[min]51[sec] W; SW Corner:
26[deg]28[min]57[sec] N, 082[deg]00[min]53[sec] W.
(b) Regulations. (1) A vessel in the RNA established under paragraph
(a) of this section will operate at no-wake speed. Nothing in this rule
is to be construed as to negate the requirement to at all times operate
at a safe speed as provided in the Navigation Rules and Regulations.
(2) A one-way traffic scheme is established. Vessel traffic may
proceed in one direction at a time through the RNA. Overtaking is
prohibited.
(3) Tugs with barges must be arranged in a push-ahead configuration
with the barges made up in tandem. Tugs must be of adequate horsepower
to maneuver the barges. Tug and barge traffic may transit the RNA at
slack water only.
(4) Stern tows are prohibited except for assistance towing vessels,
subject to conditions. Side tows are authorized. Assistance towing
vessels may conduct stern tows of disabled vessels that are less than or
equal to 30 feet in length. For vessels that are greater than 30 feet in
length, assistance towing vessels may use a towing arrangement in which
one assistance towing vessel is in the lead, towing the disabled vessel,
and another assistance towing vessel is astern of the disabled vessel.
All assistance towing vessels operating within the regulated navigation
area must be of adequate horsepower to maneuver the vessel under tow and
the transit must be at slack water only.
(c) Definitions. The following definitions apply to this section:
Assistance towing means assistance provided to disabled vessels.
Assistance towing vessels means commercially registered or
documented vessels that have been specially equipped to provide
commercial services in the marine assistance industry.
Disabled vessel means a vessel, which while being operated, has been
rendered incapable of proceeding under its own power and is in need of
assistance.
Overtaking means a vessel shall be deemed to be overtaking when
coming up with another vessel from a direction more than 22.5 degrees
abaft her beam, that is, in such a position with reference to the vessel
she is overtaking, that at night she would be able to see only the stern
light of the vessel but neither of her sidelights.
Slack water means the state of a tidal current when its speed is
near zero, especially the moment when a reversing current changes
direction and its speed is zero. The term also is applied to the entire
period of low speed near the time of turning of the current when it is
too weak to be of any practical importance in navigation.
Vessel means every description of watercraft, including non-
displacement craft and seaplanes, used or capable of being used as a
means of transportation on the water.
(d) Violations. Persons in violation of these regulations will be
subject to civil penalty under 33 U.S.C. 1232 of this part, to include a
maximum civil penalty of $32,500 per violation.
(e) Effective period. This section is effective from 11:59 p.m. on
November 28, 2004, until 8 a.m. on November 28, 2005.
[CGD07-04-146, 69 FR 70376, Dec. 6, 2004]
Effective Date Note: By CGD07-04-146, 69 FR 70376, Dec. 6, 2004,
Sec. 165.T07-146 was added,
[[Page 694]]
effective from 11:59 p.m. on November 28, 2004, until 8 a.m. on November
28, 2005.
Sec. 165.701 Vicinity, Kennedy Space Center, Merritt Island,
Florida--security zone.
(a) The water, land, and land and water within the following
boundaries are a security zone--The perimeter of the Cape Canaveral
Barge Canal and the Banana River at 28[deg]24[min]33[sec] N.,
80[deg]39[min]48[sec] W.; then due west along the northern shoreline of
the barge canal for 1,300 yards; then due north to 28[deg]28[min]42[sec]
N., 80[deg]40[min]30[sec] W., on Merritt Island. From this position, the
line proceeds irregularly to the eastern shoreline of the Indian River
to a position 1,300 yards south of the NASA Causeway at
28[deg]30[min]54[sec] N., 80[deg]43[min]42[sec] W. (the line from the
barge canal to the eastern shoreline of the Indian River is marked by a
three-strand barbed-wire fence), then north along the shoreline of the
Indian River to the NASA Causeway at 28[deg]31[min]30[sec] N.,
80[deg]43[min]48[sec] W. The line continues west on the southern
shoreline of the NASA Causeway to NASA Gate 3 (permanent), then north to
the northern shoreline of the NASA Causeway and east on the northern
shoreline of the causeway back to the shoreline on Merritt Island at
position 28[deg]31[min]36[sec] N., 80[deg]43[min]42[sec] W., then
northwest along the shoreline to 28[deg]41[min]01.2[sec] N.,
80[deg]47[min]10.2[sec] W. (Blackpoint); then due north to channel
marker 6 on the Intracoastal Waterway (ICW), then northeast
along the southern edge of the ICW to the western entrance to the
Haulover Canal. From this point, the line continues northeast along the
southern edge of the Haulover Canal to the eastern entrance to the
canal; then due east to a point in the Atlantic Ocean 3 miles offshore
at 28[deg]44[min]42[sec] N., 80[deg]37[min]51[sec] W.; then south along
a line 3 miles from the coast to Wreck Buoy ``WR6'', then to Port
Canaveral Channel Lighted Buoy 10, then west along the northern edge of
the Port Canaveral Channel to the northeast corner of the intersection
of the Cape Canaveral Barge Canal and the ICW in the Banana River at
28[deg]24[min]36[sec] N., 80[deg]38[min]42[sec] W. The line continues
north along the east side of the Intracoastal Waterway to daymarker `35'
thence North Westerly one quarter of a mile south of NASA Causeway East
(Orsino Causeway) to the shoreline on Merritt Island at position
28[deg]30.95[min] N., 80[deg]37.6[min] W., then south along the
shoreline to the starting point.
(b) The area described in paragraph (a) of this section is closed to
all vessels and persons, except those vessels and persons authorized by
the Commander, Seventh Coast Guard District, or the COTP Jacksonville,
Florida, whenever space vehicles are to be launched by the United States
Government from Cape Canaveral.
(c) COTP Jacksonville, Florida, closes the security zone, or
specific portions of it, by means of locally promulgated notices. The
closing of the area is signified by the display of a red ball from a 90-
foot pole near the shoreline at approximately 28[deg]35[min]00[sec] N.,
80[deg]34[min]36[sec] W., and from a 90-foot pole near the shoreline at
approximately 28[deg]25[min]18[sec] N., 80[deg]35[min]00[sec] W.
Appropriate Local Notices to Mariners will also be broadcast on 2670
KHZ.
[CGD 79-034, 47 FR 29660, July 8, 1982, as amended by CGD 7-82-10, 48 FR
11696, Mar. 21, 1983; USCG-1998-3799, 63 FR 35532, June 30, 1998]
Sec. 165.703 Tampa Bay, Florida--Safety Zone.
(a) A floating safety zone is established consisting of an area 1000
yards fore and aft of a loaded anhydrous ammonia vessel and the width of
the channel in the following areas:
(1) For inbound tank vessels loaded with anhydrous ammonia, Tampa
Bay Cut ``F'' Channel from Lighted Buoys ``3F'' and ``4F'' north through
and including Gadsden Point Cut Lighted Buoy ``3'' and commencing at
Gadsden Point Cut Lighted Buoys ``7'' and ``8'' north and including
Hillsborough Cut ``C'' Channel.
(i) For vessels bound for R. E. Knight Pier at Hookers Point the
safety zone includes, in addition to the area in paragraph (a)(1) of
this section, Hillsborough Cut ``D'' Channel to the southern tip of
Harbor Island.
(ii) For vessels bound for the anhydrous ammonia receiving terminals
to Port Sutton the safety zone includes, in addition to the area in
paragraph (a)(1) of this section, Port Sutton Channel.
(2) For outbound tank vessels loaded with anhydrous ammonia the
safety
[[Page 695]]
zone is established when the vessel departs the receiving terminal and
continues through the area described in paragraph (a)(1) of this
section.
(3) The floating safety zone is disestablished when the anhydrous
ammonia carrier is safely moored at the anhydrous ammonia receiving
facility.
(b) All vessels over 5000 gross tons intending to pass anhydrous
ammonia vessels moored in Port Sutton, and all vessels intending to moor
in the R. E. Knight facilities at Hookers Point while an anhydrous
ammonia vessel is moored in this facility, must give 30 minutes notice
to the anhydrous ammonia vessel so it may take appropriate safety
precautions.
(c) The general regulations governing safety zones contained in
Sec. 165.23 apply.
(d) The Marine Safety Office Tampa will notify the maritime
community of periods during which these safety zones will be in effect
by providing advance notice of scheduled arrivals and departures of
loaded anhydrous ammonia vessels via a marine broadcast Notice to
Mariners.
(e) Should the actual time of entry of the anhydrous ammonia vessel
into the safety zone vary more than one half hour from the scheduled
time stated in the broadcast Notice to Mariners, the person directing
the movement of the anhydrous ammonia vessel shall obtain permission
from Captain of the Port Tampa before commencing the transit.
(f) Prior to commencing the movement, the person directing the
movement of the anhydrous ammonia vessel shall make a security broadcast
to advise mariners of the intended transit. All additional security
broadcasts as recommended by the U.S. Coast Pilot 5, ATLANTIC COAST
shall be made through the transit.
(g) Vessels carrying anhydrous ammonia are permitted to enter and
transit Tampa and Hillsborough Bay and approaches only with a minimum of
three miles visibility.
(h) The Captain of the Port Tampa may waive any of the requirements
of this subpart for any vessel upon finding that the vessel or class of
vessel, operational conditions, or other circumstances are such that
application of this subpart is unnecessary or impractical for purposes
of port safety or environmental safety.
(i) The owner, master, agent or person in charge of a vessel or
barge, loaded with anhydrous ammonia shall report the following
information to the Captain of the Port, Tampa at least twenty-four hours
before entering Tampa Bay or its approaches or departing from Tampa Bay:
(1) Name and country of registry of the vessel or barge;
(2) The name of the port or place of departure;
(3) The name of the port or place of destination:
(4) The estimated time that the vessel is expected to begin its
transit of Tampa Bay and the time it is expected to commence its transit
of the safety zone.
(5) The cargo carried and amount.
[CGD7-85-32, 51 FR 28382, Aug. 7, 1986 as amended by CGD07-87-07, 52 FR
31763, Aug. 24, 1987; 65 FR 9221, Feb. 24, 2000]
Sec. 165.704 Safety Zone; Tampa Bay, Florida.
(a) A floating safety zone is established consisting of an area 1000
yards fore and aft of a loaded Liquefied Petroleum Gas (LPG) vessel and
the width of the channel in the following areas. Any vessels desiring to
enter the safety zone must obtain authorization from the Captain of the
Port Tampa.
(1) For vessels loaded with LPG and bound for the LPG receiving
terminal in Port Sutton the safety zone starts at Tampa Bay Cut ``F''
Channel from Lighted Buoys ``3F'' and ``4F'' and proceeds north ending
at Gadsden Point Cut Lighted Buoys ``3'' and ``4''. The safety zone
starts again at Gadsden Point Cut Lighted Buoys ``7'' and ``8'' and
proceeds north through Hillsborough Cut ``C'', Port Sutton Entrance
Channel, and ends at the Port Sutton LPG facility.
(2) For vessels loaded with LPG and bound for the LPG receiving
terminal in Rattlesnake the safety zone starts at Tampa Bay Cut ``J''
Channel from lighted buoy ``10J'' and proceeds north through Tampa Bay
Cut ``K'' Channel to buoy ``11K.'' When a loaded LPG vessel departs the
marked channel at Tampa Bay Cut ``K'' buoy ``11K'' enroute to
Rattlesnake, Tampa, FL,
[[Page 696]]
the floating safety zone extends 500 yards in all directions surrounding
the loaded LPG vessel, until it arrives at the entrance to Rattlesnake.
While the loaded LPG vessel is maneuvering in the Rattlesnake slip and
until it is safely moored at the LPG facility, the floating safety zone
extends 150 feet fore and aft of the loaded LPG vessel and the width of
the slip. Moored vessels are allowed within the parameters of the 150-
foot safety zone.
(b) The floating safety zone is disestablished when the LPG carrier
is safely moored at the LPG receiving facility.
(c) For outbound tank vessels loaded with LPG, the safety zone is
established when the vessel departs the terminal and continues through
the area described in paragraph (a) of this section.
(d) All vessels over 5000 gross tons intending to pass LPG vessels
moored in Port Sutton, and all vessels intending to pass LPG vessels
moored in Rattlesnake, must give 30 minutes notice to the LPG vessel so
it may take appropriate safety precautions.
(e) The general regulations governing safety zones contained in
Sec. 165.23 apply.
(f) The Coast Guard Captain of the Port Tampa will notify the
maritime community of periods during which these safety zones will be in
effect by providing advance notice of scheduled arrivals and departures
of loaded LPG vessels via a marine broadcast Notice to Mariners.
(g) Should the actual time of entry of the LPG vessel into the
safety zone vary more than one half (\1/2\) hour from the scheduled time
stated in the broadcast Notice to Mariners, the person directing the
movement of the LPG vessel shall obtain permission from Captain of the
Port Tampa before commencing the transit.
(h) Prior to commencing the movement, the person directing the
movement of the LPG vessel shall make a security broadcast to advise
mariners of the intended transit. All additional security broadcasts as
recommended by the U.S. Coast Pilot 5, ATLANTIC COAST, shall be made
throughout the transit.
(i) Vessels carrying LPG are permitted to enter and transit Tampa
Bay and Hillsborough Bay and approaches only with a minimum of three
miles visibility.
(j) The Captain of the Port Tampa may waive any of the requirements
of this subpart for any vessel upon finding that the vessel or class of
vessel, operational conditions, or other circumstances are such that
application of this subpart is unnecessary or impractical for purposes
of port safety or environmental safety.
(k) The owner, master, agent or person in charge of a vessel or
barge, loaded with LPG shall report, at a minimum, the following
information to the Captain of the Port Tampa at least twenty-four (24)
hours before entering Tampa Bay, its approaches, or departing Tampa Bay:
(1) The name and country of registry of the vessel or barge;
(2) The name of the port or place of departure;
(3) The name of the port or place of destination;
(4) The estimated time that the vessel is expected to begin its
transit of Tampa Bay and the time it is expected to commence its transit
of the safety zone(s); and
(5) The cargo carried and amount.
[COTP Tampa 00-054, 66 FR 14489, Mar. 13, 2001]
Sec. 165.T0704 Safety Zone: Savannah River, Savannah, Georgia.
(a) Location. The following area is a safety zone: Two hundred foot
radius around Garden City Terminal, approximate position 32 degrees 8
minutes, N, 81 degrees 9.5 minutes W, and around all cargo ships loaded
with military equipment and transiting the Savannah River.
(b) Effective dates. This regulation becomes effective at 12 p.m. 14
December 1990 until terminated by the Captain of the Port, Savannah, GA.
(c) Regulation. In accordance with the general regulations in Sec.
165.23 of this part, entry into the zone is subject to the following
requirements.
(1) All persons and vessels in the vicinity of the safety zone shall
immediately obey any direction or order of the Captain of the Port or a
representative of the Captain of the Port.
[[Page 697]]
(2) The ``representative of the Captain of the Port'' is any Coast
Guard commissioned, warrant or petty officer who has been designated by
the Captain of the Port, Savannah, GA to act on his behalf. A
representative of the Captain of the Port may be contacted on board any
Coast Guard vessel assigned to enforce the safety zone.
(3) Before entering the safety zone, a vessel operator shall contact
the Captain of the Port or a representative of the Captain of the Port
to determine what restrictions, if any, have been imposed on vessels in
the safety zone. The Captain of the Port may be contacted by telephone
via the Command Duty Officer at (912) 944-4371. Coast Guard vessels
assisting in the enforcement of the safety zone may be contacted on VHF-
FM channels 13 or 16, or vessel operators may determine restrictions in
effect for the safety zone by coming alongside a Coast Guard vessel
patrolling the perimeter of the safety zone.
(4) The Captain of the Port will issue a Marine Safety Information
Broadcast Notice to Mariners to Notify the maritime community of the
safety zone and restrictions imposed.
[Reg. 90-129, 55 FR 52272, Dec. 21, 1990]
Effective Date Note: At 55 FR 52272, Dec. 21, 1990, Sec. 165.T0704
was added. This is an emergency temporary rule and will remain in effect
until terminated by the Captain of the Port Savannah, GA.
Sec. 165.705 Port Canaveral Harbor, Cape Canaveral, Florida.
(a) Security Zone A--East (Trident) Basin, Port Canaveral Harbor, at
Cape Canaveral Air Force Station, Brevard County, Florida. All waters of
the East Basin north of latitude 28[deg]24[min]36[sec] N.
(b) Security Zone B--Middle Basin, Port Canaveral Harbor, adjacent
to the Navy wharf at Cape Canaveral Air Force Station, Brevard County,
Florida. The waters of Port Canaveral Harbor within a line
circumscribing the water approaches to the Navy wharf along the
northeasterly edge of the Port Canaveral Harbor turning basin at a
distance of 200 feet from all portions of the wharf including the
dolphins located 200 feet off the northwest end and 75 feet off the
southeast end of the wharf.
(c) Entrance into these zones by vessels other than vessels owned or
leased by the United States is prohibited without permission of the
Captain of the Port, Jacksonville, Florida.
(d) The general regulations governing security zones contained in 33
CFR 165.33 apply.
[CGD7 87-38, 53 FR 38718, Oct. 3, 1988; CGD7 87-38, 54 FR 611, Jan. 9,
1989; CGD7 89-21, 54 FR 26198, June 22, 1989]
Sec. 165.708 Safety/Security Zone; Charleston Harbor and Cooper River,
Charleston, SC.
(a) Regulated Area. The following boundaries are established as a
safety and security zone during specified conditions:
(1) All waters 200 yards ahead and astern and 100 yards to each side
of a vessel transporting nuclear materials while the vessel transits
from Charleston Harbor Entrance Buoy ``C'' (LLNR 1885, position 32-
39.6N, 079-40.9W) to the Charleston Naval Weapons Station (position 32-
55.4N, 079-56.0W) on the Cooper River. All coordinates referenced use
datum: NAD 1983.
(2) All waters within 100 yards of the vessel described in paragraph
(a)(1) of this section while the vessel is conducting cargo operations
at the Charleston Naval Weapons Station.
(b) Captain of the Port Charleston will announce the activation of
the safety/security zones described in paragraph (a) of this section by
Broadcast Notice to Mariners. The general regulations governing safety
and security zones contained in Sec. Sec. 165.23 and 165.33 apply.
[COTP Charleston 96-034, 61 FR 68156, Dec. 27, 1996]
Sec. 165.711 Safety Zone: Port Everglades, Fort Lauderdale, FL.
(a) Regulated Area. A moving safety zone is established in the
following area:
(1) The waters around naval aircraft carriers entering Port
Everglades in an area 700 yards forward, 500 yards astern and 350 yards
on either side of each vessel, beginning at the Port Everglades Sea Buoy
in approximate position 26[deg]05.5[min] N, 80[deg]04.8[min] W and
continuing until the vessel is safely moored in approximate position
26[deg]04.9[min] N, 80[deg]06.9[min] W.
[[Page 698]]
All coordinates referenced use datum: NAD 83.
(2) The waters around naval aircraft carriers departing Port
Everglades in an area 700 yards forward, 500 yards astern and 350 yards
on either side of each vessel beginning at the Pier in approximate
position 26[deg]04.9[min]N, 80[deg]06.9[min]W, and continuing until the
stern passes the Port Everglades Sea Buoy, in approximate position
26[deg]05.5[min] N, 80[deg]04.8[min] W. All coordinates referenced use
datum: NAD 83.
(b) Regulations. (1) No person or vessel may enter, transit, or
remain in the safety zone unless authorized by the Captain of the Port,
Miami, Florida, or a Coast Guard commissioned, warrant, or petty officer
designated by him.
(2) Vessels encountering emergencies which require transit through
the moving safety zone should contact the Coast Guard patrol craft on
VHF Channel 16. In the event of an emergency, the Coast Guard patrol
craft may authorize a vessel to transit through the safety zone with a
Coast Guard designated escort.
(3) All persons and vessels shall comply with the instructions of
on-scene patrol personnel. On-scene patrol personnel include
commissioned, warrant, or petty officers of the U.S. Coast Guard. Coast
Guard Auxiliary and local or state officials may be present to inform
vessel operators of this regulation and other applicable laws.
[COTP MIAMI 96-054, 62 FR 32201, June 13, 1997]
Sec. 165.714 Regulated Navigation Area; Atlantic Ocean, Charleston, SC.
(a) Location. The following area is a Regulated Navigation Area: A
trapezoid at the water surface, and the entire water column from surface
to seabed inclusive of the vessel, bounded by the following four
coordinates:
------------------------------------------------------------------------
Latitude Longitude
------------------------------------------------------------------------
Western boundary............ 32[deg]42[min]56[sec 79[deg]47[min]34[sec
] N ] W
Southern boundary........... 32[deg]42[min]32[sec 79[deg]46[min]42[sec
] N ] W
Eastern boundary............ 32[deg]43[min]26[sec 79[deg]45[min]27[sec
] N ] W
Northern boundary........... 32[deg]43[min]56[sec 79[deg]46[min]08[sec
] N ] W
------------------------------------------------------------------------
(NAD 83)
(b) Regulations. In accordance with the general regulations in Sec.
165.23 of this part, all vessels and persons are prohibited from
anchoring, diving, laying cable or conducting salvage operations in this
zone except as authorized by the Captain of the Port.
[CGD 07-95-054, 60 FR 45047, Aug. 30, 1995]
Sec. 165.720 Safety/Security Zone: St. Johns River, Jacksonville, FL.
(a) Location. The water and the land within the following boundaries
are established as a safety and security zone during specified
conditions:
(1) All waters within 200 yards of Blount Island, Jacksonville,
Florida and all adjacent land within 100 yards of the island shoreline
during staging of Department of Defense equipment and during the
loading/unloading of military supply vessels.
(2) All waters within 200 yards of ``any'' waterfront facility at
which a laden military vessel is located and all land at the facility,
including docks and piers, within 100 yards of the St. Johns River.
(3) All waters within 200 yards of any specified military supply
vessel during its transit of the St. Johns River and out to three (3)
nautical miles offshore.
(b) Regulations. (1) For public notice, the zone described in
paragraph (a)(1) of this section is effective beginning 11 December 1990
and will remain in force until cancelled by the Captain of the Port
Jacksonville, Florida.
(2) The COTP Jacksonville may activate, as necessary, any portion of
the safety/security zone described in paragraphs (a)(2) and (a)(3) of
this section by means of locally promulgated broadcast notice to
mariners. Once implemented, neither overtaking nor meeting situations
will be allowed during specified vessel transits.
(3) In accordance with the general regulations governing safety and
security zones contained in 33 CFR 165.23 and 165.33 of this part, entry
into any portion of the described zone is prohibited unless authorized
by the Captain of the Port Jacksonville, Florida.
(4) This regulation does not apply to authorized law enforcement
agencies
[[Page 699]]
operating within the safety/security zone.
[COTP Jacksonville, FL Reg. 90-124, 55 FR 51700, Dec. 17, 1990]
Sec. 165.721 Safety Zone: St. Johns River, Jacksonville, FL.
(a) Location. The following area is established as a safety zone
during the specified conditions: The waters within a 500 yard radius of
the fireworks barge or barges during the storage, preparation, and
launching of fireworks in the St. Johns River between the Hart and
Acosta Bridges.
(b) Effective dates. This section becomes effective upon activation
by the Captain of the Port by the broadcasting of a local Notice to
Mariners on appropriate VHF-FM radio frequencies. It terminates at the
conclusion of the fireworks display unless terminated earlier by the
Captain of the Port.
(c) Regulations. (1) In accordance with the general regulations in
165.23 of this part, anchoring, mooring or transiting in this zone is
prohibited unless authorized by the Captain of the Port or District
Commander.
(2) This regulation does not apply to authorized law enforcement
agencies operating within the Safety Zone.
[COTP Jacksonville Reg. 94-027, 59 FR 55584, Nov. 8, 1994]
Sec. 165.722 Security Zone: St. Johns River, Jacksonville, Florida.
(a) Location. The water located within the following area is
established as a security zone: beginning at the shoreline of the St.
Johns River at the northernmost property line of Naval Air Station
Jacksonville next to Timuquana Country Club, at 30[deg]14[min]39.5[sec]
N, 81[deg]40[min]45[sec] W; thence northeasterly to
30[deg]14[min]42[sec] N, 81[deg]40[min]42[sec] W; thence south remaining
400 feet from the shoreline at mean high water; thence past Piney Point
and Black Point to the northern edge of Mulberry Cover Manatee refuge,
400 feet from Naval Air Station Jacksonville boat ramp, at
30[deg]13[min]00[sec] N, 81[deg]40[min]23.5[sec] W; thence southwesterly
in a straight line to position 30[deg]12[min]14[sec] N,
81[deg]40[min]42[sec] W; thence southerly, remaining 400[min] seaward of
the mean high water shoreline to 30[deg]11[min]40[sec] N,
81[deg]41[min]15.5[sec] W; thence northwest to the point at the end of
the property line of Naval Air Station Jacksonville just north of the
Buckman Bridge at position 30[deg]11[min]42.30[sec] N,
81[deg]41[min]23.66[sec] W; thence northeasterly along the mean high
water shoreline of the St. Johns River and Mulberry Cove to the point of
beginning. Datum: NAD 83
(b) In accordance with the general regulations in Sec. 165.33 of
this part, no person or vessel may enter or remain in the zone without
the permission of the Captain of the Port Jacksonville, Florida. All
other portions of Sec. 165.33 remain applicable.
(c) This regulation does not apply to Coast Guard vessels and
authorized law enforcement vessels operating within the Security Zone.
[COTP Jacksonville Reg. 93-115, 60 FR 65571, Dec. 20, 1995]
Sec. 165.726 Regulated Navigation Areas; Miami River, Miami, Florida.
(a) Location. The following are Regulated Navigation Areas:
(1) All the waters of the Miami River, Miami, Florida, from the
Brickell Avenue Bridge, in approximate position 25[deg]46[min]19[sec] N,
80[deg]11[min]4[sec] W, inland to the South Florida Water Management
District's salinity dam in approximate position 25[deg]48[min]4[sec] N,
80[deg]15[min]6[sec] W.
(2) The Tamiami Canal from its intersection with the Miami river in
approximate position 25[deg]47[min]7[sec] N, 80[deg]14[min]7[sec] W to
the N.W. 37th Avenue bridge in approximate position 25[deg]48[min]5[sec]
N, 80[deg]15[min]5[sec] W. All coordinates referenced use datum: NAD 83.
(b) Regulations. The restrictions in this paragraph apply to vessels
operating within the regulated navigation areas in paragraph (a) of this
section unless authorized to deviate by the Captain of the Port, Miami,
Florida, or a Coast Guard commissioned, warrant, or petty officer
designated by him.
(1) All rafted vessels (inboard and outboard) must be properly
moored in accordance with applicable municipal laws and regulations.
(2) At no time shall any vessels be rafted more than two abreast.
(3) Neither single nor rafted vessels shall extend greater than 54
feet into the main river (measured from the dock) without permission of
the Captain of the Port.
[[Page 700]]
(4) A minimum channel width of 65 feet shall be maintained at all
times on the Miami River from the Brickell Avenue Bridge west to the
Tamiami Canal. A minimum channel width of 45 feet shall be maintained at
all times on the Miami River west of the junction of the Miami River and
the Tamiami Canal to the South Florida Water Management District's
salinity dam, as well as on the Tamiami Canal from its mouth to the N.W.
37th Avenue Bridge.
(5) All moored and rafted vessels shall provide safe access from the
shore.
(6) All moored and rafted vessels shall provide clear and ready
access for land-based firefighters to safely and quickly reach outboard
rafted vessels.
(7) No vessels shall moor or raft in any manner as to impede safe
passage of another vessel to any of the tributaries of the Miami River.
(8) Nothing in these regulations shall prohibit the U.S. Army Corps
of Engineers from requiring the relocation or movement of vessels in a
declared flood emergency.
(c) Enforcement. Violations of these regulated navigation areas
should be reported to the Captain of the Port, Miami. Persons in
violation of these regulations will be subject to civil penalty under
Sec. 165.13(b) of this part.
[CGD07-97-019, 62 FR 50512, Sept. 26, 1997]
Sec. 165.728 Jacksonville, Florida--safety zones.
(a) The water, land, and land and water within the following
boundaries are established as safety zones during the specified
conditions:
(1) Zone A. 200 yards in all directions around any specified
Maritime Prepositioned Ship as it transits between the St. Johns River
entrance sea buoy (STJ) and its berth inside the Mayport Basin (Ribault
Bay), Mayport, Florida. The prescribed safety zone will also be in
effect as the vessel transits to its berth at Blount Island Marine
Terminal, Jacksonville, Florida.
(2) Zone B. 100 yards in all directions on land and 200 yards on
water from the eastern end of Transit Shed 2 to the east shore
of Alligator Creek at Blount Island Terminal, Jacksonville, Florida.
(3) Zone C: 100 yards in all directions on land from Gate berth
1 and all waters within the Back River (locally known as the
Gate Slip) on Blount Island, Jacksonville, Florida, commencing from a
line drawn between the southwesterly most shore point latitude
30[deg]23[min]34[sec], longitude 81[deg]30[min]52[sec] and the
southeasterly most shore point latitude 30[deg]23[min]38[sec], longitude
81[deg]30[min]36[sec].
(b) The areas described in paragraph (a) of this section may be
closed to all vessels and persons, except those vessels and persons
authorized by the Commander, Seventh Coast Guard District or the Captain
of the Port, Jacksonville, Florida, whenever specified Maritime
Prepositioned Ships are transiting the St. Johns River (Zone A), moored
at Blount Island (Zone B), or moored at Gate Terminal (Zone C).
(c) The general regulations governing safety zones contained in 33
CFR 165.23 apply.
(d) The Captain of the Port Jacksonville, Florida will activate the
safety zones or specific portions of them by issuing a local broadcast
notice to mariners. The closing of the area at Blount Island, described
above, will be signified by the display of a rotating yellow light
located on the waterfront at Blount Island Marine Terminal or at the
Gate Terminal Berth 1.
[CGD7 87-15, 52 FR 23442, June 22, 1987, as amended by CGD7 91-33, 56 FR
22826, May 17, 1991]
Sec. 165.729 Jacksonville Harbor, Florida--security zone.
(a) The water, land, and land and water within the following
boundaries are established as security zones during the specified
conditions:
(1) Zone A. 200 yards in all directions around any specified
Maritime Prepositioned Ship as it transits between the St. Johns River
entrance sea buoy (STJ) and its berth inside the Mayport Naval Basin
(Ribault Bay), Mayport, Florida. The prescribed security zone will also
be in effect as the vessel transits to its berth at Blount Island Marine
Terminal, Jacksonville, Florida.
(2) Zone B. 100 yards in all directions on land and 200 yards on
water from the eastern end of Transit Shed 2 to the east shore
of Alligator Creek at
[[Page 701]]
Blount Island Terminal, Jacksonville, Florida.
(3) Zone C: 100 yards in all directions on land from Gate berth
1 and all waters within the Back River (locally known as the
Gate Slip) on Blount Island, Jacksonville, Florida, commencing from a
line drawn between the southwesterly most shore point latitude
30[deg]23[min]34[sec], longitude 81[deg]30[min]52[sec] and the
southeasterly most shore point latitude 30[deg]23[min]38[sec], longitude
81[deg]30[min]36[sec].
(b) The areas described in paragraph (a) of this section shall be
closed to all vessels and persons, except those vessels and persons
authorized by the Commander, Seventh Coast Guard District or the Captain
of the Port, Jacksonville, Florida, whenever specified Maritime
Prepositioned Ships are transiting the St. Johns River (Zone A), moored
at Blount Island (Zone B), or moored at Gate Terminal (Zone C).
(c) The general regulations governing security zones contained in 33
CFR 165.33 apply.
(d) The Captain of the Port Jacksonville, Florida will activate the
security zones or specific portions of them by issuing a local broadcast
notice to mariners. The closing of the area at Blount Island, described
above, will be signified by the display of a rotating yellow light
located on the waterfront at Blount Island Marine Terminal or at the
Gate Terminal Berth 1.
[CGD7 87-16, 52 FR 23443, June 22, 1987, as amended by CGD7 91-34, 56 FR
22827, May 17, 1991]
Sec. 165.730 King's Bay, Georgia--Regulated navigation area.
Vessels transiting in the water bounded by the line connecting the
following points must travel no faster than needed for steerageway:
Latitude Longtitude
30[deg]48[min]00.0[sec] N 081[deg]29[min]24.0[sec] W
30[deg]46[min]19.5[sec] N 081[deg]29[min]17.0[sec] W
30[deg]47[min]35.0[sec] N 081[deg]30[min]16.5[sec] W
and thence to the point of beginning
[CGD7 92-41, 58 FR 38057, July 15, 1993]
Sec. 165.731 Safety/Security Zone: Cumberland Sound, Georgia and St.
Marys River Entrance Channel.
(a) Location. A permanent safety/security zone is established within
the following coordinates, the area enclosed by a line starting at
30[deg]44[min]55[sec] N, 081[deg]29[min]39[sec] W; thence to
30[deg]44[min]55[sec] N, 081[deg]29[min]18[sec] W; thence
to30[deg]46[min]35[sec] N, 081[deg]29[min]18[sec] W; thence to
30[deg]47[min]02[sec] N, 081[deg]29[min]34[sec] W; thence to
30[deg]47[min]21[sec] N, 081[deg]29[min]39[sec] W; thence
to30[deg]48[min]00[sec] N, 081[deg]29[min]42[sec] W; thence to
30[deg]49[min]07[sec] N, 081[deg]29[min]56[sec] W; thence to
30[deg]49[min]55[sec] N, 081[deg]30[min]35[sec] W; thence
to30[deg]50[min]15[sec] N, 081[deg]31[min]08[sec] W; thence to
30[deg]50[min]14[sec] N, 081[deg]31[min]30[sec] W; thence to
30[deg]49[min]58[sec] N, 081[deg]31[min]45[sec] W; thence
to30[deg]49[min]58[sec] N, 081[deg]32[min]03[sec] W; thence to
30[deg]50[min]12[sec] N, 081[deg]32[min]17[sec] W; thence following the
land based perimeter boundary to the point of origin.
(b) A temporary safety/security zone, when activated by the Captain
of the Port, Jacksonville, Florida, encompasses all waters and land from
bank to bank within Cumberland Sound and the St. Marys Entrance Channel:
the northern extent of this zone starts at the southern tip of Crab
Island; lighted buoy number [sec] 1[sec] at the mouth of the Amelia
River demarks the southern boundary; day marker number [sec] 2[sec] at
the mouth of the St. Marys River indicates the western boundary; and the
eastern boundary extends out to three (3) nautical miles in the Atlantic
Ocean, with the zone also encompassing the waters within 1000 yards of
the entrance channel east of the jetties.
(c) Regulations. (1) The Captain of the Port, Jacksonville, Florida
will activate the temporary safety/security zone described in paragraph
(b) of this section by issuing a local broadcast notice to mariners.
(2) All persons and vessels in the vicinity of the safety/security
zone shall immediately obey any direction or order of the Captain of the
Port, Jacksonville, Florida.
(3) The general regulations governing safety and security zones
contained in 33 CFR 165.23 and .33 apply. No person or vessel may enter
or remain within the designated zones without the permission of the
Captain of the Port, Jacksonville, Florida.
(4) This regulation does not apply to persons or vessels operating
under the authority of the United States Navy
[[Page 702]]
nor to authorized law enforcement agencies.
[COTP Jacksonville Reg. 90-94, 55 FR 42374, Oct. 19, 1990]
Sec. 165.752 Sparkman Channel, Tampa, Florida--regulated navigation area.
(a) A regulated navigation area is established to protect vessels
from limited water depth in Sparkman Channel caused by an underwater
pipeline. The regulated navigation area is in Sparkman Channel between
the lines connecting the following points (referenced in NAD 83):
----------------------------------------------------------------------------------------------------------------
Latitude Longitude Latitude Longitude
----------------------------------------------------------------------------------------------------------------
1:
27[deg]56[min]20.5[s 082[deg]26[min]42.0[Sec. to 27[deg]56[min]19.3[sec 82[deg]26[min]37.5[sec] W
ec] N. ] W. ] N.
2:
27[deg]55[min]32.0[s 082[deg]26[min]54.0[Sec. to 27[deg]55[min]30.9[sec 82[deg]26[min]49.1[sec] W
ec] N. ] W. ] N.
----------------------------------------------------------------------------------------------------------------
(b) Ships requiring Federal or State pilotage shall not meet or
overtake other like vessels in Sparkman Channel.
(c) Vessels having a draft of more than 35.5 feet may not transit
Sparkman Channel.
(d) Vessels having a draft of 34.5 feet, but not over 35.5 feet, may
transit Sparkman Channel only when the tide is at least one foot above
mean low water.
(e) Vessels with a draft of 30 feet or greater shall transit as near
as possible to the center of the channel.
[CGD7 90-52, 56 FR 36005, July 30, 1991, as amended by USCG-1998-3799,
63 FR 35532, June 30, 1998]
Sec. 165.753 Regulated navigation area; Tampa Bay, Florida.
(a) The following is a regulated navigation area (RNA): All the
navigable waters of Tampa Bay, Hillsborough Bay and Old Tampa Bay,
including all navigable waterways tributary thereto. Also included are
the waters of Egmont Channel, Gulf of Mexico from Tampa Bay to the
seabuoy, Tampa Lighted Whistle Buoy T, LLNR 18465.
(b) The master, pilot, or person in charge of any vessel of 50
meters or greater shall give a Navigational Advisory Broadcast in
accordance with 47 CFR 80.331 on VHF-FM channel 13 at the following
broadcast/reporting points:
(1) Prior to getting underway from any berth or anchorage;
(2) Prior to entering Egmont Channel from seaward;
(3) Prior to passing Egmont Key in any direction;
(4) Prior to transiting the Skyway Bridge in either direction;
(5) Prior to transiting the intersection of Tampa Bay Cut F Channel,
Tampa Bay Cut G Channel, and Gadsden Point Cut Channel;
(6) Prior to anchoring or approaching a berth for docking;
(7) Prior to tending hawser;
(8) Prior to transiting Point Pinellas Channel Light 1 in either
direction.
(c) Each Navigational Advisory required by this section shall be
made in the English language and will contain the following information:
(1) The words ``Hello all vessels, a Navigational Advisory
follows'';
(2) Name of vessel;
(3) If engaged in towing, the nature of the tow;
(4) Direction of Movement;
(5) Present location; and,
(6) The nature of any hazardous conditions as defined by 33 CFR
160.203.
(d) Nothing in this section shall supersede either the International
Regulations for Preventing Collisions at Sea, 1972 (72 COLREGS) or the
Inland Navigation Rules, as applicable, or relieve the Master or person
in charge of the vessel of responsibility for the safe navigation of the
vessel.
[CGD07-94-094, 60 FR 58519, Nov. 28, 1995]
Sec. 165.754 Safety Zone: San Juan Harbor, San Juan, PR.
(a) Regulated Area. A moving safety zone is established in the
following area:
[[Page 703]]
(1) The waters around Liquefied Petroleum Gas ships entering San
Juan Harbor in an area one half mile around each vessel, beginning one
mile north of the San Juan Harbor