[Title 33 CFR G]
[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]
[Part 165 - REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS]
[Subpart G - Protection of Naval Vessels]
[From the U.S. Government Printing Office]


33NAVIGATION AND NAVIGABLE WATERS22005-07-012005-07-01falseGSubpart GNAVIGATION AND NAVIGABLE WATERSCOAST GUARD, DEPARTMENT OF HOMELAND SECURITY (CONTINUED)PORTS AND WATERWAYS SAFETYREGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS
                  Subpart G_Protection of Naval Vessels

    Authority: 14 U.S.C. 91 and 633; 49 CFR 1.45.

    Source: LANT AREA-02-001, 67 FR 31960, May 13, 2002, unless 
otherwise noted.



Sec. 165.2010  Purpose.

    This subpart establishes the geographic parameters of naval vessel 
protection zones surrounding U.S. naval vessels in the navigable waters 
of the United States. This subpart also establishes when the U.S. Navy 
will take enforcement action in accordance with the statutory guidelines 
of 14 U.S.C. 91. Nothing in the rules and regulations contained in this 
subpart shall relieve any vessel, including U.S. naval vessels, from the 
observance of the Navigation Rules. The rules and regulations contained 
in this subpart supplement, but do not replace or supercede, any other 
regulation pertaining to the safety or security of U.S. naval vessels.



Sec. 165.2015  Definitions.

    The following definitions apply to this subpart:
    Atlantic Area means that area described in 33 CFR 3.04-1 Atlantic 
Area.
    Large U.S. naval vessel means any U.S. naval vessel greater than 100 
feet in length overall.
    Naval defensive sea area means those areas described in 32 CFR part 
761.
    Naval vessel protection zone is a 500-yard regulated area of water 
surrounding large U.S. naval vessels that is necessary to provide for 
the safety or security of these U.S. naval vessels.
    Navigable waters of the United States means those waters defined as 
such in 33 CFR part 2.
    Navigation rules means the Navigation Rules, International-Inland.
    Official patrol means those personnel designated and supervised by a 
senior naval officer present in command and tasked to monitor a naval 
vessel protection zone, permit entry into the zone, give legally 
enforceable orders to persons or vessels within the zone, and take other 
actions authorized by the U.S. Navy.
    Pacific Area means that area described in 33 CFR 3.04-3 Pacific 
Area.
    Restricted area means those areas established by the Army Corps of 
Engineers and set out in 33 CFR part 334.
    Senior naval officer present in command is, unless otherwise 
designated by competent authority, the senior line officer of the U.S. 
Navy on active duty, eligible for command at sea, who is present and in 
command of any part of the Department of Navy in the area.
    U.S. naval vessel means any vessel owned, operated, chartered, or 
leased by the U.S. Navy; any pre-commissioned vessel under construction 
for the U.S. Navy, once launched into the water; and any vessel under 
the operational control of the U.S. Navy or a Combatant Command.
    Vessel means every description of watercraft or other artificial 
contrivance used, or capable of being used, as a means of transportation 
on water, except U.S. Coast Guard or U.S. naval vessels.



Sec. 165.2020  Enforcement authority.

    (a) Coast Guard. Any Coast Guard commissioned, warrant or petty 
officer may enforce the rules and regulations contained in this subpart.
    (b) Senior naval officer present in command. In the navigable waters 
of the United States, when immediate action is required and 
representatives of the Coast Guard are not present or not present in 
sufficient force to exercise effective control in the vicinity of large 
U.S. naval vessels, the senior naval officer present in command is 
responsible for the enforcement of the rules and regulations contained 
in this subpart to ensure the safety and security of all large naval 
vessels present. In meeting this responsibility, the senior naval 
officer present in command may directly assist any Coast Guard 
enforcement personnel who are present.



Sec. 165.2025  Atlantic Area.

    (a) This section applies to any vessel or person in the navigable 
waters of the United States within the boundaries of the U.S. Coast 
Guard Atlantic Area, which includes the First, Fifth, Seventh, Eighth 
and Ninth U.S. Coast Guard Districts.

    Note to Sec. 165.2025 paragraph (a): The boundaries of the U.S. 
Coast Guard Atlantic

[[Page 795]]

Area and the First, Fifth, Seventh, Eighth and Ninth U.S. Coast Guard 
Districts are set out in 33 CFR part 3.

    (b) A naval vessel protection zone exists around U.S. naval vessels 
greater than 100 feet in length overall at all times in the navigable 
waters of the United States, whether the large U.S. naval vessel is 
underway, anchored, moored, or within a floating drydock, except when 
the large naval vessel is moored or anchored within a restricted area or 
within a naval defensive sea area.
    (c) The Navigation Rules shall apply at all times within a naval 
vessel protection zone.
    (d) When within a naval vessel protection zone, all vessels shall 
operate at the minimum speed necessary to maintain a safe course, unless 
required to maintain speed by the Navigation Rules, and shall proceed as 
directed by the Coast Guard, the senior naval officer present in 
command, or the official patrol. When within a naval vessel protection 
zone, no vessel or person is allowed within 100 yards of a large U.S. 
naval vessel unless authorized by the Coast Guard, the senior naval 
officer present in command, or official patrol.
    (e) To request authorization to operate within 100 yards of a large 
U.S. naval vessel, contact the Coast Guard, the senior naval officer 
present in command, or the official patrol on VHF-FM channel 16.
    (f) When conditions permit, the Coast Guard, senior naval officer 
present in command, or the official patrol should:
    (1) Give advance notice on VHF-FM channel 16 of all large U.S. naval 
vessel movements; and
    (2) Permit vessels constrained by their navigational draft or 
restricted in their ability to maneuver to pass within 100 yards of a 
large U.S. naval vessel in order to ensure a safe passage in accordance 
with the Navigation Rules; and
    (3) Permit commercial vessels anchored in a designated anchorage 
area to remain at anchor when within 100 yards of passing large U.S. 
naval vessels; and
    (4) Permit vessels that must transit via a navigable channel or 
waterway to pass within 100 yards of a moored or anchored large U.S. 
naval vessel with minimal delay consistent with security.

    Note to Sec. 165.2025 paragraph (f): The listed actions are 
discretionary and do not create any additional right to appeal or 
otherwise dispute a decision of the Coast Guard, the senior naval 
officer present in command, or the official patrol.



Sec. 165.2030  Pacific Area.

    (a) This section applies to any vessel or person in the navigable 
waters of the United States within the boundaries of the U.S. Coast 
Guard Pacific Area, which includes the Eleventh, Thirteenth, Fourteenth, 
and Seventeenth U.S. Coast Guard Districts.
    Note to paragraph (a): The boundaries of the U.S. Coast Guard 
Pacific Area and the Eleventh, Thirteenth, Fourteenth, and Seventeenth 
U.S. Coast Guard Districts are set out in 33 CFR part 3.
    (b) A naval vessel protection zone exists around U.S. naval vessels 
greater than 100 feet in length overall at all times in the navigable 
waters of the United States, whether the large U.S. naval vessel is 
underway, anchored, moored, or within a floating dry dock, except when 
the large naval vessel is moored or anchored within a restricted area or 
within a naval defensive sea area.
    (c) The Navigation Rules shall apply at all times within a naval 
vessel protection zone.
    (d) When within a naval vessel protection zone, all vessels shall 
operate at the minimum speed necessary to maintain a safe course, unless 
required to maintain speed by the Navigation Rules, and shall proceed as 
directed by the Coast Guard, the senior naval officer present in 
command, or the official patrol. When within a naval vessel protection 
zone, no vessel or person is allowed within 100 yards of a large U.S. 
naval vessel unless authorized by the Coast Guard, the senior naval 
officer present in command, or official patrol.
    (e) To request authorization to operate within 100 yards of a large 
U.S. naval vessel, contact the Coast Guard, the senior naval officer 
present in command, or the official patrol on VHF-FM channel 16.
    (f) When conditions permit, the Coast Guard, senior naval officer 
present in command, or the official patrol should:

[[Page 796]]

    (1) Give advance notice on VHF-FM channel 16 of all large U.S. naval 
vessel movements;
    (2) Permit vessels constrained by their navigational draft or 
restricted in their ability to maneuver to pass within 100 yards of a 
large U.S. naval vessel in order to ensure a safe passage in accordance 
with the Navigation Rules; and
    (3) Permit commercial vessels anchored in a designated anchorage 
area to remain at anchor when within 100 yards of passing large U.S. 
naval vessels; and
    (4) Permit vessels that must transit via a navigable channel or 
waterway to pass within 100 yards of a moored or anchored large U.S. 
naval vessel with minimal delay consistent with security.

    Note to paragraph (f): The listed actions are discretionary and do 
not create any additional right to appeal or otherwise dispute a 
decision of the Coast Guard, the senior naval officer present in 
command, or the official patrol.

[PAC AREA-02-001, 67 FR 38394, June 4, 2002]