Subchapter P—Ports and Waterways Safety

SUBCHAPTER P—PORTS AND WATERWAYS SAFETY

PART 160—PORTS AND terways Safety Act (33 U.S.C. 1221) and WATERWAYS SAFETY—GENERAL related statutes. § 160.3 Definitions. Subpart A—General For the purposes of this subchapter: Sec. Bulk means material in any quantity 160.1 Purpose. 160.3 Definitions. that is shipped, stored, or handled 160.5 Delegations. without the benefit of package, label, 160.7 Appeals. mark or count and carried in integral or fixed independent tanks. Subpart B—Control of Vessel and Facility Captain of the Port means the Coast Operations Guard officer designated by the Com- 160.101 Purpose. mandant to command a Captain of the 160.103 Applicability. Port Zone as described in part 3 of this 160.105 Compliance with orders. chapter. 160.107 Denial of entry. Commandant means the Commandant 160.109 Waterfront facility safety. of the United States Coast Guard. 160.111 Special orders applying to vessel op- Deviation means any departure from erations. 160.113 Prohibition of vessel operation and any rule in this subchapter. cargo transfers. Director, Vessel Traffic Services means 160.115 Withholding of clearance. the Coast Guard officer designated by the Commandant to command a Vessel Subpart C—Notifications of Arrival, Haz- Traffic Service (VTS) as described in ardous Conditions, and Certain Dan- part 161 of this chapter. gerous Cargoes District Commander means the Coast 160.201 General. Guard officer designated by the Com- 160.202 Applicability. mandant to command a Coast Guard 160.203 Exemptions. District as described in part 3 of this 160.204 Definitions. chapter. 160.206 Information required in an NOA. ETA means estimated time of arrival. 160.208 Changes to a submitted NOA. 160.210 Methods for submitting an NOA. Length of Tow means, when towing 160.212 When to submit an NOA. with a hawser, the length in feet from 160.214 Waivers. the stern of the towing vessel to the 160.215 Notice of hazardous conditions. stern of the last vessel in tow. When pushing ahead or towing alongside, Subpart D—Crewmember Identification length of tow means the tandem length 160.300 Applicability. in feet of the vessels in tow excluding 160.305 Exceptions. the length of the towing vessel. 160.310 Definitions. Person means an individual, firm, 160.315 Crewmember identification require- corporation, association, partnership, ment. or governmental entity. 160.320 Sanctions and vessel control. State means each of the several AUTHORITY: 33 U.S.C. 1223, 1231; 46 U.S.C. States of the United States, the Dis- Chapter 701; Department of Homeland Secu- trict of Columbia, the Commonwealth rity Delegation No. 0170.1. Subpart C is also of Puerto Rico, Guam, American issued under the authority of 33 U.S.C. 1225 Samoa, the United States Virgin Is- and 46 U.S.C. 3715. lands, the Trust Territories of the Pa- SOURCE: CGD 79–026, 48 FR 35404, Aug. 4, cific Islands, the Commonwealth of the 1983, unless otherwise noted. Northern Marianas Islands, and any other commonwealth, territory, or pos- Subpart A—General session of the United States. Tanker means a self-propelled tank § 160.1 Purpose. vessel constructed or adapted pri- (a) This subchapter contains regula- marily to carry oil or hazardous mate- tions implementing the Ports and Wa- rials in bulk in the cargo spaces.

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Tank Vessel means a vessel that is trict Commander, Directors, Vessel constructed or adapted to carry, or Traffic Services are delegated author- that carries, oil or hazardous material ity under 33 CFR 1.01–30 to discharge in bulk as cargo or cargo residue. the duties of the Captain of the Port Vehicle means every type of convey- that involve directing the operation, ance capable of being used as a means movement, and anchorage of vessels of transportation on land. within a Vessel Traffic Service area in- Vessel means every description of cluding management of vessel traffic watercraft or other artificial contriv- within anchorages, regulated naviga- ance used, or capable of being used, as tion areas and safety zones, and to en- a means of transportation on water. force Vessel Traffic Service and ports Vessel Traffic Services (VTS) means a and waterways safety regulations. This service implemented under part 161 of authority may be exercised by Vessel this chapter by the United States Traffic Center personnel. The Vessel Coast Guard designed to improve the Traffic Center may, within the Vessel safety and efficiency of vessel traffic Traffic Service area, provide informa- and to protect the environment. The tion, make recommendations, or, to a VTS has the capability to interact vessel required under part 161 of this with marine traffic and respond to traf- chapter to participate in a Vessel Traf- fic situations developing in the VTS fic Service, issue an order, including an area. order to operate or anchor as directed; Vessel Traffic Service Area or VTS Area require the vessel to comply with or- means the geographical area encom- ders issued; specify times of entry, passing a specific VTS area of service movement or departure; restrict oper- as described in part 161 of this chapter. ations as necessary for safe operation This area of service may be subdivided under the circumstances; or take other into sectors for the purpose of allo- action necessary for control of the ves- cating responsibility to individual Ves- sel and the safety of the port or of the sel Traffic Centers or to identify dif- marine environment. ferent operating requirements. [CGD 79–026, 48 FR 35404, Aug. 4, 1983, as NOTE: Although regulatory jurisdiction is amended by CGD 88–037, 53 FR 21815, June 10, limited to the navigable waters of the United 1988; CGD 90–020, 59 FR 36324, July 15, 1994; States, certain vessels will be encouraged or USCG–2010–0351, 75 FR 36287, June 25, 2010] may be required, as a condition of port entry, to report beyond this area to facili- § 160.7 Appeals. tate traffic management within the VTS area. (a) Any person directly affected by a safety zone or an order or direction VTS Special Area means a waterway issued under this subchapter may re- within a VTS area in which special op- quest reconsideration by the official erating requirements apply. who issued it or in whose name it was [CGD 90–020, 59 FR 36323, July 15, 1994, as issued. This request may be made oral- amended at USCG–2010–0351, 75 FR 36286, ly or in writing, and the decision of the June 25, 2010] official receiving the request may be rendered orally or in writing. § 160.5 Delegations. (b) Any person directly affected by (a) District Commanders and Cap- the establishment of a safety zone or tains of the Ports are delegated the au- by an order or direction issued by, or thority to establish safety zones. on behalf of, a Captain of the Port may (b) Under the provisions of §§ 6.04–1 appeal to the District Commander and 6.04–6 of this chapter, District through the Captain of the Port. The Commanders and Captains of the Ports appeal must be in writing, except as al- have been delegated authority to estab- lowed under paragraph (e) of this sec- lish security zones. tion, and shall contain complete sup- (c) Under the provisions of § 1.05–1 of porting documentation and evidence this chapter, District Commanders which the appellant wishes to have have been delegated authority to estab- considered. Upon receipt of the appeal, lish regulated navigation areas. the District Commander may direct a (d) Subject to the supervision of the representative to gather and submit cognizant Captain of the Port and Dis- documentation or other evidence which

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would be necessary or helpful to a reso- and any comments which might be rel- lution of the appeal. A copy of this doc- evant, to the Assistant Commandant umentation and evidence is made for Marine Safety, Security and Stew- available to the appellant. The appel- ardship. A copy of this documentation lant is afforded five working days from and evidence is made available to the the date of receipt to submit rebuttal appellant. The appellant is afforded materials. Following submission of all five working days from the date of re- materials, the District Commander ceipt to submit rebuttal materials to issues a ruling, in writing, on the ap- the Assistant Commandant for Marine peal. Prior to issuing the ruling, the Safety, Security and Stewardship. The District Commander may, as a matter decision of the Assistant Commandant of discretion, allow oral presentation for Marine Safety, Security and Stew- on the issues. ardship is based upon the materials (c) Any person directly affected by submitted, without oral argument or the establishment of a safety zone or presentation. The decision of the As- by an order or direction issued by, or sistant Commandant for Marine Safe- on behalf of, a District Commander, or ty, Security and Stewardship is issued who receives an unfavorable ruling on in writing and constitutes final agency an appeal taken under paragraph (b) of action. this section may appeal to the Area (e) If the delay in presenting a writ- Commander through the District Com- ten appeal would have significant ad- mander. The appeal must be in writing, verse impact on the appellant, the ap- except as allowed under paragraph (e) peal under paragraphs (b) and (c) of of this section, and shall contain com- this section may initially be presented plete supporting documentation and orally. If an initial presentation of the evidence which the appellant wishes to appeal is made orally, the appellant have considered. Upon receipt of the must submit the appeal in writing appeal, the Area Commander may di- within five days of the oral presen- rect a representative to gather and tation to the Coast Guard official to submit documentation or other evi- whom the presentation was made. The dence which would be necessary or written appeal must contain, at a min- helpful to a resolution of the appeal. A imum, the basis for the appeal and a copy of this documentation and evi- summary of the material presented dence is made available to the appel- orally. If requested, the official to lant. The appellant is afforded five whom the appeal is directed may stay working days from the date of receipt the effect of the action while the ruling to submit rebuttal materials. Fol- is being appealed. lowing submission of all materials, the Area Commander issues a ruling, in [CGD 79–026, 48 FR 35404, Aug. 4, 1983, as writing, on the appeal. Prior to issuing amended by CGD 88–052, 53 FR 25122, July 1, the ruling, the Area Commander may, 1988; CGD 96–026, 61 FR 33668, June 28, 1996; as a matter of discretion, allow oral CGD 97–023, 62 FR 33364, June 19, 1997; USCG– presentation on the issues. 2002–12471, 67 FR 41333, June 18, 2002; USCG– 2006–25150, 71 FR 39211, July 12, 2006; 72 FR (d) Any person who receives an unfa- 17409, Apr. 9, 2007; USCG–2010–0351, 75 FR vorable ruling on an appeal taken 36287, June 25, 2010; USCG–2011–0257, 76 FR under paragraph (c) of this section, 31838, June 2, 2011] may appeal through the Area Com- mander to the Assistant Commandant for Marine Safety, Security and Stew- Subpart B—Control of Vessel and ardship, U.S. Coast Guard, (CG–5), 2100 Facility Operations 2nd St. SW., Stop 7363, Washington, DC 20593–7363. The appeal must be in writ- § 160.101 Purpose. ing, except as allowed under paragraph This subpart describes the authority (e) of this section. The Area Com- exercised by District Commanders and mander forwards the appeal, all the Captains of the Ports to insure the documents and evidence which formed safety of vessels and waterfront facili- the record upon which the order or di- ties, and the protection of the navi- rection was issued or the ruling under gable waters and the resources therein. paragraph (c) of this section was made, The controls described in this subpart

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are directed to specific situations and navigable waters and the resources hazards. therein from harm resulting from vessel or structure damage, destruction, § 160.103 Applicability. or loss, each District Commander or (a) This subpart applies to any— Captain of the Port may: (1) Vessel on the navigable waters of (1) Direct the handling, loading, un- the United States, except as provided loading, storage, and movement (in- in paragraphs (b) and (c) of this sec- cluding the emergency removal, con- tion; trol and disposition) of explosives or (2) Bridge or other structure on or in other dangerous articles and sub- the navigable waters of the United stances, including oil or hazardous ma- States; and terial as those terms are defined in 46 (3) Land structure or shore area im- U.S.C. 2101 on any structure on or in mediately adjacent to the navigable the navigable waters of the United waters of the United States. States, or any land structure or shore (b) This subpart does not apply to area immediately adjacent to those any vessel on the Saint Lawrence Sea- waters; and way. (2) Conduct examinations to assure (c) Except pursuant to international compliance with the safety equipment treaty, convention, or agreement, to requirements for structures. which the United States is a party, this subpart does not apply to any foreign [CGD 79–026, 48 FR 35404, Aug. 4, 1983, as amended by USCG–1998–3799, 63 FR 35531, vessel that is not destined for, or de- June 30, 1998] parting from, a port or place subject to the jurisdiction of the United States § 160.111 Special orders applying to and that is in: vessel operations. (1) Innocent passage through the ter- Each District Commander or Captain ritorial sea of the United States; of the Port may order a vessel to oper- (2) Transit through the navigable ate or anchor in the manner directed waters of the United States which form when: a part of an international strait. (a) The District Commander or Cap- tain of the Port has reasonable cause § 160.105 Compliance with orders. to believe that the vessel is not in com- Each person who has notice of the pliance with any regulation, law or terms of an order issued under this sub- treaty; part must comply with that order. (b) The District Commander or Cap- tain of the Port determines that the § 160.107 Denial of entry. vessel does not satisfy the conditions Each District Commander or Captain for vessel operation and cargo transfers of the Port, subject to recognized prin- specified in § 160.113; or ciples of international law, may deny (c) The District Commander or Cap- entry into the navigable waters of the tain of the Port has determined that United States or to any port or place such order is justified in the interest of under the jurisdiction of the United safety by reason of weather, visibility, States, and within the district or zone sea conditions, temporary port conges- of that District Commander or Captain tion, other temporary hazardous cir- of the Port, to any vessel not in com- cumstances, or the condition of the pliance with the provisions of the Port vessel. and Tanker Safety Act (33 U.S.C. 1221– 1232) or the regulations issued there- § 160.113 Prohibition of vessel oper- under. ation and cargo transfers. (a) Each District Commander or Cap- § 160.109 Waterfront facility safety. tain of the Port may prohibit any ves- (a) To prevent damage to, or the de- sel, subject to the provisions of chapter struction of, any bridge or other struc- 37 of Title 46, U.S. Code, from operating ture on or in the navigable waters of in the navigable waters of the United the United States, or any land struc- States, or from transferring cargo or ture or shore area immediately adja- residue in any port or place under the cent to such waters, and to protect the jurisdiction of the United States, and

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within the district or zone of that Dis- gave rise to the prohibition no longer trict Commander or Captain of the exists. Port, if the District Commander or the [CGD 79–026, 48 FR 35404, Aug. 4, 1983, as Captain of the Port determines that amended by CGD 96–026, 61 FR 33668, June 28, the vessel’s history of accidents, pollu- 1996; USCG–1998–3799, 63 FR 35531, June 30, tion incidents, or serious repair prob- 1998; USCG–2006–24371, 74 FR 11212, Mar. 16, lems creates reason to believe that the 2009] vessel may be unsafe or pose a threat to the marine environment. § 160.115 Withholding of clearance. (b) The authority to issue orders pro- Each District Commander or Captain hibiting operation of the vessels or of the Port may request the Secretary transfer of cargo or residue under para- of the Treasury, or the authorized rep- graph (a) of this section also applies if resentative thereof, to withhold or re- the vessel: voke the clearance required by 46 (1) Fails to comply with any applica- U.S.C. App. 91 of any vessel, the owner ble regulation; or operator of which is subject to any (2) Discharges oil or hazardous mate- penalties under 33 U.S.C. 1232. rial in violation of any law or treaty of [CGD 79–026, 48 FR 35404, Aug. 4, 1983; 48 FR the United States; 39059, Aug. 29, 1983, as amended by USCG– (3) Does not comply with applicable 1998–3799, 63 FR 35531, June 30, 1998] vessel traffic service requirements; (4) While underway, does not have at Subpart C—Notification of Arrival, least one deck officer on the naviga- Hazardous Conditions, and tion bridge who is capable of commu- Certain Dangerous Cargos nicating in the English language. (c) When a vessel has been prohibited from operating in the navigable waters SOURCE: USCG–2002–11865, 68 FR 9543, Feb. 28, 2003, unless otherwise noted. of the United States under paragraphs (a) or (b) of this section, the District § 160.201 General. Commander or Captain of the Port may allow provisional entry into the navi- This subpart contains requirements gable waters of the United States, or and procedures for submitting Notices into any port or place under the juris- of Arrival (NOA) and Notice of Haz- diction of the United States and within ardous Condition. The sections in this the district or zone of that District subpart describe: Commander or Captain of the Port, if (a) Applicability and exemptions the owner or operator of such vessel from requirements in this subpart; proves to the satisfaction of the Dis- (b) Required information in an NOA; trict Commander or Captain of the (c) Required changes to an NOA; Port, that the vessel is not unsafe or (d) Methods and times for submission does not pose a threat to the marine of an NOA and changes to an NOA; environment, and that such entry is (e) How to obtain a waiver; and necessary for the safety of the vessel or (f) Requirements for submission of the persons on board. the Notice of Hazardous Conditions. (d) A vessel which has been prohibited from operating in the navigable § 160.202 Applicability. waters of the United States, or from (a) This subpart applies to U.S. and transferring cargo or residue in a port foreign vessels bound for or departing or place under the jurisdiction of the from ports or places in the United United States under the provisions of States. paragraph (a) or (b)(1), (2) or (3) of this (b) This subpart does not apply to section, may be allowed provisional U.S. recreational vessels under 46 entry if the owner or operator proves, U.S.C. 4301 et seq., but does apply to for- to the satisfaction of the District Com- eign recreational vessels. mander or Captain of the Port that has (c) Unless otherwise specified in this jurisdiction, that the vessel is no subpart, the owner, agent, master, op- longer unsafe or a threat to the envi- erator, or person in charge of a vessel ronment, and that the condition which regulated by this subpart is responsible

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for compliance with the requirements (6) Except for tank vessels, U.S. ves- in this subpart. sels operating solely between ports or (d) Towing vessels controlling a places in the United States on the barge or barges required to submit an Great Lakes. NOA under this subpart must submit (c) Vessels less than 500 gross tons only one NOA containing the informa- need not submit the International tion required for the towing vessel and Safety Management (ISM) Code Notice each barge under its control. (Entry (7) to Table 160.206). (d) Vessels operating solely between [USCG–2002–11865, 68 FR 9543, Feb. 28, 2003, as amended by USCG–2004–19963, 70 FR 74669, ports or places in the continental Dec. 16, 2005] United States need not submit the Cargo Declaration (Customs Form § 160.203 Exemptions. 1302), (Entry (8) to Table 160.206). (a) Except for reporting notice of haz- (e) This section does not exempt any ardous conditions, the following vessels vessel from compliance with the U.S. are exempt from requirements in this Customs Service (USCS) reporting or subpart: submission requirements. (1) Passenger and supply vessels when (f) U.S. vessels need not submit the they are employed in the exploration International Ship and Port Facility for or in the removal of oil, gas, or Code (ISPS) Notice information (Entry mineral resources on the continental (9) to Table 160.206). shelf. [USCG–2002–11865, 68 FR 9543, Feb. 28, 2003, as (2) Oil Spill Recovery Vessels amended by USCG–2003–14749, 68 FR 39313, (OSRVs) when engaged in actual spill July 1, 2003; 68 FR 63735, Nov. 10, 2003] response operations or during spill re- EFFECTIVE DATE NOTE: By USCG–2002– sponse exercises. 11865, 68 FR 27908, May 22, 2003, in § 160.203, (3) Vessels operating upon the fol- paragraphs (d) and (e) were suspended, effec- lowing waters: tive May 22, 2003. (i) Mississippi River between its sources and mile 235, Above Head of § 160.204 Definitions. Passes; As used in this subpart: (ii) Tributaries emptying into the Agent means any person, partnership, Mississippi River above mile 235; firm, company or corporation engaged (iii) Atchafalaya River above its by the owner or charterer of a vessel to junction with the Plaquemine-Morgan act in their behalf in matters con- City alternate waterway and the Red cerning the vessel. River; and Barge means a non-self propelled ves- (iv) The Tennessee River from its sel engaged in commerce. confluence with the Ohio River to mile Carried in bulk means a commodity zero on the Mobile River and all other that is loaded or carried on board a tributaries between those two points. vessel without containers or labels and (b) If not carrying certain dangerous received and handled without mark or cargo or controlling another vessel car- count. rying certain dangerous cargo, the fol- Certain dangerous cargo (CDC) in- lowing vessels are exempt from NOA cludes any of the following: requirements in this subpart: (1) Division 1.1 or 1.2 explosives as de- (1) Vessels 300 gross tons or less, ex- fined in 49 CFR 173.50. cept for foreign vessels entering any (2) Division 1.5D blasting agents for port or place in the Seventh Coast which a permit is required under 49 Guard District as described in 33 CFR CFR 176.415 or, for which a permit is re- 3.35–1(b). quired as a condition of a Research and (2) Vessels operating exclusively Special Programs Administration ex- within a Captain of the Port Zone. emption. (3) Vessels arriving at a port or place (3) Division 2.3 ‘‘poisonous gas’’, as under force majeure. listed in 49 CFR 172.101 that is also a (4) Towing vessels and barges oper- ‘‘material poisonous by inhalation’’ as ating solely between ports or places in defined in 49 CFR 171.8, and that is in a the continental United States. quantity in excess of 1 metric ton per (5) Public vessels. vessel.

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(4) Division 5.1 oxidizing materials fer procedures, with the exception of for which a permit is required under 49 the following bulk liquefied gas car- CFR 176.415 or for which a permit is re- goes carried under 46 CFR 151.50–31 or quired as a condition of a Research and listed in 46 CFR 154.7: Special Programs Administration ex- (i) Ammonia, anhydrous; emption. (ii) Chlorine; (5) A liquid material that has a pri- (iii) Ethane; mary or subsidiary classification of Di- (iv) Ethylene oxide; vision 6.1 ‘‘poisonous material’’ as list- (v) Methane (LNG); ed in 49 CFR 172.101 that is also a ‘‘ma- (vi) Methyl bromide; terial poisonous by inhalation,’’ as de- (vii) Sulfur dioxide; and fined in 49 CFR 171.8 and that is in a (viii) Vinyl chloride. bulk packaging, or that is in a quan- Charterer means the person or organi- tity in excess of 20 metric tons per ves- zation that contracts for the majority sel when not in a bulk packaging. of the carrying capacity of a ship for (6) Class 7, ‘‘highway route controlled the transportation of cargo to a stated quantity’’ radioactive material or port for a specified period. This in- ‘‘fissile material, controlled ship- cludes ‘‘time charterers’’ and ‘‘voyage ment,’’ as defined in 49 CFR 173.403. charterers.’’ (7) All bulk liquefied gas cargo car- Crewmember means all persons carried ried under 46 CFR 151.50–31 or listed in on board the vessel to provide naviga- 46 CFR 154.7 that is flammable and/or tion and maintenance of the vessel, its toxic and that is not carried as certain machinery, systems, and arrangements dangerous cargo residue (CDC residue). essential for propulsion and safe navi- (8) The following bulk liquids except gation or to provide services for other when carried as CDC residue: persons on board. (i) Acetone cyanohydrin; Great Lakes means Lakes Superior, (ii) Allyl alcohol; Michigan, Huron, Erie, and Ontario, (iii) Chlorosulfonic acid; their connecting and tributary waters, (iv) Crotonaldehyde; the Saint Lawrence River as far as (v) Ethylene chlorohydrin; Saint Regis, and adjacent port areas. (vi) Ethylene dibromide; Gross tons means the tonnage deter- (vii) Methacrylonitrile; mined by the tonnage authorities of a (viii) Oleum (fuming sulfuric acid); vessel’s flag state in accordance with and the national tonnage rules in force be- (ix) Propylene oxide, alone or mixed fore the entry into force of the Inter- with ethylene oxide. national Convention on Tonnage Meas- (9) The following bulk solids: urement of Ships, 1969 (‘‘Convention’’). (i) Ammonium nitrate listed as a Di- For a vessel measured only under vision 5.1 (oxidizing) material in 49 Annex I of the Convention, gross tons CFR 172.101 except when carried as CDC means that tonnage. For a vessel meas- residue; and ured under both systems, the higher (ii) Ammonium nitrate based fer- gross tonnage is the tonnage used for tilizer listed as a Division 5.1 (oxi- the purposes of the 300-gross-ton dizing) material in 49 CFR 172.101 ex- threshold. cept when carried as CDC residue. Hazardous condition means any condi- Certain dangerous cargo residue (CDC tion that may adversely affect the safe- residue) includes any of the following: ty of any vessel, bridge, structure, or (1) Ammonium nitrate in bulk or am- shore area or the environmental qual- monium nitrate based fertilizer in bulk ity of any port, harbor, or navigable remaining after all saleable cargo is waterway of the United States. It may, discharged, not exceeding 1,000 pounds but need not, involve collision, in total and not individually accumu- allision, fire, explosion, grounding, lated in quantities exceeding two cubic leaking, damage, injury or illness of a feet. person aboard, or manning-shortage. (2) For bulk liquids and liquefied Nationality means the state (nation) gases, the cargo that remains onboard in which a person is a citizen or to in a cargo system after discharge that which a person owes permanent alle- is not accessible through normal trans- giance.

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Operator means any person including, States, by a State or local government, but not limited to, an owner, a or by the government of a foreign charterer, or another contractor who country and that is not engaged in conducts, or is responsible for, the op- commercial service. eration of a vessel. Time charterer means the party who Persons in addition to crewmembers hires a vessel for a specific amount of mean any person onboard the vessel, time. The owner and his crew manage including passengers, who are not in- the vessel, but the charterer selects the cluded on the list of crewmembers. ports of destination. Port or place of departure means any Voyage charterer means the party who port or place in which a vessel is an- hires a vessel for a single voyage. The chored or moored. owner and his crew manage the vessel, Port or place of destination means any port or place in which a vessel is bound but the charterer selects the ports of to anchor or moor. destination. Public vessel means a vessel that is [USCG–2002–11865, 68 FR 9543, Feb. 28, 2003, as owned or demise-(bareboat) chartered amended by USCG–2004–19963, 70 FR 74669, by the government of the United Dec. 16, 2005; 75 FR 59620, Sept. 28, 2010]

§ 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 ves- Required information carrying CDC sels 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 (v) International Maritime Organization (IMO) international number or, if vessel does not have an assigned IMO international number, sub- stitute with official number; ...... X X X (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 or places visited; ..... X X X (iii) For each port or place in the United States to be visited list the names of the receiving facility, the port or place, the city, and the state; ...... X X X (iv) For each port or place in the United States to be visited, the estimated date and time of arrival; ...... X X X (v) For each port or place in the United States to be visited, the estimated date and time of departure; ...... X X X (vi) The location (port or place and country) or position (latitude and longitude or waterway and mile marker) of the vessel at the time of reporting; and...... X X X (vii) The name and telephone number of a 24-hour point of contact ...... X X X (3) Cargo Information: (i) A general description of cargo, other than CDC, onboard the vessel (e.g.: grain, container, oil, etc.); ...... X X X (ii) Name of each certain dangerous cargo carried, including cargo UN number, if applicable; and ...... X X (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 identification and number); ...... X X X

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TABLE 160.206—NOA INFORMATION ITEMS—Continued

Vessels carrying CDC Vessels not Towing ves- Required information carrying CDC sels controlling Vessels vessels carrying CDC

(v) Position or duties on the vessel; and ...... X X X (vi) Where the crewmember embarked (list port or place and country) ... X X X (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 country) ...... X X X (6) Operational condition of equipment required by § 164.35 of this chapter .. X X X (7) International Safety Management (ISM) Code Notice: (i) The date of issuance for the company’s Document of Compliance certificate that covers the vessel; ...... X X X (ii) The date of issuance for the vessel’s Safety Management Certificate; and ...... X X X (iii) The name of the Flag Administration, or the recognized organization(s) representing the vessel flag administration, that issued those certificates ...... X X X (8) Cargo Declaration (Customs Form 1302) as described in 19 CFR 4.7 ..... X X X (9) International Ship and Port Facility Code (ISPS) Notice *: (i) The date of issuance for the vessel’s International Ship Security Cer- tificate (ISSC), if any; ...... X X X (ii) Whether the ISSC, if any, is an initial Interim ISSC, subsequent and consecutive Interim ISSC, or final ISSC; ...... X X X (iii) Declaration that the approved ship security plan, if any, is being implemented; ...... X X X (iv) If a subsequent and consecutive Interim ISSC, the reasons therefor; X X X (v) The name and 24-hour contact information for the Company Security Officer; and...... X X X (vi) The name of the Flag Administration, or the recognized security organization(s) representing the vessel flag Administration that issued the ISSC...... X X X * 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.

(b) Vessels operating solely between § 160.208 of this part concerning require- ports or places in the continental ments for changes to an NOA. United States need submit only the [USCG–2002–11865, 68 FR 9543, Feb. 28, 2003, as name of and date of arrival and depar- amended by USCG–2003–14749, 68 FR 39313, ture for the last port or places visited July 1, 2003; 68 FR 63735, Nov. 10, 2003] to meet the requirements in entries (2)(i) and (ii) to Table 160.206 of this EFFECTIVE DATE NOTE: By USCG–2002– section. 11865, 68 FR 27908, May 22, 2003, in § 160.206, in paragraph (a), item (8) in table 160.206 was (c) You may submit a copy of INS suspended, effective May 22, 2003. Form I–418 to meet the requirements of entries (4) and (5) in Table 160.206. § 160.208 Changes to a submitted NOA. (d) Any vessel planning to enter two or more consecutive ports or places in (a) Unless otherwise specified in this the United States during a single voy- section, when submitted NOA informa- age may submit one consolidated Noti- tion changes, vessels must submit a no- fication of Arrival at least 96 hours be- tice of change within the times re- fore entering the first port or place of quired in § 160.212. destination. The consolidated notice (b) Changes in the following informa- must include the name of the port or tion need not be reported: place and estimated arrival and depar- (1) Changes in arrival or departure ture date for each destination of the times that are less than six (6) hours; voyage. Any vessel submitting a con- (2) Changes in vessel location or posi- solidated notice under this section tion of the vessel at the time of report- must still meet the requirements of ing (entry (2)(vi) to Table 160.206); and

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(3) Changes to crewmembers’ position toms Form 1302) in entry (8) in Table or duties on the vessel (entry (5)(v) to 160.206 must be submitted electroni- Table 160.206). cally to the USCS, as required by para- (c) When reporting changes, submit graph (d) of this section. only the name of the vessel, original (c) Seventh Coast Guard District. Those NOA submission date, the port of ar- foreign vessels 300 or less gross tons op- rival, the specific items to be cor- erating in the Seventh Coast Guard rected, and the new location or posi- District must submit an NOA to the tion of the vessel at the time of report- cognizant Captain of the Port (COTP). ing. Only changes to NOA information The Cargo Declaration (Customs Form need to be submitted. 1302) in entry (8) in Table 160.206 must be submitted electronically to the § 160.210 Methods for submitting an USCS, as required by paragraph (d) of NOA. this section. (a) Submission to the National Vessel (d) Submission to the United States Cus- Movement Center (NVMC). Except as toms Service’s Sea Automated Manifest provided in paragraphs (b) and (c) of System (AMS). (1) Beginning July 1, this section, vessels must submit NOA 2003, the Cargo Declaration (Customs information required by § 160.206 (en- Form 1302) in entry (8) in Table 160.206 tries 1 through 9 in Table 160.206) to the must be submitted electronically to NVMC, United States Coast Guard, 408 the USCS Sea AMS by one of the fol- Coast Guard Drive, Kearneysville, WV lowing methods: 25430, by: (i) By direct connection with USCS (1) Electronic submission via the or by purchasing the proper software; electronic Notice of Arrival and Depar- or ture (eNOAD) and consisting of the fol- (ii) Using a service provider or a Port lowing three formats: Authority. (i) A Web site that can be used to (2) To become a participant in Sea submit NOA information directly to AMS, submitters must provide a letter the NVMC, accessible from the NVMC of intent to USCS prior to first submis- web site at http://www.nvmc.uscg.gov; sion. (ii) Electronic submission of Exten- [USCG–2002–11865, 68 FR 9543, Feb. 28, 2003; 68 sible Markup Language (XML) for- FR 63735, Nov. 10, 2003, as amended by USCG– matted documents via web service; 2004–19963, 70 FR 74669, Dec. 16, 2005] (iii) Electronic submission via Micro- EFFECTIVE DATE NOTE: By USCG–2002– soft InfoPath; contact the NVMC at 11865, 68 FR 27908, May 22, 2003, in § 160.210, [email protected] or by telephone at the last sentence of paragraph (b), the last 1–800–708–9823 or 304–264–2502 for more sentence of paragraph (c), and paragraph (d) information; were suspended, effective May 22, 2003. (2) E-mail at [email protected]. § 160.212 When to submit an NOA. Workbook available at http:// www.nvmc.uscg.gov; (a) Submission of NOA. (1) Except as (3) Fax at 1–800–547–8724 or 304–264– set out in paragraph (a)(2) of this sec- 2684. Workbook available at http:// tion, all vessels must submit NOAs www.nvmc.uscg.gov; or, within the times required in paragraph (4) Telephone at 1–800–708–9823 or 304– (a)(3) of this section. 264–2502. (2) Towing vessels, when in control of (b) Saint Lawrence Seaway transits. a vessel carrying CDC and operating Those vessels transiting the Saint solely between ports or places in the Lawrence Seaway inbound, bound for a continental United States, must sub- port or place in the United States, may mit an NOA before departure but at least 12 hours before entering the port meet the submission requirements of or place of destination. paragraph (a) of this section by submit- (3) Times for submitting NOAs areas ting the required information to the follows: Saint Lawrence Seaway Development Corporation and the Saint Lawrence If your voyage You must submit an NOA— Seaway Management Corporation of time is— Canada by fax at 315–764–3235 or at 315– (i) 96 hours or At least 96 hours before entering the 764–3200. The Cargo Declaration (Cus- more; or. port or place of destination; or

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least 24 hours before entering the U.S. If your voyage You must submit an NOA— time is— port or place of destination. (ii) Less than 96 Before departure but at least 24 hours [USCG–2002–11865, 68 FR 9543, Feb. 28, 2003; 68 hours. before entering the port or place of destination. FR 63735, Nov. 10, 2003] EFFECTIVE DATE NOTE: By USCG–2002– (b) Submission of changes to NOA. (1) 11865, 68 FR 27908, May 22, 2003, in § 160.212, Except as set out in paragraph (b)(2) of paragraph (c) was suspended, effective May this section, vessels must submit 22, 2003. changes in NOA information within the times required in paragraph (b)(3) of § 160.214 Waivers. this section. The Captain of the Port may waive, (2) Towing vessels, when in control of within that Captain of the Port’s des- a vessel carrying CDC and operating ignated zone, any of the requirements solely between ports or places in the of this subpart for any vessel or class continental United States, must sub- of vessels upon finding that the vessel, mit changes to an NOA as soon as prac- route, area of operations, conditions of ticable but at least 6 hours before en- the voyage, or other circumstances are tering the port or place of destination. such that application of this subpart is (3) Times for submitting changes to unnecessary or impractical for pur- NOAs are as follows: poses of safety, environmental protection, or national security. If your remaining Then you must submit changes to an voyage time is— NOA— § 160.215 Notice of hazardous conditions. (i) 96 hours or As soon as practicable but at least 24 more;. hours before entering the port or place Whenever there is a hazardous condi- of destination; tion either aboard a vessel or caused by (ii) Less than 96 As soon as practicable but at least 24 hours but not hours before entering the port or place a vessel or its operation, the owner, less than 24 of destination; or agent, master, operator, or person in hours; or charge shall immediately notify the (iii) Less than 24 As soon as practicable but at least 12 hours. hours before entering the port or place nearest Coast Guard Sector Office or of destination. Group Office. (Compliance with this section does not relieve responsibility (c) Submission of the Cargo Declaration for the written report required by 46 (Customs Form 1302). (1) Except as set CFR 4.05–10.) out in paragraph (c)(2) of this section, [USCG–2002–11865, 68 FR 9543, Feb. 28, 2003, as all vessels must submit to USCS the amended by USCG–2006–25556, 72 FR 36328, Cargo Declaration (Customs Form 1302) July 2, 2007] in entry (8) to Table 160.206, within the times required in paragraph (a)(3) of Subpart D—Crewmember this section. Identification (2)(i) Except for vessels carrying con- tainerized cargo or break bulk cargo, vessels carrying bulk cargo may sub- SOURCE: USCG–2007–28648, 74 FR 19140, Apr. 28, 2009, unless otherwise noted. mit the Cargo Declaration (Customs Form 1302), (Entry (8) to Table 160.206) § 160.300 Applicability. before departure but at least 24 hours (a) This subpart applies to crew- before entering the U.S. port or place members on the following vessels in of destination. the navigable waters of the United (ii) Vessels carrying break bulk cargo States en route to a U.S. port or place operating under a USCS exemption of destination or at a U.S. port or granted under 19 CFR 4.7(b)(4)(ii) may, place: during the effective period of the USCS (1) A foreign vessel engaged in com- exemption, submit the Cargo Declara- mercial service, and tion (Customs Form 1302), (Entry (8) to (2) A U.S. vessel engaged in commer- Table 160.206) before departure but at cial service and coming from a foreign port or place of departure.

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(b) This subpart also applies to the conducts, or is responsible for, the op- operators of the vessels listed in para- eration of a vessel. graph (a) of this section. Passport means any travel document issued by competent authority showing § 160.305 Exceptions. the bearer’s origin, identity, and na- Requirements in this subpart do not tionality if any, which is valid for the apply to crewmembers and operators admission of the bearer into a foreign on a vessel bound for a U.S. port or country. place of destination under force Port or place of departure means any majeure. port or place in which a vessel is anchored or moored. § 160.310 Definitions. Port or place of destination means any port or place in which a vessel is bound As used in this subpart, and only for to anchor or moor. purposes of this supbpart— Acceptable identification means a: § 160.315 Crewmember identification (1) Passport; requirement. (2) U.S. Permanent Resident Card; (a) A crewmember subject to this (3) U.S. merchant mariner document; subpart must carry and present on de- (4) U.S. merchant mariner credential; mand an acceptable identification. An (5) Transportation Worker Identifica- operator subject to this subpart must tion Credential (TWIC) issued by the ensure that every crewmember on the Transportation Security Administra- vessel has an acceptable identification tion under 49 CFR part 1572; or in his or her possession when the vessel (6) Seafarer’s Identification Docu- is in the navigable waters of the United ment (SID) issued by or under the au- States. For purposes of this section, a thority of the government of a country crewmember may secure his or her ac- that has ratified the International ceptable identification with the ves- Labour Organization Seafarers’ Iden- sel’s master, so long as the identifica- tity Documents Convention (Revised), tion can be presented on demand. 2003 (ILO 185), meeting all the require- (b) Compliance with the requirements of ILO 185. ments in this section does not relieve Commercial service means any type of vessel crewmembers and operators of trade or business involving the trans- any requirements under the Immigra- portation of goods or individuals, ex- tion and Nationality Act (INA) or INA cept service performed by a combatant implementing regulations. Likewise, vessel. compliance with INA requirements Crewmember means all persons carried does not relieve vessel crewmembers onboard a vessel to provide: navigation and operators of the requirements in services; maintenance of the vessel, its this section. machinery, or systems; arrangements § 160.320 Sanctions and vessel control. essential for propulsion or safe navigation; or services for other persons on- Failure to comply with this subpart board. will subject the crewmember and oper- Foreign vessel means a vessel of for- ator to a civil penalty under 46 U.S.C. eign registry or operated under the au- 70119 and the vessel to control under 33 thority of a country except the United U.S.C. 1223(b). States. Navigable waters of the United States PART 161—VESSEL TRAFFIC means the same as this term is defined MANAGEMENT in 33 CFR 2.36(a). This includes a 12- nautical-mile wide U.S. territorial sea Subpart A—Vessel Traffic Services as measured from the baseline, U.S. in- GENERAL RULES ternal waters subject to tidal influence, and certain U.S. internal waters Sec. not subject to tidal influence. 161.1 Purpose and Intent. 161.2 Definitions. Operator means any person including, 161.3 Applicability. but not limited to, an owner, a 161.4 Requirement to carry the rules. charterer, or another contractor who 161.5 Deviations from the rules.

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161.6 Preemption. potential for collisions, rammings, and groundings, and the loss of lives and SERVICES, VTS MEASURES, AND OPERATING REQUIREMENTS property associated with these incidents within VTS areas established 161.10 Services. 161.11 VTS measures. hereunder. 161.12 Vessel operating requirements. (b) Vessel Traffic Services provide 161.13 VTS Special Area operating require- the mariner with information related ments. to the safe navigation of a waterway. This information, coupled with the Subpart B—Vessel Movement Reporting mariner’s compliance with the provi- System sions set forth in this part, enhances 161.15 Purpose and intent. the safe routing of vessels through con- 161.16 Applicability. gested waterways or waterways of par- 161.17 Definitions. ticular hazard. Under certain cir- 161.18 Reporting requirements. 161.19 Sailing Plan (SP). cumstances, a VTS may issue direc- 161.20 Position Report (PR). tions to control the movement of ves- 161.21 Automated reporting. sels in order to minimize the risk of 161.22 Final Report (FR). collision between vessels, or damage to 161.23 Reporting exemptions. property or the environment. Subpart C—Vessel Traffic Service and Ves- (c) The owner, operator, charterer, sel Movement Reporting System Areas master, or person directing the move- and Reporting Points ment of a vessel remains at all times responsible for the manner in which 161.25 Vessel Traffic Service New York the vessel is operated and maneuvered, Area. and is responsible for the safe naviga- 161.30 Vessel Traffic Service Louisville. 161.35 Vessel Traffic Service Houston/Gal- tion of the vessel under all cir- veston. cumstances. Compliance with these 161.40 Vessel Traffic Service Berwick Bay. rules or with a direction of the VTS is 161.45 Vessel Traffic Service St. Marys at all times contingent upon the ex- River. igencies of safe navigation. 161.50 Vessel Traffic Service San Francisco. 161.55 Vessel Traffic Service Puget Sound (d) Nothing in this part is intended to and the Cooperative Vessel Traffic Serv- relieve any vessel, owner, operator, ice for the Juan de Fuca Region. charterer, master, or person directing 161.60 Vessel Traffic Service Prince William the movement of a vessel from the con- Sound. sequences of any neglect to comply 161.65 Vessel Traffic Service Lower Mis- with this part or any other applicable sissippi River. law or regulation (e.g., the Inter- AUTHORITY: 33 U.S.C. 1223, 1231; 46 U.S.C. national Regulations for Prevention of 70114, 70119; Pub. L. 107–295, 116 Stat. 2064; De- Collisions at Sea, 1972 (72 COLREGS) or partment of Homeland Security Delegation the Inland Navigation Rules) or of the No. 0170.1. neglect of any precaution which may SOURCE: CGD 90–020, 59 FR 36324, July 15, be required by the ordinary practice of 1994, unless otherwise noted. seamen, or by the special circumstances of the case. Subpart A—Vessel Traffic Services § 161.2 Definitions. GENERAL RULES For the purposes of this part: § 161.1 Purpose and Intent. Cooperative Vessel Traffic Services (a) The purpose of this part is to pro- (CVTS) means the system of vessel traf- mulgate regulations implementing and fic management established and jointly enforcing certain sections of the Ports operated by the United States and Can- and Waterways Safety Act (PWSA) set- ada within adjoining waters. In addi- ting up a national system of Vessel tion, CVTS facilitates traffic move- Traffic Services that will enhance ment and anchorages, avoids jurisdic- navigation, vessel safety, and marine tional disputes, and renders assistance environmental protection, and promote in emergencies in adjoining United safe vessel movement by reducing the States and Canadian waters.

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Hazardous Vessel Operating Condition by a vessel providing information means any condition related to a ves- under established procedures as set sel’s ability to safely navigate or ma- forth in this part in the areas defined neuver, and includes, but is not limited in Table 161.12(c) (VTS and VMRS Cen- to: ters, Call Signs/MMSI, Designated Fre- (1) The absence or malfunction of quencies, and Monitoring Areas). vessel operating equipment, such as Vessel Movement Reporting System propulsion machinery, steering gear, (VMRS) User means a vessel, or an radar system, gyrocompass, depth owner, operator, charterer, Master, or sounding device, automatic radar plot- person directing the movement of a ting aid (ARPA), radiotelephone, Auto- vessel that is required to participate in matic Identification System equip- a VMRS. ment, navigational lighting, sound sig- Vessel Traffic Center (VTC) means the naling devices or similar equipment. shore-based facility that operates the (2) Any condition on board the vessel vessel traffic service for the Vessel likely to impair navigation, such as Traffic Service area or sector within lack of current nautical charts and such an area. publications, personnel shortage, or Vessel Traffic Services (VTS) means a similar condition. service implemented by the United (3) Vessel characteristics that affect States Coast Guard designed to im- or restrict maneuverability, such as prove the safety and efficiency of ves- cargo or tow arrangement, trim, loaded sel traffic and to protect the environ- condition, underkeel or overhead clear- ment. The VTS has the capability to ance, speed capabilities, power avail- interact with marine traffic and re- ability, or similar characteristics, spond to traffic situations developing which may affect the positive control in the VTS area. or safe handling of the vessel or the Vessel Traffic Service Area or VTS Area tow. means the geographical area encom- Navigable waters means all navigable passing a specific VTS area of service. waters of the United States including This area of service may be subdivided the territorial sea of the United States, into sectors for the purpose of allo- extending to 12 nautical miles from cating responsibility to individual Ves- United States baselines, as described in sel Traffic Centers or to identify dif- Presidential Proclamation No. 5928 of ferent operating requirements.

December 27, 1988. NOTE: Although regulatory jurisdiction is Precautionary Area means a routing limited to the navigable waters of the United measure comprising an area within de- States, certain vessels will be encouraged or fined limits where vessels must navi- may be required, as a condition of port gate with particular caution and with- entry, to report beyond this area to facili- in which the direction of traffic may be tate traffic management within the VTS recommended. area. Towing Vessel means any commercial VTS Special Area means a waterway vessel engaged in towing another vessel within a VTS area in which special op- astern, alongside, or by pushing ahead. erating requirements apply. Vessel Movement Center (VMC) means VTS User means a vessel, or an the shore-based facility that operates owner, operator, charterer, master, or the vessel tracking system for a Vessel person directing the movement of a Movement Reporting System (VMRS) vessel, that is: area or sector within such an area. The (a) Subject to the Vessel Bridge-to- VMC does not necessarily have the ca- Bridge Radiotelephone Act; or pability or qualified personnel to inter- (b) Required to participate in a act with marine traffic, nor does it nec- VMRS within a VTS area (VMRS essarily respond to traffic situations User). developing in the area, as does a Vessel VTS User’s Manual means the manual Traffic Service (VTS). established and distributed by the VTS Vessel Movement Reporting System to provide the mariner with a descrip- (VMRS) means a mandatory reporting tion of the services offered and rules in system used to monitor and track ves- force for that VTS. Additionally, the sel movements. This is accomplished manual may include chartlets showing

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the area and sector boundaries, general priate VTS Director. Requests to devi- navigational information about the ate shall be made as far in advance as area, and procedures, radio frequencies, practicable. Upon receipt of the re- reporting provisions and other infor- quest, the VTS Director may authorize mation which may assist the mariner a deviation if it is determined that, while in the VTS area. based on vessel handling characteristics, traffic density, radar contacts, en- [CGD 90–020, 59 FR 36324, July 15, 1994, as amended by CGE 97–023, 62 FR 33364, June 19, vironmental conditions and other rel- 1997; USCG–2003–14757, 68 FR 39364, July 1, evant information, such a deviation 2003; USCG–1998–4399, 75 FR 66314, Oct. 28, provides a level of safety equivalent to 2010] that provided by the required measure or is a maneuver considered necessary § 161.3 Applicability. for safe navigation under the cir- The provisions of this subpart shall cumstances. apply to each VTS User and may also [CGD 90–020, 59 FR 36324, July 15, 1994, as apply to any vessel while underway or amended by USCG–2005–21531, 70 FR 36350, at anchor on the navigable waters of June 23, 2005] the United States within a VTS area, to the extent the VTS considers nec- § 161.6 Preemption. essary. The regulations in this part have pre- emptive impact over State laws or reg- § 161.4 Requirement to carry the rules. ulations on the same subject matter. Each VTS User shall carry on board The Coast Guard has determined, after and maintain for ready reference a considering the factors developed by copy of these rules. the Supreme Court in U.S. v. Locke, 529 NOTE: These rules are contained in the ap- U.S. 89 (2000), that by enacting Chapter plicable U.S. Coast Pilot, the VTS User’s 25 of the Ports and Waterways Safety Manual which may be obtained by con- Act (33 U.S.C. 1221 et seq.), Congress in- tacting the appropriate VTS, and periodi- tended that Coast Guard regulations cally published in the Local Notice to Mari- preempt State laws or regulations re- ners. The VTS User’s Manual and the World garding vessel traffic services in VTS Guide, an International Maritime Orga- United States ports and waterways. nization (IMO) recognized publication, contain additional information which may as- [USCG–1998–4399, 75 FR 66314, Oct. 28, 2010] sist the prudent mariner while in the appropriate VTS area. SERVICES, VTS MEASURES, AND OPERATING REQUIREMENTS § 161.5 Deviations from the rules. (a) Requests to deviate from any pro- § 161.10 Services. vision in this part, either for an ex- To enhance navigation and vessel tended period of time or if anticipated safety, and to protect the marine envi- before the start of a transit, must be ronment, a VTS may issue advisories, submitted in writing to the appropriate or respond to vessel requests for infor- District Commander. Upon receipt of mation, on reported conditions within the written request, the District Com- the VTS area, such as: mander may authorize a deviation if it (a) Hazardous conditions or cir- is determined that such a deviation cumstances; provides a level of safety equivalent to (b) Vessel congestion; that provided by the required measure (c) Traffic density; or is a maneuver considered necessary (d) Environmental conditions; for safe navigation under the cir- (e) Aids to navigation status; cumstances. An application for an au- (f) Anticipated vessel encounters; thorized deviation must state the need (g) Another vessel’s name, type, posi- and fully describe the proposed alter- tion, hazardous vessel operating condi- native to the required measure. tions, if applicable, and intended navi- (b) Requests to deviate from any pro- gation movements, as reported; vision in this part due to cir- (h) Temporary measures in effect; cumstances that develop during a tran- (i) A description of local harbor oper- sit or immediately preceeding a tran- ations and conditions, such as ferry sit, may be made verbally to the appro- routes, dredging, and so forth;

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(j) Anchorage availability; or with all measures established or direc- (k) Other information or special cir- tions issued by a VTS. cumstances. (b) If, in a specific circumstance, a VTS User is unable to safely comply § 161.11 VTS measures. with a measure or direction issued by (a) A VTS may issue measures or di- the VTS, the VTS User may deviate only to the extent necessary to avoid rections to enhance navigation and endangering persons, property or the vessel safety and to protect the marine environment. The deviation shall be re- environment, such as, but not limited ported to the VTS as soon as is prac- to: ticable. (1) Designating temporary reporting (c) When not exchanging voice com- points and procedures; munications, a VTS User must main- (2) Imposing vessel operating require- tain a listening watch as required by ments; or § 26.04(e) of this chapter on the VTS fre- (3) Establishing vessel traffic routing quency designated in Table 161.12(c) schemes. (VTS and VMRS Centers, Call Signs/ (b) During conditions of vessel con- MMSI, Designated Frequencies, and gestion, restricted visibility, adverse Monitoring Areas). In addition, the weather, or other hazardous cir- VTS User must respond promptly when cumstances, a VTS may control, super- hailed and communicate in the English vise, or otherwise manage traffic, by language. specifying times of entry, movement, NOTE TO § 161.12(c): As stated in 47 CFR or departure to, from, or within a VTS 80.148(b), a very high frequency watch on area. Channel 16 (156.800 MHz) is not required on vessels subject to the Vessel Bridge-to- § 161.12 Vessel operating require- Bridge Radiotelephone Act and participating ments. in a Vessel Traffic Service (VTS) system when the watch is maintained on both the (a) Subject to the exigencies of safe vessel bridge-to-bridge frequency and a des- navigation, a VTS User shall comply ignated VTS frequency.

TABLE 161.12(C)—VTS AND VMRS CENTERS, CALL SIGNS/MMSI, DESIGNATED FREQUENCIES, AND MONITORING AREAS

Designated frequency (Chan- Center MMSI 1 Call Sign Monitoring area 3,4 nel designation)—purpose 2

Berwick Bay 003669950— Berwick Traffic ...... 156.550 MHz (Ch. 11) ...... The waters south of 29°45′ N., west of 91°10′ W., north of 29°37′ N., and east of 91°18′ W. Buzzards Bay Buzzards Bay Control 5 ...... 156.600 MHz (Ch. 12) ...... The waters east and north of a line drawn from the southern tangent of Sakonnet Point, Rhode Island, in approximate position latitude 41°–27.2′ N, longitude 70°–11.7′ W, to the Buzzards Bay Entrance Light in approximate position latitude 41°–23.5′ N, longitude 71°–02.0′ W, and then to the southwestern tangent of Cuttyhunk Island, Massachusetts, at approximate position latitude 41°–24.6′ N, longitude 70°– 57.0′ W, and including all of the Cape Cod Canal to its eastern entrance, except that the area of New Bedford harbor within the confines (north of) the hurricane barrier, and the passages through the Elizabeth Islands, is not considered to be ‘‘Buzzards Bay’’. Houston-Galveston— ...... The navigable waters north of 29° N., west of 94°20′ W., 003669954. south of 29°49′ N., and east of 95°20′ W. Houston Traffic ...... 156.550 MHz (Ch. 11) ...... The navigable waters north of a line extending due west from 156.250 Mhz (Ch. 5A) the southern most end of Exxon Dock #1 (20°43.37′ N., —For Sailing Plans only 95°01.27′ W.). Houston Traffic ...... 156.600 MHz (Ch. 12) ...... The navigable waters south of a line extending due west from 156.250 Mhz (Ch. 5A) the southern most end of Exxon Dock #1 (29°43.37′ N., —For Sailing Plans only 95°01.27′ W.) 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°42.3′ N., 118°17.6′ W.).

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TABLE 161.12(C)—VTS AND VMRS CENTERS, CALL SIGNS/MMSI, DESIGNATED FREQUENCIES, AND MONITORING AREAS—Continued

Designated frequency (Chan- Center MMSI 1 Call Sign Monitoring area 3,4 nel designation)—purpose 2

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— 0036699952: New Orleans traffic ...... 156.550 MHz (Ch. 11) ...... The navigable waters of the Lower Mississippi River below 29°55.3′ N 089°55.6′ W (Saxonholm Light) at 86.0 miles Above Head of Passes (AHP), extending down river to Southwest Pass, and, within a 12 nautical mile radius around 28°54.3′ N 089°25.7′ W (Southwest Pass Entrance Light at 20.1 miles Below Head of Passes. New Orleans traffic ...... 156.600 MHz (Ch. 12) ...... The navigable waters of the Lower Mississippi River bounded on the north by a line drawn perpendicular on the river at 29°55′30″ N and 090°12′46″ W (Upper Twelve Mile Point) at 109.0 miles AHP and on the south by a line drawn perpendicularly at 29°55.3′ N 089°55.6′ W (Saxonholm Light) at 86.0 miles AHP. New Orleans traffic ...... 156.250 MHz (Ch. 05A) ...... The navigable waters of the Lower Mississippi River below 30°38.7′ N 091°17.5′ W (Port Hudson Light) at 254.5 miles AHP bounded on the south by a line drawn perpendicular on the river at 29°55′30″ N and 090°12′46″ W (Upper Twelve Mile Point) at 109.0 miles AHP. New York—003669951 New York Traffic ...... 156.550 MHz (Ch. 11) ...... The area consists of the navigable waters of the Lower New —For Sailing Plans only York Bay bounded on the east by a line drawn from Norton 156.600 MHz (Ch. 12) Point to Breezy Point; on the south by a line connecting —For vessels at anchor the entrance buoys at the Ambrose Channel, Swash Chan- nel, 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° 25′ 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° 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° 43.7′ N, longitude 74° 01.6′ 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° 25′ 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° 42.40′ N (Brooklyn Bridge) and 40° 43.70′ N (Holland Tun- nel Ventilator Shaft); west through the KVK into the Arthur Kill north of 40° 38.25′ N (Arthur Kill Railroad Bridge); then north into the waters of the Newark Bay, south of 40° 41.95′ 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° 26′ 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° 28.25′ N (Arthur Kill Railroad Bridge); including the waters of the East River north of 40° 42.40′ N (Brooklyn Bridge) to the Throgs Neck Bridge, excluding the Harlem River. Port Arthur 6—003669955 Sabine Traffic ...... To be determined ...... The navigable waters south of 30°10′ N., east of 94°20′ W., west of 93°22′ W, and, north of 29° 10′ N.

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TABLE 161.12(C)—VTS AND VMRS CENTERS, CALL SIGNS/MMSI, DESIGNATED FREQUENCIES, AND MONITORING AREAS—Continued

Designated frequency (Chan- Center MMSI 1 Call Sign Monitoring area 3,4 nel designation)—purpose 2

Prince William Sound— 003669958 Valdez Traffic ...... 156.650 MHz (Ch. 13) ...... The navigable waters south of 61°05′ N., east of 147°20′ W., north of 60° N., and west of 146°30′ W.; and, all navigable waters in Port Valdez. Puget Sound 7 Seattle Traffic—003669957 ..... 156.700 MHz (Ch. 14) ...... The waters of Puget Sound, Hood Canal and adjacent waters south of a line connecting Nodule Point and Bush 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°40′ 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°52′ W.; the San Juan Island Archipelago, Rosario Strait, Bellingham Bay; Admiralty Inlet north of a line connecting Nodule Point and Bush Point and all waters east of Whidbey Island North of a line drawn due east from the southernmost tip of Posses- sion Point on Whidbey Island to the shoreline. Tofino Traffic—003160012 ...... 156.725 MHz (Ch. 74) ...... The waters west of 124°40′ W. within 50 nautical miles of the coast of Vancouver Island including the waters north of 48° N., and east of 127° W. Victoria Traffi—003160010 ...... 156.550 MHz (Ch. 11) ...... The waters of the Strait of Georgia west of 122°52′ W., the navigable waters of the central Strait of Juan de Fuca north and east of Race Rocks, including the Gulf Island Archi- pelago, Boundary Pass and Haro Strait. San Francisco—003669956 San Francisco Traffic ...... 156.700 MHz (Ch. 14) ...... The navigable waters of the San Francisco Offshore Pre- cautionary Area, the navigable waters shoreward of the San Francisco Offshore Precautionary Area east of 122°42.0′ W. and north of 37°40.0′ 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 Sac- ramento 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°55.8′ N., 122°34.6′ W.) west of 122°42.0′ W. and south of 37°40.0′ 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°57′ N. (De Tour Reef Light) and 46°38.7′ N. (lle Parisienne Light), except the St. Marys Falls Canal and those navigable waters east of a line from 46°04.16′ N. and 46°01.57′ 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 §§ 161.21 and 164.46 of this subchapter. The requirements set forth in §§ 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 In addition to the vessels denoted in section 161.16 of this chapter, requirements set forth in subpart B of 33 CFR part 161 also apply to any vessel transiting VMRS Buzzards Bay required to carry a bridge-to-bridge radiotelephone by part 26 of this chapter. 6 Until rules regarding 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 §§ 161.21 and 164.46 of this subchapter. 7 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.

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(d) As soon as is practicable, a VTS Sea, 1972 (72 COLREGS) or the Inland User shall notify the VTS of any of the Navigation Rules. following: (1) A marine casualty as defined in 46 Subpart B—Vessel Movement CFR 4.05–1; Reporting System (2) Involvement in the ramming of a fixed or floating object; § 161.15 Purpose and intent. (3) A pollution incident as defined in (a) A Vessel Movement Reporting § 151.15 of this chapter; System (VMRS) is a system used to (4) A defect or discrepancy in an aid monitor and track vessel movements to navigation; within a VTS or VMRS area. This is (5) A hazardous condition as defined accomplished by requiring that vessels in § 160.203 of this chapter; provide information under established (6) Improper operation of vessel procedures as set forth in this part, or equipment required by part 164 of this as directed by the Center. chapter; (b) To avoid imposing an undue re- (7) A situation involving hazardous porting burden or unduly congesting materials for which a report is required radiotelephone frequencies, reports by 49 CFR 176.48; and shall be limited to information which (8) A hazardous vessel operating con- is essential to achieve the objectives of dition as defined in § 161.2. the VMRS. These reports are consoli- [CGD 90–020, 59 FR 36324, July 15, 1994, as dated into three reports (sailing plan, amended by CGD 95–033, 60 FR 28329, May 31, position, and final). 1995; CGD 92–052, 61 FR 45326, Aug. 29, 1996; USCG–1999–6141, 64 FR 69636, Dec. 14, 1999; [CGD 90–020, 59 FR 36324, July 15, 1994, as USCG–2003–14757, 68 FR 39364, July 1, 2003; 68 amended by USCG–2003–14757, 68 FR 39366, FR 60569, Oct. 22, 2003; USCG–2004–18057, 69 July 1, 2003; USCG–2011–0257, 76 FR 31838, FR 34926, June 23, 2004; CGD01–04–133, 72 FR June 2, 2011] 50058, Aug. 30, 2007; 72 FR 70780, Dec. 13, 2007; USCG–2008–0179, 73 FR 35016, June 19, 2008; § 161.16 Applicability. USCG–1998–4399, 75 FR 66314, Oct. 28, 2010] Unless otherwise stated, the provisions of this subpart apply to the fol- § 161.13 VTS Special Area operating lowing vessels and VMRS Users: requirements. (a) Every power-driven vessel of 40 The following operating require- meters (approximately 131 feet) or ments apply within a VTS Special more in length, while navigating; Area: (b) Every towing vessel of 8 meters (a) A VTS User shall, if towing (approximately 26 feet) or more in astern, do so with as short a hawser as length, while navigating; or safety and good seamanship permits. (c) Every vessel certificated to carry (b) A VMRS User shall: (1) Not enter 50 or more passengers for hire, when or get underway in the area without engaged in trade. prior approval of the VTS; (2) Not enter a VTS Special Area if a [CGD 90–020, 59 FR 36324, July 15, 1994, as hazardous vessel operating condition or amended by USCG–2003–14757, 68 FR 39366, July 1, 2003] circumstance exists; (3) Not meet, cross, or overtake any § 161.17 Definitions. other VMRS User in the area without As used in this subpart: prior approval of the VTS; and Center means a Vessel Traffic Center (4) Before meeting, crossing, or over- or Vessel Movement Center. taking any other VMRS User in the Published means available in a wide- area, communicate on the designated ly-distributed and publicly available vessel bridge-to-bridge radiotelephone medium (e.g., VTS User’s Manual, ferry frequency, intended navigation move- schedule, Notice to Mariners). ments, and any other information necessary in order to make safe passing [USCG–2003–14757, 68 FR 39366, July 1, 2003] arrangements. This requirement does not relieve a vessel of any duty pre- § 161.18 Reporting requirements. scribed by the International Regula- (a) A Center may: (1) Direct a vessel tions for Prevention of Collisions at to provide any of the information set

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forth in Table 161.18(a) (IMO Standard Ship Reporting System);

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 event A 6 digit group giving 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 and A 3 digit group. tenths of knots. G GOLF ...... Port of Departure ...... Name of last port of call. H HOTEL ...... Date, time and point of Entry time expressed as in (B) and into the entry system. entry position expressed as in (C) or (D). I INDIA ...... Destination and ex- Name of port and date time group expressed pected time of arrival. as in (B). J JULIET ...... Pilot ...... State whether a deep sea or local pilot is on board. K KILO ...... Date, time and point of Exit time expressed as in (B) and exit position exit from system. 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 report ...... Date time group expressed as in (B). O OSCAR ...... Maximum present static 4 digit group giving meters and centimeters. draught in meters. 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, defi- Brief detail of defects, damage, deficiencies or ciencies or limitations. other limitations. R ROMEO ...... Description of pollution Brief details of type of pollution (oil, chemicals, or dangerous goods etc) or dangerous goods lost overboard; posi- lost. tion expressed as in (C) or (D). S SIERRA ...... Weather conditions ...... Brief details of weather and sea conditions prevailing. T TANGO ...... Ship’s representative Details of name and particulars of ship’s rep- and/or owner. resentative and/or owner for provision of information. U UNIFORM ...... Ship size and type ...... Details of length, breadth, tonnage, and type, etc., as required. V VICTOR ...... Medical personnel ...... Doctor, physician’s assistant, nurse, no medic. W WHISKEY ...... Total number of per- State number. sons 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.].

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(2) Establish other means of report- ter, and other required information as ing for those vessels unable to report set out in § 160.211 and § 160.213 of this on the designated frequency; or chapter, if applicable. (3) Require reports from a vessel in sufficient time to allow advance vessel § 161.20 Position Report (PR). traffic planning. A vessel must report its name and (b) All reports required by this part position: shall be made as soon as is practicable (a) Upon point of entry into a VMRS on the frequency designated in Table area; 161.12(c) (VTS and VMRS Centers, Call (b) At designated reporting points as Signs/MMSI, Designated Frequencies, set forth in subpart C; or and Monitoring Areas). (c) When directed by the Center. (c) When not exchanging communications, a VMRS User must maintain a [CGD 90–020, 59 FR 36324, July 15, 1994, as amended by USCG–2003–14757, 68 FR 39366, listening watch as described in § 26.04(e) July 1, 2003] of this chapter on the frequency designated in Table 161.12(c) (VTS and § 161.21 Automated reporting. VMRS Centers, Call Signs/MMSI, Des- (a) Unless otherwise directed, vessels ignated Frequencies, and Monitoring equipped with an Automatic Identifica- Areas). In addition, the VMRS User tion System (AIS) are required to must respond promptly when hailed make continuous, all stations, AIS and communicate in the English lan- broadcasts, in lieu of voice Position guage. Reports, to those Centers denoted in NOTE: As stated in 47 CFR 80.148(b), a VHF Table 161.12(c) of this part. watch on Channel 16 (156.800 MHz) is not re- (b) Should an AIS become non-oper- quired on vessels subject to the Vessel ational, while or prior to navigating a Bridge-to-Bridge Radiotelephone Act and VMRS area, it should be restored to op- participating in a Vessel Traffic Service (VTS) system when the watch is maintained erating condition as soon as possible, on both the vessel bridge-to-bridge frequency and, until restored a vessel must: and a designated VTS frequency. (1) Notify the Center; (2) Make voice radio Position Reports (d) A vessel must report: at designated reporting points as re- (1) Any significant deviation from its quired by § 161.20(b) of this part; and Sailing Plan, as defined in § 161.19, or (3) Make any other reports as di- from previously reported information; rected by the Center. or (2) Any intention to deviate from a [USCG–2003–14757, 68 FR 39366, July 1, 2003] VTS issued measure or vessel traffic routing system. § 161.22 Final Report (FR). (e) When reports required by this A vessel must report its name and part include time information, such in- position: formation shall be given using the (a) On arrival at its destination; or local time zone in effect and the 24- (b) When leaving a VTS area. hour military clock system. § 161.23 Reporting exemptions. [CGD 90–020, 59 FR 36324, July 15, 1994, as amended by USCG–2003–14757, 68 FR 39366, (a) Unless otherwise directed, the fol- July 1, 2003] lowing vessels are exempted from providing Position and Final Reports due § 161.19 Sailing Plan (SP). to the nature of their operation: Unless otherwise stated, at least 15 (1) Vessels on a published schedule minutes before navigating a VTS area, and route; a vessel must report the: (2) Vessels operating within an area (a) Vessel name and type; of a radius of three nautical miles or (b) Position; less; or (c) Destination and ETA; (3) Vessels escorting another vessel (d) Intended route; or assisting another vessel in maneu- (e) Time and point of entry; and vering procedures. (f) Dangerous cargo on board or in its (b) A vessel described in paragraph tow, as defined in § 160.203 of this chap- (a) of this section must:

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(1) Provide a Sailing Plan at least 5 traffic management in the VTS area and to minutes but not more than 15 minutes receive VTSNY advisories and/or assistance. before navigating within the VMRS [CGD 92–052, 61 FR 45327, Aug. 29, 1996] area; and (2) If it departs from its promulgated § 161.30 Vessel Traffic Service Louis- schedule by more than 15 minutes or ville. changes its limited operating area, The VTS area consists of the navi- make the established VMRS reports, or gable waters of the Ohio River between report as directed. McAlpine Locks (Mile 606.8) and [CGD 90–020, 59 FR 36324, July 15, 1994, as Twelve Mile Island (Mile 593), only amended by CGD 97–023, 62 FR 33364, June 19, when the McAlpine upper pool gauge is 1997; USCG–2003–14757, 68 FR 39367, July 1, at 13.0 feet or above. 2003] [CGD 90–020, 59 FR 36324, July 15, 1994, as amended by USCG–1998–3799, 63 FR 35531, Subpart C—Vessel Traffic Service June 30, 1998] and Vessel Movement Report- ing System Areas and Report- § 161.35 Vessel Traffic Service Hous- ing Points ton/Galveston. (a) The VTS area consists of the fol- NOTE: All geographic coordinates con- lowing major waterways and portions tained in part 161 (latitude and longitude) of connecting waterways: Galveston are expressed in North American Datum of Bay Entrance Channel; Outer Bar 1983 (NAD 83). Channel; Inner Bar Channel; Bolivar § 161.25 Vessel Traffic Service New Roads Channel; Galveston Channel; York Area. Gulf ICW and Galveston-Freeport Cut- The area consists of the navigable Off from Mile 346 to Mile 352; Texas waters of the Lower New York Harbor City Channel; Texas City Turning bounded on the east by a line drawn Basin; Texas City Canal Channel; from Norton Point to Breezy Point; on Texas City Canal Turning Basin; Hous- the south by a line connecting the en- ton Ship Channel; Bayport Channel; trance buoys at the Ambrose Channel, Bayport Turning Basin; Houston Turn- Swash Channel, and Sandy Hook Chan- ing Basin; and the following pre- nel to Sandy Hook Point; and on the cautionary areas associated with these southeast including the waters of waterways. Sandy Hook Bay south to a line drawn (b) Precautionary areas. at latitude 40°25′ N.; then west into waters of the Raritan Bay to the Rari- TABLE 161.35(B)—VTS HOUSTON/GALVESTON tan River Rail Road Bridge; and then PRECAUTIONARY AREAS north including the waters of the Ar- Precautionary Radius Center point thur Kill and Newark Bay to the Le- area name (yds.) high Valley Draw Bridge at latitude Latitude Longitude 40°41.9′ N.; and then east including the Bolivar Roads 4000 29°20.9′ N 94°47.0′ W waters of the Kill Van Kull and Upper Red Fish Bar 4000 29°29.8′ N 94°51.9′ W Bayport Chan- 4000 29°36.7′ N 94°57.2′ W New York Bay north to a line drawn nel. east-west from the Holland Tunnel Morgans Point 2000 29°41.0′ N 94°59.0′ W Ventilator Shaft at latitude 40°43.7′ N., Upper San 1000 29°42.3′ N 95°01.1′ W longitude 74°01.6′ W. in the Hudson Jacinto Bay. Baytown ...... 1000 29°43.6′ N 95°01.4′ W River; and then continuing east includ- Lynchburg ...... 1000 29°45.8′ N 95°04.8′ W ing the waters of the East River to the Carpenters 1000 29°45.3′ N 95°05.6′ W Throgs Neck Bridge, excluding the Har- Bayou. Jacintoport ..... 1000 29°44.8′ N 95°06.0′ W lem River. Greens Bayou 1000 29°44.8′ N 95°10.2′ W Hunting Bayou 1000 29°44.3′ N 95°12.1′ W NOTE: Although mandatory participation Sims Bayou ... 1000 29°43.2′ N 95°14.4′ W in VTSNY is limited to the area within the Brady Island .. 1000 29°43.5′ N 95°16.4′ W navigable waters of the United States, Buffalo Bayou 1000 29°45.0′ N 95°17.3′ W VTSNY will provide services beyond those NOTE: Each Precautionary Area encompasses a circular waters. Prospective users are encouraged to area of the radius denoted. report beyond the area of required participation in order to facilitate advance vessel (c) Reporting points.

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TABLE 161.35(C)—VTS HOUSTON/GALVESTON REPORTING POINTS

Desig- nator Geographic name Geographic description Latitude/ longitude Notes

1 ...... Galveston Bay Entrance Galveston Bay Entrance CH 29° 18.2′ N; 94° 37.6′ W Channel. Lighted Buoy (LB) ‘‘1C’’. 2 ...... Galveston Bay Entrance Galveston Bay Entrance Chan- 29° 20.6′ N; 94° 44.6′ W Channel. nel LB 11 and 12. E ...... Bolivar Land Cut...... Mile 349 Intracoastal Water- 29° 22.5′ N; 94° 46.9′ W Tows entering HSC way (ICW). also report at HSC LB 25 & 26. W ...... Pelican Cut ...... Mile 351 ICW ...... 29° 21.4′ N; 94° 48.5′ W Tows entering HSC also report at HSC LB 25 & 26. G ...... Galveston Harbor ...... Galveston Channel Lt. 2 ...... 29° 20.2′ N; 94° 46.6′ W Coast Guard Base. T ...... Texas City Channel ...... Texas City Channel Lt. 12 ...... 29° 22.4′ N; 94° 50.9′ W X ...... Houston Ship Channel Houston Ship Channel (HSC) 29° 22.2′ N; 94° 48.1′ W Tow entering HSC ICW Intersection. LB 25 and 26. from ICW or Texas Cut Only. 3 ...... Lower Galveston Bay ...... HSC Lt. 31 and LB 32 ...... 29° 23.8′ N; 94° 48.9′ W 4 ...... Red Fish Bar ...... HSC Lt. 53 & 54 ...... 29° 30.3′ N; 94° 52.4′ W P ...... Bayport Ship Channel ..... Bayport Ship Channel Lt. 8 29° 36.8′ N; 94° 59.5′ W Bayport Land Cut. and 9. 4A ...... Upper Galveston Bay ...... HSC Lt. 69 and 70 ...... 29° 34.7′ N; 94° 55.8′ W Tows only. 5 ...... Morgan’s Point ...... HSC Lt. 91 ...... 29° 41.0′ N; 94° 59.0′ W 6 ...... Exxon ...... HSC Lt. 109A ...... 29° 43.5′ N; 95° 01.4′ W 7 ...... Lynchburg ...... Ferry crossing ...... 29° 45.8′ N; 95° 04.8′ W 8 ...... Shell Oil ...... Boggy Bayou ...... 29° 44.1′ N; 95° 08.0′ W 9 ...... Greens Bayou ...... HSC Lt. 152 ...... 29° 44.8′ N; 95° 10.1′ W 10 ...... Hunting Bayou ...... Hunting Bayou Turning Basin. 29° 44.4′ N; 95° 12.1′ W 11 ...... Lyondell ...... Sims Bayou Turning Basin...... 29° 43.2′ N; 95° 14.4′ W 12 ...... I–610 Bridge ...... I–610 Bridge ...... 29° 43.5′ N; 95° 16.0′ W 13 ...... Buffalo Bayou ...... Houston Turning Basin ...... 29° 45.0′ N; 95° 17.4′ 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; USCG–2007–27887, 72 FR 45904, Aug. 16, 2007]

§ 161.40 Vessel Traffic Service Berwick Bayou Shaffer Junction (ICW Mile Bay. Marker 94.5 WHL) south one statute (a) The VTS area consists of the nav- mile along Bayou Shaffer; and from igable waters of the following segments Berwick Lock northwest one statute of waterways: the Intracoastal Water- mile along the Lower Atchafalaya way (ICW) Morgan City to Port Allen River. Alternate Route from Mile Marker 0 to (b) VTS Special Area. The Berwick Mile Marker 5; the ICW from Mile Bay VTS Special Area consists of those Marker 93 west of Harvey Lock (WHL) waters within a 1000 yard radius of the to Mile Marker 102 WHL; the Burlington Northern/Santa Fe Railroad Atchafalaya River Route from Mile Bridge located at Mile .03 MC/PA. Marker 113 to Mile Marker 122; from (c) Reporting Points.

TABLE 161.40(c)—VTS BERWICK BAY REPORTING POINTS

Latitude/lon- Designator Geographic name Geographic description gitude Notes

1 ...... Stouts Pass ...... Stouts Point Light ‘‘1’’ Mile 29°43′47″ N 113–Atchafalaya River. 91°13′25″ W 2 ...... Berwick Lock ...... Mile 1.9 MC/PA ...... 29°43′10″ N If transiting the Lock. 91°13′28″ W 3 ...... Conrad’s Point Junction ..... Buoy ‘‘1’’ Mile 1.5 MC/PA .. 29°42′32″ N 91°13′14″ W 4 ...... Swift Ships Flat Lake Junc- Mile 3 MC/PA ...... 29°43′26″ N tion. 91°12′22″ W 5 ...... Burlington Northern/Santa Mile 0.3 MC/PA ...... 29°41′34″ N Fe Railroad Bridge. 91°12′44″ W 6 ...... 20 Grant Point Junction ..... Bayou Boeuf-Atchafalaya 29°41′18″ N R. Mile 95.5 ICW. 91°12′36″ W

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TABLE 161.40(c)—VTS BERWICK BAY REPORTING POINTS—Continued

Latitude/lon- Designator Geographic name Geographic description gitude Notes

7 ...... ICW ...... Overhead Power Cable 29°40′43″ N Mile 96.5 ICW. 91°13′18″ W 8 ...... Wax Bayou Junction ...... Light ‘‘A’’ Mile 98.2W ICW 29°39′29″ N 91°14′46″ W 9 ...... Shaffer Junction ...... ICW-Bayou Shaffer Mile 29°41′10″ N 94.5 ICW. 91°11′38″ 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; USCG–2009–0416, 74 FR 27441, June 10, 2009]

§ 161.45 Vessel Traffic Service St. 46°38.7′ N. (Ile Parisienne Light) to the Marys River. north, except the waters of the St. Marys Falls Canal, and to the east (a) The VTS area consists of the nav- along a line from La Pointe to Sims igable waters of the St. Marys River ° ′ Point, within Potagannissing Bay and and lower Whitefish Bay from 45 57 N. Worsley Bay. (De Tour Reef Light) to the south, to (b) Reporting Points.

TABLE 161.45(b)—VTS ST. MARYS RIVER REPORTING POINTS

Designator Geographic name Geographic description Latitude/longitude‘ Notes

1 ...... Ile Parisienne ...... Ile Parisienne Light ...... 46°37.3′ N; 84°45.9′ W ... Downbound Only. 2 ...... Gros Cap Reef ...... Gros Cap Reefs Light ...... 46°30.6′ N; 84°37.1′ W ... Upbound Only. 3 ...... Round Island ...... Round Island Light 32 ...... 46°26.9′ N; 84°31.7′W. 4 ...... Pointe Louise ...... Pointe Louise Light ...... 46°27.8′ N; 84°28.2′W. 5* ...... West End of Locks ...... West Center Pierhead Light 46°30.2′ N; 84°22.2′ W ... Upbound Only. 6 ...... East End of Locks ...... East Center Pierhead Light .. 46°30.1′ N; 84°20.3′ W ... Downbound Only. 7 ...... Mission Point ...... Light 99 ...... 46°29.2′ N; 84°18.1′W. 8 ...... Six Mile Point ...... Six Mile Point ...... 46°26.1′ N; 84°15.4′W. 9 ...... Ninemile Point ...... Light 80 ...... 46°23.5′ N; 84°14.1′W. 10 ...... West Neebish Channel ...... Light 29 ...... 46°16.9′ N; 84°12.5′ W ... Downbound Only. 11 ...... Munuscong Lake Junction ... Lighted Junction Buoy ...... 46°10.8′ N; 84°05.6′W. 12 ...... De Tour Reef ...... De Tour Reef Light ...... 46°56.9′ N; 83°53.7′ 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]

§ 161.50 Vessel Traffic Service San § 161.55 Vessel Traffic Service Puget Francisco. Sound and the Cooperative Vessel Traffic Service for the Juan de The VTS area consists of all the nav- Fuca Region. igable waters of San Francisco Bay Re- gion south of the Mare Island Cause- The Vessel Traffic Service Puget way Bridge and the Petaluma River Sound area consists of the navigable Entrance Channel Daybeacon 19 and waters of the United States bounded by a line drawn from the Washington Petaluma River Entrace Channel Light State coastline at 48°23′08″ N., 124°43′37″ 20 and north of the Dumbarton Bridge; W. on Cape Flattery to the Cape Flat- its seaward approaches within a 38 nau- tery Light at 48°23′30″ N., 124°44′12″ W. tical mile radius of Mount Tamalpais on Tatoosh Island, due west to the U.S. (37–55.8′ N., 122–34.6′ W.); and its navi- Territorial Sea Boundary; thence gable tributaries as far east as the port northward along the U.S. Territorial of Stockton on the San Joaquin River, Sea Boundary to its intersection with as far north as the port of Sacramento the U.S./Canada International Bound- on the Sacramento River. ary; thence east along the U.S./Canada [CGD 90–020, 59 FR 36324, July 15, 1994, as International Boundary through the amended by CGD 95–033, 60 FR 28332, May 31, waters known as the Strait of Juan de 1995] Fuca, Haro Strait, Boundary Pass, and

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the Strait of Georgia to the Wash- (c) Additional VTS Special Area Op- ington State coastline at 49°00′06″ N., erating Requirements. The following 122°45′18″ W. (International Boundary additional requirements are applicable Range C Rear Light). This area in- in the Rosario Strait and Guemes cludes: Puget Sound, Hood Canal, Pos- Channel VTS Special Areas: session Sound, the San Juan Island Ar- (1) A vessel engaged in towing shall chipelago, Rosario Strait, Guemes not impede the passage of a vessel of Channel, Bellingham Bay, the U.S. 40,000 dead weight tons or more. waters of the Strait of Juan de Fuca (2) A vessel of less than 40,000 dead and the Strait of Georgia, and all weight tons is exempt from the provi- waters adjacent to the above. sion set forth in § 161.13(b)(1) of this (a) Vessel Traffic Service Puget part. Sound participates in a U.S./Canadian (3) A vessel of less than 100 meters in Cooperative Vessel Traffic Service length is exempt from the provisions (CVTS) to jointly manage vessel traffic set forth in § 161.13(b)(3) of this part. in the Juan de Fuca Region. The CVTS Approval will not be granted for: for the Juan de Fuca Region consists of (i) A vessel of 100 meters or more in all waters of the Strait of Juan de Fuca length to meet or overtake; or cross or and its offshore approaches, southern operate within 2,000 yards (except when Georgia Strait, the Gulf and San Juan crossing astern) of a vessel of 40,000 Archipelagos, Rosario Strait, Boundary dead weight tons or more; or Pass and Haro Strait, bounded on the (ii) A vessel of 40,000 dead weight tons northwest by 48°35′45″ N.; and on the or more to meet or overtake; or cross southwest by 48°23′30″ N.; and on the or operate within 2,000 yards (except west by the rhumb line joining 48°35′45″ when crossing astern) of a vessel of 100 N., 124°47′30″ W. with 48°23′30″ N., meters or more in length. 124°48′37″ W.; and on the northeast in (d) Reporting Point. Inbound vessels the Strait of Georgia, by a line drawn in the Strait of Juan de Fuca upon along 49° N. from Vancouver Island to crossing 124–W. Semiahmoo Bay; and on the southeast, by a line drawn from McCurdy Point on [CGD 90–020, 59 FR 36324, July 15, 1994, as the Quimper Peninsula to Point Par- amended by USCG–1998–3799, 63 FR 35531, June 30, 1998] tridge on Whidbey Island. Canadian and United States Vessel Traffic Cen- § 161.60 Vessel Traffic Service Prince ters (Tofino, B.C., Canada, Vancouver, William Sound. BC, Canada and Seattle, WA) manage (a) The VTS area consists of the nav- traffic within the CVTS area irrespec- igable waters of the United States tive of the International Boundary. north of a line drawn from Cape (b) VTS Special Areas. (1) The Hinchinbrook Light to Schooner Rock Rosario Strait VTS Special Area con- Light, comprising that portion of sists of those waters bounded to the Prince William Sound between 146°30′ south by the center of Precautionary W. and 147°20′ W. and includes Valdez Area ‘‘RB’’ (a circular area of 2,500 ° ′ ″ Arm, Valdez Narrows and Port Valdez. yards radius centered at 48 26 24 N., (b) The Valdez Arm VTS Special Area ° ′ ″ 122 45 12 W.), and to the north by the consists of the waters of the Valdez center of Precautionary Area ‘‘C’’ (a Arm Traffic Separation Scheme (de- circular area of 2,500 yards radius cen- scribed in § 167.1703 of this chapter); the ° ′ ″ ° ′ ″ tered at 48 40 34 N., 122 42 44 W.; Light- waters northeast of a line drawn from ed Buoy ‘‘C’’); and shoreline to shoreline through the NOTE: The center of precautionary area points 60°58.04′ N, 146°46.52′ W and ‘‘RB’’ is not marked by a buoy. All pre- 60°58.93′ N, 146°48.86′ W; and southwest cautionary areas are depicted on National of a line bearing 307° True from Tongue Oceanic and Atmospheric Administration Point at 61°02.10′ N, 146°40.00′ W. (NOAA) nautical charts. (c) The Valdez Narrows VTS Special (2) The Guemes Channel VTS Special Area consists of those waters of Valdez Area consists of those waters bounded Arm, Valdez Narrows, and Port Valdez to the west by Shannon Point on northeast of a line bearing 307° True Fidalgo Island and to the east by from Tongue Point at 61°02′06″ 146°40′ Southeast Point on Guemes Island. W.; and southwest of a line bearing 307°

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True from Entrance Island Light at (ii) A northbound vessel shall remain 61°05′06″ N., 146°36′42″ W. south of 61° N. until the VTS has grant- (d) Additional VTS Special Area Op- ed permission to proceed; and erating Requirements. The following (iii) A southbound vessel shall re- additional requirements are applicable main in Port Valdez east of 146°35′ W. in the Valdez Narrows VTS Special and north of 61°06′ N. until the VTS has Area: granted permission to proceed. (1) No VMRS User shall proceed (3) Paragraph (c)(2) of this section ap- north of 61° N. without prior approval plies to— of the VTS. (i) A vessel of 1600 gross tons or more; (2) For a vessel listed in paragraph and (c)(3) of this section— (ii) A towing vessel of 8 meters or (i) Approval to enter this area will more in length, except for a vessel per- not be granted to a vessel when a tank forming duties as an escort vessel as vessel of more than 20,000 deadweight defined in 33 CFR Part 168. tons is navigating therein; (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°16′18″ N; 146°45′30″ W .. Northbound Only. 1B ...... Schooner Rock ...... Schooner Rock ...... 60°18′42″ N; 146°51′36″ W .. Southbound Only. 2A ...... Naked Island ...... Naked Island ...... 60°40′00″ N; 147°01′24″ W .. Northbound Only. 2B ...... Naked Island ...... Naked Island ...... 60°40′00″ N; 147°05′00″ W .. Southbound Only. 3A ...... Bligh Reef ...... Bligh Reef Light (Pilot Embark) ...... 60°50′36″ N; 146°57′30″ W .. Northbound Only. 3B ...... Bligh Reef ...... Bligh Reef Light (Pilot Disembark) 60°51′00″ N; 147°01′24″ W .. Southbound Only. 4A ...... Rocky Point ...... Rocky Point ...... 60°57′48″ N; 146°47′30″ W .. Northbound Only. 4B ...... Rocky Point ...... Rocky Point ...... 60°57′48″ N; 146°50′00″ W .. Southbound Only. 5 ...... Entrance Island ...... Entrance Island Light ...... 61°05′24″ N; 146°37′30″ 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]

§ 161.65 Vessel Traffic Service Lower (c) Additional Algiers Point VTS Special Mississippi River. Area Operating Requirements. The fol- (a) The Vessel Traffic Service (VTS) lowing additional requirements are applicable in the Algiers Point VTS Spe- area consists of navigable waters of the cial Area: Lower Mississippi River (LMR) below (1) A vessel movement reporting sys- 30°38.7′ N 91°17.5′ W (Port Hudson Light tem (VMRS) user must abide by the at 254.5 miles Above Head of Passes signals of the Governor Nicholls Street (AHP)), the Southwest Pass, and those Wharf, 29°57.6′ N 90°03.4′ W, and Gretna, within a 12-nautical mile radius around ° ′ ° ′ ° ′ ° ′ 29 55.5 N 90 03.7 W, Control Lights (94.3 28 54.3 N 89 25.7 W (Southwest Pass En- and 96.6 miles AHP, respectively) in the trance Light at 20.1 miles Below Head following manner: of Passes). (i) Green Light—May proceed as in- (b) The Algiers Point VTS Special tended. Area consists of the navigable waters (ii) Red Light—Do not proceed, unless of the LMR bounded on the north by a otherwise directed by the VTS. line drawn from 29°57.62′ N 90°02.61′ W to (iii) No Light—Do not proceed, imme- 29°57.34′ N 90°02.60′ W and on the south ° ′ ° ′ diately notify VTS and await further by a line drawn from 29 56.89 N 90 03.72 directions. W to 29°56.93′ N 90°03.34′ W (95.0 and 93.5 NOTE TO § 161.65(C)(1): To provide advance miles AHP) during periods of high notification to downbound vessels, a traffic water—that is, when the Carrolton repeater signal of Gretna Light is located at Gage reads 8.0 feet or above on a rising Westwego, LA, 29°54.8′ N; 90°08.3′ W (101.4 stage or 9.0 feet or above on a falling miles AHP). stage, or under any other water condi- (2) A vessel awaiting a signal change tions the Captain of the Port (COTP) or VTS directions must keep clear of deems necessary. other vessels transiting the area.

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(d) The Eighty-one Mile Point VTS sels must provide name and destina- Special Area consists of navigable tion, confirm proper operation of their waters of the LMR between 167.5 miles AIS if required under 33 CFR 164.46, AHP and 187.9 miles AHP. and, if applicable, size of tow and num- (e) Additional Eighty-one Mile Point ber of loaded and empty barges. At VTS Special Area Operating Require- 183.9 miles AHP, Wyandotte Chemical ments. The following additional re- Dock Lights, descending vessels must quirements are applicable in the contact VTS New Orleans and provide Eighty-one Mile Point VTS Special a follow-on position check. At both Area: check-in and follow-on position check, (1) Prior to proceeding upriver past VTS New Orleans will advise the vessel 167.5 miles AHP, Sunshine Bridge, ves- on traffic approaching Eighty-one Mile sels must contact VTS New Orleans on Point. VHF Channel 5A to check-in. Vessels (3) All vessels getting underway be- must provide name and destination, tween miles 167.5 and 187.9 AHP must confirm proper operation of their auto- check-in with VTS New Orleans on mated identification system (AIS) if VHF Channel 5A immediately prior to required under 33 CFR 164.46, and, if ap- getting underway and must comply plicable, size of tow and number of with the respective ascending and de- loaded and empty barges. At 173.7 miles scending check-in and follow-on points AHP, Bringier Point Light, ascending listed in paragraphs (e)(1) and (2) of vessels must contact VTS New Orleans this section. and provide a follow-on position check. (4) Fleet vessels must checkin with At both check-in and follow-on posi- VTS New Orleans if they leave their re- tion check, VTS New Orleans will ad- spective fleet or if they move into the vise the vessel on traffic approaching main channel. Fleet vessels are not re- Eighty-one Mile Point. quired to checkin if they are operating (2) Prior to proceeding downriver exclusively within their fleet. past 187.9 miles AHP COS–MAR Lights, (f) Reporting Points. Table 161.65(f) vessels must contact VTS New Orleans lists the VTS Lower Mississippi River on VHF Channel 5A to check-in. Ves- Reporting Points.

TABLE 161.65(f)—VTS LOWER MISSISSIPPI RIVER REPORTING POINTS

Geographic Designator Geographic name description Latitude/longitude/mile marker Notes

A ...... Algiers Canal Forebay ... 88.0 AHP ...... 29°55.40′ N; 89°57.7′ W ...... Upbound transiting Algiers Point Special Area. B ...... Industrial Canal ...... 92.7 AHP ...... 29°57.2′ N; 90°01.68′ W ...... Upbound transiting Algiers Point Special Area. C ...... Crescent Towing Smith 93.5 AHP ...... 29°57.50′ N; 90°02.62′ W ...... Upbound Towing vessels transiting Fleet. Algiers Point Special Area. D ...... Marlex Terminal (Naval 99.0 AHP ...... 29°54.65′ N; 90°05.87′ W ...... Downbound transiting Algiers Ships). Point Special Area. E ...... Huey P Long Bridge ...... 106.1 AHP ..... 29°56.6′ N; 90°10.1′ W ...... Downbound transiting Algiers Point Special Area.

[USCG–1998–4399, 75 FR 66314, Oct. 28, 2010, as amended at 76 FR 31230, May 31, 2011]

PART 162—INLAND WATERWAYS 162.35 Channel of Christina River, Del.; navigation. NAVIGATION REGULATIONS 162.40 Inland waterway from Delaware River to Chesapeake Bay, Del. and Md. Sec. (Chesapeake and Delaware Canal). 162.1 General. 162.65 All waterways tributary to the Atlan- 162.5 Definitions. tic Ocean south of Chesapeake Bay and 162.15 Manhasset Bay, N.Y.; seaplane re- all waterways tributary to the Gulf of stricted area. Mexico east and south of St. Marks, Fla. 162.20 Flushing Bay near La Guardia Air- port, Flushing, N.Y.; restricted area. 162.75 All waterways tributary to the Gulf 162.30 Channel of Tuckerton Creek, N.J.; of Mexico (except the Mississippi River, navigation. its tributaries, South and Southwest

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Passes and the Atchafalaya River) from 162.245 Kenai River, Kenai, Alaska; use, ad- St. Marks, Fla., to the Rio Grande. ministration, and navigation. 162.80 Mississippi River below mouth of 162.250 Port Alexander, Alaska; speed of Ohio River, including South and South- vessels. west Passes. 162.255 Wrangell Narrows, Alaska; use, ad- 162.85 Yazoo Diversion Canal, Vicksburg, ministration, and navigation. Miss., from its mouth at Kleinston Land- 162.260 Channel leading to San Juan Harbor, ing to Fisher Street; navigation. P.R.; use, administration, and naviga- 162.90 White River, Arkansas Post Canal, tion. Arkansas River, and Verdigris River be- 162.270 Restricted areas in vicinity of Mari- tween Mississippi River, Ark., and time Administration Reserve Fleets. Catoosa, Okla.; use, administration, and AUTHORITY: 33 U.S.C. 1231; Department of navigation. Homeland Security Delegation No. 0170.1. 162.100 Ohio River at Louisville, KY. 162.105 Missouri River; administration and SOURCE: CGD 75–082, 42 FR 51759, Sept. 29, navigation. 1977, unless otherwise noted. 162.110 Duluth-Superior Harbor, Minnesota and Wisconsin. § 162.1 General. 162.115 Keweenaw Waterway, Mich. Geographic coordinates expressed in 162.117 St. Marys River, Sault Ste. Marie, terms of latitude or longitude, or both, Michigan. are not intended for plotting on maps 162.120 Harbors on Lake Michigan. 162.125 Sturgeon Bay and the Sturgeon Bay or charts whose referenced horizontal Ship Canal, Wisc. datum is the North American Datum of 162.130 Connecting waters from Lake Huron 1983 (NAD 83), unless such geographic to Lake Erie; general rules. coordinates are expressly labeled NAD 162.132 Connecting waters from Lake Huron 83. Geographic coordinates without the to Lake Erie; communications rules. NAD 83 reference may be plotted on 162.134 Connecting waters from Lake Huron maps or charts referenced to NAD 83 to Lake Erie; traffic rules. only after application of the appro- 162.136 Connecting waters from Lake Huron priate corrections that are published to Lake Erie; anchorage grounds. 162.138 Connecting waters from Lake Huron on the particular map or chart being to Lake Erie; speed rules. used. 162.140 Connecting waters from Lake Huron [CGD 86–082, 52 FR 33811, Sept. 8, 1987] to Lake Erie; miscellaneous rules. 162.145 Monroe Harbor, Mich. § 162.5 Definitions. 162.150 Maumee Bay and River, Ohio. 162.155 Sandusky and Huron Harbors, Ohio. The following definition applies to 162.160 Vermilion, Lorain, Cleveland, this part: Fairport, Ashtabula, and Conneaut Har- Merchant mariner credential or MMC bors, Ohio. means the credential issued by the 162.165 Buffalo and Rochester Harbors, New Coast Guard under 46 CFR part 10. It York. combines the individual merchant 162.175 Black Rock Canal and Lock at Buf- mariner’s document, license, and cer- falo, New York. tificate of registry enumerated in 46 162.195 Santa Monica Bay, Calif.; restricted area. U.S.C. subtitle II part E as well as the 162.200 Marina del Ray, Calif.; restricted STCW endorsement into a single cre- area. dential that serves as the mariner’s 162.205 Suisun Bay, San Joaquin River Sac- qualification document, certificate of ramento River, and connecting waters, identification, and certificate of serv- CA. ice. 162.210 Lake Tahoe, Calif.; restricted areas along south shore. [USCG–2006–24371, 74 FR 11212, Mar. 16, 2009] 162.215 Lake Tahoe, Nev.; restricted area adjacent to Nevada Beach. § 162.15 Manhasset Bay, N.Y.; seaplane 162.220 Hoover Dam, Lake Mead, and Lake restricted area. Mohave (Colorado River), Ariz.-Nev. (a) The restricted area. An area in 162.225 Columbia and Willamette Rivers, Manhasset Bay between the shore at Washington and Oregon; administration Manorhaven on the north and the and navigation. 162.230 Columbia River, Wash. southerly limit line of the special an- 162.235 Puget Sound Area, Wash. chorage area in Manhasset Bay, west 162.240 Tongass Narrows, Alaska; naviga- area at Manorhaven (described in tion. § 110.60 of this chapter), on the south;

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its axis being a line bearing 166°50′ true § 162.40 Inland waterway from Dela- from latitude 40°50′17.337 N, longitude ware River to Chesapeake Bay, Del. 73°43′03.877 W, which point is on the and Md. (Chesapeake and Delaware south side of Orchard Beach Boulevard Canal). at Manorhaven; and being 100 feet wide (a) Applicability. The regulations in for a distance of 380 feet in a southerly this section are applicable to that part direction from the south side of Or- of the inland waterway from Delaware chard Beach Boulevard, and thence River to Chesapeake Bay, Del. and Md., flaring to a width of 300 feet at the between Reedy Point, Delaware River, southerly limit line. and Old Town Point Wharf, Elk River. (b) The regulations. (1) Vessels shall (b) Speed. No vessel in the waterway not anchor or moor within the re- shall be raced or crowded alongside an- stricted area. other vessel. Vessels of all types, in- (2) All vessels traversing the area cluding pleasure craft, are required to shall pass directly through without un- travel at all times at a safe speed necessary delay, and shall give sea- throughout the canal and its ap- planes the right-of-way at all times. proaches so as to avoid damage by suction or wave wash to wharves, land- [CGD 75–082, 42 FR 51759, Sept. 29, 1977, as ings, riprap protection, or other boats, amended by USCG–2008–0179, 73 FR 35016, or injury to persons. Pilots and vessel June 19, 2008] operators transiting the canal and its approaches are warned that violation § 162.20 Flushing Bay near La Guardia of this rule may result in having their Airport, Flushing, N.Y.; restricted privilege to transit the canal sus- area. pended. Passages of vessels through the (a) The area. An area in the main canal will be monitored and specific channel in Flushing Bay extending for cases will be investigated where dam- a distance of 300 feet on either side of age by suction or wave wash does the extended center line of Runway No. occur. Owners and operators of yachts, 13–31 at La Guardia Airport. motorboats, rowboats and other craft (b) The regulations. (1) All vessels tra- are cautioned that large deep draft versing the area shall pass directly ocean-going vessels and other large through without unnecessary delay. commercial vessels ply the canal, and (2) No vessels having a height of more such owners and operators should be than 35 feet with reference to the plane particularly careful to moor or anchor of mean high water shall enter or pass well away from the main ship channels, through the area whenever visibility is with moorings and lines which are suf- less than one mile. ficient and proper. (c) Right-of-way. All vessels pro- [CGD 75–082, 42 FR 51759, Sept. 29, 1977, as ceeding with the current shall have the amended by USCG–2011–0257, 76 FR 31838, right-of-way over those proceeding June 2, 2011] against the current. Large vessels or tows must not overtake and attempt to § 162.30 Channel of Tuckerton Creek, N.J.; navigation. pass other large vessels or tows in the waterway. All small pleasure craft (a) Power boats or other vessels pro- shall relinquish the right-of-way to pelled by machinery shall not proceed deeper draft vessels, which have a lim- at any time within the limits of these ited maneuvering ability due to their waters at a greater speed than 8 stat- draft and size. ute miles per hour. (d) Stopping in waterway. Vessels will not be permitted to stop or anchor in § 162.35 Channel of Christina River, the ship channel. Del.; navigation. (e) Water skiing. Water skiing in the (a) That vessels of over 20 tons capac- waterway is prohibited between Reedy ity, propelled by machinery, shall not Point and Welch Point. proceed at any time within the limits (f) Sailboats. Transiting the canal by of these waters at a greater speed than vessels under sail is not permitted be- 8 statute miles per hour. tween Reedy Point and Welch Point.

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NOTE: The Corps of Engineers also has reg- (ii) No vessel or raft will be allowed ulations dealing with this section in 33 CFR to use any portion of the fairway as a Part 207. mooring place except temporarily as authorized above without the written § 162.65 All waterways tributary to the Atlantic Ocean south of Chesapeake permission from the District Com- Bay and all waterways tributary to mander. the Gulf of Mexico east and south of (iii) When tied up, all vessels must be St. Marks, Fla. moored by bow and stern lines. Rafts (a) Description. This section applies to and tows shall be secured at suffi- the following: ciently close intervals to insure their (1) Waterways. All navigable waters of not being drawn away from the bank the United States, natural or artificial, by winds, currents or the suction of including bays, lakes, sounds, rivers, passing vessels. Tow lines shall be creeks, intracoastal waterways, as well shortened so that the different parts of as canals and channels of all types, the tow shall be as close together as which are tributary to or connected by possible. In narrow sections, no vessel other waterways with the Atlantic or raft shall be tied abreast of another. Ocean south of Chesapeake Bay or with (iv) Lights shall be displayed in ac- the Gulf of Mexico east and south of cordance with provisions of the Naviga- St. Marks, Florida. tion Rules, International-Inland, Com- (2) United States property. All river mandant Instruction M16672.2 (series). and harbor lands owned by the United (v) No vessel, even if fastened to the States in or along the waterways de- bank as prescribed in paragraph scribed in paragraph (a)(1) of this para- (b)(2)(i) of this section, shall be left graph, including lock sites and all without a sufficient crew to care for it structures thereon, other sites for Gov- properly. ernment structures and for the accom- (vi) Vessels will not be permitted to modation and use of employees of the load or unload in any of the land cuts United States, and rights of way and except as a regular established landing spoil disposal areas to the extent of or wharf without written permission Federal interest therein. secured in advance from the District (3) Vessels and rafts. The term ‘‘ves- Commander. sel’’ as used in this section includes all (vii) No vessel, regardless of size, floating things moved over these wa- shall anchor in a dredged channel or terways other than rafts. narrow portion of a waterway for the (b) Waterways—(1) Fairway. A clear purpose of fishing, if navigation is ob- channel shall at all times be left open structed, thereby. to permit free and unobstructed navi- (viii) Except in cases of emergency gation by all types of vessels and rafts the dropping of anchors, weights, or that normally use the various water- other ground tackle, within areas occu- ways or sections thereof. The District pied by submarine cable or pipe cross- Commander may specify the width of ings, is prohibited. Such crossings will the fairway required in the various wa- ordinarily be marked by signboards on terways under his charge. each bank of the shore or indicated on (2) Stoppage in waterway, anchorage or coast charts. mooring. (i) No vessels or rafts shall an- (3) Speed. (i) Vessels shall proceed at chor or moor in any of the land cuts or a speed which will not endanger other other narrow parts of the waterway, vessels or structures and will not inter- except in case of an emergency. When- fere with any work in progress incident ever it becomes necessary for a vessel to maintaining, improving, surveying or raft to stop in any such portions of or marking the channel. the waterway it shall be securely fas- (ii) Official signs indicating limiting tened to one bank and as close to the speeds through critical portions of the bank as possible. This shall be done waterways shall be strictly obeyed. only at such a place and under such (iii) Vessels approaching and passing conditions as will not obstruct or pre- through a bridge shall so govern their vent the passage of other vessels or speed as to insure passage through the craft. Stoppages shall be only for such bridge without damage to the bridge or periods as may be necessary. its fenders.

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(4) Assembly and handling of tows. (i) ments to a waterway, shall give the All vessels drawing tows and equipped signal for passing and slow down suffi- with rudders shall use two tow lines or ciently to stop if so ordered or if no an- a bridle and shorten them to the great- swering signal is received. On receiving est possible extent so as to have full the answering signal, they shall then control at all times. The various parts proceed to pass at a speed sufficiently of a tow shall be securely assembled slow to insure safe navigation. with the individual units connected by lines as short as practicable. If nec- NOTE: The Corps of Engineers also has regulations dealing with this section in 33 CFR essary, as in the case of lengthy or Part 207. cumbersome tows or tows in restricted channels, the District Commander may [CGD 75–082, 42 FR 51759, Sept. 29, 1977, as require that tows be broken up and amended by CGD 93–072, 59 FR 39963, Aug. 5, may require the installation of a rud- 1994; USCG–2000–7223, 65 FR 40058, June 29, der, drag or other approved steering de- 2000] vice on the tow in order to avoid ob- § 162.75 All waterways tributary to the structing navigation or damaging the Gulf of Mexico (except the Mis- property of others, including aids to sissippi River, its tributaries, South navigation maintained by the United and Southwest Passes and States or under its authorization, by Atchafalaya River) from St. Marks, collision or otherwise. Fla., to the Rio Grande. (ii) No tow shall be drawn by a vessel (a) The regulations in this section that has insufficient power or crew to shall apply to: permit ready maneuverability and safe (1) Waterways. All navigable waters of handling. the U.S. tributary to or connected by (iii) Tows desiring to pass a bridge other waterways with the Gulf of Mex- shall approach the opening along the ico between St. Marks, Fla., and the axis of the channel so as to pass Rio Grande, Tex. (both inclusive), and through without danger of striking the the Gulf Intracoastal Waterway; except bridge or its fenders. No vessel or tow the Mississippi River, its tributaries, shall navigate through a drawbridge South and Southwest Passes, and the until the movable span is fully opened. Atchafalaya River above its junction (iv) In the event that it is evident to with the Morgan City-Port Allen the master of a towing vessel that a Route. tow cannot be safely handled through a (2) Bridges, wharves, and other struc- bridge, it will be brought to anchor and tures. All bridges, wharves, and other the towed vessels will be taken through structures in or over these waterways. the bridge in small units, or singly if necessary, or the tow will wait until (3) Vessels. The term ‘‘vessels’’ as navigation conditions have improved used in this section includes all float- to such an extent that the tow can pass ing craft other than rafts. through the bridge without damage. (b) Waterways: (5) Projections from vessels. No vessel (1) A clear channel shall at all times carrying a deck load which overhangs be left open to permit free and unob- or projects over the side of said vessel, structed navigation by all types of ves- or whose rigging projects over the side sels and tows normally using the var- of the vessel so as to endanger passing ious waterways covered by the regula- vessels, wharves or other property, will tions of this section enter or pass through any of the nar- (2) Fairway: The District Commander row parts of the waterway. may specify the width of the fairway (6) Meeting and passing. Vessels, on required in the various waterways meeting or overtaking, shall give the under his charge. proper signals and pass in accordance (3) Anchoring or mooring: with the Navigation Rules, Inter- (i) Vessels or tows shall not anchor national-Inland, Commandant Instruc- or moor in any of the land cuts or tion M16672.2 (series). Rafts shall give other narrow parts of the waterway, to vessels the side demanded by proper except in an emergency, or with per- signal. All vessels approaching dredges mission of the District Commander. or other plant engaged on improve- Whenever it becomes necessary for a

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vessel or tow to stop in any such por- until tows which are less than one-half tions of the waterway, it shall be se- the channel width or 55 feet wide have curely fastened to one bank and as cleared the channel. When passing is close to the bank as possible. This shall necessary in narrow channels, be done only at such a place and under overwidth tows shall yield to the max- such conditions as will not obstruct or imum. Separate permission must be re- prevent the passage of other vessels or ceived from the District Commander tows. Stoppages shall be only for such for each overlength or overwidth move- periods as may be necessary. ment. In addition, the following excep- (ii) When tied up individually, all tions are allowed: vessels and tows shall be moored by (ii) Gulf Intracoastal Waterway—Be- bow and stern lines. Tows shall be se- tween mile 6.2 EHL (Inner Harbor Navi- cured at sufficiently frequent intervals gation Canal Lock) and mile 33.6 EHL to insure their not being drawn away tows of 78 feet in width will be allowed. form the bank by winds, currents, or (iii) Gulf Intercoastal Waterway—Be- the suction of passing vessels. Lines tween mile 33.6 EHL and the Mobile shall be shortened so that the various Bay Ship Channel, tows of 108 feet in barges in a tow will be as close to- width will be allowed if under 750 feet gether as possible. in length including the towboat but ex- (iii) Lights shall be displayed in ac- cluding the length of the hawser. cordance with provisions of the Naviga- (iv) Gulf Intracoastal Waterway—Mo- tion Rules, International-Inland, Com- bile Bay Ship Channel to St. Marks, mandant Instruction M16672.2 (series). Fla., for tows made up of empty barges (iv) Whenever any vessel or tow is on the off or shallow side, a width of 75 moored to the bank (paragraph (b)(3)(i) of this section) at least one crew mem- feet will be allowed. ber shall always remain on board to see (v) All vessels pulling tows not that proper signals are displayed and equipped with rudders in restricted that the vessel or tow is properly channels and land cuts shall use two moored at all times. towlines, or a bridle on one towline, (v) No vessel, regardless of size, shall shortened as much as safety of the tow- anchor in a dredged channel or narrow ing vessel permits, so as to have max- portion of a waterway for the purpose imum control at all times. The various of fishing if navigation is obstructed parts of a tow shall be securely assem- thereby. bled with the individual units con- (4) Speed: Speeding in narrow sec- nected by lines as short as practicable. tions is prohibited. Official signs indi- In open water, the towlines and fas- cating limited speeds shall be obeyed. tenings between barges may be length- Vessels shall reduce speed sufficiently ened so as to accommodate the wave to prevent damage when passing other surge. In the case of lengthy or cum- vessels or structures in or along the bersome tows, or tows in restricted waterway. channels, the District Commander may (5) Size, assembly, and handling of require that tows be broken up, and tows: may require the installation of a rud- (i) On waterways 150 feet wide or less, der or other approved steering device tows which are longer than 1,180 feet, on the tow in order to avoid obstruct- including the towing vessel, but ex- ing navigation or damaging the prop- cluding the length of the hawser, or erty of others. Pushing barges with wider than one-half of the bottom towing vessel astern, towing barges width of the channel or 55 feet, which- with towing vessel alongside, or push- ever is less will not be allowed, except ing and pulling barges with units of the when the District Commander has tow made up both ahead and astern of given special permission or the water- the towing vessel are permissible pro- way has been exempted from these re- vided that adequate power is employed strictions by the District Commander. to keep the tows under full control at Before entering any narrow section of all times. No tow shall be drawn by a the Gulf Intracoastal Waterway, tows vessel that has insufficient power or in excess of one-half the channel width, crew to permit ready maneuverability or 55 feet, will be required to stand by and safe handling.

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(vi) All tows navigating the Pass time required to terminate the emer- Manchac bridges in Louisiana are lim- gency. When so moored, all vessels ited to no more than two barges, not to shall be securely tied with bow and exceed a combined tow length of 400 stern lines of sufficient strength and feet (excluding the towboat). Vessel op- fastenings to withstand currents, erators for tows exceeding these limits winds, wave action, suction from pass- must request and receive permission ing vessels or any other forces which from the COTP New Orleans prior to might cause the vessels to break their navigating the bridges. Requests moorings. When vessels are so moored, should be made by telephoning the a guard shall be on board at all times COTP at 504–846–5923. Any decision to ensure that proper signals are dis- made by the COTP is final agency ac- played and that the vessels are se- tion. curely and adequately moored. (6) Projections from vessels: Vessels or tows carrying a deck load which (2) Vessels may be moored any time overhangs or projects over the side, or at facilities constructed in accordance whose rigging projects over the side, so with an approved navigation permit or as to endanger passing vessels, as authorized by the District Com- wharves, or other property, shall not mander. When so moored, each vessel enter or pass through any of the nar- shall have sufficient fastenings to pre- row parts of the waterway without vent the vessels from breaking loose by prior approval of the District Com- wind, current, wave action, suction mander. from passing vessels or any other (7) Meeting and passing: Passing ves- forces which might cause the vessel to sels shall give the proper signals and break its mooring. The number of ves- pass in accordance with the Inter- sels in one fleet and the width of the national Rules, the Navigation Rules, fleet of vessels tied abreast shall not International-Inland, Commandant In- extend into the fairway or be greater struction M16672.2 (Series), where ap- than allowed under the permit. plicable. At certain intersections where (3) Mariners should report imme- strong currents may be encountered, diately by radio or fastest available sailing directions may be issued means to the lockmaster at Old River through navigation bulletins or signs Lock or to any government patrol or posted on each side of the intersec- survey boat in the vicinity any emer- tions. gency mooring or vessels drifting un- NOTE: The Corps of Engineers also has reg- controlled within the area described in ulations dealing with this section in 33 CFR paragraph (a)(1) of this section. It is 207. the responsibility and duty of the mas- [CGD 75–082, 42 FR 51759, Sept. 29, 1977, as ter of a towing vessel releasing or amended by CGD 78–050, 45 FR 43167, June 26, mooring a vessel in this reach of the 1980; USCG–2000–7223, 65 FR 40058, June 29, 2000; USCG–2008–0179, 73 FR 35016, June 19, Mississippi River to report such action 2008] immediately. (b) Mooring on Mississippi River below § 162.80 Mississippi River below mouth Baton Rouge, La., including South and of Ohio River, including South and Southwest Passes. (1) When tied up indi- Southwest passes. vidually or in fleets, vessels shall be (a) Mooring on the Mississippi River be- moored with sufficient lines and shore tween miles 311.5 AHP and 340.0 AHP. (1) fastenings to insure their remaining in No vessel or craft shall moor along ei- place and withstanding the action of ther bank of the Mississippi River be- winds, currents and the suction of pass- tween miles 311.5 AHP and mile 340.0 ing vessels. 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

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NOTE: The Corps of Engineers also has reg- (b) Waterways: ulations dealing with this section in 33 CFR (1) Fairway. A clear channel shall at Part 207. all times be left open to permit free (Sec. 7, 38 Stat. 1053, as amended, (33 U.S.C. and unobstructed navigation by all 471); Sec. 6(g)(1)(A) 80 Stat 937, (49 U.S.C. types of vessels and rafts that nor- 1655(g)(1)(A); Sec. 12, 92 Stat. 1471, (33 U.S.C. 1231); 49 CFR 1.46 (c)(1) and (n)(4)) mally use the various waterways or sections thereof. The District Com- [CGD 75–082, 42 FR 51759, Sept. 29, 1977, as mander may specify the width of the amended by CGD 77–028, 46 FR 49851, Oct. 8, 1981; CGD8 87–09, 53 FR 15555, May 2, 1988] fairway required in the waterways under his charge. § 162.85 Yazoo Diversion Canal, Vicks- (2) Anchoring or mooring in waterway. burg, Miss., from its mouth at (i) No vessels or rafts shall anchor or Kleinston Landing to Fisher Street; moor in any of the land cuts or other navigation. narrow parts of the waterway, except (a) Speed. Excessive speeding is pro- in an emergency. Whenever it becomes hibited. A vessel shall reduce its speed necessary for a vessel or raft to stop in sufficiently to prevent any damage any such portions of the waterway, it when approaching another vessel in shall be securely fastened to one bank motion or tied up, a wharf or other structure, works under construction, and as close to the bank as possible. plant engaged in river and harbor im- This shall be done only at such a place provement, levees, floodwalls with- and under such conditions as will not standing floodwaters, buildings sub- obstruct or prevent the passage of merged or partially submerged by high other vessels or rafts. Stoppages shall waters, or any other structure or im- be only for such periods as may be nec- provement likely to be damaged by col- essary. lision, suction, or wave action. (ii) Except temporarily, as authorized in paragraph (b)(2)(i) of this section, no NOTE: The Corps of Engineers also has regulations dealing with this section in 33 CFR vessel or raft will be allowed to use any Part 207. portion of the fairway as a mooring place without written permission from § 162.90 White River, Arkansas Post the District Commander. Canal, Arkansas River, and Verdi- (iii) When tied up individually, all gris River between Mississippi River, Ark., and Catoosa, Okla.; use, vessels shall be moored by bow and administration, and navigation. stern lines. Rafts and tows shall be se- (a) The regulations in this section cured at sufficiently close intervals to shall apply to: insure their not being drawn away (1) Waterways. White River between from the bank by winds, currents, or Mississippi River and Arkansas Post the suction of passing vessels. Towlines Canal, Ark.; Arkansas Post Canal, shall be shortened so that the different Ark.; Arkansas River between Arkan- parts of the tow will be as close to- sas Post Canal, Ark., and Verdigris gether as possible. In narrow sections, River, Okla.; Verdigris River between no vessel or raft shall be tied abreast of Arkansas River and Catoosa, Okla.; another if the combined width of ves- and reservoirs on these waterways be- sels or rafts is greater than 70 feet. tween Mississippi River Ark., and (iv) When a vessel is moored under an Catoosa, Okla. emergency condition, as provided in (2) Bridges, wharves and other struc- paragraph (b)(2)(i) of this section, at tures. All bridges, wharves, and other least one crew member shall remain in structures in or over the waterways de- attendance to display proper lights and scribed in paragraph (a)(1) of this sec- signals and tend the mooring lines. The tion. crew member shall be provided with an (3) Vessels and rafts. The term ‘‘ves- adequate means of communication or sels’’ as used in this section includes signalling a warning in the event that, every description of watercraft used, or capable of being used, as a means of for any reason, the vessel or tow should transportation on water, other than go adrift. Immediately after comple- rafts. tion of the emergency mooring, the

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lockmaster of the first lock down- connected by lines as short as prac- stream shall be notified of the char- ticable. In open water, the towlines and acter and cargo of the vessel and the fastenings between barges may be location of such mooring. lengthened so as to accommodate the (v) Vessels will not be permitted to wave surge. In the case of length or load or unload in any of the land cuts, cumbersome tows, or tows in restricted except at a regular established landing channels, the District Commander may or wharf, without written permission require that tows be broken up, and secured in advance from the District may require the installation of a rud- Commander. der or other approved steering device (vi) Except in an emergency, no ves- on the tow in order to avoid obstruct- sel or raft shall anchor over revetted ing navigation or damaging the prop- banks of the waterway, nor shall any erty of others. Pushing barges with type vessel except launches and other towing vessel astern, towing barges small craft land against banks pro- with towing vessel alongside, or push- tected by revetment except at regular ing and pulling barges with units of the commercial landings. tow made up both ahead and astern of (3) Speed. (i) Excessive speed in nar- the towing vessel is permissible pro- row sections is prohibited. Official vided that adequate power is employed signs indicating limiting speeds to keep the tow under full control at through critical sections shall be all times. strictly obeyed. (ii) No tow shall be drawn by a vessel (ii) When approaching and passing that has insufficient power or crew to through a bridge, all vessels and rafts, permit ready maneuverability and safe regardless of size, shall control their handling. speed so as to insure that no damage (iii) No vessel or tow shall navigate will be done to the bridge or its fend- through a drawbridge until the mov- ers. able span is fully opened. (iii) Within the last mile of approach to unattended, normally open auto- (5) Projections from vessels. No vessels matic, movable span bridges, the factor carrying a deck load which overhangs of river flow velocity, of vessel (and or projects over the side, or whose rig- tow) velocity, and of vessel power and ging projects over the side, so as to en- crew capability are never to be per- danger passing vessels, wharves, or mitted to result in a condition whereby other property, shall enter or pass the movement of vessel (and tow) can- through any of the narrow parts of the not be completely halted or reversed waterway. within a 3-minute period. (6) Meeting and passing. Vessels on (iv) A vessel shall reduce its speed meeting or overtaking shall give the sufficiently to prevent any damage proper signals and pass in accordance when approaching another vessel in with the Inland Rules and the Pilot motion or tied up, a wharf or other Rules for Inland Waters. Rafts shall structure, works under construction, give to vessels the side demanded by plant engaged in river and harbor improper signal. All vessels approaching provement, levees withstanding flood- dredges or other plant engaged on im- waters, buildings submerged or par- provements to a waterway shall give tially submerged by high waters, or the signal for passing and slow down any other manner of structure or im- sufficiently to stop if so ordered or if provements likely to be damaged by no answering signal is received. On re- collision, suction, or wave action. ceiving the answering signal, they (4) Assembly and handling of tows. (i) shall then pass at a speed sufficiently All vessels drawing tows not equipped slow to insure safe navigation. Vessels with rudders in restricted channels and approaching an intersection or bend land cuts shall use two towlines, or a where the view is obstructed must ex- bridle on one towline, shortened to the ercise due caution. At certain intersec- greatest possible extent so as to have tions where strong currents may be en- maximum control at all times. The countered, sailing directions may be various parts of a tow shall be securely issued from time to time through navi- assembled with the individual units gation bulletins or signs posted on each

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side of the intersections which must be and levees are endangered, the District observed. Commander in charge of the locality shall have the authority to declare the NOTE: The Corps of Engineers also has regulations dealing with this section in 33 CFR reach of the river closed to navigation Part 207. or to prescribe temporary speed regulations whenever it appears to him that [CGD 75–082, 42 FR 51759, Sept. 29, 1977, as such action is necessary to prevent im- amended by USCG–2008–0179, 73 FR 35016, June 19, 2008] mediate human suffering or to miti- gate major property damage or de- § 162.100 Ohio River at Louisville, KY. struction from wave action. The period of closure and all speed regulations (a) Emergency Mooring Buoys. The U.S. Army Corp of Engineers has estab- prescribed by the District Commander lished four pairs of emergency mooring shall be for the duration of the emer- bouys. Each buoy is 10 feet in diameter gency as determined by the District with retro-reflective sides. The two Commander and shall be terminated at buoys which comprise each pair are 585 the earliest practicable time that im- feet apart and are located approxi- proved river conditions permit. mately at: [CGD 75–082, 42 FR 51759, Sept. 29, 1977, as (1) Indiana Bank—Mile 582.3 (near 18 amended by USCG–1998–3799, 63 FR 35532, Mile Island); June 30, 1998] (2) Six Mile Island—Mile 597.5; (3) Six Mile Island—Mile 598.2; and § 162.110 Duluth-Superior Harbor, Minnesota and Wisconsin. (4) Kentucky Bank—Mile 599.8 (Cox’s Park). (a) No vessel greater than 100 feet in length may exceed 8 miles per hour in NOTE: All buoys, except those at Six Mile Duluth-Superior Harbor. Island—Mile 598.2, are removed between May (b) In the Duluth Ship Canal: 1 and September 30. Due to the close proximity of the municipal water intakes, moor- (1) No vessel may meet or overtake ing of tank vessels laden with petroleum another vessel if each vessel is greater products or hazardous materials is not au- than 150 feet in length (including tug thorized on the Kentucky Bank, Mile 599.8 and tow combinations). (Cox’s Park). (2) An inbound vessel has the right of (b) The regulations. A vessel must not way over an outbound vessel. use the emergency mooring buoys that [CGD 79–151, 46 FR 7960, Jan. 26, 1981] have been established by the U.S. Army Corps of Engineers, unless spe- § 162.115 Keweenaw Waterway, Mich. cifically authorized. The Captain of the No vessel greater than 40 feet in Port, upon request, may authorize the length may exceed 8 miles per hour be- use of the emergency mooring buoys by tween Lily Pond and Pilgrim Point. downbound towing vessels that are awaiting Vessel Traffic Center ap- [CGD 79–151, 46 FR 7960, Jan. 26, 1981, as proval to proceed. amended by CGD 09–00–010, 65 FR 53595, Sept. 5, 2000] [CGD 90–020, 59 FR 36333, July 15, 1994] § 162.117 St. Marys River, Sault Ste. § 162.105 Missouri River; administra- Marie, Michigan. tion and navigation. (a) The area. The waters of the St. (a) Supervision. The District Com- Marys River and lower Whitefish Bay mander, Eighth Coast Guard District, from 45°57′ N. (De Tour Reef Light) to has certain administrative supervision the south, to 46°38.7′ N. (Ile Parisienne overreaches of the river within the lim- Light) to the north, except the waters its of his district and is charged with of the St. Marys Falls Canal, and to the enforcement under his direction of the east along a line from La Pointe to emergency regulations to govern navi- Sims Point, within Potagannissing Bay gation on the river. and Worsley Bay. (b) Navigation. During critical flood (b) Definitions. As used in this sec- stages on any particular limited reach tion: of the Missouri River when lives, float- Two-way route means a directional ing plant, or major shore installations route within defined limits inside

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which two-way traffic is established, land Twins from Watson Reefs Light to and which is intended to improve safe- Sweets Point—upbound traffic only. ty in waters where navigation is dif- (2) A vessel 350 feet or more in length ficult. must not overtake or approach within Two-way traffic means that traffic .2 nautical miles of another vessel pro- flow is permitted in opposing direc- ceeding in the same direction in the tions, but a vessel may not meet, cross, following waterways: nor overtake any other vessel in such a (i) West Neebish Channel between manner that it would be abreast of Nine Mile Point and Munuscong Lake more than one other vessel within the Junction Lighted Bell Buoy; defined limits of a waterway. (ii) Middle Neebish Channel between (c) Anchoring Rules. Munuscong Lake Junction Lighted Bell (1) A vessel must not anchor: Buoy and Nine Mile Point; and (i) within the waters between Brush (iii) Little Rapids Cut from Six Mile Point and the waterworks intake crib Point to Buoy ‘‘102’’. off Big Point southward of the Point (3) When two-way traffic is author- Aux Pins range; or ized in Middle Neebish Channel, a ves- (ii) within 0.2 nautical miles of the sel 350 feet or more in length must not intake crib off Big Point. meet, cross, or overtake another vessel (2) In an emergency, vessels may an- at: chor in a dredged channel. Vessels shall (i) Johnson Point from Buoy ‘‘18’’ to anchor as near to the edge of the chan- Buoy ‘‘22’’; nel as possible and shall get underway (ii) Mirre Point from Buoy ‘‘26’’ to as soon as the emergency ceases, unless Buoy ‘‘28’’; or otherwise directed. Vessel Traffic Serv- (iii) Stribling Point from Buoy ‘‘39’’ ices St. Marys River must be advised of to Buoy ‘‘43’’. any emergency anchoring as soon as is (4) Paragraph (d)(2) of this section practicable. does not apply to a vessel navigating (3) Vessels collected in any part of through an ice field. the VTS Area by reason of temporary closure of a channel or an impediment (e) Winter Navigation. During the win- to navigation shall get underway and ter navigation season, the following depart in the order in which they ar- waterways are normally closed: rived, unless otherwise directed by Ves- (1) West Neebish Channel, from Buoy sel Traffic Service St. Marys River. ‘‘53’’ to Buoy ‘‘1’’; Vessel Traffic Service St. Marys River (2) Pipe Island Passage to the east of may advance any vessel in the order of Pipe Island Shoal; and departure to expedite the movement of (3) North of Pipe Island Twins, from mails, passengers, cargo of a perishable Watson Reef Light to Sweets Point. nature, to facilitate passage of vessels (f) Alternate Winter Navigation Routes. through any channel by reason of spe- (1) When West Neebish Channel is cial circumstance, or to facilitate pas- closed, Middle Neebish Channel (from sage through the St. Marys Falls Buoy ‘‘2’’ to Buoy ‘‘76’’) will be open ei- Canal. ther as a two-way route or an alter- (d) Traffic Rules. (1) A vessel must nating one way traffic lane. proceed only in the established direc- (i) When Middle Neebish Channel is a tion of traffic flow in the following two-way route: waters: (A) An upbound vessel must use the (i) West Neebish Channel from Buoy easterly 197 feet of the channel. How- ‘‘53’’ to Buoy ‘‘1’’—downbound traffic ever, a vessel of draft 20 feet or more only; must not proceed prior to Vessel Traf- (ii) Pipe Island Course from Sweets fic Center approval; and Point to Watson Reefs Light- (B) A downbound vessel must use the downbound traffic only. westerly 295 feet of the channel. (iii) Middle Neebish Channel from (ii) When Middle Neebish Channel is Buoy ‘‘2’’ to Buoy ‘‘76’’—upbound traf- an alternating one-way traffic lane. A fic only; and vessel must use the westerly 295 feet of (iv) Pipe Island Passage to the east of the channel in the established direc- Pipe Island Shoal and north of Pipe Is- tion of traffic flow.

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(2) When Pipe Island Passage is (h) Towing Requirement. A towing ves- closed, Pipe Island Course is a two-way sel must: (1) Maintain positive control route. of its tow south of Gros Cap Reef Light; (2) Not impede the passage of any NOTE: The Vessel Traffic Service closes or other vessel; opens these channels as ice conditions require after giving due consideration to the (3) Not tow a vessel of 200 feet or less protection of the marine environment, wa- in length with a tow line longer than terway improvements, aids to navigation, 250 feet; and the need for cross channel traffic (e.g., fer- (4) Not tow a vessel of 200 feet or ries), the availability of icebreakers, and the more in length with a tow line longer safety of the island residents who, in the than the length of the towed vessel course of their daily business, must use nat- plus 50 feet. urally formed ice bridges for transportation to and from the mainland. Under normal sea- [CGD 90–020, 59 FR 36333, July 15, 1994, as sonal conditions, only one closing each win- amended by CGD 95–033, 60 FR 28333, May 31, ter and one opening each spring are antici- 1995; USCG–1998–3799, 63 FR 35532, June 30, pated. Prior to closing or opening these 1998; USCG–2003–15404, 68 FR 37741, June 25, channels, interested parties including both 2003] shipping entities and island residents, will be given at least 72 hours notice by the Coast § 162.120 Harbors on Lake Michigan. Guard. (a) No vessel greater than 40 feet in (g) Speed Rules. (1) The following length may exceed 8 miles per hour in speed limits indicate speed over the the harbors of Michigan City, Indiana; ground. Vessels must adhere to the fol- St. Joseph, South Haven, Saugatuck, lowing speed limits: Holland (Lake Macatawa), Grand Haven, Muskegon, White Lake, TABLE 162.117(g)—ST. MARYS RIVER SPEED Pentwater, Ludington, Manistee, Por- RULES tage Lake (Manistee County), Frank- fort, Charlevois, and Petroskey, Michi- Maximum speed limit between Mph Kts gan. De Tour Reef Light and Sweets Point (b) No vessel greater than 40 feet in Light ...... 14 12.2 length may exceed 4 miles per hour in Round Island Light and Point Aux Frenes the harbors of Menominee, Michigan Light ‘‘21’’ ...... 14 12.2 Munuscong Lake Lighted Buoy ‘‘8’’ and and Wisconsin; Algoma, Kewaunee, Everens Point ...... 12 10.4 Two Rivers, Manitowac, Sheboygan, Everens Point and Reed Point ...... 9 7.8 Port Washington, Milwaukee, Racine, Reed Point and Lake Nicolet Lighted Kenosha and Green Bay, Wisconsin; Buoy ‘‘62’’ ...... 10 8.7 Lake Nicolet Lighted Buoy ‘‘62’’ and Lake and Waukegan, Illinois. Nicolet Light ‘‘80’’ ...... 12 10.4 [CGD 79–151, 46 FR 7960, Jan. 26, 1981] Lake Nicolet Light ‘‘80’’ and Winter Point (West Neebish Channel) ...... 10 8.7 Lake Nicolet Light ‘‘80’’ and Six Mile Point § 162.125 Sturgeon Bay and the Stur- Range Rear Light ...... 10 8.7 geon Bay Ship Canal, Wisc. Six Mile Point Range Rear Light and lower limit of the St. Marys Falls Canal (a) In the Sturgeon Bay Ship Canal: Upbound ...... 8 7.0 (1) No vessel may exceed 5 miles per Downbound ...... 10 8.7 hour. Upper limit of the St. Marys Falls Canal (2) No vessel greater than 150 feet in and Point Aux Pins Main Light ...... 12 10.4 length (including tug and tow combina- Note: A vessel must not navigate any dredged channel at a tions) may come about. speed of less than 5 statute miles per hour (4.3 knots). (3) No vessel 65 feet or greater in (2) Temporary speed limit regula- length (including tug and tow combinations may be established by Com- tions) may either: manding Officer Vessel Traffic Service (i) Enter or pass through the canal St. Marys River. Notice of the tem- two or more abreast; or porary speed limits and their effective (ii) Overtake another vessel. dates and termination are published in (4) No vessel may anchor or moor un- the FEDERAL REGISTER and Local No- less given permission to do so by the tice to Mariners. These temporary Captain of the Port. speed limits, if imposed, will normally (5) Each vessel must keep to the cen- be placed in effect and terminated dur- ter, except when meeting or overtaking ing the winter navigation season. another vessel.

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(b) In Sturgeon Bay and the Sturgeon (i) Sailing vessels of 20 meters or Bay Ship Canal: more in length; (1) Each laden vessel under tow must (ii) Power driven vessels of 55 meters be towed with at least two towlines. or more in length; Each towline must be shortened to the (iii) Vessels engaged in towing an- extent necessary to provide maximum other vessel astern, alongside or by control of the tow. pushing ahead; and (2) Each unladen vessel may be towed (iv) Each dredge and floating plant. with one towline. (c) Definitions. As used in §§ 162.130 (3) No towline may exceed 100 feet in length. through 162.140: (4) No vessel may tow another vessel Captain of the Port means the United alongside. States Coast Guard Captain of the Port (5) No vessel may tow a raft greater of Detroit, Michigan. than 50 feet in width. Detroit River means the connecting waters from Windmill Point Light to NOTE: The Corps of Engineers also has regulations dealing with these areas in 33 CFR the lakeward limits of the improved Part 207. navigation channels at the head of Lake Erie. [CGD 79–151, 46 FR 7960, Jan. 26, 1981] District Commander means Com- § 162.130 Connecting waters from Lake mander, Ninth Coast Guard District, Huron to Lake Erie; general rules. Cleveland, Ohio. (a) Purpose. The regulations in Master means the master or operator, §§ 162.130 through 162.140 prescribe rules the person designated by the master or for vessel operation in U.S. waters con- operator to navigate the vessel, or, on necting Lake Huron to Lake Erie (in- a vessel not requiring persons holding cluding the River Rouge) to prevent licenses or merchant mariner creden- collisions and groundings, to protect tial officer endorsements, the person in waterway improvements, and to pro- command of the vessel. tect these waters from environmental River Rouge means the waters of the harm resulting from collisions and Short Cut Canal and the River Rouge groundings. from Detroit Edison Cell Light 1 to the NOTE: The Canadian Government has head of navigation. issued similar regulations which apply in the St. Clair River means the connecting Canadian portion of the waterway. Provi- waters from the lakeward limit of the sions which apply only in Canadian waters improved navigation channel at the are noted throughout the text. lower end of Lake Huron to St. Clair (b) Applicability. (1) Unless otherwise Flats Canal Light 2. specified, the rules in §§ 162.130 through SARNIA TRAFFIC means the Cana- 162.140 apply to all U.S. vessels and all dian Coast Guard traffic center at other vessels in U.S. waters. Sarnia Ontario. (2) The speed rules in § 162.138 apply (d) Laws and regulations not affected. to vessels 20 meters or more in length. The regulations in §§ 162.130 through (3) The communication rules in 162.140 do not relieve the owners or op- § 162.132, the traffic rules in § 162.134, ex- erators of vessels from complying with cept for § 162.134(c)(2), and the anchor- any other laws or regulations relating age rules in § 162.136 apply to the fol- to navigation on the Great Lakes and lowing vessels: (i) Vessels of 20 meters or more in their connecting or tributary waters. length; (e) Delegations. The District Com- (ii) Commercial vessels more than 8 mander, in coordination with appro- meters in length engaged in towing an- priate Canadian officials, may make other vessel astern, alongside, or by local arrangements that do not conflict pushing ahead; and with these regulations in the interest (iii) Each dredge and floating plant. of safety of operations, to facilitate (4) The traffic rules contained in traffic movement and anchorage, to § 162.134(c)(2) apply to the following ves- avoid disputes as to jurisdiction and to sels:

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take necessary action to render assist- TABLE I—Continued ance in emergencies. This authority Downbound Upbound may be redelegated. vessels Reporting points vessels

[CGD 78–151, 49 FR 18301, Apr. 30, 1984; 49 FR Report ...... Belle Isle Light 26722, June 29, 1984, as amended by CGD 85– Report ...... Grassy Island Light ...... Report. 060, 51 FR 17016, May 8, 1986; CGD 93–024, 58 Report ...... Detroit River Light ...... Report. FR 59365, Nov. 9, 1993; USCG–2006–24371, 74 FR 11213, Mar. 16, 2009] (f) Additional traffic reports. (1) A report shall be made upon leaving any § 162.132 Connecting waters from Lake dock, mooring, or anchorage, in the Huron to Lake Erie; communications rules. Detroit River, Lake St. Clair, and the St. Clair River except for— (a) Radio listening watch. The master (i) Ferries on regular runs; and of each vessel required to comply with (ii) Vessels in the River Rouge. this section shall continuously mon- (2) A report shall be made before ma- itor: neuvering to come about. (1) Channel 11 (156.55 mhz) between (3) A report shall be made— Lake Huron Cut Lighted Buoy 11 and (i) 20 minutes before entering or de- Lake St. Clair Light; and parting the River Rouge; and (2) Channel 12 (156.60 mhz) between (ii) Immediately before entering or Lake St. Clair Light and Detroit River departing the River Rouge. Light. (g) Report of impairment or other haz- (b) Radiotelephone equipment. Reports ard. The master of a vessel shall report required by this section shall be made to SARNIA TRAFFIC as soon as pos- by the master using a radiotelephone sible: capable of operation on a vessel’s navi- (1) Any condition on the vessel that gation bridge, or in the case of a may impair its navigation, including dredge, from its main control station. but not limited to: fire, defective steer- (c) English language. Reports required ing equipment, or defective propulsion by this section shall be made in the machinery. English language. (2) Any tow that the towing vessel is (d) Traffic reports. (1) Reports re- unable to control, or can control only quired by this section shall be made to with difficulty. SARNIA TRAFFIC on the frequency (h) Exemptions. Compliance with this designated for the radio listening section is not required when a vessel’s watch in paragraph (a) of this section. radiotelphone equipment has failed. (2) Reports shall include the name of the vessel, location, intended course of [CGD 78–151, 49 FR 18301, Apr. 30, 1984; 49 FR action, and ETA at next reporting 26722, June 29, 1984, as amended by CGD 85– 060, 51 FR 17016, May 8, 1986; CGD 85-060, 51 point. FR 37274, Oct. 21, 1986] (e) Permanent reporting points. The master of each vessel to which this sec- § 162.134 Connecting waters from Lake tion applies shall report as required by Huron to Lake Erie; traffic rules. paragraph (d) of this section at the lo- (a) Detroit River. The following traffic cation indicated in Table I. rules apply in the Detroit River: (1) The West Outer Channel is re- TABLE I stricted to downbound vessels. (2) The Livingston Channel, west of Downbound Reporting points Upbound vessels vessels Bois Blanc Island, is restricted to Report ...... 30 Minutes North of Lake downbound vessels. Huron Cut. Lighted Horn Buoy ‘‘11’’ NOTE: The Amherstburg Channel, in Cana- Report ...... Lake Huron Cut Light ‘‘7’’ dian waters east of Bois Blanc Island, is nor- Lake Huron Cut Lighted Buoy Report. mally restricted to upbound vessels. No ves- ‘‘1’’. sel may proceed downbound in the Report ...... St. Clair/Black River Junction Report. Amherstburg Channel without authorization Light. from the Regional Director General. Stag Island Upper Light ...... Report. Report ...... Marine City Salt Dock Light ... Report. (3) Between Fighting Island Channel Report ...... Grande Pointe Light ‘‘23’’ St. Clair Flats Canal Light ‘‘2’’ Report. South Light and Bar Point Pier Light Report ...... Lake St. Clair Light ...... Report. 29D, no vessels shall meet or overtake

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in such a manner that more than two rather than displacement of its weight vessels would be abreast at any time. in the water, to an extent such that the (4) Between the west end of Belle Isle wake which would otherwise be gen- and Peche Island Light, vessels may erated by the vessel is significantly re- only overtake vessels engaged in tow- duced. ing. (b) River Rouge. In the River Rouge, [CGD 78–151, 49 FR 18302, Apr. 30, 1984; 49 FR 26722, June 29, 1984, as amended by CGD 09– no vessel shall overtake another vessel. 95–002, 60 FR 35701, July 11, 1995] (c) St. Clair River. The following traffic rules apply in the St. Clair River: § 162.136 Connecting waters from Lake (1) Between St. Clair Flats Canal Huron to Lake Erie; anchorage Light 2 and Russell Island Light 33, grounds. vessels may only overtake vessels en- (a) In the Detroit River, vessels shall gaged in towing. be anchored so as not to swing into the (2) Between Lake Huron Cut Lighted channel or across steering courses. Buoy 1 and Port Huron Traffic Lighted Buoy there is a zone of alternating one NOTE: There is an authorized anchorage in way traffic. Masters shall coordinate Canadian waters just above Fighting Island their movements in accordance with and an authorized anchorage in U.S. waters the following rules; south of Belle Isle (33 CFR 110.206). (i) Vessels shall not overtake. (b) In the St. Clair River, vessels (ii) Vessels shall not come about. shall be anchored so as not to swing (iii) Vessels shall not meet. into the channel or across steering (iv) Downbound vessels which have courses. passed Lake Huron Cut Lighted Buoy 7 have the right of way over upbound [CGD 78–151, 49 FR 18302, Apr. 30, 1984, as vessels which have not reached the amended by CGD 85–060, 51 FR 17016, May 8, 1986] Port Huron Traffic Lighted Buoy. Upbound vessels awaiting transit of § 162.138 Connecting waters from Lake downbound vessels will maintain posi- Huron to Lake Erie; speed rules. tion south of the Port Huron Traffic Lighted Buoy. (a) Maximum speed limit for vessels in (v) Vessels transiting the zone shall normal displacement mode. (1) Except coordinate passage by using commu- when required for the safety of the ves- nication procedures in § 162.132. sel or any other vessel, vessels of 20 (vi) Transiting vessels shall have the meters or more in length operating in right of way over moored vessels get- normal displacement mode shall pro- ting underway within the zone. ceed at a speed not greater than— (d) In the waters described in (i) 12 statute miles per hour (10.4 § 162.130(a), the District Commander or knots) between Fort Gratiot Light and Captain of the Port may establish tem- St. Clair Flats Canal Light 2; porary traffic rules for reasons which (ii) 12 statute miles per hour (10.4 include but are not limited to: channel knots) between Peche Island Light and obstructions, winter navigation, un- Detroit River Light; and usual weather conditions, or unusual (iii) 4 statute miles per hour (3.5 water levels. knots) in the River Rouge. (e) The requirements of this section (2) The maximum speed limit is 5.8 do not apply to public vessels of the statute miles per hour (5 knots) in the U.S. or Canada engaged in icebreaking navigable channel south of Peche Is- or servicing aids to navigation or to land (under Canadian jurisdiction). vessels engaged in river and harbor im- (b) Maximum speed limit for vessels op- provement work. erating in nondisplacement mode. (1) Ex- (f) The prohibitions in this section on cept when required for the safety of the overtaking in certain areas do not vessel or any other vessel, vessels 20 apply to vessels operating in the non- meters or more in length but under 100 displacement mode. In this section, gross tons operating in the non- ‘‘nondisplacement mode’’ means a displacement mode and meeting the re- mode of operation in which the vessel quirements set out in paragraph (c) of is supported by hydrodynamic forces, this section, may operate at a speed

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not exceeding 40 miles per hour (34.8 § 162.145 Monroe Harbor, Mich. knots)— (a) In the lake channel, no vessel (i) During daylight hours (sunrise to greater than 40 feet in length may ex- sunset); ceed 10 miles per hour. (ii) When conditions otherwise safely (b) In the river channel: allow; and (1) No vessel greater than 40 feet in (iii) When approval has been granted length may exceed 6 miles per hour. by the Coast Guard Captain of the (2) No vessel may use a towline ex- Port, Detroit or Commander of the ceeding 200 feet in length. Ninth Coast Guard District prior to each transit of the area. [CGD 79–151, 46 FR 7960, Jan. 26, 1981] (2) In this section, ‘‘nondisplacement § 162.150 Maumee Bay and River, Ohio. mode’’ means a mode of operation in which the vessel is supported by hydro- (a) In Maumee Bay (lakeward of dynamic forces, rather than displace- Maumee River Lighted Buoy 49(L/L No. ment of its weight in the water, to an 770)), no vessel greater than 100 feet in extent such that the wake which would length may exceed 12 miles per hour. otherwise be generated by the vessel is (b) In Maumee River (inward of significantly reduced. Maumee River Lighted Buoy 49(L/L No. 770)): (c) Unsafe vessels. The Captain of the Port or the District Commander may (1) No vessel greater than 40 feet in length may exceed 6 miles per hour. deny approval for operations under paragraph (b) of this section if it ap- (2) No vessel greater than 100 feet in length (including tug and tow combina- pears that the design and operating tions) may overtake another vessel. characteristics of the vessels in ques- tion are not safe for the designated wa- [CGD 79–151, 46 FR 7960, Jan. 26, 1981] terways, or if it appears that operations under this section have become § 162.155 Sandusky and Huron Har- unsafe for any reason. bors, Ohio. (d) Temporary speed limits. The Dis- (a) In Sandusky Harbor, no vessel trict Commander may temporarily es- greater than 40 feet in length may ex- tablish speed limits or temporarily ceed 10 miles per hour. amend existing speed limit regulations (b) In Huron Harbor, no vessel great- on the waters described in § 162.130(a). er than 40 feet in length may exceed 6 miles per hour, except in the outer har- [CGD 09–95–002, 60 FR 35702, July 11, 1995] bor where no vessel greater than 40 feet in length may exceed 10 miles per hour. § 162.140 Connecting waters from Lake Huron to Lake Erie; miscellaneous NOTE: The Corps of Engineers also has reg- rules. ulations dealing with these areas in 33 CFR Part 207. (a) Rules for towing vessels. (1) A towing vessel may drop or anchor its tows [CGD 79–151, 46 FR 7960, Jan. 26, 1981] only in accordance with the provisions of § 162.136. § 162.160 Vermilion, Lorain, Cleveland, Fairport, Ashtabula, and Conneaut (2) A towing vessel engaged in ar- Harbors, Ohio. ranging its tow shall not obstruct the (a) In Vermilion Harbor, no vessel navigation of other vessels. may exceed 6 miles per hour. (b) Pilots. In the St. Clair River be- (b) In Lorain, Cleveland, Fairport, tween Lake Huron Cut Lighted Buoy 1 Ashtabula, and Conneaut Harbors, no and Port Huron Traffic Lighted Buoy, vessel may exceed 6 miles per hour, ex- vessels shall not take on, discharge, or cept in the outer harbors, where no exchange pilots unless weather condi- vessel may exceed 10 miles per hour. tions would make the maneuver unsafe in the customary pilot area. NOTE: The Corps of Engineers also has regulations dealing with these areas in 33 CFR [CGD 78–151, 49 FR 18302, Apr. 30, 1984] Part 207. [CGD 79–151, 46 FR 7960, Jan. 26, 1981]

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§ 162.165 Buffalo and Rochester Har- § 162.200 Marina del Rey, Calif.; re- bors, New York. stricted area. In Buffalo and Rochester Harbors, no (a) The area. That portion of the Pa- vessel may exceed 6 miles per hour, ex- cific Ocean lying shoreward of the off- cept in the outer harbors where no ves- shore breakwater and the most sea- sel may exceed 10 miles per hour. ward 1,000 feet of the entrance channel between the north and south jetties, NOTE: The Corps of Engineers also has regulations dealing with these areas in 33 CFR and basically outlined as follows: Part 207. Station Latitude North Longitude West [CGD 79–151, 46 FR 7960, Jan. 26, 1981] A ...... 33°57′46.0″ 118°27′39.5″ B ...... 33°57′52.3″ 118°27′43.6″ § 162.175 Black Rock Canal and Lock C ...... 33°57′48.6″ 118°27′48.8″ at Buffalo, New York. D ...... 33°57′29.8″ 118°27′34.7″ E ...... 33°57′30.9″ 118°27′29.1″ In the Black Rock Canal and Lock, F ...... 33°57′37.4″ 118°27′33.8″ no vessel may exceed 6 miles per hour. G ...... 33°57′42.4″ 118°27′23.0″ H ...... 33°57′50.6″ 118°27′28.3″ NOTE: The Corps of Engineers also has regulations dealing with these areas in 33 CFR (b) The regulations. (1) Vessels shall Part 207. not anchor within the area at any time [CGD 79–151, 46 FR 7960, Jan. 26, 1981] without permission except in an emergency. § 162.195 Santa Monica Bay, Calif.; re- (2) Dredging, dragging, seining, or stricted area. other fishing operations which might (a) The area. The waters of the Pa- foul underwater installations within cific Ocean, Santa Monica Bay, in an the area are prohibited. area extending seaward from the shore- [CGD 75–082, 42 FR 51759, Sept. 29, 1977, as line a distance of about 5 nautical amended by USCG–2008–0179, 73 FR 35016, miles (normal to the shoreline) and ba- June 19, 2008] sically outlined as follows: NOTE: The Corps of Engineers also has regulations dealing with this section in 33 CFR Longitude Part 207. Station Latitude North West

A ...... 33°54′59″ 118°25′41″ § 162.205 Suisun Bay, San Joaquin B ...... 33°54′59″ 118°28′00″ River, Sacramento River, and con- C ...... 33°53′59.5″ 118°31′37″ necting waters, CA. D ...... 33°56′19.5″ 118°34′05″ E ...... 33°56′25″ 118°26′29″ (a) San Joaquin River Deep Water Channel between Suisun Bay and the eas- (b) The regulations. (1) Vessels shall terly end of the channel at Stockton; use, not anchor within the area at any time administration and navigation—(1) Max- without permission. imum speed. The maximum speed for all (2) Dredging, dragging, seining, or ocean-going craft shall not exceed 10 other fishing operations which might miles per hour above the lower end of foul underwater installations within New York Slough, seven miles per hour the area are prohibited. above Criminal Point, or five miles per (3) All vessels entering the area, hour while passing any wharf, dock, or other than vessels operated by or for moored craft. As used in this para- the United States, the State of Cali- graph, the speed of a vessel when navi- fornia, the county of Los Angeles, or gating with the current shall be its the city of Los Angeles, shall proceed rate of movement in excess of the ve- across the area by the most direct locity of the current. route and without unnecessary delay. (2) Passing. All craft passing other The area will be open and unrestricted boats, barges, scows, etc., in motion, to small recreational craft for rec- moored or anchored, shall slow down reational activities at all times. and take every necessary precaution to (4) The placing of bouys, markers, or avoid damage. other devices requiring anchors will (3) Right of way. (i) United States not be permitted. dredges, tugs, launches, derrick boats, (5) The city of Los Angeles will main- and similar plant of contractors exe- tain a patrol of the area as needed. cuting river and harbor improvement

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work for the United States, and dis- (6) Other laws and regulations. In all playing the signals prescribed by the other respects, the existing Federal regulations contained in part 80 of this laws and rules and regulations affect- chapter shall have the right of way and ing navigable waters of the United other craft shall exercise special cau- States will govern in this channel. tion to avoid interference with the (b) Sacramento Deep Water Ship Chan- work on which the plant is engaged. nel between Suisun Bay and easterly end Dredges, whether Federal or contrac- of Turning Basin at West Sacramento; tors’ plant, working the channel must use, administration, and navigation—(1) however, take special care to give Maximum speed for all ocean going ocean-going vessels sufficient room for craft—(i) Between Tolands Landing (Mile passing, and must lift both spuds and 6.2) and Rio Vista Bridge. When going the ladder, and pull clear, if an ade- against a current of two knots or more, quate width of clear channelway can- the maximum speed over the bottom not otherwise be provided. Ocean-going shall not exceed 8 knots. When going vessels may show at the masthead a with the current, in slack water, or black ball not more than 20 inches in against a current of two knots or less, diameter as a signal to the dredge, and the maximum speed through the water may also blow five long blasts of the shall not exceed 10 knots. whistle when within reasonable hear- (ii) Between Rio Vista Bridge and Port ing distance of the dredge, such signal of Sacramento. When going against a to be followed at the proper time by current of two knots or more, the max- the passing signal described in the imum speed over the bottom shall not local pilot rules. The dredge shall exceed 5 knots. When going with the promptly acknowledge both signals in current, in slack water, or against a the usual manner. current of two knots or less, the max- (ii) Light-draft vessels when meeting imum speed through the water shall or being overtaken by ocean-going ves- not exceed 7 knots. sels, shall give the right of way to such (iii) Speed past docks or moored craft. vessels by making use of the shallower Within 550 feet of the centerline of the portions of the waterway. channel the speed shall be the minimum required to maintain steerage- (iii) Rafts and tows must promptly way; wind, tide, current, etc., being give the channel side demanded upon taken into consideration. proper signal by a vessel, and must be (iv) Passing. All craft passing other handled in such a manner as not to ob- boats, barges, scows, etc., underway, struct or interfere with the free use of moored or anchored, shall take every the waterway by other craft. necessary precaution to avoid damage. (4) Collisions. (i) Ocean-going vessels (v) Speed, high-water precautions. in collision in the channel or turning When passing another vessel (under- basin must, if still afloat and in a con- way, anchored, or tied up); a wharf or dition making anchorage necessary, be other structure; work under construc- immediately removed to an approved tion; plant engaged in river and harbor anchorage ground, or if in such condi- improvement; levees withstanding tion that beaching is necessary, they flood waters; buildings partially or shall be temporarily beached on the wholly submerged by high water; or northwest side of Mandeville Island or any other structure liable to damage in the Old River. by collision, suction or wave action; (ii) Light-draft vessels suffering colli- vessels shall give as much leeway as sion shall be disposed of as directed by circumstances permit and reduce their the District Commander or his author- speed sufficiently to preclude causing ized representative. damage to the vessel or structure being (5) Wrecks. In no case following acci- passed. As deemed necessary for public dents of fire or collision will a vessel be safety during high river stages, floods, allowed to remain either anchored or or other emergencies, the District grounded in the channel, or beached at Commander may prescribe, by naviga- any place where it endangers other ves- tion bulletins or other means, the lim- sels, while settlement is pending with iting speed in knots or temporarily the underwriters. close the waterway or any reach of it

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to traffic. Since this subparagraph per- ing vessel shall answer with a cor- tains directly to the manner in which responding signal and pass promptly. vessels are operated, masters of vessels (iv) When any pipeline or swinging shall be held responsible for strict ob- dredge shall have given an approaching servance and full compliance herewith. vessel or tow the signal that the chan- (2) Right of way. (i) Dredges, tugs, nel is clear, the dredge shall straighten launches, derrick boats and other simi- out within the cut for the passage of lar equipment, executing river and har- the vessel or tow. bor improvement work for the United (v) Shallow draft vessels when meet- States, and displaying the signals pre- ing or being overtaken by ocean-going scribed by the regulations contained in vessels, shall give the right-of-way to part 80, of this Chapter, shall have the such vessels by making use of the right-of-way and other craft shall exer- shallower portions of the waterway, cise special caution to avoid inter- wherever possible. ference with the work on which the (vi) Tows should promptly give the plant is engaged. Dredges, whether channel side requested by proper signal Federal or contractor’s plant, working from a vessel, and should be handled in the channel must however, take special such a manner as not to obstruct or care to give ocean-going vessels suffi- interfere with the free use of the water- cient room for passing, and must lift way by other craft. both spuds and the ladder, and pull (3) Obstruction of traffic. (i) Except as clear, if an adequate width of clear provided in paragraph (c)(2) of this sec- channelway cannot otherwise be pro- tion no person shall willfully or care- vided. lessly obstruct the free navigation of (ii) Vessels intending to pass dredges the waterway, or delay any vessel hav- or other types of floating plant working the right to use the waterway. ing in navigable channels, when within (ii) No vessel shall anchor within the a reasonable distance therefrom and channel except in distress or under not in any case over a mile, shall indi- stress of weather. Any vessel so an- cate such intention by one long blast of chored shall be moved as quickly as the whistle, and shall be directed to possible to such anchorage as will leave the proper side for passage by the the channel clear for the passage of sounding, by the dredge or other float- vessels. ing plant, of the signal prescribed in (iii) Motorboats, sailboats, rowboats, the inland pilot rules for vessels under- and other small craft shall not anchor way and approaching each other from or drift in the regular ship channel ex- opposite directions, which shall be an- cept under stress of weather or in case swered in the usual manner by the ap- of breakdown. Such craft shall be so proaching vessel. If the channel is not operated that they will not interfere clear, the floating plant shall sound with or endanger the movement of the alarm or danger signal and the ap- commercial or public vessels. proaching vessel shall slow down or (4) Collisions. (i) Ocean-going vessels stop and await further signal from the in collision in the channel or turning plant. basin, must if still afloat and in a con- (iii) When the pipeline from a dredge dition making anchorage necessary, be crosses the channel in such a way that immediately removed to an approved an approaching vessel cannot pass safe- anchorage ground, or if in such condi- ly around the pipeline or dredge, there tion that beaching is necessary, they shall be sounded immediately from the shall be temporarily beached on the dredge the alarm or danger signal and southwest side of Ryer Island from the approaching vessel shall slow down Mile 15.0 to Mile 16.3 or in the Harbor or stop and await further signal from and Turning Basin at West Sac- the dredge. The pipeline shall then be ramento. opened and the channel cleared as soon (ii) Light-draft vessels suffering colli- as practicable; when the channel is sion shall be disposed of as directed by clear for passage the dredge shall so in- the District Commander or his author- dicate by sounding the usual passing ized representative. signal as prescribed in paragraph (5) Marine accidents. Masters, mates, (c)(2)(ii) of this section. The approach- pilots, owners, or other persons using

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the waterway to which this paragraph NOTE: The Corps of Engineers also has reg- applies shall notify the District Com- ulations dealing with this section in 33 CFR mander and in the case of undocu- Part 207. mented vessels, the State Division of [CGD 75–082, 42 FR 51759, Sept. 29, 1977, as Small Craft Harbors also, by the most amended by CGD12 84–07, 51 FR 12318, Apr. 10, expeditious means available of all ma- 1986; CGD11–94–007, 60 FR 16796, Apr. 3, 1995; USCG–1998–3799, 63 FR 35532, June 30, 1998] rine accidents, such as fire, collision, sinking or stranding, where there is § 162.210 Lake Tahoe, Calif.; restricted possible obstruction of the channel or areas along south shore. interference with navigation or where (a) The areas—(1) Baldwin Beach, damage to Government property is in- under the control of the Forest Service, volved, furnishing a clear statement as Department of Agriculture. The waters of to the name, address, and ownership of Lake Tahoe shoreward of a line de- the vessel or vessels involved, the time scribed as follows: Beginning at the and place, and the action taken. In all intersection of the high waterline with cases, the owner of the sunken vessel the west boundary line of Lot 2, Sec- shall take immediate steps to mark the tion 26, Township 13 North (Mount Dia- wreck properly. blo Base Line), Range 17 East (Mount (6) Other laws and regulations. In all Diablo Meridian); thence north 300 feet; other respects, existing Federal laws thence southeasterly about 2,850 feet to and rules and regulations affecting the east line of Section 26 at a point 300 navigable waters of the United States feet north of the high waterline; thence will govern in this channel. northeasterly 1,740 feet to a point 300 (c) Sacramento River, Decker Island feet north of the high waterline; thence Restricted Anchorage for Vessels of the southeasterly about 1,810 feet to the U.S. Government—(1) The anchorage projected east line of the former Bald- ground. An elongated area in the Sac- win property at a point 300 feet north ramento River bounded on the west by of the high waterline; and thence south 300 feet to the high waterline. the shore of Decker Island and the following lines: Beginning on the shore at (2) Camp Richardson, under the control of the Forest Service, Department of Agri- Decker Island North End Light at lati- culture. The waters of Lake Tahoe tude 38°06′16″ N., longitude 121°42′32.5″ ° ′ ″ shoreward of a line described as fol- W.; thence easterly to latitude 38 06 15 lows: Beginning at the southeasterly ° ′ ″ N., longitude 121 42 27 W.; thence corner of sec. 25, T. 13 N., R. 17 E., ° ′ ″ southerly to latitude 38 05 22 N., lon- Mount Diablo Base and Meridian; gitude 121°42′30″ W.; thence southwest- thence north 410 feet along the east erly to latitude 38°05′08″ N., longitude line of sec. 25; thence northwesterly 95 121°42′40″ W.; thence west southwesterly feet to the high waterline which is the to latitude 38°05′02″ N., longitude true point of beginning; thence north 121°42′50″ W.; thence northwesterly to 130 feet; thence southeasterly 565 feet; the shore of Decker Island at latitude and thence south 130 feet to the high 38°05′04″ N., longitude 121°42′52.5″ W. waterline. (2) Special Regulation. No Vessel or (3) Pope Beach, under the control of the other craft except those owned by or Forest Service, Department of Agriculture. operating under contract with the The waters of Lake Tahoe shoreward of United States may navigate or anchor a line described as follows: Beginning within 50 feet of any moored Govern- at the intersection of the high water- ment vessel in the area. Commercial line with the west line of the former and pleasure craft shall not moor to Pope property, about 750 feet westerly buoys or chains of Government vessels, of the west boundary line of Lot 2, Sec- nor may they, while moored or under- tion 6, Township 12 North (Mount Dia- way, obstruct the passage of Govern- blo Base Line), Range 18 East (Mount ment or other vessels through the area. 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.

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(4) El Dorado County Beach. The other use by the general public. Only waters of Lake Tahoe shoreward of a vessels owned by or controlled by the line described as follows: Beginning at U.S. Government and the States of Ari- the intersection of the high waterline zona and Nevada shall navigate or an- with the west boundary line of Lot 1, chor in the restricted areas: Provided, Section 32, Township 13 North (Mount however, The Regional Director, Region Diablo Base Line), Range 18 East 3, U.S. Bureau of Reclamation, Boulder (Mount Diablo Meridian); thence north City, Nev., may authorize, by written 500 feet; thence northeasterly about permit, individuals or groups to navi- 1,350 feet to the projected east line of gate or anchor in the restricted areas Lot 1 at a point 500 feet north of the when it is deemed in the public inter- high waterline; and thence south 500 est. Copies of said permits must be fur- feet to the high waterline. nished to the enforcing agencies. (b) The regulations. No sail or ma- (b) Lake Mead; speed regulation. In chine-propelled watercraft, except ves- that portion of Lake Mead extending sels owned or controlled by the U.S. 300 feet upstream of the restricted area Coast Guard, shall navigate or anchor described in paragraph (a) of this sec- in the restricted area. tion, a maximum speed of 5 miles per hour shall not be exceeded. § 162.215 Lake Tahoe, Nev.; restricted (c) Supervision. The regulations in area adjacent to Nevada Beach. this section shall be supervised by the (a) The restricted area. The waters of District Commander, Eleventh Coast Lake Tahoe shoreward of a line de- Guard District. scribed as follows: Beginning at the [CGD 75–082, 42 FR 51759, Sept. 29, 1977, as intersection of the high waterline with amended by USCG–2008–0179, 73 FR 35016, a line projected in a general southerly June 19, 2008] direction 200 feet from a point lying 310 feet west of section corner common to § 162.225 Columbia and Willamette section 15, 16, 21, and 22, Township 13 Rivers, Washington and Oregon; ad- North (Mount Diablo Base Line), Range ministration and navigation. 18 East (Mount Diablo Meridian); (a) Supervision. The District Com- thence 300 feet lakeward at right an- mander, Thirteenth Coast Guard Dis- gles to the high waterline; thence trict, has certain administrative super- southeasterly approximately 2,170 feet vision over the Columbia and Willam- to the projected south boundary line of ette Rivers, and is charged with the en- the Forest Service property at a point forcement under his direction of emer- 300 feet west of the high waterline; and gency regulations to govern navigation thence east 300 feet to the high water of these streams. line. (b) Speed. During very high water (b) The regulations. No sail or motor stages (usually 25 feet or more on the propelled watercraft, except vessels Vancouver, Washington, gage) when owned or controlled by the United lives, floating plant or major shore in- States Government and vessels duly stallations are endangered, the District authorized by the United States Coast Commander shall have authority to Guard, shall navigate or anchor in the prescribe such temporary speed regula- restricted area. tions as he may deem necessary for the public safety. During critical periods of § 162.220 Hoover Dam, Lake Mead, and freshets under 25 feet on the Van- Lake Mohave (Colorado River), couver, Washington, gage when con- Ariz.-Nev. struction is in progress, rehabilitation, (a) Lake Mead and Lake Mohave; re- or other unusual emergency makes a stricted areas—(1) The areas. That por- major shore installation susceptible to tion of Lake Mead extending 700 feet loss or major damage from wave ac- upstream of the axis of Hoover Dam tion, the District Commander shall and that portion of Lake Mohave (Colo- have authority to prescribe for a par- rado River) extending 4,500 feet down- ticular limited reach of the river as ap- stream of the axis of Hoover Dam. propriate such temporary speed regula- (2) The regulations. The restricted tions as he may deem necessary to pro- areas shall be closed to navigation and tect the integrity of such structure. All

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speed regulations prescribed by the (4) Passing. Steamers shall not under District Commander shall be obeyed any circumstances attempt to pass for the duration of the emergency and each other in the canal, either when shall be terminated at the earliest going in the same or opposite direc- practicable time that improved stream tions. conditions permit. (5) Anchoring. No steamers or boats shall anchor or tie up within the canal § 162.230 Columbia River, Wash. grounds unless they are well over on (a) Grand Coulee Dam discharge chan- the tide flats to the west of the dredged nel; restricted area—(1) The area. That channel, and off the right of way be- portion of the Columbia River between longing to the United States. Grand Coulee Dam (situated at river (6) Tows. No tow shall enter or pass mile 596.6) and river mile 593.7. through the canal with a towline more than 200 feet in length. (2) The regulations. (i) No vessel shall enter or navigate within the area with- (7) Delaying traffic. No person shall out permission from the enforcing cause or permit any vessel or boat of agency. which he is in charge, or on which he is employed, to obstruct the canal in any (ii) The regulation in this section way or delay in passing through it. shall be enforced by the Chief, Power (b) West Waterway, Seattle Harbor; Field Division, Columbia Basin navigation. (1) The movement of vessels Project, U.S. Department of the Inte- of 250 gross tons or over and all vessels rior, Coulee Dam, Washington. with tows of any kind through the narrow section of West Waterway between § 162.235 Puget Sound Area, Wash. the bend at Fisher’s Flour Mill dock (a) Waterway connecting Port Town- and the bend at the junction of East send and Oak Bay; use, administration, Waterway with Duwamish Waterway, and navigation—(1) Works to which regu- and through the draws of the City of lations apply. The ‘‘canal grounds’’ Seattle and Northern Pacific Railway when used in this paragraph shall mean Company bridges crossing this narrow that area between the south end of the section, shall be governed by red and jetties in Oak Bay and the northerly green traffic signal lights mounted on end of the dredge channel approxi- the north and south sides of the west mately 400 yards northwest of Port tower of the City Light power crossing Townsend Canal Light. The ‘‘canal’’ is at West Spokane Street. the water lying between these limits (2) Two green lights, one vertically and the banks containing the same. above the other, displayed ahead of a (2) Speed. The speed limit within the vessel, shall indicate that the water- canal grounds shall not exceed five way is clear. Two red lights, one miles per hour. vertically above the other, displayed (3) Signals. All boats desiring to use ahead of a vessel, shall indicate that the canal shall give one long and one the waterway is not clear. short whistle. Southbound boats shall (3) A vessel approaching the narrow sound the signal within 600 yards of section and drawbridges from either Port Townsend Canal Light. North- end of the waterway shall give one long bound boats shall sound this signal at blast of a whistle and shall not enter least 500 feet south from the end of the the narrow section until green lights jetties in Oak bay. If no other boat an- are displayed. swers the signal the first boat shall (4) One vessel may follow another have the right of way through the vessel in either direction, but the chan- canal. Any approaching boat that is in nel shall not be kept open in the same the canal shall answer by giving the direction for an unreasonable time if a same signal and the first boat shall not vessel is waiting at the other end. enter the canal until the second boat (5) Tugs, launches, and small craft shall have passed through the canal. In shall keep close to one side of the chan- the case of boats going in the same di- nel when vessels or boats with tows are rection the boat which is in the canal passing. shall not answer the signal of the boat (6) All craft shall proceed with cau- desiring to enter. tion. The display of a green light is not

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a guarantee that the channel is clear of from the centerline of the city dock traffic, and neither the United States and extending about 2,200 feet up- nor the City of Seattle will be respon- stream to a point 200 feet upstream sible for any damage to vessels or other from the Inlet Co. dock. property which may be chargeable to (b) The regulations. (1) Vessels may mistakes in the operation of the signal navigate, anchor, or moor within the lights or to their failure to operate. area until such time as notification is received or observation is made of in- NOTE: The Corps of Engineers also has regulations dealing with this section in 33 CFR tended passage to or from the docking Part 207. areas. (2) Notice of anticipated passage of [CGD 75–082, 42 FR 51759, Sept. 29, 1977, as amended by USCG–2008–0179, 73 FR 35016, towboats and barges shall be indicated June 19, 2008] 24 hours in advance by display of a red flag by the Inlet Co. from its ware- § 162.240 Tongass Narrows, Alaska; house. navigation. (a) Definitions. The term ‘‘Tongass § 162.250 Port Alexander, Alaska; Narrows’’ includes the body of water speed of vessels. lying between Revillagigedo Channel (a) Definition. The term ‘‘Port Alex- and Guard Island in Clarence Strait. ander’’ includes the entire inlet from (b) No vessel, except for public law its head to its entrance from Chatham enforcement and emergency response Strait. vessels, floatplanes during landings and (b) Speed. The speed of all vessels of 5 take-offs, and vessels of 23 feet reg- tons or more gross, ships register, shall istered length or less, shall exceed a not exceed 3 miles per hour either in speed of 7 knots in the region of entering, leaving, or navigating within Tongass Narrows bounded to the north Port Alexander, Alaska. by Tongass Narrows Buoy 9 and to the [CGD 75–082, 42 FR 51759, Sept. 29, 1977, as south by Tongass Narrows East Chan- amended by CGD 82–039, 47 FR 27266, June 24, nel Regulatory marker at position 1982] 55°19′22.0″ N, 131°36′40.5″ W and Tongass Narrows West Channel Regulatory § 162.255 Wrangell Narrows, Alaska; marker at position 55°19′28.5″ N, use, administration, and navigation. ° ′ ″ 131 39 09.7 W, respectively. (a) Definitions. (1) The term (c) No vessel shall while moored or at ‘‘Wrangell Narrows’’ includes the en- anchor, or by slow passage or otherwise tire body of water between Wrangell while underway, unreasonably obstruct Narrows North Entrance Lighted Bell the free passage and progress of other Buoy 63 and Midway Rock Light. vessels. (2) The term ‘‘raft section’’ refers to (d) No vessel shall moor or anchor to a standard raft of logs or piling se- any structure of the United States curely fastened together for long tow- other than mooring piers, wharves, and ing in Alaska inland waters in the floats without the consent of the Com- manner customary with the local log- mander, Sector Juneau. ging interests, i.e., with booms, [CGD 75–082, 42 FR 51759, Sept. 29, 1977, as swifters, and tail sticks. It normally amended by CGD 77–217, 43 FR 60458, Dec. 28, contains 30,000 to 70,000 feet board 1978; CGD 82–039, 47 FR 27266, June 24, 1982; measure of logs or piling and has a USCG–1998–3799, 63 FR 35532, June 30, 1998; width of 45 to 60 feet and a length of 75 CGD17–99–002, 64 FR 29557, June 2, 1999, 64 FR to 100 feet. 32103, June 15, 1999; CGD 17–99–002, 65 FR 18245, Apr. 7, 2000; USCG–2006–25556, 72 FR (b) Speed restrictions. No vessel shall 36328, July 2, 2007; USCG–2008–0179, 73 FR exceed a speed of seven (7) knots in the 35016, June 19, 2008] vicinity of Petersburg, between Wrangell Narrows Channel Light 58 and § 162.245 Kenai River, Kenai, Alaska; Wrangell Narrows Lighted Buoy 60. use, administration, and navigation. (c) Tow channel. The following route (a) The area. The main channel area shall be taken by all tows passing of the river, having a width of 150 feet, through Wrangell Narrows when the beginning at a point directly offshore towboat has a draft of 9 feet or less

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(northbound, read down; southbound, have a speed greater than 4 miles an read up): hour, and the propelling machinery shall be stopped when crossing the East of Battery Islets: East of Tow Channel Buoy 1 TC. lines to the dredge anchors. East of Tow Channel Buoy 3 TC. (b) Vessels using the channel shall West of Tow Channel Buoy 4 TC. pass the dredge on the side designated East of Colorado Reef: from the dredge by the signals pre- East of Wrangell Narrows Channel Light scribed in paragraph (c) of this section. 21. (c) Dredge shall display the red flag West of Wrangell Narrows Channel Lighted Buoy 25. by day and four white lights hung in a East of Tow Channel Buoy 5 TC. vertical line by night to indicate the East of Tow Channel Buoy 7 TC. passing side. West of Petersburg: (d) Vessels shall not anchor on the East of Wrangell Narrows Channel Light 54 ranges of stakes or other marks placed Fr. for the guidance of the dredge, nor in East of Wrangell Narrows Channel Light 56 such a manner as to obstruct the chan- Qk FR. East of Wrangell Narrows Channel Light 58 nel for passing vessels. Fr., thence proceeding to west side of (e) Vessels shall not run over or dis- channel and leaving Wrangell Narrows by turb stake, lanterns, or other marks making passage between Wrangell Nar- placed for the guidance of the dredge. rows Channel Daybeacon 61 and Wrangell (f) Dredges working in the prosecu- Narrows North Entrance Lighted Bell tion of the work shall not obstruct the Buoy 63 F. channel unnecessarily. (d) Size of tows. The maximum tows (g) The dredge will slack lines run- permitted shall be one pile driver, or ning across the channel from the three units of other towable equipment dredge on the passing side, for passing or seven raft sections. vessels, when notified by signal, with (e) Arrangement of tows. (1) No towline whistle or horn. or aggregate of towlines between (h) The position of anchors of the towboat and separated pieces shall ex- dredge shall be marked by buoys plain- ceed 150 feet in length. ly visible to passing vessels. (2) Raft and barge tows of more than one unit shall not exceed 65 feet in § 162.270 Restricted areas in vicinity width overall. Single barge tows shall of Maritime Administration Reserve not exceed 100 feet in width overall. Fleets. (3) Tows other than rafts shall be (a) The regulations in this section taken alongside the towboat whenever shall govern the use and navigation of possible. waters in the vicinity of the following (f) Anchorage. Vessels may anchor in National Defense Reserve Fleets of the the anchorage basin in the vicinity of Maritime Administration, Department Anchor Point. No craft or tow shall be of Transportation: anchored in Wrangell Narrows in either (1) James River Reserve Fleet, Fort the main ship channel or the towing Eustis, Virginia. channel, nor shall any craft or tow be (2) Beaumont Reserve Fleet, Neches anchored so that it can swing into ei- River near Beaumont, Texas. ther of these channels. (3) Suisun Bay Reserve Fleet near (g) Disabled craft. Disabled craft in a Benicia, California. condition of absolute necessity are ex- (b) No vessels or other watercraft, exempt from the regulations in this sec- cept those owned or controlled by the tion. United States Government, shall cruise [CGD 75–082, 42 FR 51759, Sept. 29, 1977, as or anchor between Reserve Fleet units amended by CGD 82–039, 47 FR 27266, June 24, within 500 feet of the end vessels in 1982; CGD 94–026, 60 FR 63624, Dec. 12, 1995] each Reserve Fleet unit, or within 500 feet of the extreme units of the fleets, § 162.260 Channel leading to San Juan unless specific permission to do so has Harbor, P.R.; use, administration, first been granted in each case by the and navigation. enforcing agency. (a) Steamers passing dredge engaged (c) The regulations in this section in improving the channel shall not shall be enforced by the respective

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Fleet Superintendents and such agen- tificate of registry enumerated in 46 cies as they may designate. U.S.C. subtitle II part E as well as the STCW endorsement into a single cre- [CGD 75–082, 42 FR 51759, Sept. 29, 1977, as amended by CGD 86–053, 51 FR 43742, Dec. 4, dential that serves as the mariner’s 1986; USCG–2011–0257, 76 FR 31838, June 2, qualification document, certificate of 2011] identification, and certificate of service. PART 163—TOWING OF BARGES [USCG–2006–24371, 74 FR 11213, Mar. 16, 2009]

Sec. § 163.05 Tows of seagoing barges with- 163.01 Application. in inland waters. 163.03 Definitions. (a) The tows of seagoing barges when 163.05 Tows of seagoing barges within inland waters. navigating the inland waters of the 163.20 Bunching of tows. United States shall be limited in length to five vessels, including the AUTHORITY: 33 U.S.C. 152, 2071; 49 CFR towing vessel or vessels. l.46(n). [CGFR 60–61, 25 FR 9045, Sept. 21, 1960. Redes- § 163.01 Application. ignated by CGD 81–017, 46 FR 28154, May 26, (a) The regulations in this part apply 1981] to vessels navigating the harbors, riv- § 163.20 Bunching of tows. ers, and inland waters of the United States, except the Great Lakes and (a) In all cases where tows can be their connecting and tributary waters bunched, it should be done. as far east as Montreal, the Red River (b) Tows navigating in the North and of the North, the Mississippi River and East Rivers of New York must be its tributaries above Huey P. Long bunched above a line drawn between Bridge, and that part of the Robbins Reef Light and Owls Head, Atchafalaya River above its junction Brooklyn, but the quarantine anchor- with the Plaquemine-Morgan City al- age and the north entrance to Ambrose ternate waterway. Channel shall be avoided in the process (b) Seagoing barges and their towing of bunching tows. vessels shall be subject to the require- (c) Tows must be bunched above the ments in this part under the provisions mouth of the Schuylkill River, Pa. of section 14 of the Act of May 28, 1908, [CGFR 60–61, 25 FR 9045, Sept. 21, 1960, as as amended (sec. 14, 35 Stat. 428, as amended by CGFR 64–21, 29 FR 5733, Apr. 30, amended; 33 U.S.C. 152). Under the pro- 1964. Redesignated by CGD 81–017, 46 FR visions of section 15 of the Act of May 28154, May 26, 1981] 28, 1908, as amended (sec. 15, 35 Stat. 429; 33 U.S.C. 153), the penalty for use of PART 164—NAVIGATION SAFETY an unlawful towline shall be an action REGULATIONS against the master of the towing vessel seeking the suspension or revocation of Sec. his license or merchant mariner cre- 164.01 Applicability. dential. 164.02 Applicability exception for foreign vessels. [CGFR 60–61, 25 FR 9045, Sept. 21, 1960, as 164.03 Incorporation by reference. amended by CGFR 66–59, 31 FR 13647, Oct. 22, 164.11 Navigation under way: General. 1966. Redesignated by CGD 81–017, 46 FR 164.13 Navigation underway: tankers. 28154, May 26, 1981; USCG–2006–24371, 74 FR 164.15 Navigation bridge visibility. 11213, Mar. 16, 2009] 164.19 Requirements for vessels at anchor. 164.25 Tests before entering or getting un- § 163.03 Definitions. derway. The following definition applies to 164.30 Charts, publications, and equipment: this part: General. Merchant mariner credential or MMC 164.33 Charts and publications. 164.35 Equipment: All vessels. means the credential issued by the 164.37 Equipment: Vessels of 10,000 gross Coast Guard under 46 CFR part 10. It tons or more. combines the individual merchant 164.38 Automatic radar plotting aids mariner’s document, license, and cer- (ARPA).

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164.39 Steering gear: Foreign tankers. (3) Used solely for pollution response; 164.40 Devices to indicate speed and dis- or tance. (4) Any other vessel exempted by the 164.41 Electronic position fixing devices. Captain of the Port (COTP). The COTP, 164.42 Rate of turn indicator. 164.43 Automatic Identification System upon written request, may, in writing, Shipborne Equipment—Prince William exempt a vessel from § 164.72 for a spec- Sound. ified route if he or she decides that ex- 164.46 Automatic Identification System empting it would not allow its unsafe (AIS). navigation under anticipated condi- 164.51 Deviations from rules: Emergency. tions. 164.53 Deviations from rules and reporting: (c) Provisions of §§ 164.11(a)(2) and (c), Non-operating equipment. 164.30, 164.33, and 164.46 do not apply to 164.55 Deviations from rules: Continuing operation or period of time. warships or other vessels owned, 164.61 Marine casualty reporting and record leased, or operated by the United retention. States Government and used only in 164.70 Definitions. government noncommercial service 164.72 Navigational-safety equipment, when these vessels are equipped with charts or maps, and publications re- electronic navigation systems that quired on towing vessels. have met the applicable agency regula- 164.74 Towline and terminal gear for towing tions regarding navigation safety. astern. 164.76 Towline and terminal gear for towing (d) Provisions of § 164.46 apply to alongside and pushing ahead. some self-propelled vessels of less than 164.78 Navigation under way: Towing ves- 1600 gross tonnage. sels. [CGD 83–004, 49 FR 43466, Oct. 29, 1984, as 164.80 Tests, inspections, and voyage plan- amended by CGD 94–020, 61 FR 35072, July 3, ning. 1996; USCG–2000–8300, 66 FR 21864, May 2, 2001; 164.82 Maintenance, failure, and reporting. USCG–2003–14757, 68 FR 39367, July 1, 2003] AUTHORITY: 33 U.S.C. 1222(5), 1223, 1231; 46 U.S.C. 2103, 3703; Department of Homeland § 164.02 Applicability exception for Security Delegation No. 0170.1 (75). Sec. foreign vessels. 164.13 also issued under 46 U.S.C. 8502. Sec. 164.61 also issued under 46 U.S.C. 6101. (a) Except as provided in § 164.46(a)(2) of this part, including §§ 164.38 and § 164.01 Applicability. 164.39, this part does not apply to vessels that: (a) This part (except as specifically (1) Are not destined for, or departing limited by this section) applies to each from, a port or place subject to the ju- self-propelled vessel of 1600 or more risdiction of the United States; and gross tons (except as provided in paragraphs (c) and (d) of this section, or for (2) Are in: foreign vessels described in § 164.02) (i) Innocent passage through the ter- when it is operating in the navigable ritorial sea of the United States; or waters of the United States except the (ii) Transit through navigable waters St. Lawrence Seaway. of the United States which form a part (b) Sections 164.70 through 164.82 of of an international strait. this part apply to each towing vessel of [CGD 77–063, 44 FR 66530, Nov. 19, 1979, as 12 meters (39.4 feet) or more in length amended by CGD 79–148, 45 FR 54039, Aug. 14, operating in the navigable waters of 1980; USCG–2003–14757, 68 FR 39367, July 1, the United States other than the St. 2003; 68 FR 60569, Oct. 22, 2003] Lawrence Seaway; except that a towing vessel is exempt from the require- § 164.03 Incorporation by reference. ments of § 164.72 if it is— (a) Certain material is incorporated (1) Used solely within a limited geo- by reference into this part with the ap- graphic area, such as a fleeting-area for proval of the Director of the Federal barges or a commercial facility, and Register under 5 U.S.C. 552(a) and 1 used solely for restricted service, such CFR part 51. To enforce any edition as making up or breaking up larger other than that specified in paragraph tows; (b) of this section, the Coast Guard (2) Used solely for assistance towing must publish notice of change in the as defined by 46 CFR 10.103; FEDERAL REGISTER and the material

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must be available to the public. All ap- SN/Circ.227, Guidelines for the In- proved material is available for inspec- stallation of a Shipborne Auto- tion at the Navigation Systems Divi- matic Identification System sion (CG–553), Coast Guard Head- (AIS), dated January 6, 2003 ..... 164.46 quarters, 2100 2nd St. SW., Stop 7580, SOLAS, International Conven- tion for Safety of Life at Sea, Washington, DC 20593–7580 and at the 1974, and 1988 Protocol relating National Archives and Records Admin- thereto, 2000 Amendments, ef- istration (NARA). For information on fective January and July 2002, the availability of this material at (SOLAS 2000 Amendments) ...... 164.46 NARA, call 202–741–6030, or go to: http:// Conference resolution 1, Adop- www.archives.gov/federallregister/ tion of amendments to the codeloflfederallregulations/ Annex to the International ibrllocations.html. All approved mate- Convention for the Safety of rial is available from the sources indi- Life at Sea, 1974, and amendments to Chapter V of SOLAS cated in paragraph (b) of this section. 1974, adopted December 12, 2002 164.46 (b) The materials approved for incor- International Telecommunication poration by reference in this part and Union Radiocommuni- cation Bu- the sections affected are as follows: reau (ITU-R), Place de Nations American Petroleum Institute (API), CH–1211 Geneva 20 Switzerland 1220 L Street NW., Washington, (1) ITU-R Recommendation DC 20005 M.821, Optional Expansion of API Specification 9A, Specifica- the Digital Selective-Calling tion for Wire Rope, Section 3, System for Use in the Maritime Properties and Tests for Wire Mobile Service, 1992 ...... 164.43 and Wire Rope, May 28, 1984 ..... 164.74 (2) ITU-R Recommendation American Society for Testing and Ma- M.825, Characteristics of a terials (ASTM), 100 Barr Harbor Transponder System Using Dig- Drive, West Conshohocken, PA ital Selective-Calling Tech- 19428-2959 niques for Use with Vessel ASTM D4268–93, Standard Test Traffic Services and Ship-to- Method for Testing Fiber Ropes 164.74 Ship Identification, 1992 ...... 164.43 Cordage Institute, 350 Lincoln ITU-R Recommendation M.1371–1, Street, Hingham, MA 02043 Technical characteristics for a CIA–3, Standard Test Methods for universal shipborne automatic Fiber Rope Including Standard identification system using Terminations, Revised, June time division multiple access 1980 ...... 164.74 in the VHF maritime mobile International Electrotechnical Com- band, 1998–2001 ...... 164.46 mission (IEC), 3, rue de Varemb, Radio Technical Commission for Mar- Geneva, Switzerland. itime Services, 655 Fifteenth IEC 61993–2, Maritime navigation Street, NW., Suite 300, Wash- and radiocommunication equip- ington, DC 20005 ment and systems—Automatic (1) RTCM Paper 12–78/DO–100, identification systems (AIS)— Minimum Performance Stand- part 2: Class A shipborne equip- ards, Loran C Receiving Equip- ment of the universal auto- ment, 1977 ...... 164.41 matic identification system (2) RTCM Paper 194–93/SC104– (AIS)—Operational and per- STD, RTCM Recommended formance requirements, meth- Standards for Differential ods of test and required test re- NAVSTAR GPS Service, sults First edition, 2001–12 ...... 164.46 Version 2.1, 1994 ...... 164.43 International Maritime Organization (3) RTCM Paper 71–95/SC112–STD, (IMO), 4 Albert Embankment, RTCM Recommended Stand- London SE1 7SR, U.K. ards for Marine Radar Equip- IMO Resolution A342(IX), Rec- ment Installed on Ships of Less ommendation on Performance Than 300 Tons Gross Tonnage, Standards for Automatic Pi- Version 1.1, October 10, 1995 ...... 164.72 lots, adopted November 12, 1975 164.13 (4) RTCM Paper 191–93/SC112–X, Resolution MSC.74(69), Annex 3, RTCM Recommended Stand- Recommendation on Perform- ards for Maritime Radar Equip- ance Standards for a Universal ment Installed on Ships of 300 Shipborne Automatic Identi- Tons Gross Tonnage and Up- fication System (AIS), adopted wards, Version 1.2, December May 12, 1998 ...... 164.46 20, 1993 ...... 164.72 590

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[CGD 91–203, 58 FR 27632, May 10, 1993, as (i) Magnetic variation and deviation amended by CGD 83–043, 60 FR 24771, May 10, and gyrocompass errors are known and 1995; CGD 93–022, 60 FR 51734, Oct. 3, 1995; correctly applied by the person direct- CGD 96–026, 61 FR 33669, June 28, 1996; CGD ing the movement of the vessel; 94–020, 61 FR 35072, July 3, 1996; USCG–1999– 5151, 64 FR 67176, Dec. 1, 1999; USCG–2002– (j) A person whom he has determined 12471, 67 FR 41333, June 18, 2002; USCG–2003– is competent to steer the vessel is in 14757, 68 FR 39367, July 1, 2003; 68 FR 60569, the wheelhouse at all times; 1 Oct. 22, 2003; 69 FR 18803, Apr. 9, 2004; USCG– (k) If a pilot other than a member of 2004–18057, 69 FR 34926, June 23, 2004; USCG– the vessel’s crew is employed, the pilot 2008–0179, 73 FR 35016, June 19, 2008; USCG– is informed of the draft, maneuvering 2010–0351, 75 FR 36287, June 25, 2010; USCG– characteristics, and peculiarities of the 2011–0257, 76 FR 31838, June 2, 2011] vessel and of any abnormal circumstances on the vessel that may af- § 164.11 Navigation under way: Gen- eral. fect its safe navigation. (l) Current velocity and direction for The owner, master, or person in the area to be transited are known by charge of each vessel underway shall the person directing the movement of ensure that: the vessel; (a) The wheelhouse is constantly (m) Predicted set and drift are known manned by persons who: by the person directing movement of (1) Direct and control the movement the vessel; of the vessel; and (n) Tidal state for the area to be (2) Fix the vessel’s position; transited is known by the person di- (b) Each person performing a duty de- recting movement of the vessel; scribed in paragraph (a) of this section (o) The vessel’s anchors are ready for is competent to perform that duty; letting go; (c) The position of the vessel at each (p) The person directing the move- fix is plotted on a chart of the area and ment of the vessel sets the vessel’s the person directing the movement of speed with consideration for: the vessel is informed of the vessel’s (1) The prevailing visibility and position; weather conditions; (d) Electronic and other navigational (2) The proximity of the vessel to equipment, external fixed aids to navi- fixed shore and marine structures; gation, geographic reference points, (3) The tendency of the vessel under- and hydrographic contours are used way to squat and suffer impairment of when fixing the vessel’s position; maneuverability when there is small (e) Buoys alone are not used to fix underkeel clearance; the vessel’s position; (4) The comparative proportions of the vessel and the channel; NOTE: Buoys are aids to navigation placed in approximate positions to alert the mar- (5) The density of marine traffic; iner to hazards to navigation or to indicate (6) The damage that might be caused the orientation of a channel. Buoys may not by the vessel’s wake; maintain an exact position because strong or (7) The strength and direction of the varying currents, heavy seas, ice, and colli- current; and sions with vessels can move or sink them or (8) Any local vessel speed limit; set them adrift. Although buoys may cor- (q) The tests required by § 164.25 are roborate a position fixed by other means, made and recorded in the vessel’s log; buoys cannot be used to fix a position: how- and ever, if no other aids are available, buoys alone may be used to establish an estimated (r) The equipment required by this position. part is maintained in operable condition. (f) The danger of each closing visual (s) Upon entering U.S. waters, the or each closing radar contact is evalu- steering wheel or lever on the navi- ated and the person directing the gating bridge is operated to determine movement of the vessel knows the if the steering equipment is operating evaluation; (g) Rudder orders are executed as 1 See also 46 U.S.C. 8702(d), which requires given; an able seaman at the wheel on U.S. vessels (h) Engine speed and direction orders of 100 gross tons or more in narrow or crowd- are executed as given; ed waters during low visibility.

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properly under manual control, unless mate, or officer in charge of a naviga- the vessel has been steered under man- tional watch, who is separate and dis- ual control from the navigating bridge tinct from the pilot. within the preceding 2 hours, except (d) Except as specified in paragraph when operating on the Great Lakes and (e) of this section, a tanker may oper- their connecting and tributary waters. ate with an auto pilot engaged only if (t) At least two of the steering-gear all of the following conditions exist: power units on the vessel are in oper- (1) The operation and performance of ation when such units are capable of si- the automatic pilot conforms with the multaneous operation, except when the standards recommended by the Inter- vessel is sailing on the Great Lakes national Maritime Organization in IMO and their connecting and tributary Resolution A.342(IX). waters, and except as required by para- (2) A qualified helmsman is present graph (u) of this section. at the helm and prepared at all times (u) On each passenger vessel meeting to assume manual control. the requirements of the International (3) The tanker is not operating in any Convention for the Safety of Life at of the following areas: Sea, 1960 (SOLAS 60) and on each cargo (i) The areas of the traffic separation vessel meeting the requirements of schemes specified in subchapter P of SOLAS 74 as amended in 1981, the num- this chapter. ber of steering-gear power units nec- (ii) The portions of a shipping safety essary to move the rudder from 35° on ° fairway specified in part 166 of this either side to 30 on the other in not chapter. more than 28 seconds must be in simul- (iii) An anchorage ground specified in taneous operation. part 110 of this chapter. [CGD 74–77, 42 FR 5956, Jan. 31, 1977, as (iv) An area within one-half nautical amended by CGD 83–004, 49 FR 43466, Oct. 29, mile of any U.S. shore. 1984; CGD 91–203, 58 FR 27633, May 10, 1993; (e) A tanker equipped with an inte- CGD 83–043, 60 FR 24771, May 10, 1995] grated navigation system, and com- § 164.13 Navigation underway: tankers. plying with paragraph (d)(2) of this section, may use the system with the auto (a) As used in this section, ‘‘tanker’’ pilot engaged while in the areas de- means a self-propelled tank vessel, in- scribed in paragraphs (d)(3) (i) and (ii) cluding integrated tug barge combina- of this section. The master shall pro- tions, constructed or adapted primarily vide, upon request, documentation to carry oil or hazardous material in showing that the integrated navigation bulk in the cargo spaces and inspected system— and certificated as a tanker. (1) Can maintain a predetermined (b) Each tanker must have an engi- trackline with a cross track error of neering watch capable of monitoring less than 10 meters 95 percent of the the propulsion system, communicating time; with the bridge, and implementing manual control measures immediately (2) Provides continuous position data when necessary. The watch must be accurate to within 20 meters 95 percent physically present in the machinery of the time; and spaces or in the main control space and (3) Has an immediate override con- must consist of at least an engineer trol. with an appropriately endorsed license [CGD 91–203, 58 FR 27633, May 10, 1993, as or merchant mariner credential. amended by CGD 91–203, 58 FR 36141, July 6, (c) Each tanker must navigate with 1993; USCG–2006–24371, 74 FR 11213, Mar. 16, at least two deck officers with an ap- 2009] propriately endorsed license or merchant mariner credential on watch on § 164.15 Navigation bridge visibility. the bridge, one of whom may be a pilot. (a) The arrangement of cargo, cargo In waters where a pilot is required, the gear, and trim of all vessels entering or second officer, must be an individual departing from U.S. ports must be such holding an appropriately endorsed li- that the field of vision from the navi- cense or merchant mariner credential gation bridge conforms as closely as and assigned to the vessel as master, possible to the following requirements:

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(1) From the conning position, the § 164.25 Tests before entering or get- view of the sea surface must not be ob- ting underway. scured by more than the lesser of two (a) Except as provided in paragraphs ship lengths or 500 meters (1640 feet) (b) and (c) of this section no person from dead ahead to 10 degrees on either may cause a vessel to enter into or get side of the vessel. Within this arc of underway on the navigable waters of visibility any blind sector caused by the United States unless no more than cargo, cargo gear, or other permanent 12 hours before entering or getting un- obstruction must not exceed 5 degrees. derway, the following equipment has (2) From the conning position, the been tested: horizontal field of vision must extend over an arc from at least 22.5 degrees (1) Primary and secondary steering abaft the beam on one side of the ves- gear. The test procedure includes a vis- sel, through dead ahead, to at least 22.5 ual inspection of the steering gear and degrees abaft the beam on the other its connecting linkage, and, where ap- side of the vessel. Blind sectors forward plicable, the operation of the following: of the beam caused by cargo, cargo (i) Each remote steering gear control gear, or other permanent obstruction system. must not exceed 10 degrees each, nor (ii) Each steering position located on total more than 20 degrees, including the navigating bridge. any blind sector within the arc of visi- (iii) The main steering gear from the bility described in paragraph (a)(1) of alternative power supply, if installed. this section. (iv) Each rudder angle indicator in (3) From each bridge wing, the field relation to the actual position of the of vision must extend over an arc from rudder. at least 45 degrees on the opposite bow, (v) Each remote steering gear control through dead ahead, to at least dead system power failure alarm. astern. (vi) Each remote steering gear power (4) From the main steering position, unit failure alarm. the field of vision must extend over an (vii) The full movement of the rudder arc from dead ahead to at least 60 de- to the required capabilities of the grees on either side of the vessel. steering gear. (b) A clear view must be provided (2) All internal vessel control com- through at least two front windows at munications and vessel control alarms. all times regardless of weather condi- (3) Standby or emergency generator, tions. for as long as necessary to show proper [CGD 85–099, 55 FR 32247, Aug. 8, 1990, as functioning, including steady state amended by USCG–2006–25150, 71 FR 39211, temperature and pressure readings. July 12, 2006] (4) Storage batteries for emergency lighting and power systems in vessel § 164.19 Requirements for vessels at control and propulsion machinery anchor. spaces. The master or person in charge of (5) Main propulsion machinery, ahead each vessel that is anchored shall en- and astern. sure that: (b) Vessels navigating on the Great (a) A proper anchor watch is main- Lakes and their connecting and tribu- tained; tary waters, having once completed the (b) Procedures are followed to detect test requirements of this subpart, are a dragging anchor; and considered to remain in compliance (c) Whenever weather, tide, or cur- until arriving at the next port of call rent conditions are likely to cause the on the Great Lakes. vessel’s anchor to drag, action is taken (c) Vessels entering the Great Lakes to ensure the safety of the vessel, from the St. Lawrence Seaway are con- structures, and other vessels, such as sidered to be in compliance with this being ready to veer chain, let go a sec- sub-part if the required tests are con- ond anchor, or get underway using the ducted preparatory to or during the vessel’s own propulsion or tug assist- passage of the St. Lawrence Seaway or ance. within one hour of passing Wolfe Is- [CGD 74–77, 42 FR 5956, Jan. 31, 1977] land.

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(d) No vessel may enter, or be oper- (ii) Tidal current tables published by ated on the navigable waters of the private entities using data provided by United States unless the emergency the National Ocean Service, or river steering drill described below has been current publication issued by the U.S. conducted within 48 hours prior to Army Corps of Engineers, or a river au- entry and logged in the vessel logbook, thority. unless the drill is conducted and logged (b) As an alternative to the require- on a regular basis at least once every ments for paragraph (a) of this section, three months. This drill must include a marine chart or publication, or appli- at a minimum the following: cable extract, published by a foreign (1) Operation of the main steering government may be substituted for a gear from within the steering gear U.S. chart and publication required by compartment. this section. The chart must be of large (2) Operation of the means of commu- enough scale and have enough detail to nications between the navigating make safe navigation of the area pos- bridge and the steering compartment. sible, and must be currently corrected. (3) Operation of the alternative power The publication, or applicable extract, supply for the steering gear if the ves- must singly or in combination contain sel is so equipped. similar information to the U.S. Gov- ernment publication to make safe navi- (92 Stat. 1471 (33 U.S.C. 1221 et seq.); 49 CFR gation of the area possible. The publi- 1.46(n)(4)) cation, or applicable extract must be [CGD 77–183, 45 FR 18925, Mar. 24, 1980, as currently corrected, with the excep- amended by CGD 83–004, 49 FR 43466, Oct. 29, tions of tide and tidal current tables, 1984] which must be the current editions. (c) As used in this section, ‘‘currently § 164.30 Charts, publications, and corrected’’ means corrected with equipment: General. changes contained in all Notices to No person may operate or cause the Mariners published by the National Im- operation of a vessel unless the vessel agery and Mapping Agency, or an has the marine charts, publications, equivalent foreign government publica- and equipment as required by §§ 164.33 tion, reasonably available to the ves- through 164.41 of this part. sel, and that is applicable to the vessel’s transit. [CGD 82–055, 48 FR 44535, Sept. 29, 1983] [CGD 82–055, 48 FR 44535, Sept. 29, 1983, as § 164.33 Charts and publications. amended by USCG–2001–9286, 66 FR 33641, June 25, 2001] (a) Each vessel must have the following: § 164.35 Equipment: All vessels. (1) Marine charts of the area to be Each vessel must have the following: transited, published by the National (a) A marine radar system for surface Ocean Service, U.S. Army Corps of En- navigation. gineers, or a river authority that— (b) An illuminated magnetic steering (i) Are of a large enough scale and compass, mounted in a binnacle, that have enough detail to make safe navi- can be read at the vessel’s main steer- gation of the area possible; and ing stand. (ii) Are currently corrected. (c) A current magnetic compass devi- (2) For the area to be transited, a ation table or graph or compass com- currently corrected copy of, or applica- parison record for the steering com- ble currently corrected extract from, pass, in the wheelhouse. each of the following publications: (d) A gyrocompass. (i) U.S. Coast Pilot. (e) An illuminated repeater for the (ii) Coast Guard Light List. gyrocompass required by paragraph (d) (3) For the area to be transited, the of this section that is at the main current edition of, or applicable cur- steering stand, unless that gyro- rent extract from: compass is illuminated and is at the (i) Tide tables published by private main steering stand. entities using data provided by the Na- (f) An illuminated rudder angle indi- tional Ocean Service. cator in the wheelhouse.

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(g) The following maneuvering infor- (3) Water depth twice the vessel’s draft or mation prominently displayed on a fact greater; sheet in the wheelhouse: (4) Clean hull; and (1) A turning circle diagram to port (5) Intermediate drafts or unusual trim. and starboard that shows the time and (h) An echo depth sounding device. distance and advance and transfer re- (i) A device that can continuously quired to alter course 90 degrees with record the depth readings of the ves- maximum rudder angle and constant sel’s echo depth sounding device, ex- power settings, for either full and half cept when operating on the Great speeds, or for full and slow speeds. For Lakes and their connecting and tribu- vessels whose turning circles are essen- tary waters. tially the same for both directions, a diagram showing a turning circle in (j) Equipment on the bridge for plot- one direction, with a note on the dia- ting relative motion. gram stating that turns to port and (k) Simple operating instructions starboard are essentially the same, with a block diagram, showing the may be substituted. change-over procedures for remote (2) The time and distance to stop the steering gear control systems and vessel from either full and half speeds, steering gear power units, permanently or from full and slow speeds, while displayed on the navigating bridge and maintaining approximately the initial in the steering gear compartment. heading with minimum application of (l) An indicator readable from the the rudder. centerline conning position showing (3) For each vessel with a fixed pro- the rate of revolution of each propeller, peller, a table of shaft revolutions per except when operating on the Great minute for a representative range of Lakes and their connecting and tribu- speeds. tary waters. (4) For each vessel with a control- (m) If fitted with controllable pitch lable pitch propeller, a table of control propellers, an indicator readable from settings for a representative range of the centerline conning position show- speeds. ing the pitch and operational mode of (5) For each vessel that is fitted with such propellers, except when operating an auxiliary device to assist in maneu- on the Great Lakes and their con- vering, such as a bow thruster, a table necting and tributary waters. of vessel speeds at which the auxiliary (n) If fitted with lateral thrust pro- device is effective in maneuvering the vessel. pellers, an indicator readable from the centerline conning position showing (6) The maneuvering information for the normal load and normal ballast the direction and amount of thrust of condition for: such propellers, except when operating (i) Calm weather—wind 10 knots or on the Great Lakes and their con- less, calm sea; necting and tributary waters. (ii) No current; (o) A telephone or other means of (iii) Deep water conditions—water communication for relaying headings depth twice the vessel’s draft or great- to the emergency steering station. er; and Also, each vessel of 500 gross tons and (iv) Clean hull. over and constructed on or after June (7) At the bottom of the fact sheet, 9, 1995 must be provided with arrange- the following statement: ments for supplying visual compass- readings to the emergency steering sta- WARNING tion. The response of the (name of the vessel) (92 Stat. 1471 (33 U.S.C. 1221 et seq.); 49 CFR may be different from that listed above if 1.46(n)(4)) any of the following conditions, upon which the maneuvering information is based, are [CGD 74–77, 42 FR 5956, Jan. 31, 1977, as varied: amended by CGD 77–183, 45 FR 18925, Mar. 24, (1) Calm weather—wind 10 knots or less, 1980; CGD 83–004, 49 FR 43466, Oct. 29, 1984; calm sea; CGD 83–043, 60 FR 24771, May 10, 1995; 60 FR (2) No current; 28834, June 2, 1995]

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§ 164.37 Equipment: Vessels of 10,000 rigidly connected in a composite unit gross tons or more. and are required by Rule 24(b) of the (a) Each vessel of 10,000 gross tons or International Regulations for Pre- more must have, in addition to the venting Collisions at Sea, 1972 (72 radar system under § 164.35(a), a second COLREGS) (App. A to 33 CFR Part 81) marine radar system that operates to exhibit the lights prescribed in Rule independently of the first. 23 for a ‘‘Power Driven Vessel Under- way’’. NOTE: Independent operation means two Tank vessel means a vessel that is completely separate systems, from separate constructed or adapted to carry; or car- branch power supply circuits or distribution ries, oil or hazardous materials in bulk panels to antennas, so that failure of any component of one system will not render the as cargo or cargo residue. other system inoperative. (b) An Automatic Radar Plotting Aid (ARPA) that complies with the stand- (b) On each tanker of 10,000 gross tons ard for such devices adopted by the or more that is subject to 46 U.S.C. International Maritime Organization 3708, the dual radar system required by in its ‘‘Operational Standards for Auto- this part must have a short range capa- matic Radar Plotting Aids’’ (Appendix bility and a long range capability; and A), and that has both audible and vis- each radar must have true north fea- ual alarms, must be installed as fol- tures consisting of a display that is lows: stabilized in azimuth. (1) Each self-propelled vessel, except (Titles I and II, 86 Stat. 426, 427 (33 U.S.C. a public vessel, of 10,000 gross tons or 1224; 46 U.S.C. 391(a); 49 CFR 1.46(n)(4)) more carrying oil or hazardous mate- [CGD 77–016, 43 FR 32112, July 24, 1978, as rials in bulk as cargo or in residue on amended by CGD 79–033, 44 FR 26741, May 7, the navigable waters of the United 1979; CGD 79–033, 47 FR 34389, Aug. 9, 1982; States, or which transfers oil or haz- USCG–1998–3799, 63 FR 35532, June 30, 1998] ardous materials in any port or place subject to the jurisdiction of the § 164.38 Automatic radar plotting aids United States, must be equipped with (ARPA). an ARPA. (a) The following definitions are used (2) Each tank vessel of 10,000 gross in this section— tons or more operating on the navi- Bulk means material in any quantity gable waters of the United States must that is shipped, stored, or handled be equipped with an ARPA. without benefit of package, label, mark (3) Each self-propelled vessel of 15,000 or count and carried in integral or gross tons or more that is not a tank fixed independent tanks. vessel, and is not carrying oil or haz- Constructed means a stage of con- ardous material in bulk as cargo or in struction where— residue operating on the navigable (1) The keel is laid; waters of the United States, and was (2) Construction identifiable with a constructed before September 1, 1984, specific ship begins; or must be equipped with an ARPA, ex- (3) Assembly of that ship has com- cept when it is operating on the Great menced comprising at least 50 tons or 1 Lakes and their connecting and tribu- percent of the estimated mass of all tary waters. structural material, whichever is less. (4) Each vessel of 10,000 gross tons or Hazardous material means— more, except when operating on the (1) A flammable liquid as defined in Great Lakes and their connecting and 46 CFR 30.10–22 or a combustible liquid tributary waters, constructed on or as defined in 46 CFR 30.10–15; after September 1, 1984 must be (2) A material listed in table 151.05 of equipped with an ARPA. 46 CFR 151.05, table 1 of 46 CFR 153, or (c) [Reserved] table 4 of 46 CFR Part 154; or (d)(1) Each device required under (3) A liquid, liquefied gas, or com- paragraph (b) of this section must have pressed gas listed in 49 CFR 172.101. a permanently affixed label containing: Self-propelled vessel includes those (i) The name and address of the man- combinations of pushing vessel and ufacturer; and vessel being pushed ahead which are (ii) The following statement:

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‘‘This device was designed and manu- gets for tracking should be provided to the factured to comply with the Inter- user. If the ARPA does not track all targets national Maritime Organization (IMO) visible on the display, targets which are ‘Performance Standards for Automatic being tracked should be clearly indicated on the display. The reliability of tracking Radar Plotting Aids (ARPA).’ ’’ should not be less than that obtainable using (2) [Reserved] manual recording of successive target positions obtained from the radar display. APPENDIX A TO § 164.38—PERFORMANCE STAND- ARDS FOR AUTOMATIC RADAR PLOTTING AIDS 3.3.3 Provided the target is not subject to (ARPA) target swop, the ARPA should continue to track an acquired target which is clearly dis- 1 Introduction tinguishable on the display for 5 out of 10 consecutive scans. 1.1 The Automatic Radar Plotting Aids (ARPA) should, in order to improve the 3.3.4 The possibility of tracking errors, in- standard of collision avoidance at sea: cluding target swop, should be minimized by .1 Reduce the work-load of observers by ARPA design. A qualitative description of enabling them to automatically obtain infor- the effects of error sources on the automatic mation so that they can perform as well with tracking and corresponding errors should be multiple targets as they can by manually provided to the user, including the effects of plotting a single target; and low signal to noise and low signal to clutter .2 Provide continuous, accurate and rapid ratios caused by sea returns, rain, snow, low situation evaluation. clouds and non-synchronous emission. 3.3.5 The ARPA should be able to display 1.2 In addition to the General Require- on request at least four equally time-spaced ments for Electronic Navigational Aids past positions of any targets being tracked ([IMO] Res. A.281(VII)), the ARPA should over a period of at least eight minutes. comply with the following minimum performance standards. 3.4 Display 3.4.1 The Display may be a separate or in- 2 Definitions tegral part of the ship’s radar. However, the ARPA display should include all the data re- 2.1 Definitions of terms in these perform- quired to be provided by a radar display in ance standards are given in Annex 1. accordance with the performance standards 3 Performance Standards for navigational radar equipment adopted by the Organization. 3.1 Detection 3.4.2 The design should be such that any 3.1.1 Where a separate facility is provided malfunction of ARPA parts producing infor- for detection of targets, other than by the mation additional to information to be pro- radar observer, it should have a performance duced by the radar as required by the per- not inferior to that which could be obtained formance standards for navigational equip- by the use of the radar display. ment adopted by IMO should not affect the 3.2 Acquisition integrity of the basic radar presentation. 3.2.1 Target acquisition may be manual or 3.4.3 The display on which ARPA informa- automatic. However, there should always be tion is presented should have an effective di- a facility to provide for manual acquisition ameter of at least 340 mm. and cancellation. ARPA with automatic ac- 3.4.4 The ARPA facilities should be avail- quisition should have a facility to suppress able on at least the following range scales: acquisition in certain areas. On any range scale where acquisition is suppressed over a .1 12 or 16 miles; certain area, the area of acquisition should .2 3 or 4 miles. be indicated on the display. 3.4.5 There should be a positive indication 3.2.2 Automatic or manual acquisition of the range scale in use. should have a performance not inferior to 3.4.6 The ARPA should be capable of oper- that which could be obtained by the user of ating with a relative motion display with the radar display. ‘‘north-up’’ and either ‘‘head-up’’ or ‘‘course- 3.3 Tracking up’’ azimuth stabilization. In addition, the 3.3.1 The ARPA should be able to auto- ARPA may also provide for a true motion matically track, process, simultaneously dis- display. If true motion is provided, the oper- play and continuously update the informa- ator should be able to select for his display tion on at least: either true or relative motion. There should .1 20 targets, if automatic acquisition is be a positive indication of the display mode provided, whether automatically or manu- and orientation in use. ally acquired; or 3.4.7 The course and speed information .2 10 targets, if only manual acquisition is generated by the ARPA for acquired targets provided. should be displayed in a vector or graphic 3.3.2 If automatic acquisition is provided, form which clearly indicates the target’s description of the criteria of selection of tar- predicted motion. In this regard:

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.1 ARPA presenting predicted information or audible signal of any tracked target which in vector form only should have the option of is predicted to close to within a minimum both true and relative vectors; range and time chosen by the observer. The .2 An ARPA which is capable of pre- target causing the warning should be clearly senting target course and speed information indicated on the display. in graphic form, should also, on request, pro- 3.5.3 The ARPA should clearly indicate if vide the target’s true and/or relative vector; a tracked target is lost, other than out of .3 Vectors displayed should be either time range, and the target’s last tracked position adjustable or have a fixed time-scale; should be clearly indicated on the display. .4 A positive indication of the time-scale 3.5.4 It should be possible to activate or of the vector in use should be given. de-activate the operational warnings. 3.4.8 The ARPA information should not 3.6 Data Requirements obscure radar information in such a manner 3.6.1 At the request of the observer the as to degrade the process of detecting tar- following information should be immediately gets. The display of ARPA data should be available from the ARPA in alphanumeric under the control of the radar observer. It form in regard to any tracked target: should be possible to cancel the display of unwanted ARPA data. 1. Present range to the target; 3.4.9 Means should be provided to adjust 2. Present bearing of the target;. independently the brilliance of the ARPA .3 Predicted target range at the closest data and radar data, including complete point of approach (CPA); elimination of the ARPA data. .4 Predicted time to CPA (TCPA); 3.4.10 The method of presentation should .5 Calculated true course of target; ensure that the ARPA data is clearly visible .6 Calculated true speed of target. in general to more than one observer in the 3.7 Trial Manoeuvre conditions of light normally experienced on 3.7.1 The ARPA should be capable of sim- the bridge of a ship by day and by night. ulating the effect on all tracked targets of Screening may be provided to shade the dis- an own ship manoeuvre without interrupting play from sunlight but not to the extent that the updating of target information. The sim- it will impair the observer’s ability to main- ulation should be initiated by the depression tain a proper lookout. Facilities to adjust either of a spring-loaded switch, or of a func- the brightness should be provided. tion key, with a positive identification on 3.4.11 Provisions should be made to obtain the display. quickly the range and bearing of any object 3.8 Accuracy which appears on the ARPA display. 3.4.12 When a target appears on the radar 3.8.1 The ARPA should provide accuracies display and, in the case of automatic acquisi- not less than those given in paragraphs 3.8.2 tion, enters within the acquisition area cho- and 3.8.3 for the four scenarios defined in sen by the observer or, in the case of manual Annex 2. With the sensor errors specified in acquisition, has been acquired by the ob- Annex 3, the values given relate to the best server, the ARPA should present in a period possible manual plotting performance under of not more than one minute an indication of environmental conditions of plus and minus the target’s motion trend and display within ten degrees of roll. three minutes the target’s predicted motion 3.8.2 An ARPA should present within one in accordance with paragraphs 3.4.7, 3.6, 3.8.2 minute of steady state tracking the relative and 3.8.3. motion trend of a target with the following 3.4.13 After changing range scales on accuracy values (95 percent probability val- which the ARPA facilities are available or ues): resetting the display, full plotting information should be displayed within a period of Relative Relative Scenario/data course (de- speed CPA (n.m.) time not exceeding four scans. grees) (Knots) 3.5 Operational Warnings 3.5.1 The ARPA should have the capa- 1 ...... 11 2.8 1.6 bility to warn the observer with a visual and/ 2 ...... 7 0.6 ...... or audible signal of any distinguishable tar- 3 ...... 14 2.2 1.8 get which closes to a range or transits a zone 4 ...... 15 1.5 2.0 chosen by the observer. The target causing the warning should be clearly indicated on 3.8.3 An ARPA should present within the display. three minutes of steady state tracking the 3.5.2 The ARPA should have the capa- motion of a target with the following accu- bility to warn the observer with a visual and/ racy values (95 percent probability values):

Relative Relative True True Scenario/data course speed C.P.A. TCPA course 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

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Relative Relative True True Scenario/data course speed C.P.A. TCPA course speed (degrees) (knots) (n.m.) (mins) (degrees) (knots)

3 ...... 4.4 .9 .7 1.0 3.3 1.0 4 ...... 4.6 .8 .7 1.0 2.6 1.2

3.8.4 When a tracked target, or own ship, True speed—The speed of a target obtained has completed a manoeuvre, the system by the vectorial combination of its relative should present in a period of not more than motion and own ship’s motion 1. one minute an indication of the target’s mo- Bearing—The direction of one terrestrial tion trend, and display within three minutes point from another. Expressed as an angular the target’s predicted motion in accordance distance from North. with paragraphs 3.4.7, 3.6, 3.8.2 and 3.8.3 Relative motion display—The position of 3.8.5 The ARPA should be designed in own ship on such a display remains fixed. such a manner that under the most favorable True motion display—The position of own conditions of own ship motion the error con- ship on such display moves in accordance tribution from the ARPA should remain in- with its own motion. Azimuth stabilization—Own ship’s compass significant compared to the errors associated information is fed to the display so that with the input sensors, for scenarios of echoes of targets on the display will not be Annex 2. caused to smear by changes of own ship’s 3.9 Connections with other equipment heading. 3.9.1 The ARPA should not degrade the /North-up—The line connecting the center performance of any equipment providing sen- with the top of this display is North. sor inputs. The connection of the ARPA to /Head-up—The line connecting the center any other equipment should not degrade the with the top of the display is own ship performance of that equipment. heading. 3.10 Performance test and warnings /Course-up—An intended course can be set to 3.10.1 The ARPA should provide suitable the line connecting the center with the warnings of ARPA malfunction to enable the top of the display. observer to monitor the proper operation of Heading—The direction in which the bow the system. Additionally test programmes of a vessel is pointing. Expressed as an angu- should be available so that the overall per- lar distance from North. formance of ARPA can be assessed periodi- Target’s predicted motion—The indication cally against a known solution. on the display of a liner extrapolation into 3.11 Equipment used with ARPA the future of a target’s motion, based on measurements of the target’s range and 3.11.1 Log and speed indicators providing bearing on the radar in the recent past. inputs to ARPA equipment should be capable Target’s motion trend—An early indica- of providing the ship’s speed through the tion of the target’s predicted motion. water. Radar Plotting—The whole process of target detection, tracking, calculation of pa- ANNEX 1 TO APPENDIX A TO § 164.38—DEFINI- rameters and display of information. TIONS OF TERMS TO BE USED ONLY IN CON- Detection—The recognition of the presence NECTION WITH ARPA PERFORMANCE STAND- of a target. ARDS Acquisition—The selection of those targets Relative course—The direction of motion requiring a tracking procedure and the initi- of a target related to own ship as deduced ation of their tracking. from a number of measurements of its range Tracking—The process of observing the se- and bearing on the radar. Expressed as an an- quential changes in the position of a target, gular distance from North. to establish its motion. Relative speed—The speed of a target re- Display—The plan position presentation of lated to own ship, as deduced from a number ARPA data with radar data. of measurements of its range and bearing on Manual—An activity which a radar ob- the radar. server performs, possibly with assistance from a machine. True course—The apparent heading of a Automatic—An activity which is per- target obtained by the vectorial combination formed wholly by a machine. of the target’s relative motion and ship’s own motion 1. Expressed as an angular dis- ANNEX 2 TO APPENDIX A TO § 164.38— tance from North. OPERATIONAL SCENARIOS For each of the following scenarios pre- 1 For the purpose of these definitions there dictions are made at the target position de- is no need to distinguish between sea or fined after previously tracking for the appro- ground stabilization. priate time of one or three minutes:

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Scenario 1 Roll-Pitch Bearing. The bearing error will peak in each of the four quadrants around Own ship course—000° own ship for targets on relative bearings of Own ship speed—10 kt 045°, 135°, 225° and 315° and will be zero at rel- Target range—8 n.m. ative bearings of 0°, 90°, 180° and 270°. This Bearing of target—000° ° error has a sinusoidal variation at twice the Relative course of target—180 ° Relative speed of target—20 kt roll frequency. For a 10 roll the mean error is 0.22° with a 0.22° peak sine wave super- Scenario 2 imposed. Beam shape—assumed normal distribution Own ship course—000° giving bearing error with o = 0.05. Own ship speed—10 kt Pulse shape— assumed normal distribution Target range—1 n.m. Bearing of target—000° giving range error with o = 20 meters. Relative course of target—090° Antenna backlash—assumed rectangular ± Relative speed of target—10 kt distribution giving bearing error 0.5 maximum. Scenario 3 Quantization Own ship course—000° Own ship speed—5 kt Bearing—rectangular distribution ± 0.01° Target range—8 n.m. maximum. Bearing of target—045° Range—rectangular distribution ± 0.01 n.m. Relative course of target—225° maximum. Relative speed of target—20 kt Bearing encoder assumed to be running from a remote synchro giving bearing errors Scenario 4 with a normal distribution o = 0.03° Own ship course—000° Own ship speed—25 kt Gyro compass Target range—8 n.m. Calibration error 0.5°. ° Bearing of target—045 Normal distribution about this with o = ° Relative course of target—225 0.12°. Relative speed of target—20 kt Log ANNEX 3 TO APPENDIX A TO § 164.38—SENSOR ERRORS Calibration error 0.5 kt. The accuracy figures quoted in paragraph Normal distribution about this, 3 o = 0.2 3.8 are based upon the following sensor errors kt. and are appropriate to equipment complying APPENDIX B TO § 164.38—U.S. MARITIME AD- with the Organization’s performance stand- MINISTRATION COLLISION AVOIDANCE SYSTEM ards for shipborne navigational equipment. 2 SPECIFICATION Note: o means ‘‘standard deviation’’ A collision system designed as a supple- Radar ment to both surface search navigational radars via interswitching shall be installed. Target Glint (Scintillation) (for 200 m The system shall provide unattended moni- length target) toring of all radar echoes and automatic Along length of target o = 30 m. (normal audio and visual alarm signals that will alert distribution) the watch officer of a possible threat. The Across beam of target o = 1 m. (normal dis- display shall be contained within a console tribution) capable of being installed adjacent to the radar displays in the wheelhouse and may 2 In calculations leading to the accuracy form a part of the bridge console. figures quoted in paragraph 3.8, these sensor Provision for signal input from the ship’s error sources and magnitudes were used. radars, gyro compass, and speed log, without They were arrived at during discussions with modification to these equipments shall be national government agencies and equip- made. The collision avoidance system, ment manufacturers and are appropriate to whether operating normally or having failed, equipments complying with the Organiza- must not introduce any spurious signals or tion’s draft performance standards for radar otherwise degrade the performance of the ra- equipment (preliminary) (NAV XXII/WP.14), dars, the gyro compass or the speed log. gyro compasses (NAV XXI/9, Annex X) and Computer generated display data for each logs (preliminary) (NAV XXII/WP.15). acquired target shall be in the form of a line Independent studies carried out by na- or vector indicating true or relative target tional government agencies and equipment course, speed and both present and extrapo- manufacturers have resulted in similar accu- lated future positions. Data shall be auto- racies, where comparisons were made. matically displayed on a cathode ray tube or

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other suitable display contrivance suffi- (2) Otherwise enters or operates in ciently bright and unobstructed to permit the navigable waters of the United viewing by more than one person at a time. States, except a vessel described by In addition to displaying the collision po- § 164.02 of this part. tential of the most threatening fixed and moving targets, the system shall be capable (b) Definitions. The terms used in this of simultaneously showing land masses. section are as follows: The system display shall include a heading Constructed means the same as in indication and bearing ring. The system Chapter II–1, Regulations 1.1.2 and shall also have the capability of allowing the 1.1.3.1, of SOLAS 74. operator to select ‘‘head-up’’ and to cancel Existing tanker means a tanker— the vector or line presentation of any of the (1) For which the building contract is targets. The presentation shall be non- placed on or after June 1, 1979; smearing when changing modes or display (2) In the absence of a building con- scales in order to permit rapid evaluation of the displayed data. tract, the keel of which is laid or which Target acquisition, for display data pur- is at a similar stage of construction on poses, may be manual, automatic or both, as or after January 1, 1980; specified by Owner. (3) The delivery of which occurs on or For any manual acquisition system the after June 1, 1982; or alarms shall be initiated by a preset min- (4) That has undergone a major con- imum range; and likewise for any automatic version contracted for on or after June acquisition system the alarms shall be initi- 1, 1979; or construction of which was ated by a preset minimum acceptable passing distance (CPA—Closest Point of Ap- begun on or after January 1, 1980, or proach) and a preset advance warning time completed on or after June 1, 1982. (TCPA—Time to Closest Point of Approach). Public vessel, oil, hazardous materials, Means shall be provided to silence the audio and foreign vessel mean the same as in alarm for a given threat but the alarm shall 46 U.S.C. 2101. resound upon a subsequent threat. The vis- SOLAS 74 means the International ual alarm shall continue to operate until all Convention for the Safety of Life at threats have been eliminated. If the collision Sea, 1974, as amended. avoidance system fails to perform as indi- Tanker means a self-propelled vessel cated above, after the system is set for unattended monitoring, the system shall produce defined as a tanker by 46 U.S.C. 2101(38) both audio and visual warning alarms. or as a tank vessel by 46 U.S.C. 2101(39). The system shall be capable of simulating (c) Each tanker constructed on or a trial maneuver. after September 1, 1984, must meet the In addition to the target display, an alpha- applicable requirements of Chapter II– numeric readout shall be provided which can 1, Regulations 29 and 30, of SOLAS 74. present range, bearing, course, speed, CPA (d) Each tanker constructed before and TCPA for any selected target, either on September 1, 1984, must meet the re- the target display or by other display means. The collision avoidance system shall be en- quirements of Chapter II–1, Regulation ergized from the interior communications 29.19, of SOLAS 74. panel board in the wheelhouse. (e) Each tanker of 40,000 gross tons or The collision avoidance function may be more, constructed before September 1, incorporated in an integrated conning sys- 1984, that does not meet the single-fail- tem, provided that failure of any other inte- ure criterion of Chapter II–1, Regula- grated system component will not degrade tion 29.16, of SOLAS 74, must meet the the collision avoidance function. requirements of Chapter II–1, Regula- [CGD 79–148, 45 FR 54039, Aug. 14, 1980; 45 FR tion 29.20, of SOLAS 74. 71800, Oct. 30, 1980, as amended by CGD 83– (f) Each tanker constructed before 004, 49 FR 43467, Oct. 29, 1984; USCG–1998–3799, September 1, 1984, must meet the appli- 63 FR 35532, June 30, 1998; USCG–2011–0257, 76 cable requirements of Chapter II–1, FR 31838, June 2, 2011] Regulations 29.14 and 29.15, of SOLAS § 164.39 Steering gear: Foreign tank- 74. ers. [CGD 83–043, 60 FR 24771, May 10, 1995] (a) This section applies to each foreign tanker of 10,000 gross tons or § 164.40 Devices to indicate speed and more, except a public vessel, that— distance. (1) Transfers oil at a port or place (a) Each vessel required to be fitted subject to the jurisdiction of the with an Automatic Radar Plotting Aid United States; or (ARPA) under § 164.38 of this part must

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be fitted with a device to indicate tion, the Commandant may request ad- speed and distance of the vessel either ditional information to establish through the water or over the ground. whether or not the device meets the in- (b) The device must meet the fol- tent of the Federal Radionavigation lowing specifications: Plan. Note: The Federal Radio- (1) The display must be easily read- navigation Plan is available from the able on the bridge by day or night. National Technical Information Serv- (2) Errors in the indicated speed, ice, Springfield, Va. 22161, with the fol- when the vessel is operating free from lowing Government Accession Num- shallow water effect, and from the ef- bers: fects of wind, current, and tide, should Vol 1, ADA 116468 not exceed 5 percent of the speed of the Vol 2, ADA 116469 vessel, or 0.5 knot, whichever is great- Vol 3, ADA 116470 er. Vol 4, ADA 116471 (3) Errors in the indicated distance run, when the vessel is operating free [USCG–2011–0257, 76 FR 31838, June 2, 2011] from shallow water effect, and from the § 164.42 Rate of turn indicator. effects of wind, current, and tide, should not exceed 5 percent of the dis- Each vessel of 100,000 gross tons or tance run of the vessel in one hour or more constructed on or after Sep- 0.5 nautical mile in each hour, which- tember 1, 1984 shall be fitted with a ever is greater. rate of turn indicator. [CGD 83–004, 49 FR 43467, Oct. 29, 1984, as [CGD 83–004, 49 FR 43468, Oct. 29, 1984] amended by USCG–1998–3799, 63 FR 35532, June 30, 1998] § 164.43 Automatic Identification Sys- tem Shipborne Equipment—Prince § 164.41 Electronic position fixing de- William Sound. vices. (a) Until December 31, 2004, each ves- (a) Each vessel calling at a port in sel required to provide automated posi- the continental United States, includ- tion reports to a Vessel Traffic Service ing Alaska south of Cape Prince of (VTS) under § 165.1704 of this sub- Wales, except each vessel owned or chapter must do so by an installed bareboat chartered and operated by the Automatic Identification System Ship- United States, or by a state or its po- borne Equipment (AISSE) system con- litical subdivision, or by a foreign na- sisting of a: tion, and not engaged in commerce, (1) Twelve-channel all-in-view Dif- must have a satellite navigation re- ferential Global Positioning System ceiver with— (dGPS) receiver; (1) Automatic acquisition of satellite (2) Marine band Non-Directional Bea- signals after initial operator settings con receiver capable of receiving dGPS have been entered; and error correction messages; (2) Position updates derived from sat- (3) VHF—FM transceiver capable of ellite information during each usable Digital Selective Calling (DSC) on the satellite pass. designated DSC frequency; and (b) A system that is found by the (4) Control unit. Commandant to meet the intent of the (b) An AISSE must have the fol- statements of availability, coverage, lowing capabilities: and accuracy for the U.S. Coastal Con- (1) Use dGPS to sense the position of fluence Zone (CCZ) contained in the the vessel and determine the time of U.S. ‘‘Federal Radionavigation Plan’’ the position using Universal Coordi- (Report No. DOD–NO 4650.4–P, I or No. nated Time (UTC); DOT–TSC–RSPA–80–16, I). A person de- (2) Fully use the broadcast type 1, 2, siring a finding by the Commandant 3, 5, 6, 7, 9, and 16 messages, as specified under this subparagraph must submit a in RTCM Recommended Standards for written application describing the de- Differential NAVSTAR GPS Service in vice to the Coast Guard Deputy Com- determining the required information; mander for Operations (CG–DCO), 2100 (3) Achieve a position error which is 2nd St. SW., Stop 7471, Washington, DC less than ten meters (32.8 feet) 2 dis- 20593–7471. After reviewing the applica- tance root mean square (2 drms) from

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the true North American Datum of 1983 service and on an international voyage, (NAD 83) in the position information not later than December 31, 2004. transmitted to a VTS; (2) Notwithstanding paragraph (a)(1) (4) Achieve a course error of less than of this section, the following, self-pro- 0.5 degrees from true course over pelled vessels, that are on an inter- ground in the course information national voyage must also comply with transmitted to a VTS; SOLAS, as amended, Chapter V, regu- (5) Achieve a speed error of less than lation 19.2.1.6, 19.2.4, and 19.2.3.5 or 0.05 knots from true speed over ground 19.2.5.1 as appropriate (Incorporated by in the speed information transmitted reference, see § 164.03): to a VTS; (i) Passenger vessels, of 150 gross ton- (6) Receive and comply with com- nage or more, not later than July 1, mands broadcast from a VTS as DSC 2003; messages on the designated DSC fre- (ii) Tankers, regardless of tonnage, quency; not later than the first safety survey (7) Receive and comply with RTCM for safety equipment on or after July 1, messages broadcast as minimum shift 2003; keying modulated medium frequency (iii) Vessels, other than passenger signals in the marine radiobeacon vessels or tankers, of 50,000 gross ton- band, and supply the messages to the nage or more, not later than July 1, dGPS receiver; 2004; and (8) Transmit the vessel’s position, (iv) Vessels, other than passenger tagged with the UTC at position solu- vessels or tankers, of 300 gross tonnage tion, course over ground, speed over or more but less than 50,000 gross ton- ground, and Lloyd’s identification nage, not later than the first safety number to a VTS; survey for safety equipment on or after (9) Display a visual alarm to indicate July 1, 2004, but no later than Decem- to shipboard personnel when a failure ber 31, 2004. to receive or utilize the RTCM mes- (3) Notwithstanding paragraphs (a)(1) sages occurs; and (a)(2) of this section, the following (10) Display a separate visual alarm vessels, when navigating an area de- which is triggered by a VTS utilizing a noted in table 161.12(c) of § 161.12 of this DSC message to indicate to shipboard chapter, not later than December 31, personnel that the U.S. Coast Guard 2004: dGPS system cannot provide the re- (i) Self-propelled vessels of 65 feet or quired error correction messages; and more in length, other than fishing ves- (11) Display two RTCM type 16 mes- sels and passenger vessels certificated sages, one of which must display the to carry less than 151 passengers-for- position error in the position error hire, in commercial service; broadcast. (ii) Towing vessels of 26 feet or more (c) An AISSE is considered non-oper- in length and more than 600 horse- ational if it fails to meet the require- power, in commercial service; ments of paragraph (b) of this section. (iii) Passenger vessels certificated to carry more than 150 passengers-for- NOTE: Vessel Traffic Service (VTS) areas hire. and operating procedures are set forth in part 161 of this chapter. NOTE TO § 164.46(a): ‘‘Properly installed’’ refers to an installation using the guidelines [CGD 90–020, 59 FR 36334, July 15, 1994, as set forth in IMO SN/Circ.227 (incorporated by amended by CGD 97–023, 62 FR 33365, June 19, reference, see § 164.03). Not all AIS units are 1997; USCG–2003–14757, 68 FR 39367, July 1, able to broadcast position, course, and speed 2003; 68 FR 60569, Oct. 22, 2003] without the input of an external positioning device (e.g. dGPS); the use of other external § 164.46 Automatic Identification Sys- devices (e.g. transmitting heading device, tem (AIS). gyro, rate of turn indicator) is highly rec- (a) The following vessels must have a ommended, however, not required except as properly installed, operational, type stated in § 164.46(a)(2). ‘‘Type approved’’ refers to an approval by an IMO recognized Ad- approved AIS as of the date specified: ministration as to comply with IMO Resolu- (1) Self-propelled vessels of 65 feet or tion MSC.74(69), ITU-R Recommendation more in length, other than passenger M.1371–1, and IEC 61993–2 (Incorporated by and fishing vessels, in commercial reference, see § 164.03). ‘‘Length’’ refers to

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‘‘registered length’’ as defined in 46 CFR part pating in a Vessel Traffic Service, to 69. ‘‘Gross tonnage’’ refers to tonnage as de- the Vessel Traffic Center, as soon as fined under the International Convention on possible. Tonnage Measurement of Ships, 1969. (Sec. 2, Pub. L. 95–474, 92 Stat. 1471 (33 U.S.C. (b) The requirements for Vessel 1221); 49 CFR 1.46(n)(4)) Bridge-to-Bridge radiotelephones in §§ 26.04(a) and (c), 26.05, 26.06 and 26.07 of [CGD 74–77, 42 FR 5956, Jan. 31, 1977] this chapter also apply to AIS. The EDITORIAL NOTE: For FEDERAL REGISTER ci- term ‘‘effective operating condition’’ tations affecting § 164.53, see the List of CFR used in § 26.06 of this chapter includes Sections Affected, which appears in the accurate input and upkeep of AIS data Finding Aids section of the printed volume fields. and at www.fdsys.gov. (c) The use of a portable AIS is per- § 164.55 Deviations from rules: Con- missible only to the extent that elec- tinuing operation or period of time. tromagnetic interference does not affect the proper function of existing The Captain of the Port, upon writ- navigation and communication equip- ten application, may authorize a devi- ment on board and such that only one ation from any rule in this part if he AIS unit may be in operation at any determines that the deviation does not one time. impair the safe navigation of the vessel (d) The AIS Pilot Plug, on each ves- under anticipated conditions and will sel over 1,600 gross tons on an inter- not result in a violation of the rules for national voyage, must be available for preventing collisions at sea. The au- pilot use, easily accessible from the thorization may be issued for vessels primary conning position of the vessel, operating in the waters under the juris- and near a 120 Volt, AC power, 3-prong diction of the Captain of the Port for receptacle. any continuing operation or period of time the Captain of the Port specifies. [USCG–2003–14757, 68 FR 60569, Oct. 22, 2003] [CGD 74–77, 42 FR 5956, Jan. 31, 1977] § 164.51 Deviations from rules: Emer- gency. § 164.61 Marine casualty reporting and record retention. Except for the requirements of § 164.53(b), in an emergency, any person When a vessel is involved in a marine may deviate from any rule in this part casualty as defined in 46 CFR 4.03–1, to the extent necessary to avoid endan- the master or person in charge of the gering persons, property, or the envi- vessel shall: ronment. (a) Ensure compliance with 46 CFR Subpart 4.05, ‘‘Notice of Marine Cas- [CGD 74–77, 42 FR 5956, Jan. 31, 1977] ualty and Voyage Records;’’ and (b) Ensure that the voyage records § 164.53 Deviations from rules and reporting: Non-operating equipment. required by 46 CFR 4.05–15 are retained for: (a) If during a voyage any equipment (1) 30 days after the casualty if the required by this part stops operating vessel remains in the navigable waters properly, the person directing the of the United States; or movement of the vessel may continue (2) 30 days after the return of the ves- to the next port of call, subject to the sel to a United States port if the vessel directions of the District Commander departs the navigable waters of the or the Captain of the Port, as provided United States within 30 days after the by part 160 of this chapter. marine casualty. (b) If the vessel’s radar, radio navigation receivers, gyrocompass, echo [CGD 74–77, 42 FR 5956, Jan. 31, 1977] depth sounding device, or primary steering gear stops operating properly, § 164.70 Definitions. the person directing the movement of For purposes of §§ 164.72 through the vessel must report or cause to be 164.82, the term— reported that it is not operating prop- Current edition means the most recent erly to the nearest Captain of the Port, published version of a publication, District Commander, or, if partici- chart, or map required by § 164.72.

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Currently corrected edition means a chapter, and such other, similar waters current or previous edition of a publi- as are designated by the COTP. cation required by § 164.72, corrected [CGD 94–020, 61 FR 35072, July 3, 1996, as with changes that come from Notices amended by USCG–2006–24371, 74 FR 11213, to Mariners (NTMs) or Notices to Navi- Mar. 16, 2009] gation reasonably available and that apply to the vessel’s transit. Hand-an- § 164.72 Navigational-safety equip- notated river maps from the U.S. Army ment, charts or maps, and publications required on towing vessels. Corps of Engineers (ACOE) are currently corrected editions if issued with- (a) Except as provided by § 164.01(b), in the previous 5 years. each towing vessel must be equipped with the following navigational-safety Great Lakes means the Great Lakes equipment: and their connecting and tributary (1) Marine radar. By August 2, 1997, a waters including the Calumet River as marine radar that meets the following far as the Thomas J. O’Brien Lock and applicable requirements: Controlling Works (between miles 326 (i) For a vessel of less than 300 tons and 327), the Chicago River as far as gross tonnage that engages in towing the east side of the Ashland Avenue on navigable waters of the U.S., includ- Bridge (between miles 321 and 322), and ing Western Rivers, the radar must the Saint Lawrence River as far east as meet— the lower exit of Saint Lambert Lock. (A) The requirements of the Federal Merchant mariner credential or MMC Communications Commission (FCC) means the credential issued by the specified by 47 CFR part 80; and Coast Guard under 46 CFR part 10. It (B) RTCM Standard for Marine Radar combines the individual merchant Equipment Installed on Ships of Less mariner’s document, license, and cer- Than 300 Tons Gross Tonnage, RTCM tificate of registry enumerated in 46 Paper 71–95/SC112–STD, Version 1.1, dis- U.S.C. subtitle II part E as well as the play Category II and stabilization Cat- STCW endorsement into a single cre- egory Bravo. dential that serves as the mariner’s (ii) For a vessel of less than 300 tons qualification document, certificate of gross tonnage that engages in towing identification, and certificate of serv- seaward of navigable waters of the U.S. or more than three nautical miles from ice. shore on the Great Lakes, the radar Swing-meter means an electronic or must meet— electric device that indicates the rate (A) The requirements of the FCC of turn of the vessel on board which it specified by 47 CFR part 80; and is installed. (B) RTCM Standard for Marine Radar Towing vessel means a commercial Equipment Installed on Ships of Less vessel engaged in or intending to en- Than 300 Tons Gross Tonnage, RTCM gage in pulling, pushing or hauling Paper 71–95/SC112–STD, Version 1.1, dis- alongside, or any combination of pull- play Category I and stabilization Cat- ing, pushing, or hauling alongside. egory Alpha. Western Rivers means the Mississippi (iii) For a vessel of 300 tons gross ton- River, its tributaries, South Pass, and nage or more that engages in towing on Southwest Pass, to the navigational- navigable waters of the U.S., including demarcation lines dividing the high Western rivers, the radar must meet— seas from harbors, rivers, and other in- (A) The requirements of the Federal land waters of the United States, and Communications Commission (FCC) the Port Allen-Morgan City Alter- specified by 47 CFR part 80; and native Route, and that part of the (B) RTCM Recommended Standards Atchafalaya River above its junction for Marine Radar Equipment Installed on Ships of 300 Tons Gross Tonnage and with the Port Allen-Morgan City Alter- Upwards, RTCM Paper 191–93/SC112–X, native Route including the Old River Version 1.2 except the requirements for and the Red River and those waters azimuth stabilization in paragraph 3.10. specified by §§ 89.25 and 89.27 of this (iv) For a vessel of 300 tons gross tonnage or more that engages in towing

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seaward of navigable waters of the U.S. gages in towing exclusively on Western or more than three nautical miles from Rivers; or shore on the Great Lakes, the radar (ii) An illuminated card-type mag- must meet— netic steering compass readable from (A) The requirements of the FCC the vessel’s main steering station. specified by 47 CFR Part 80; and (5) Echo depth-sounding device. By Au- (B) RTCM Recommended Standards gust 2, 2001, an echo depth-sounding de- for Marine Radar Equipment Installed vice readable from the vessel’s main on Ships of 300 Tons Gross Tonnage and steering station, unless the vessel en- Upwards, RTCM Paper 191–93/SC112–X, gages in towing exclusively on Western Version 1.2. Rivers. (v) A towing vessel with an existing (6) Electronic position-fixing device. An radar must meet the applicable re- electronic position-fixing device, a sat- quirements of paragraphs (a)(1) (i) ellite navigational system such as the through (iv) of this section by August Global Positioning System (GPS) as re- 2, 1998; except that a towing vessel with quired by § 164.41, if the vessel engages an existing radar must meet the dis- in towing seaward of navigable waters play and stabilization requirements of of the U.S. or more than three nautical paragraph (a)(1)(ii)(B) of this section miles from shore on the Great Lakes. by August 2, 2001. (b) Each towing vessel must carry on board and maintain the following: (2) Searchlight. A searchlight, (1) Charts or maps. Marine charts or directable from the vessel’s main steer- maps of the areas to be transited, pub- ing station and capable of illuminating lished by the National Ocean Service objects at a distance of at least two (NOS), the ACOE, or a river authority times the length of the tow. that satisfy the following require- (3) VHF-FM radio. An installation or ments: multiple installations of VHF-FM ra- (i) The charts or maps must be of a dios as prescribed by part 26 of this large enough scale and have enough de- chapter and 47 CFR part 80, to main- tail to make safe navigation of the tain a continuous listening watch on areas possible. the designated calling channel, VHF- (ii) The charts or maps must be ei- FM Channel 13 (except on portions of ther— the Lower Mississippi River, where (A) Current editions or currently cor- VHF-FM Channel 67 is the designated rected editions, if the vessel engages in calling channel), and to separately towing exclusively on navigable waters monitor the International Distress and of the U.S., including Western Rivers; Calling Channel, VHF-FM Channel 16, or except when transmitting or receiving (B) Currently corrected editions, if traffic on other VHF-FM channels or the vessel engages in towing seaward of when participating in a Vessel Traffic navigable waters of the U.S. or more Service (VTS) or monitoring a channel than three nautical miles from shore of a VTS. (Each U.S. towing vessel of 26 on the Great Lakes. feet (about 8 meters) or more in length, (iii) The charts or maps may be, in- except a public vessel, must hold a stead of charts or maps required by ship-radio-station license for radio paragraphs (b)(1) (i) and (ii) of this sec- transmitters (including radar and tion, currently corrected marine charts EPIRBs), and each operator must hold or maps, or applicable extracts, pub- a restricted operator’s license or high- lished by a foreign government. These er. To get an application for either li- charts or maps, or applicable extracts, cense, call (800) 418–FORM or (202) 418– must contain information similar to FORM, or write to the FCC; Wireless that on the charts or maps required by Bureau, Licensing Division; 1270 Fair- paragraphs (b)(1) (i) and (ii) of this sec- field Road; Gettysburg, PA 17325–7245.) tion, be of large enough scale, and have (4) Magnetic compass. Either— enough detail to make safe navigation (i) An illuminated swing-meter or an of the areas possible, and must be cur- illuminated card-type magnetic steer- rently corrected. ing compass readable from the vessel’s (2) General publications. A currently main steering station, if the vessel en- corrected edition of, or an applicable

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currently corrected extract from, each (B) Notices to Mariners published by of the following publications for the the National Imagery and Mapping area to be transited: Agency, or LNMs published by the (i) If the vessel is engaged in towing Coast Guard; exclusively on Western Rivers— (C) Tidal-current tables published by (A) U.S. Coast Guard Light List; private entities using data provided by (B) Applicable Notices to Navigation the NOS, or river-current tables pub- published by the ACOE, or Local No- lished by the ACOE or a river author- tices to Mariners (LNMs) published by ity: the Coast Guard, for the area to be (D) Tide tables published by private transited, when available; and entities using data provided by the (C) River-current tables published by NOS; and the ACOE or a river authority, if avail- (E) U.S. Coast Pilot. able. (c) Table 164.72, following, summa- (ii) If the vessel is engaged other rizes the navigational-safety equip- than in towing exclusively on Western ment, charts or maps, and publications Rivers— required for towing vessels of 12 meters (A) Coast Guard Light List; or more in length engaged in towing:

TABLE 164.72—EQUIPMENT, CHARTS OR MAPS, AND PUBLICATIONS FOR TOWING VESSELS OF 12 METERS OR MORE IN LENGTH

Waters seaward of navigable Western rivers U.S. navigable waters other waters and 3 NM or more from than western rivers shore on the Great Lakes

Marine Radar: Towing Vessels of RTCM Paper 71–95/SC112– RTCM Paper 71–95/SC112– RTCM Paper 71–95/SC112– Less Than 300 GT. STD Version 1.1, Display STD Version 1.1, Display STD Version 1.1, Display Category II 1 Stabilization Category II 1 Stabilization Category I 2 Stabilization Cat- Category BRAVO. Category BRAVO. egory ALPHA. Towing Vessels of 300 RTCM Paper 191–93/SC112–X RTCM Paper 191–93/SC112–X RTCM Paper 191–93/SC112–X GT or More. Version 1.2 (except the Version 1.2 (except the Version 1.2. 1 Azmuth stabilization require- Azmuth stabilization requirement in paragraph 3.10). 1. ment in 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 X X Device. Electronic Position-Fix- X ing Device. Charts or Maps ...... (1) Large enough scale ...... (1) Large enough scale ...... (1) Large enough scale. (2) Current edition or currently (2) Current edition or currently (2) Currently corrected edition. corrected edition. corrected edition. General Publications ... (1) U.S. Coast Guard Light List (1) U.S. Coast Guard Light List (1) U.S. Coast Guard Light List. (2) Notices to Navigation or (2) Local Notices to Mariners ... (2) Local Notices to Mariners. Local Notices to Mariners. (3) River-current Tables ...... (3) Tidal-current Tables ...... (3) Tidal-current 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; USCG– 2010–0351, 75 FR 36287, June 25, 2010; USCG–2011–0257, 76 FR 31838, June 2, 2011]

§ 164.74 Towline and terminal gear for shall ensure that the strength of each towing astern. towline is adequate for its intended (a) Towline. The owner, master, or op- service, considering at least the fol- erator of each vessel towing astern lowing factors:

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(1) The size and material of each tow- API Specification 9A, Section 3; ASTM line must be— D 4268 (incorporated by reference, see (i) Appropriate for the horsepower or § 164.03) or Cordage Institute CIA 3, bollard pull of the vessel; Standard Test Methods; (ii) Appropriate for the static loads (iii) Conducting visual inspections of and dynamic loads expected during the the towline in accordance with the intended service; manufacturer’s recommendations, or (iii) Appropriate for the sea condi- at least monthly, and whenever the tions expected during the intended serviceability of the towline is in doubt service; (the inspections being conducted by the (iv) Appropriate for exposure to the owner, master, or operator, or by a per- marine environment and to any chemi- son on whom the owner, master, or op- cals used or carried on board the ves- erator confers the responsibility to sel; take corrective measures appropriate (v) Appropriate for the temperatures for the use of the towline); of normal stowage and service on board (iv) Evaluating the serviceability of the vessel; the whole towline or any part of the (vi) Compatible with associated navi- towline, and removing the whole or gational-safety equipment; and part from service either as rec- (vii) Appropriate for the likelihood of ommended by the manufacturer or a mechanical damage. class society authorized in § 157.04 of (2) Each towline as rigged must be— this chapter or in accordance with a re- (i) Free of knots; placement schedule developed by the (ii) Spliced with a thimble, or have a owner, master, or operator that ac- poured socket at its end; and counts for at least the— (iii) Free of wire clips except for tem- (A) Nautical miles on, or time in porary repair, for which the towline service of, the towline; must have a thimble and either five (B) Operating conditions experienced wire clips or as many wire clips as the by the towline; manufacturer specifies for the nominal (C) History of loading of the towline; diameter and construction of the towline, whichever is more. (D) Surface condition, including cor- (3) The condition of each towline rosion and discoloration, of the tow- must be monitored through the— line; (i) Keeping on board the towing ves- (E) Amount of visible damage to the sel or in company files of a record of towline; the towline’s initial minimum break- (F) Amount of material deterioration ing strength as determined by the man- indicated by measurements of diameter ufacturer, by a classification (‘‘class’’) and, if applicable, measurements of lay society authorized in § 157.04 of this extension of the towline; and chapter, or by a tensile test that meets (G) Point at which a tensile test API Specification 9A, Specification for proves the minimum breaking strength Wire Rope, Section 3; ASTM D 4268 (in- of the towline inadequate by the stand- corporated by reference, see § 164.03), ards of paragraph (a)(1) of this section, Standard Test Method for Testing if necessary; and Fiber Ropes; or Cordage Institute CIA (v) Keeping on board the towing ves- 3, Standard Test Methods for Fiber sel or in company files of a record of Rope Including Standard Termi- the material condition of the towline nations; when inspected under paragraphs (ii) If the towline is purchased from (a)(3)(iii) and (iv) of this section. Once another owner, master, or operator of a this record lapses for three months or vessel with the intent to use it as a more, except when a vessel is laid up or towline or if it is retested for any rea- out of service or has not deployed its son, keeping on board the towing vessel towline, the owner, master, or operator or in company files of a record of each shall retest the towline or remove it retest of the towline’s minimum break- from service. ing strength as determined by a class (b) Terminal gear. The owner, master, society authorized in § 157.04 of this or operator of each vessel towing chapter or by a tensile test that meets astern shall ensure that the gear used

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to control, protect, and connect each each person directing and controlling towline meets the following criteria: the movement of the vessel— (1) The material and size of the ter- (1) Understands the arrangement of minal gear are appropriate for the the tow and the effects of maneuvering strength and anticipated loading of the on the vessel towing and on the vessel, towline and for the environment; barge, or object being towed; (2) Each connection is secured by at (2) Can fix the position of the vessel least one nut with at least one cotter using installed navigational equip- pin or other means of preventing its ment, aids to navigation, geographic failure; reference-points, and hydrographic (3) The lead of the towline is appro- contours; priate to prevent sharp bends in the (3) Does not fix the position of the towline from fairlead blocks, chocks, vessel using buoys alone (Buoys are or tackle; aids to navigation placed in approxi- (4) There is provided a method, mate positions either to alert mariners whether mechanical or non-mechan- to hazards to navigation or to indicate ical, that does not endanger operating the orientation of a channel. They may personnel but that easily releases the not maintain exact charted positions, towline; because strong or varying currents, (5) The towline is protected from ab- heavy seas, ice, and collisions with ves- rasion or chafing by chafing gear, lag- sels can move or sink them or set them ging, or other means; adrift. Although they may corroborate (6) Except on board a vessel towing in a position fixed by other means, they ice on Western Rivers or one using a cannot fix a position; however, if no towline of synthetic or natural fiber, other aids are available, buoys alone there is fitted a winch that evenly may establish an estimated position.); spools and tightly winds the towline; (4) Evaluates the danger of each clos- and ing visual or radar contact; (7) If a winch is fitted, there is at- (5) Knows and applies the variation tached to the main drum a brake that and deviation, where a magnetic com- has holding power appropriate for the pass is fitted and where charts or maps horsepower or bollard pull of the vessel have enough detail to enable this type and can be operated without power to of correction; the winch. (6) Knows the speed and direction of the current, and the set, drift, and [CGD 94–020, 61 FR 35074, July 3, 1996, as tidal state for the area to be transited; amended by USCG–1999–5151, 64 FR 67176, (7) Proceeds at a safe speed taking Dec. 1, 1999] into account the weather, visibility, density of traffic, draft of tow, possi- § 164.76 Towline and terminal gear for towing alongside and pushing bility of wake damage, speed and direc- ahead. tion of the current, and local speed- limits; and The owner, master, or operator of (8) Monitors the voyage plan required each vessel towing alongside or push- by § 164.80. ing ahead shall ensure that the face (b) The owner, master, or operator of wires, spring lines, and push gear each vessel towing shall ensure that used— the tests and inspections required by (a) Are appropriate for the vessel’s § 164.80 are conducted and that the re- horsepower; sults are entered in the log or other (b) Are appropriate for the arrange- record carried on board. ment of the tow; (c) Are frequently inspected; and [CGD 94–020, 61 FR 35075, July 3, 1996, as (d) Remain serviceable. amended by USCG–2000–6931, 68 FR 22610, Apr. 29, 2003; 69 FR 34068, June 18, 2004] [CGD 94–020, 61 FR 35075, July 3, 1996] § 164.80 Tests, inspections, and voyage § 164.78 Navigation under way: Towing planning. vessels. (a) The owner, master, or operator of (a) The owner, master, or operator of each towing vessel of less than 1,600 GT each vessel towing shall ensure that shall ensure that the following tests

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and inspections of gear occur before (C) For assistance towing as defined the vessel embarks on a voyage of more by 46 CFR 10.103; than 24 hours or when each new master (D) For response to emergency or pol- or operator assumes command: lution; (1) Steering-systems. A test of the (ii) A public vessel that is both steering-gear-control system; a test of owned, or demise chartered, and oper- the main steering gear from the alter- ated by the United States Government native power supply, if installed; a or by a government of a foreign coun- verification of the rudder-angle indi- try; and that is not engaged in com- cator relative to the actual position of mercial service; the rudder; and a visual inspection of (iii) A foreign vessel engaged in inno- the steering gear and its linkage. cent passage; or (2) Navigational equipment. A test of (iv) Exempted by the Captain of the all installed navigational equipment. Port (COTP). (3) Communications. Operation of all (2) If you think your towing vessel internal vessel control communica- should be exempt from these voyage tions and vessel-control alarms, if in- planning requirements for a specified stalled. route, you should submit a written re- (4) Lights. Operation of all naviga- quest to the appropriate COTP. The tional lights and all searchlights. COTP will provide you with a written (5) Terminal gear. Visual inspection of response granting or denying your re- tackle; of connections of bridle and quest. towing pendant, if applicable; of chaf- (3) If any part of a towing vessel’s in- ing gear; and of the winch brake, if intended voyage is seaward of the base- stalled. line (i.e., the shoreward boundary) of (6) Propulsion systems. Visual inspec- the territorial sea of the U.S., then the tion of the spaces for main propulsion owner, master, or operator of the ves- machinery, of machinery, and of de- sel, employed to tow a barge or barges, vices for monitoring machinery. must ensure that the voyage with the (b) The owner, master, or operator of barge or barges is planned, taking into each towing vessel of 1,600 GT or more account all pertinent information be- shall ensure that the following tests of fore the vessel embarks on the voyage. equipment occur at the frequency re- The master must check the planned quired by § 164.25 and that the following route for proximity to hazards before inspections of gear occur before the the voyage begins. During a voyage, if vessel embarks on a voyage of more a decision is made to deviate substan- than 24 hours or when each new master tially from the planned route, then the or operator assumes command: master or mate must plan the new (1) Navigational equipment. Tests of route before deviating from the onboard equipment as required by planned route. The voyage plan must § 164.25. follow company policy and consider the (2) Terminal gear. Visual inspection of following (related requirements noted tackle; of connections of bridle and in parentheses): towing pendant, if applicable; of chaf- (i) Applicable information from nau- ing gear; and of the winch brake, if in- tical charts and publications (also see stalled. paragraph (b) of section 164.72), includ- (c)(1) The voyage-planning require- ing Coast Pilot, Coast Guard Light ments outlined in this section do not List, and Coast Guard Local Notice to apply to you if your towing vessel is— Mariners for the port of departure, all (i) Used solely for any of the fol- ports of call, and the destination; lowing services or any combination of (ii) Current and forecast weather, in- these services— cluding visibility, wind, and sea state (A) Within a limited geographic area, for the port of departure, all ports of such as a fleeting-area for barges or a call, and the destination (also see para- commercial facility, and used for re- graphs (a)(7) of section 164.78 and (b) of stricted service, such as making up or section 164.82); breaking up larger tows; (iii) Data on tides and currents for (B) For harbor-assist; the port of departure, all ports of call,

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and the destination, and the river to the Vessel Traffic Center as soon as stages and forecast, if appropriate; practicable: (iv) Forward and after drafts of the (1) Any absence or malfunction of barge or barges and under-keel and vessel-operating equipment for naviga- vertical clearances (air-gaps) for all tional safety, such as propulsion ma- bridges, ports, and berthing areas; chinery, steering gear, radar, gyro- (v) Pre-departure checklists; compass, echo depth-sounding or other (vi) Calculated speed and estimated sounding device, automatic dependent time of arrival at proposed waypoints; surveillance equipment, or naviga- (vii) Communication contacts at any tional lighting; Vessel Traffic Services, bridges, and fa- (2) Any condition on board the vessel cilities, and any port-specific require- likely to impair navigation, such as ments for VHF radio; shortage of personnel or lack of cur- (viii) Any master’s or operator’s rent nautical charts or maps, or publi- standing orders detailing closest points cations; and of approach, special conditions, and (3) Any characteristics of the vessel critical maneuvers; and that affect or restrict the maneuver- (ix) Whether the towing vessel has ability of the vessel, such as arrange- sufficient power to control the tow ment of cargo, trim, loaded condition, under all foreseeable circumstances. under-keel clearance, and speed.) [CGD 94–020, 61 FR 35075, July 3, 1996, as (d) Deviation and authorization. The amended by USCG–2000–6931, 68 FR 22610, owner, master, or operator of each tow- Apr. 29, 2003; 69 FR 34068, June 18, 2004] ing vessel unable to repair within 96 § 164.82 Maintenance, failure, and re- hours an inoperative marine radar reporting. quired by § 164.72(a) shall so notify the Captain of the Port (COTP) and shall (a) Maintenance. The owner, master, seek from the COTP both a deviation or operator of each towing vessel shall from the requirements of this section maintain operative the navigational- and an authorization for continued op- safety equipment required by § 164.72. eration in the area to be transited. (b) Failure. If any of the navigational- safety equipment required by § 164.72 Failure of redundant navigational-safe- fails during a voyage, the owner, mas- ty equipment, including but not lim- ter, or operator of the towing vessel ited to failure of one of two installed shall exercise due diligence to repair it radars, where each satisfies § 164.72(a), at the earliest practicable time. He or does not necessitate either a deviation she shall enter its failure in the log or or an authorization. other record carried on board. The fail- (1) The initial notice and request for ure of equipment, in itself, does not a deviation and an authorization may constitute a violation of this rule; nor be spoken, but the request must also be does it constitute unseaworthiness; nor written. The written request must ex- does it obligate an owner, master, or plain why immediate repair is imprac- operator to moor or anchor the vessel. ticable, and state when and by whom However, the owner, master, or oper- the repair will be made. ator shall consider the state of the (2) The COTP, upon receiving even a equipment—along with such factors as spoken request, may grant a deviation weather, visibility, traffic, and the dic- and an authorization from any of the tates of good seamanship—in deciding provisions of §§ 164.70 through 164.82 for whether it is safe for the vessel to pro- a specified time if he or she decides ceed. that they would not impair the safe (c) Reporting. The owner, master, or navigation of the vessel under antici- operator of each towing vessel whose pated conditions. equipment is inoperative or otherwise impaired while the vessel is operating [CGD 94–020, 61 FR 35075, July 3, 1996] 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

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PART 165—REGULATED NAVIGA- tain of the Port Zone, Portsmouth Har- bor, Portsmouth, New Hampshire. TION AREAS AND LIMITED AC- 165.104 Safety Zone: Vessel Launches, Bath CESS AREAS Iron Works, Kennebec River, Bath, Maine. Subpart A—General 165.105 Security Zones; Passenger Vessels, Portland, Maine, Captain of the Port Sec. Zone. 165.1 Purpose of part. 165.106 Security Zone: Seabrook Nuclear 165.3 Definitions. Power Plant, Seabrook, New Hampshire. 165.5 Establishment procedures. 165.110 Safety and Security Zone; Liquefied 165.7 Notification. Natural Gas Carrier Transits and An- 165.8 Geographic coordinates. chorage Operations, Boston, Massachu- 165.9 Geographic application of limited and setts. controlled access areas and regulated 165.111 Safety Zone: Boston Harbor, Boston, navigation areas. Massachusetts. 165.112 Safety Zone: USS CASSIN YOUNG, Subpart B—Regulated Navigation Areas Boston, Massachusetts. 165.113 Security Zone: Dignitary arrival/de- 165.10 Regulated navigation areas. parture Logan International Airport, 165.11 Vessel operating requirements (regu- Boston, MA. lations). 165.114 Safety and Security Zones: Escorted 165.13 General regulations. Vessels—Boston Harbor, Massachusetts. Subpart C—Safety Zones 165.115 Safety and Security Zones; Pilgrim Nuclear Power Plant, Plymouth, Massa- 165.20 Safety zones. chusetts. 165.23 General regulations 165.116 Safety and Security Zones; Salem and Boston Harbors, Massachusetts. Subpart D—Security Zones 165.117 Regulated Navigation Areas, Safety and Security Zones: Deepwater Ports, 165.30 Security zones. First Coast Guard District. 165.33 General regulations. 165.120 Safety Zone: Chelsea River, Boston Inner Harbor, Boston, MA. Subpart E—Restricted Waterfront Areas 165.121 Safety and Security Zones: High In- terest Vessels, Narragansett Bay, Rhode 165.40 Restricted waterfront areas. Island. 165.122 Regulated Navigation Area: Navi- Subpart F—Specific Regulated Navigation gable waters within Narragansett Bay Areas and Limited Access Areas and the Providence River, Rhode Island. 165.125 Regulated Navigation Area; EPA FIRST COAST GUARD DISTRICT Superfund Site, New Bedford Harbor, 165.T01–0176 Regulated Navigation Area; Massachusetts. Lake Champlain Bridge Construction, 165.130 Sandy Hook Bay, New Jersey—secu- Crown Point, New York and Chimney rity zone. Point, Vermont. 165.140 New London Harbor, Connecticut— 165.T01–0220 Regulated Navigation Area: security zone. Niantic Railroad Bridge Construction, 165.141 Safety Zone: Sunken vessel EMPIRE Niantic, Connecticut. KNIGHT, Boon Island, ME. 165.T01–0470 Safety Zones; Maine Events in 165.150 New Haven Harbor, Quinnipiac Captain of the Port Long Island Sound River, Mill River. Zone. 165.151 Safety Zones; Long Island Sound an- 165.T01–0864 Security Zone: Escorted Pas- nual fireworks displays. senger Vessels, Sector Southeastern New 165.152 Coast Guard Station Fire Island, England Captain of the Port Zone. Long Island, New York—safety zone. 165.T01–0992 Safety Zone; repair of high 165.153 Regulated Navigation Area: Long Is- voltage transmission lines to Logan land Sound Marine Inspection and Cap- International Airport; Saugus River, tain of the Port Zone. Saugus, MA. 165.154 Safety and Security Zones: Long Is- 165.100 Regulated Navigation Area: Navi- land Sound Marine Inspection Zone and gable waters within the First Coast Captain of the Port Zone. Guard District. 165.155 Northville Industries Offshore Plat- 165.101 Kittery, Maine—regulated naviga- form, Riverhead, Long Island, New tion area. York—safety zone. 165.102 Security Zone: Walkers Point, 165.156 Regulated Navigation Area: East Kennebunkport, ME. Rockaway Inlet to Atlantic Beach 165.103 Safety and Security Zones; LPG Bridge, Nassau County, Long Island, New Vessel Transits in Portland, Maine, Cap- York.

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165.158 Safety Zone: Patchogue Grand Prix, 165.514 Safety Zone: Atlantic Intracoastal Patchogue Bay, Patchogue, NY. Waterway and connecting waters, vicin- 165.159 Safety Zone: New York Air Show at ity of Marine Corps Base Camp Lejeune, Jones Beach State Park, Wantagh, NY. North Carolina. 165.161 Safety zones: Coast Guard Captain of 165.515 Safety Zone: Cape Fear River, Wil- the Port New York annual fireworks dis- mington, North Carolina. plays. 165.518 Security Zone; Waters of the Fifth 165.162 Safety Zone: New York Super Boat Coast Guard District. Race, Hudson River, New York. 165.530 Safety Zone: Cape Fear and North- 165.163 Safety Zones; Port of New York/New east Cape Fear Rivers, NC. Jersey Fleet Week. 165.535 Safety Zone: Atlantic Ocean, Vicin- 165.164 Security Zones: Dignitary Arrival/ ity of Cape Henlopen State Park, Dela- Departure and United Nations Meetings, ware. New York, NY. 165.540 Regulated Navigation Area; Cape 165.165 Regulated Navigation Area; Hudson Fear River, Northeast Cape Fear River, River South of the Troy Locks, NY. Wilmington, North Carolina 165.166 Safety zone: Macy’s July 4th Fire- 165.552 Security Zone; Oyster Creek Genera- works, East River, NY. tion Station, Forked River, Ocean Coun- 165.168 Safety Zones; Coast Guard Captain ty, New Jersey. of the Port New York Fireworks Dis- 165.553 Security Zone; Salem and Hope plays. Creek Generation Stations, Delaware 165.169 Safety and Security Zones: New River, Salem County, New Jersey. York Marine Inspection Zone and Cap- 165.554 Security Zone; Three Mile Island tain of the Port Zone. Generating Station, Susquehanna River, 165.170 Safety Zone: Triathlon, Ulster, Dauphin County, Pennsylvania. Landing, Hudson River, NY. 165.555 Safety Zone; Delaware River. 165.171 Safety zones for fireworks displays 165.556 Regulated Navigation Area; Chesa- held in Coast Guard Sector Northern New peake and Delaware Canal, Chesapeake England Captain of the Port Zone. City Anchorage Basin, MD. 165.172 Safety Zone; Underwater Hazard, Gravesend Bay, Brooklyn, NY. SEVENTH COAST GUARD DISTRICT 165.202 [Reserved] 165.701 Vicinity, Kennedy Space Center, Merritt Island, Florida—security zone. FIFTH COAST GUARD DISTRICT 165.703 Tampa Bay, Florida—Safety Zone. 165.500 Safety/Security Zones; Chesapeake 165.704 Safety Zone: Tampa Bay, Florida. Bay, Maryland. 165.T0704 Safety Zone: Savannah River, Sa- 165.501 Chesapeake Bay entrance and Hamp- vannah, Georgia. ton Roads, VA and adjacent waters—Reg- 165.705 Port Canaveral Harbor, Cape Canav- ulated Navigation Area. eral, Florida. 165.502 Safety and Security Zone; Cove 165.708 Safety/Security Zone; Charleston Point Liquefied Natural Gas Terminal, Harbor and Cooper River, Charleston, SC. Chesapeake Bay, Maryland. 165.709 Security Zone; Charleston Harbor, 165.503 Security Zone; Captain of the Port Cooper River, South Carolina. Hampton Roads Zone. 165.711 Safety Zone: Port Everglades, Fort 165.504 Newport News Shipbuilding and Dry Lauderdale, FL. Dock Company Shipyard, James River, 165.714 Regulated Navigation Area; Atlantic Newport News, Va. Ocean, Charleston, SC. 165.505 Security Zone; Calvert Cliffs Nuclear 165.720 Safety/Security Zone: St. Johns Power Plant, Chesapeake Bay, Calvert River, Jacksonville, FL. County, Maryland. 165.721 Safety Zone: St. Johns River, Jack- 165.506 Safety Zones; Fifth Coast Guard Dis- sonville, FL. trict Fireworks Displays. 165.722 Security Zone: St. Johns River, 165.507 Security Zone; Chesapeake Bay, be- Jacksonville, Florida. tween Sandy Point and Kent Island, MD. 165.726 Regulated Navigation Areas; Miami 165.508 Security Zone; Georgetown Channel, River, Miami, Florida. Potomac River, Washington, DC. 165.728 Jacksonville, Florida—safety zones. 165.509 Security Zone; Severn River and 165.729 Jacksonville Harbor, Florida—secu- College Creek, Annapolis, MD. rity zone. 165.510 Delaware Bay and River, Salem 165.730 King’s Bay, Georgia—Regulated River, Christina River and Schuylkill navigation area. River-Regulated Navigation Area. 165.731 Safety/Security Zone: Cumberland 165.511 Security Zone; Atlantic Ocean, Sound, Georgia and St. Marys River En- Chesapeake & Delaware Canal, Delaware trance Channel. Bay, Delaware River and its tributaries. 165.749 Security Zone: Escorted Vessels, Sa- 165.512 Safety Zone; Patapsco River, North- vannah, Georgia, Captain of the Port west and Inner Harbors, Baltimore, MD. Zone.

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165.751 Security Zone: LNG mooring slip, 165.T08–0433 Safety Zone; Waterway Clo- Savannah River, Savannah, Georgia. sure, Atchafalaya River from Mile Mark- 165.752 Sparkman Channel, Tampa, Flor- er 117 (Morgan City Railroad Bridge) to ida—regulated navigation area. Mile Marker 0 (Simmesport, LA). 165.753 Regulated navigation area; Tampa 165.T08–0434 Safety Zone; Mile Marker 98.5 Bay, Florida. West of Harvey Lock Gulf Intracoastal 165.754 Safety Zone: San Juan Harbor, San Waterway to Mile Marker 108.5 West of Juan, PR. Harvey Lock Gulf Intracoastal Water- 165.755 Safety Zone: Guayanilla, Puerto way. Rico 165.T08–1087 Security Zone, Michoud Slip. 165.756 Regulated Navigation Area; Savan- 165.802 Lower Mississippi River, vicinity of nah River, Georgia. Old River Control Structure—Safety 165.757 Safety Zones; Ports of Ponce, Zone. Tallaboa, and Guayanilla, Puerto Rico 165.803 Mississippi River—regulated naviga- and Limetree Bay, St. Croix, U.S.V.I. tion area. 165.758 Security Zone; San Juan, Puerto 165.804 Snake Island, Texas City, Texas; Rico. mooring and fleeting of vessels—safety 165.759 Security Zones; Ports of Jackson- zone. ville, Fernandina, and Canaveral, Flor- 165.805 Security Zones; Calcasieu River and ida. Ship Channel, Louisiana. 165.760 Security Zones; Tampa Bay, Port of 165.806 Sabine Neches Waterway, Texas— Tampa, Port of Saint Petersburg, Port regulated navigation area. Manatee, Rattlesnake, Old Port Tampa, 165.807 Calcasieu River, Louisiana—regu- Big Bend, Weedon Island, and Crystal River, Florida. lated navigation area. 165.761 Security Zones; Port of Palm Beach, 165.808 Corpus Christi Ship Channel, Corpus Port Everglades, Port of Miami, and Port Christi, TX, safety zone. of Key West, Florida. 165.809 Security Zones; Port of Port Lavaca- 165.762 Security Zone; St. Thomas, U.S. Vir- Point Comfort, Point Comfort, TX and gin Islands. Port of Corpus Christi Inner Harbor, Cor- 165.763 Moving and Fixed Security Zone, pus Christi, TX. Port of Fredericksted, Saint Croix, U.S. 165.810 Mississippi River, LA-regulated Virgin Islands. navigation area. 165.764 [Reserved] 165.811 Atchafalaya River, Berwick Bay, 165.765 Regulated Navigation Area; Port Ev- LA-regulated navigation area. erglades Harbor, Fort Lauderdale, Flor- 165.812 Security Zones; Lower Mississippi ida. River, Southwest Pass Sea Buoy to Mile 165.766 Security Zone: HOVENSA Refinery, Marker 96.0, New Orleans, LA. St. Croix, U.S. Virgin Islands. 165.813 Security Zones; Ports of Houston 165.767 Security Zone; Manbirtee Key, Port and Galveston, TX. of Manatee, Florida. 165.814 Security Zones; Captain of the Port 165.768 Security Zone; MacDill Air Force Houston-Galveston Zone. Base, Tampa Bay, FL. 165.815 Ohio River at Louisville, KY; regu- 165.769 Security Zone; Escorted Vessels, lated navigation area. Charleston, South Carolina, Captain of 165.817 Arkansas River, Mile 118.2 to 125.4, the Port Zone Little Rock Arkansas—regulated naviga- 165.770 Security Zone: HOVENSA Refinery, tion area. St. Croix, U.S. Virgin Islands. 165.818 Moving Security Zones, for certain 165.771 Safety Zone; Bahia de Ponce, Puerto vessels in Freeport Entrance Channel, Rico Freeport, Texas. 165.773 Security Zone; Escorted Vessels in 165.819 Security Zone; Sabine Bank Chan- Captain of the Port Zone Jacksonville, nel, Sabine Pass Channel and Sabine- Florida. Neches Waterway, TX. 165.775 Safety Zone; Captain of the Port 165.820 Security Zone; Ohio River, Mile 34.6 Zone Jacksonville; Offshore Cape Canav- to 35.1, Shippingport, Pennsylvania. eral, Florida. 165.821 Ohio River at Cincinnati, OH; regu- 165.776 Security Zone; Coast Guard Base lated navigation area. San Juan, San Juan Harbor, Puerto Rico 165.822 Safety Zone; Fireworks Display, 165.777 Security Zone; West Basin, Port Ca- Kanawha River, WV. naveral Harbor, Cape Canaveral, Florida. 165.825 Security Zones; Captain of the Port 165.778 Security Zone; Port of Mayaguez, St. Louis, Missouri. Puerto Rico. 165.827 Regulated Navigation Area; Gal- veston Channel, TX. EIGHTH COAST GUARD DISTRICT 165.830 Regulated Navigation Area; Report- 165.T08–0432 Safety Zone; Waterway Clo- ing Requirements for Barges Loaded with sure, Morgan City–Port Allen Route from Certain Dangerous Cargoes, Inland Riv- Mile Marker 0 to Port Allen Lock. ers, Eighth Coast Guard District.

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165.835 Security Zone; Port of Mobile, Mo- 165.928 Security Zone; Mackinac Bridge, bile Ship Channel, Mobile, AL. Straits of Mackinac, Michigan. 165.836 Security Zone; Escorted Vessels, Mo- 165.929 Safety Zones; Annual events requir- bile, Alabama, Captain of the Port. ing safety zones in the Captain of the 165.837 Safety Zone; Invista Inc Facility Port Lake Michigan zone. Docks, Victoria Barge Canal, Victoria, 165.930 Safety Zone, Brandon Road Lock Texas. and Dam to Lake Michigan including Des 165.838 Regulated Navigation Area; New Or- Plaines River, Chicago Sanitary and Ship leans Area of Responsibility, New Orle- Canal, Chicago River, and Calumet- ans, LA. Saganashkee Channel, Chicago, IL. 165.931 Safety Zone, Chicago Harbor, Navy NINTH COAST GUARD DISTRICT Pier Southeast, Chicago, IL. 165.T09–0260 Safety zone; Red River. 165.933 Safety Zone, Chicago Harbor, Navy 165.T09–0263 Safety zone; Red River Safety Pier East, Chicago, IL. Zone, Red River, MN. 165.935 Safety Zone, Milwaukee Harbor, Mil- 165.T09–0417 Safety Zone; Put-In-Bay Fire- waukee, WI. works, Fox’s the Dock Pier, South Bass 165.939 Safety Zones; Annual Fireworks Island; Put-In-Bay, OH. Events in the Captain of the Port Buffalo 165.T09–1054 Safety Zone and Regulated Zone. Navigation Area, Chicago Sanitary and 165.941 Safety Zones; Annual Fireworks Ship Canal, Romeoville, IL. Events in the Captain of the Port Detroit Zone. 165.901 Great Lakes—regulated navigation areas. TENTH COAST GUARD DISTRICT 165.902 Niagara River at Niagara Falls, New York—safety zone. 165.T10–0693 Regulated Navigation Area; 165.903 Safety Zones: Cuyahoga River and Greenville Bridge Demolition, Lower Old River, Cleveland, OH. Mississippi River, Mile 531.3. 165.904 Lake Michigan at Chicago Harbor & ELEVENTH COAST GUARD DISTRICT Burnham Park Harbor—Safety and Secu- rity Zone. 165.T11–405 Safety zone; Sea World Fire- 165.905 USX Superfund Site Safety Zones: works; Mission Bay, San Diego, CA. St. Louis River. 165.T11–0511 Safety Zone; Missouri River 165.906 Lakeside Yacht Club in Cleveland from the border between Montana and Harbor, Cleveland, OH—regulated navi- North Dakota. gation areas. 165.T11–0511 Safety Zone; Big Sioux River 165.907 [Reserved] from the Military Road Bridge North 165.909 [Reserved] Sioux City to the confluence of the Mis- 165.910 Security Zones; Captain of the Port souri River, SD. Lake Michigan. 165.1101 Security Zone: San Diego Bay, CA. 165.911 Security Zones; Captain of the Port 165.1102 Security Zone; Naval Base Point Buffalo Zone. Loma; San Diego Bay, San Diego, CA. 165.912 Security Zone; Lake Erie, Perry, 165.1104 Security Zone: San Diego Bay, CA. OH. 165.1105 Security Zone: San Diego Bay, Cali- 165.914 [Reserved] fornia. 165.915 Security zones; Captain of the Port 165.1106 San Diego Bay, California—safety Detroit. zone. 165.916 Security Zones; Captain of the Port 165.1107 San Diego Bay, California. Milwaukee Zone, Lake Michigan. 165.1108 Security Zones; Cruise Ships, Port 165.918 Safety Zones; Annual events requir- of San Diego, California. ing safety zones in the Captain of the 165.1110 Security Zone: Coronado Bay Port Sault Sainte Marie zone. Bridge, San Diego, CA. 165.920 Regulated Navigation Area: USCG 165.1120 Security Zone; Naval Amphibious Station Port Huron, Port Huron, MI, Base, San Diego, CA. Lake Huron. 165.1121 [Reserved] 165.921 Regulated Navigation Area; Report- 165.1122 San Diego Bay, Mission Bay and ing Requirements for Barges Loaded with their Approaches—Regulated navigation Certain Dangerous Cargoes, Illinois Wa- area. terway System located within the Ninth 165.1131 Security Zone: Wilson Cove, San Coast Guard District. Clemente Island, California. 165.923 Regulated Navigation Area between 165.1141 Safety Zone; San Clemente 3 NM mile markers 296.1 and 296.7 of the Chi- Safety Zone, San Clemente Island, CA. cago Sanitary and Ship Canal located 165.1151 Security Zones; liquefied hazardous near Romeoville, IL. gas tank vessels, San Pedro Bay, Cali- 165.927 Safety Zone; St. Louis River, Du- fornia. luth/Interlake Tar Remediation Site, Du- 165.1152 San Pedro Bay, California—Regu- luth, MN. lated navigation area.

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165.1154 Security Zones; Cruise Ships, San 165.1311 Olympic View Resource Area, Ta- Pedro Bay, California. coma, WA. 165.1155 Security Zone; Diablo Canyon Nu- 165.1312 Security Zone; Portland Rose Fes- clear Power Plant, Avila Beach, Cali- tival on Willamette River. fornia. 165.1313 Security zone regulations, tank 165.1156 Safety Zone; Offshore Marine Ter- ship protection, Puget Sound and adja- minal, El Segundo, CA. cent waters, Washington 165.1171 Copper Canyon, Lake Havasu, Colo- 165.1314 Safety Zone; Fort Vancouver Fire- rado River—Regulated Navigation Area. works Display, Columbia River, Van- 165.1181 San Francisco Bay Region, Cali- couver, Washington. fornia—regulated navigation area. 165.1315 Safety Zones: Fireworks displays in 165.1182 Safety/Security Zone: San Fran- the Captain of the Port Columbia River cisco Bay, San Pablo Bay, Carquinez Zone. Strait, and Suisun Bay, CA. 165.1316 Safety Zone; Columbia River, 165.1183 Security Zones; tankers, cruise Astoria, Oregon. ships, and High Value Assets, San Fran- 165.1317 Security and Safety Zone; Large cisco Bay and Delta Ports, Monterey Bay Passenger Vessel Protection, Puget and Humboldt Bay, California. Sound and adjacent waters, Washington. 165.1184 Safety Zone; Coast Guard Use of 165.1318 Security and Safety Zone Regula- Force Training Exercises, San Pablo tions, Large Passenger Vessel Protec- Bay, CA. tion, Captain of the Port Columbia River 165.1185 Regulated Navigation Area; San Zone. Francisco Bay, San Pablo Bay, Carquinez 165.1319 Safety Zone Regulations, Seafair Strait, Suisun Bay, Sacramento River, Blue Angels Air Show Performance, Se- San Joaquin River, and connecting attle, WA. waters in California. 165.1321 Security Zone; Protection of Mili- 165.1187 Security Zones; Golden Gate Bridge tary Cargo, Captain of the Port Zone and the San Francisco-Oakland Bay Puget Sound, WA. Bridge, San Francisco Bay, California. 165.1322 Regulated Navigation Area: Wil- 165.1190 Security Zone; San Francisco Bay, lamette River Portland, Captain of the Oakland Estuary, Alameda, CA. Port Columbia River Zone. 165.1191 Safety zones: Northern California 165.1323 Regulated Navigation Area: Wil- annual fireworks events. lamette River Captain of the Port Co- 165.1192 Security Zones; Waters surrounding lumbia River Zone. San Francisco International Airport and 165.1324 Safety and Security Zone; Cruise Oakland International Airport, San Ship Protection, Elliott Bay and Pier-91, Francisco Bay, California. Seattle, Washington. 165.1195 Regulated Navigation Area; Hum- 165.1325 Regulated Navigation Areas; Bars boldt Bay Bar Channel and Humboldt Along the Coasts of Oregon and Wash- Bay Entrance Channel, Humboldt Bay, ington. California. 165.1326 Regulated Navigation Areas; Port 165.1197 Security Zones; San Francisco Bay, of Portland Terminal 4, Willamette San Pablo Bay, Carquinez Strait, Suisun River, Portland, OR. Bay, California. 165.1327 Security Zone; escorted U.S. Navy 165.1199 Security Zones; Military Ocean submarines in Sector Seattle Captain of Terminal Concord (MOTCO), Concord, the Port Zone. California. 165.1328 Regulated Navigation Area; U.S. Navy submarines, Hood Canal, WA. THIRTEENTH COAST GUARD DISTRICT 165.1329 Regulated Navigation Area; Thea 165.T13–175 Safety Zone; M/V DAVY Foss and Wheeler-Osgood Waterways CROCKETT, Columbia River. EPA Superfund Cleanup Site, Com- 165.1301 Puget Sound and Adjacent Waters mencement Bay, Tacoma, WA. in Northwestern Washington—Regulated 165.1330 Safety Zone; Fleet Week Maritime Navigation Area. Festival, Pier 66, Elliott Bay, Seattle, 165.1302 Bangor Naval Submarine Base, Washington. Bangor, WA. 165.1332 Safety Zones; annual firework dis- 165.1303 Puget Sound and adjacent waters, plays within the Captain of the Port, WA—regulated navigation area. Puget Sound Area of Responsibility. 165.1305 Commencement Bay, Tacoma, WA. 165.1334 Security Zone; U.S. Coast Guard 165.1307 Elliott Bay, Seattle, WA. BSU Seattle, Pier 36, Elliot Bay, Seattle, 165.1308 Columbia River, Vancouver WA. WA. 165.1309 Eagle Harbor, Bainbridge Island, 165.1335 Security Zone; Vessels Carrying WA. Hazardous Cargo, Sector Columbia River 165.1310 Strait of Juan de Fuca and adjacent Captain of the Port Zone. coastal waters of Northwest Washington; FOURTEENTH COAST GUARD DISTRICT Makah Whale Hunting—Regulated Navi- gation Area. 165.1401 Apra Harbor, Guam—safety zones.

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165.1402 Apra Outer Harbor, Guam—regu- Subpart A—General lated navigation area. 165.1403 Security Zones; Tinian, Common- § 165.1 Purpose of part. wealth of the Northern Mariana Islands. 165.1404 Apra Harbor, Guam—security zone. The purpose of this part is to: 165.1405 Regulated Navigation Areas and Se- (a) Prescribe procedures for estab- curity Zones; Designated Escorted Ves- lishing different types of limited or sels-Philippine Sea and Apra Harbor, controlled access areas and regulated Guam (including Cabras Island Channel), navigation areas; and Tanapag Harbor, Saipan, Common- (b) Prescribe general regulations for wealth of the Northern Mariana Islands different types of limited or controlled (CNMI). 165.1406 Safety Zone: Pacific Missile Range access areas and regulated navigation Facility (PMRF), Barking Sands, Island areas; of Kauai, Hawaii. (c) Prescribe specific requirements 165.1407 Security Zones; Oahu, HI. for established areas; and 165.1408 Security Zones; Maui, HI. (d) List specific areas and their 165.1409 Security Zones; Hawaii, HI. boundaries. 165.1410 Security Zones; Kauai, HI. 165.1411 Security Zone; waters surrounding § 165.3 Definitions. U.S. Forces vessel SBX–1, HI. The following definitions apply to 165.1412 Security Zone; escorted U.S. Navy submarines in Sector Honolulu Captain this part: of the Port Zone. Credential means any or all of the following: SEVENTEENTH COAST GUARD DISTRICT (1) Merchant mariner’s document. 165.1701 Port Valdez, Valdez, Alaska—safety (2) Merchant mariner’s license. zone. (3) STCW endorsement. 165.1702 Gastineau Channel, Juneau, Alas- (4) Certificate of registry. ka—safety zone. (5) Merchant mariner credential. 165.1703 Ammunition Island, Port Valdez, Merchant mariner credential or MMC Alaska. means the credential issued by the 165.1704 Prince William Sound, Alaska-regu- Coast Guard under 46 CFR part 10. It lated navigation area. 165.1706 Gastineau Channel, Juneau, Alas- combines the individual merchant ka—Safety Zone. mariner’s document, license, and cer- 165.1708 Tongass Narrows, Ketchikan, Alas- tificate of registry enumerated in 46 ka—Safety Zone. U.S.C. subtitle II part E as well as the 165.1709 Security Zones: Liquefied Natural STCW endorsement into a single cre- Gas Tanker Transits and Operations at dential that serves as the mariner’s Phillips Petroleum LNG Pier, Cook Inlet, qualification document, certificate of AK. identification, and certificate of serv- 165.1710 Port Valdez and Valdez Narrows, ice. Valdez, Alaska—security zones. 165.1711 Security Zones; Waters of the Sev- [USCG–2006–24371, 74 FR 11213, Mar. 16, 2009] enteenth Coast Guard District § 165.5 Establishment procedures. Subpart G—Protection of Naval Vessels (a) A safety zone, security zone, or 165.2010 Purpose. regulated navigation area may be es- 165.2015 Definitions. tablished on the initiative of any au- 165.2020 Enforcement authority. thorized Coast Guard official. 165.2025 Atlantic Area. (b) Any person may request that a 165.2030 Pacific Area. safety zone, security zone, or regulated AUTHORITY: 33 U.S.C. 1231; 46 U.S.C. Chap- navigation area be established. Except ter 701, 3306, 3703; 50 U.S.C. 191, 195; 33 CFR as provided in paragraph (c) of this sec- 1.05–1, 6.04–1, 6.04–6, and 160.5; Pub. L. 107–295, tion, each request must be submitted 116 Stat. 2064; Department of Homeland Se- in writing to either the Captain of the curity Delegation No. 0170.1. Port or District Commander having ju- SOURCE: CGD 79–034, 47 FR 29660, July 8, risdiction over the location as de- 1982, unless otherwise noted. scribed in part 3 of this chapter, and in- EDITORIAL NOTE: Nomenclature changes to clude the following: part 165 appear by USCG–2006–25556, 72 FR (1) The name of the person submit- 36328, 36329, July 2, 2007. ting the request;

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(2) The location and boundaries of § 165.8 Geographic coordinates. the safety zone, security zone, or regu- Geographic coordinates expressed in lated navigation area; terms of latitude or longitude, or both, (3) The date, time, and duration that are not intended for plotting on maps the safety zone, security zone, or regu- or charts whose referenced horizontal lated navigation area should be estab- datum is the North American Datum of lished; 1983 (NAD 83), unless such geographic (4) A description of the activities coordinates are expressly labeled NAD planned for the safety zone, security 83. Geographic coordinates without the zone, or regulated navigation area; NAD 83 reference may be plotted on (5) The nature of the restrictions or maps or charts referenced to NAD 83 conditions desired; and only after application of the appro- (6) The reason why the safety zone, priate corrections that are published security zone, or regulated navigation on the particular map or chart being area is necessary. used. (c) Safety Zones and Security Zones. If, for good cause, the request for a [CGD 86–082, 52 FR 33811, Sept. 8, 1987] safety zone or security zone is made § 165.9 Geographic application of lim- less than 5 working days before the ited and controlled access areas zone is to be established, the request and regulated navigation areas. may be made orally, but it must be followed by a written request within 24 (a) General. The geographic applica- hours. tion of the limited and controlled access areas and regulated navigation (Requests for safety zones, security zones, areas in this part are determined based and regulated navigation areas are approved on the statutory authority under which by the Office of Management and Budget each is created. under control number 1625–0020) (b) Safety zones and regulated naviga- [CGD 79–034, 47 FR 29660, July 8, 1982, as tion areas. These zones and areas are amended by CGD 79–026, 48 FR 35408, Aug. 4, created under the authority of the 1983; USCG–2006–25150, 71 FR 39211, July 12, Ports and Waterways Safety Act, 33 2006] U.S.C. 1221–1232. Safety zones estab- § 165.7 Notification. lished under 33 U.S.C. 1226 and regulated navigation areas may be estab- (a) The establishment of these lim- lished in waters subject to the jurisdic- ited access areas and regulated navigation of the United States as defined in tion areas is considered rulemaking. § 2.38 of this chapter, including the ter- The procedures used to notify persons ritorial sea to a seaward limit of 12 of the establishment of these areas nautical miles from the baseline. vary depending upon the circumstances (c) Security zones. These zones have and emergency conditions. Notification two sources of authority—the Ports may be made by marine broadcasts, and Waterways Safety Act, 33 U.S.C. local notice to mariners, local news 1221–1232, and the Act of June 15, 1917, media, distribution in leaflet form, and as amended by both the Magnuson Act on-scene oral notice, as well as publica- of August 9, 1950 (‘‘Magnuson Act’’), 50 tion in the FEDERAL REGISTER. U.S.C. 191–195, and sec. 104 the Mari- (b) Notification normally contains time Transportation Security Act of the physical boundaries of the area, the 2002 (Pub. L. 107–295, 116 Stat. 2064). Se- reasons for the rule, its estimated du- curity zones established under either 33 ration, and the method of obtaining au- U.S.C. 1226 or 50 U.S.C. 191 may be es- thorization to enter the area, if appli- tablished in waters subject to the juris- cable, and special navigational rules, if diction of the United States as defined applicable. in § 2.38 of this chapter, including the (c) Notification of the termination of territorial sea to a seaward limit of 12 the rule is usually made in the same nautical miles from the baseline. form as the notification of its estab- (d) Naval vessel protection zones. These lishment. zones are issued under the authority of

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14 U.S.C. 91 and 633 and may be estab- access is limited to authorized persons, lished in waters subject to the jurisdic- vehicles, or vessels. It may be station of the United States as defined in tionary and described by fixed limits or § 2.38 of this chapter, including the ter- it may be described as a zone around a ritorial sea to a seaward limit of 12 vessel in motion. nautical miles from the baseline. [USCG–2001–9044, 68 FR 42602, July 18, 2003, as § 165.23 General regulations. amended by USCG–2006–25411, 71 FR 54421, Unless otherwise provided in this Sept. 15, 2006] part: (a) No person may enter a safety zone Subpart B—Regulated Navigation unless authorized by the COTP or the Areas District Commander; (b) No person may bring or cause to § 165.10 Regulated navigation areas. be brought into a safety zone any vehi- A regulated navigation area is a cle, vessel, or object unless authorized water area within a defined boundary by the COTP or the District Com- for which regulations for vessels navi- mander; gating within the area have been estab- (c) No person may remain in a safety lished under this part. zone or allow any vehicle, vessel, or ob- § 165.11 Vessel operating requirements ject to remain in a safety zone unless (regulations). authorized by the COTP or the District Each District Commander may con- Commander; and trol vessel traffic in an area which is (d) Each person in a safety zone who determined to have hazardous condi- has notice of a lawful order or directions, by issuing regulations: tion shall obey the order or direction of (a) Specifying times of vessel entry, the COTP or District Commander movement, or departure to, from, with- issued to carry out the purposes of this in, or through ports, harbors, or other subpart. waters; (b) Establishing vessel size, speed, Subpart D—Security Zones draft limitations, and operating conditions; and § 165.30 Security zones. (c) Restricting vessel operation, in a hazardous area or under hazardous con- (a) A security zone is an area of land, ditions, to vessels which have par- water, or land and water which is so ticular operating characteristics or ca- designated by the Captain of the Port pabilities which are considered nec- or District Commander for such time essary for safe operation under the cir- as is necessary to prevent damage or cumstances. injury to any vessel or waterfront facility, to safeguard ports, harbors, ter- [CGD 79–026, 48 FR 35408, Aug. 4, 1983] ritories, or waters of the United States or to secure the observance of the § 165.13 General regulations. rights and obligations of the United (a) The master of a vessel in a regu- States. lated navigation area shall operate the (b) The purpose of a security zone is vessel in accordance with the regula- to safeguard from destruction, loss, or tions contained in Subpart F. injury from sabotage or other subver- (b) No person may cause or authorize sive acts, accidents, or other causes of the operation of a vessel in a regulated a similar nature: navigation area contrary to the regulations in this part. (1) Vessels, (2) Harbors, Subpart C—Safety Zones (3) Ports, and (4) Waterfront facilities: § 165.20 Safety zones. in the United States and all territory A Safety Zone is a water area, shore and water, continental or insular, that area, or water and shore area to which, is subject to the jurisdiction of the for safety or environmental purposes, United States.

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§ 165.33 General regulations. ordinates 44°01′59″ N, 073°25′31″ W and ° ′ ″ ° ′ ″ Unless otherwise provided in the spe- 44 02 04 N, 073 25 28 W to the north, ° ′ ″ ° ′ ″ ° ′ ″ cial regulations in Subpart F of this and 44 01 56 N, 073 25 08 W and 44 01 53 ° ′ ″ part: N, 073 25 14 W to the south. The area (a) No person or vessel may enter or will be marked with four white and or- remain in a security zone without the ange-striped ‘‘NO WAKE’’ buoys to de- permission of the Captain of the Port; fine the start and end of the regulated (b) Each person and vessel in a secu- area. rity zone shall obey any direction or (b) Regulations. In addition to 33 CFR order of the Captain of the Port; 165.10, 165.11, and 165.13, the following (c) The Captain of the Port may take restrictions or conditions apply within possession and control of any vessel in this RNA: the security zone; (1) No vessel may operate at a speed (d) The Captain of the Port may re- in excess of five knots. move any person, vessel, article, or (2) All vessels must proceed through thing from a security zone; the area with caution and operate in (e) No person may board, or take or such a manner as to produce no wake. place any article or thing on board, (3) Vessels must comply with all di- any vessel in a security zone without rections given to them by the Captain the permission of the Captain of the of the Port (COTP) Sector Northern Port; and New England or his on-scene represent- (f) No person may take or place any ative. The ‘‘on-scene representative’’ of article or thing upon any waterfront the COTP is any Coast Guard commis- facility in a security zone without the sioned, warrant, or petty officer who permission of the Captain of the Port. has been designated by the COTP to act on the COTP’s behalf. The on-scene Subpart E—Restricted Waterfront representative may be on a Coast Areas Guard vessel, New York State Police, New York Department of Environ- § 165.40 Restricted waterfront areas. mental Conservation, Vermont State The Commandant, may direct the Police, and Vermont Fish and Game or COTP to prevent access to waterfront other designated craft, or may be on facilities, and port and harbor areas, shore and will communicate with ves- including vessels and harbor craft sels via VHF–FM radio or loudhailer. therein. This section may apply to per- Members of the Coast Guard Auxiliary sons who do not possess the credentials may be present to inform vessel opera- outlined in § 125.09 of this chapter when tors of this regulation. certain shipping activities are con- (4) During certain construction ac- ducted that are outlined in § 125.15 of tivities including installation of the this chapter. bridge lift span and as deemed necessary by the COTP, all vessel move- Subpart F—Specific Regulated ment into or within the regulated area Navigation Areas and Limited may be prohibited. Access Areas (5) For purposes of navigational safety, the COTP or on-scene representa- FIRST COAST GUARD DISTRICT tive may authorize a deviation from § 165.T01–0176 Regulated Navigation this regulation. Area; Lake Champlain Bridge Con- (c) Enforcement. (1) This regulated struction, Crown Point, New York navigation area is enforceable from and Chimney Point, Vermont. April 23, 2010 through December 31, (a) Description of the regulated naviga- 2011. tion area (RNA). All navigable waters (2) The COTP may temporarily sus- on Lake Champlain 300 yards to the pend all vessel traffic through the north and south of the Lake Champlain RNA, temporarily suspend enforcement Bridge construction zone at Crown of the RNA, or suspend enforcement of Point, New York and Chimney Point, the RNA at the conclusion of bridge Vermont. The area is bounded by co- construction. In any of these events,

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the COTP will give notice by all appro- riods of enforcement on VHF–16 or via priate means to ensure the widest pub- phone at 203–468–4401. licity among the affected segments of (6) Rules of the Road (33 CFR part 84, the public. Such means of notification Inland Navigational Rules) remain in may include, but are not limited to, effect and must be strictly adhered to Broadcast Notice to Mariners and at all times. Local Notice to Mariners. Notification (c) Enforcement period. (1) This regu- will include the beginning and end lated navigation area is enforceable 24 dates and times when the traffic sus- hours a day from June 20, 2010 until pension or enforcement suspension is April 20, 2013. effective. (2) The COTP may temporarily sus- (3) Violations of this RNA should be pend enforcement of the RNA. If en- reported to the COTP at (207) 767–0303 forcement is suspended, the COTP will or on VHF–Channel 16. Persons in vio- cause a notice of the suspension of en- lation of this RNA may be subject to forcement by all appropriate means to civil and criminal penalties. effect the widest publicity among the affected segments of the public. Such EFFECTIVE DATE NOTE: By USCG–2010–0176, 75 FR 22231, Apr. 28, 2010, temporary § 165.T01– means of notification may include, but 0176 was added, effective Apr. 23, 2010 through are not limited to, Broadcast Notice to Dec. 31, 2011. Mariners and Local Notice to Mariners. Such notification will include the date § 165.T01–0220 Regulated Navigation and time that enforcement is sus- Area: Niantic Railroad Bridge Con- pended as well as the date and time struction, Niantic, Connecticut. that enforcement will resume. (a) Location. The following area is a (3) The COTP may temporarily sus- regulated navigation area: All navi- pend all traffic through the RNA for gable waters of the Federal channel on any situation that would pose immi- the Niantic River in Niantic, CT, from nent hazard to life on the navigable surface to bottom, bounded to the waters. In the event of a complete wa- north by the Highway 156/Main Street terway closure, the COTP will make Bridge and to the south beginning at a advance notice of the closure by all point on land located at 41°19′26.000″ N, means available to effect the widest 72°10′51.000″ W, then running southeast public distribution including, but are to position 41°19′16.158″ N, 72°10′45.519″ not limited to, Broadcast Notice to W (Niantic River Channel Buoy 3 Mariners and Local Notice to Mariners. (LLNR 22310)) and 41°19′15.285″ N, Such notification will include the date 72°10′44.867″ W (Niantic River Channel and time of the closure as well as the Buoy 4 (LLNR 22315)), then running date and time that normal vessel traf- east to a point on land located at fic can resume. 41°19′14.000″ N, 72°10′38.000″ W. (4) Violations of this regulated navi- (b) Regulations. (1) The general regu- gation area should be reported to the lations contained in 33 CFR 165.10, Captain of the Port Sector Long Island 165.11, and 165.13 apply. Sound, at 203–468–4401 or on VHF–Chan- (2) In accordance with the general nel 16. Persons in violation of this reg- regulations, entry into or movement ulated navigation area may be subject within this zone, during periods of en- to civil and/or criminal penalties. forcement, is prohibited unless author- EFFECTIVE DATE NOTE: By USCG–2010–0220, ized by the Captain of the Port, Long 75 FR 38926, July 7, 2010, temporary § 165.T01– Island Sound (COTP). 0220 was added, effective from July 7, 2010 (3) All persons and vessels must com- through Apr. 20, 2013. ply with the COTP or the COTP’s designated on-scene Coast Guard patrol § 165.T01–0470 Safety Zones; Maine personnel. Events in Captain of the Port Long (4) Upon being hailed by a Coast Island Sound Zone. Guard vessel by siren, radio, flashing (a) Regulations. The general regula- light or other means, the operator of tions contained in 33 CFR 165.23 as well the vessel must proceed as directed. as the following regulations apply to (5) Persons and vessels may request the fireworks displays listed in TABLE permission to enter the zone during pe- 1 of T01–0470. These regulations will be

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enforced for the duration of each event. (d) Spectators or other vessels shall Notifications of exact dates and times not anchor, block, loiter, or impede the of the enforcement period will be made transit of event participants or official to the local maritime community patrol vessels in the regulated areas through the Local Notice to Mariners during the effective dates and times, or and Broadcast Notice to Mariners. dates and times as modified through First Coast Guard District Local No- the Local Notice to Mariners, unless tice to Mariners can be found at http:// authorized by COTP or designated rep- www.navcen.uscg.gov/. resentative. (b) Definitions. The following defini- (e) Upon being hailed by a U.S. Coast tions apply to this section: Guard vessel or the designated rep- (1) Designated representative. A ‘‘des- resentative, by siren, radio, flashing ignated representative’’ is any Coast light or other means, the operator of Guard commissioned, warrant or petty the vessel shall proceed as directed. officer of the U.S. Coast Guard who has Failure to comply with a lawful direc- been designated by the Captain of the tion may result in expulsion from the Port, Sector Long Island Sound area, citation for failure to comply, or (COTP), to act on his or her behalf. The both. designated representative may be on an official patrol vessel or may be on (f) The COTP or designated rep- shore and will communicate with ves- resentative may delay or terminate sels via VHF–FM radio or loudhailer. any marine event in this subpart at In addition, members of the Coast any time it is deemed necessary to en- Guard Auxiliary may be present to insure the safety of life or property. form vessel operators of this regula- (g) The regulated area for all fire- tion. works displays listed in TABLE 1 of (2) Official patrol vessels. Official pa- T01–0470 is that area of navigable trol vessels may consist of any Coast waters within a 1000 foot radius of the Guard, Coast Guard Auxiliary, state, or launch platform or launch site for each local law enforcement vessels assigned fireworks display. or approved by the COTP. (h) Fireworks barges used in these lo- (3) Spectators. All persons and vessels cations will also have a sign on their not registered with the event sponsor port and starboard side labeled ‘‘FIRE- as participants or official patrol ves- WORKS—STAY AWAY.’’ This sign will sels. consist of 10 inch high by 1.5 inch wide (c) Vessel operators desiring to enter red lettering on a white background. or operate within the regulated areas Shore sites used in these locations will should contact the COTP or the des- display a sign labeled ‘‘FIREWORKS— ignated representative via VHF chan- STAY AWAY’’ with the same dimen- nel 16 to obtain permission to do so. sions.

TABLE 1 OF T01–0470

6 June

6.1 Chezzam Entertainment Group Fireworks • Date: June 11, 2011. Display. • Time: 8:30 p.m. to 10:30 p.m. • Location: All water of Great South Bay, Ocean Bay Park, NY in approximate position 40°39′06.45″ N, 073°8′45.26″ W (NAD 83).

7 July

7.1 Sag Harbor Fireworks ...... • Date: July 2, 2011. • Time: 8:30 p.m. to 10:30 p.m.

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TABLE 1 OF T01–0470—Continued • Location: Waters of Sag Harbor Bay off Ha- vens Beach, Sag Harbor, NY in approximate position 41°00′26″ N, 072°17′9″ W (NAD 83).

7.2 Mason’s Island Yacht Club Fireworks ...... • Date: July 2, 2011. • Rain date: July 3, 2011. • Time: 8:30 p.m. to 10:30 p.m. • Location: Waters of Fisher’s Island Sound, Noank, CT in approximate position 41°19′30.61″ N, 071°57′48.22″ W (NAD 83).

7.3 Lawrence Beach Club Fireworks ...... • Date: July 2, 2011. • Time: 8:30 p.m. to 10:30 p.m. • Location: Waters of the Atlantic Ocean off Lawrence Beach Club, Atlantic Beach, NY in approximate position 40°34′42.65″ N, 073°42′56.02″ W (NAD 83).

7.4 Cancer Center for Kids Fireworks ...... • Date: July 2, 2011. • Time: 8:30 p.m. to 10:30 p.m. • Location: Waters of Long Island Sound, Bayville, NY in approximate position 40°54′38.20″ N, 073°34′56.88″ W (NAD 83).

7.5 Barnum Festival Fireworks ...... • Date: July 3, 2011. • Rain Date: following day. • Time: 8:30 p.m. to 10:30 p.m. • Location: Waters of Bridgeport Harbor, Bridgeport, CT in approximate position 41°9′04″ N, 073°12′49″ W (NAD 83).

7.6 Devon Yacht Club ...... • Date: July 3, 2011. • Time: 8:30 p.m. to 10:30 p.m. • Location: Water of Napeague Bay, Block Is- land Sound, Amagansett, NY in approximate position 40°59′41.4″ N, 072°6′8.7″ W (NAD 83).

7.7 Independence Day Celebration Fireworks • Date: July 4, 2011. • Rain date: July 5, 2011. • Time: 8:30 p.m. to 10:30 p.m. • Location: Waters of Atlantic Ocean off Um- brella Beach, Montauk, NY in approximate position 41°01′44″ N, 071°57′13″ W (NAD 83).

7.8 Go 4th on the Bay ...... • Date: July 4, 2011. • Time: 8:30 p.m. to 10:30 p.m. • Location: Water of the Great South Bay, Blue Point, NY in approximate position 40°44′06.28″ N, 073°01′02.50″ W (NAD 83).

7.9 Dolan Family Fourth ...... • Date: July 4, 2011. • Time: 8:30 p.m. to 10:30 p.m.

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TABLE 1 OF T01–0470—Continued • Location: Water of Long Island Sound, Oys- ter Bay Harbor, Oyster Bay, NY in approximate position 40°53′42.50″ N, 073°30′04.30″ W (NAD 83).

7.10 City of Long Beach Fireworks ...... • Date: July 4, 2011. • Time: 8:30 p.m. to 10:30 p.m. • Location: Waters off Riverside Blvd, City of Long Beach, NY in approximate position 40°34′38.77″ N, 073°39′41.32″ W (NAD 83).

7.11 Shelter Island Fireworks ...... • Date: July 4, 2011. • Time: 8:30 p.m. to 10:30 p.m. • Location: Waters of Gardiner Bay, Shelter Island, NY in approximate position 41°04′39.11″ N, 072°22′01.07″ W (NAD 83).

7.12 Point O’Woods Fire Company Summer • Date: July 3, 2011. Fireworks. • Rain date: July 4, 2011. • Time: 8:30 p.m. to 10:30 p.m. • Location: Waters of the Great South Bay, Point O’Woods, NY in approximate position 40°39′18.57″ N, 073°08′5.73″ W (NAD 83).

7.13 South Bay Go 4th on the Bay Davis • Date: July 4, 2011. Park Fireworks. • Rain date: July 5, 2011. • Time: 8:30 p.m. to 10:30 p.m. • Location: Waters of the Great South Bay, Davis Park, NY in approximate position, 40°41′38.23″ N, 073°00′21.54″ W (NAD 83).

7.14 North Bay Go 4th on the Bay Fireworks • Date: July 4, 2011. • Rain date: July 5, 2011. • Time: 8:30 p.m. to 10:30 p.m. • Location: Waters of the Great South Bay, Blue Point, NY in approximate position, 40°44′06.28″ N, 073°01′02.50″ W (NAD 83).

7.15 Montauk Yacht Club Independence Day • Date: July 2, 2011. Fireworks. • Rain date: July 3, 2011. • Time: 8:30 p.m. to 10:30 p.m. • Location: Waters of Lake Montauk, Montauk, NY in approximate position, 41°03′58.80″ N, 071°55′42.83″ W (NAD 83).

7.16 Clam Shell Fireworks ...... • Date: July 16, 2011. • Rain date: July 17, 2011. • Time: 8:30 p.m. to 10:30 p.m. • Location: Waters of Three Mile Harbor, East Hampton, NY in approximate position, 41°01′14.58″ N, 072°11′11.38″ W (NAD 83).

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EFFECTIVE DATE NOTE: By USCG–2011–0470, tember 22, 2010, through 8 a.m. on April 76 FR 34857, June 15, 2011, temporary 1, 2011. § 165.T01–0470 was added, effective June 15, (c) Regulations. (1) In accordance with 2011 through 10:30 p.m. on July 16, 2011. the general regulations in § 165.33 of this part, entry into or movement § 165.T01–0864 Security Zone: Escorted Passenger Vessels, Sector South- within these zones is prohibited unless eastern New England Captain of authorized by the Captain of the Port the Port Zone. Southeastern New England or his designated representative. (a) Location. The following areas are (2) All persons and vessels must com- security zones: All navigable waters ply with the instructions of the Cap- within the Sector Southeastern New tain of the Port or his designated rep- England Captain of the Port Zone, ex- resentative. Emergency response ves- tending from the surface to the sea sels are authorized to move within the floor, that are: zone, but must abide by the restric- (1) Within a maximum 200-yard ra- tions imposed by the Captain of the dius of any passenger vessel that is un- Port or his designated representative. derway and is under escort of U.S. (3) No person may swim upon or Coast Guard law enforcement per- below the surface of the water within sonnel, or the boundaries of these security zones (2) Within a maximum 100-yard ra- unless previously authorized by the dius of any passenger vessel that is an- Captain of the Port or his designated chored, at any berth, moored, or in the representative. process of mooring. (4) Upon being hailed by a U.S. Coast (b) Definitions. As used in this sec- Guard vessel or his designated rep- tion— resentative, by siren, radio, flashing Designated representative means any light or other means, the operator of Coast Guard commissioned, warrant, or the vessel shall proceed as directed. petty officer who has been designated (5) Vessel operators desiring to enter by the Captain of the Port to act on his or operate within the security zone behalf. The on-scene representative shall contact the Captain of the Port may be on a Coast Guard vessel, or on- or his designated representative via board a Federal, State, or local agency VHF channel 16 to obtain permission to vessel that is authorized to act in sup- do so. port of the Coast Guard. EFFECTIVE DATE NOTE: By USCG–2010–0864, Passenger vessel means any passenger 75 FR 63717, Oct. 18, 2010, temporary § 165.T01– vessel over 100 gross tons authorized to 0864 was added, effective from Oct. 18, 2010 carry more than 500 passengers for hire until Apr. 1, 2011. At 76 FR 17784, Mar. 31, making voyages, any part of which is 2011, the section was continued in effect on the high seas, and for which pas- through Oct. 1, 2011. sengers are embarked, disembarked or § 165.T01–0992 Safety Zone; repair of pay a port call, in the Sector South- high voltage transmission lines to eastern New England Captain of the Logan International Airport; Port Zone. Saugus River, Saugus, MA. Sector Southeastern New England Cap- (a) General. A temporary safety zone tain of the Port Zone means the area de- is established for the event described in fined in 33 CFR 3.05–20. paragraph (a)(1): (c) Notification. Sector Southeastern (1) Repair of high voltage trans- New England Captain of the Port will mission lines to Logan International give actual notice to mariners for the Airport; Saugus River, Saugus, MA. purpose of enforcement of this tem- (i) All waters of the Saugus River, porary security zone. In addition, the from surface to bottom, within a 250- Coast Guard will broadcast the area yard radius of position 42°26′ 42″ N; designated as a security zone for the 070°58′ 14″ W. duration of the enforcement period via (ii) Effective period. This rule is effec- Broadcast Notice to Mariners. tive May 9, 2011 to October 10, 2011. (d) Effective and enforcement period. (iii) Enforcement period. This rule will This rule is effective with actual notice be enforced during a consecutive 48 for purposes of enforcement from Sep- hour period to begin each day at 9 a.m.

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and end at 2 p.m. with notice of the en- (c) Applicability. This section applies forcement of this safety zone to be to primary towing vessels engaged in made by all means to affect the widest towing tank barges carrying petroleum publicity among the affected segments oil in bulk as cargo in the regulated of the public, including publication of a navigation area, or as authorized by Notice of Enforcement in the FEDERAL the District Commander. REGISTER, in the Local Notice to Mari- (d) Regulations—(1) Positive control for ners, and in the Safety Marine Infor- barges. (i) Except as provided in para- mation Broadcast. graph (d)(1)(iii) and paragraph 5 of this (b) Regulations. (1) In accordance with section, each single hull tank barge, the general regulations in Section unless being towed by a primary tow- 165.23 of this part, entry into, ing vessel with twin-screw propulsion transiting or anchoring within this and with a separate system for power regulated area is prohibited unless au- to each screw, must be accompanied by thorized by the COTP Boston, or his an escort tug of sufficient capability to designated on-scene representative. promptly push or tow the tank barge (2) This safety zone is closed to all away from danger of grounding or col- vessel traffic, except as may be per- lision in the event of— mitted by the COTP Boston or the des- (A) A propulsion failure; ignated on-scene representative. (B) A parted towing line; (3) The ‘‘on-scene representative’’ of (C) A loss of tow; the Captain of the Port Boston is any (D) A fire; Coast Guard commissioned, warrant, or (E) Grounding; petty officer who has been designated (F) A loss of steering; or by the Captain of the Port Boston to (G) Any other time a vessel may be act on his behalf. The on-scene rep- operating in a Hazardous Vessel Oper- resentative will be aboard either a ating Condition as defined in § 161.2 of Coast Guard or Coast Guard Auxiliary this Chapter. vessel. The COTP or the designated on (ii) Double-hull tank barges are ex- scene representative may be contacted empt from paragraph (d)(1)(i) of this by telephone at 617–223–5750 or on VHF section. Channel 16. (iii) The cognizant Captain of the (4) Persons and vessels desiring to Port (COTP), upon written application, enter, transit through, anchor in, or re- may authorize an exemption from the main within the regulated area may do requirements of paragraph (d)(1)(i) of so if they obtain permission from the this section for— COTP or the designated representative (A) Any tank barge with a capacity by contacting the COTP Sector Boston of less than 25,000 barrels, operating in by telephone at 617–223–5750 or VHF an area with limited depth or width radio channel 16. such as a creek or small river; or (B) Any tank barge operating on any EFFECTIVE DATE NOTE: By USCG–2010–0992, 76 FR 19701, April 8, 2011, temporary § 165.T01– waters within the COTP Zone, if the 0992 was added, effective May 9, 2011 to Octo- operator demonstrates to the satisfac- ber 5, 2011. tion of the COTP that the barge em- ploys an equivalent level of safety to § 165.100 Regulated Navigation Area: that provided by the positive control Navigable waters within the First provisions of this section. Each request Coast Guard District. for an exemption under this paragraph (a) Regulated navigation area. All nav- must be submitted in writing to the igable waters of the United States, as cognizant COTP no later than 7 days that term is used in 33 CFR 2.36, within before the intended transit. the geographic boundaries of the First (iv) The operator of a towing vessel Coast Guard District, as defined in 33 engaged in towing any tank barge must CFR 3.05–1(b). immediately call for an escort or assist (b) Definitions. Terms used in this tug to render assistance in the event of section have the same meaning as any of the occurrences identified in those found in 33 CFR 157.03. Single- paragraph (d)(1)(i) of this section. hull identifies any tank barge that is (2) Enhanced communications. Each not a double-hull tank barge. vessel engaged in towing a tank barge

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must communicate by radio on marine and Coast Guard Local Notice to Mari- band or Very High Frequency (VHF) ners, for the destination(s). channel 13 or 16, and issue security (C) Current and forecasted weather, calls on marine band or VHF channel including visibility, wind, and sea state 13 or 16, upon approach to the following for the destination(s). places: (D) Data on tides and tidal currents (i) Execution Rocks Light (USCG for the destination(s). Light List No. [LLNR] 21440). (E) Forward and after drafts of the (ii) Matinecock Point Shoal Buoy tank barge, and under-keel and vertical (LLNR 21420). clearances for each port and berthing (iii) 32A Buoy (LLNR 21380). area. (iv) Cable and Anchor Reef Buoy (F) Pre-departure checklists. (LLNR 21330). (G) Calculated speed and estimated (v) Stratford Middle Ground Light times of arrival at proposed waypoints. (LLNR 21260). (H) Communication contacts at Ves- (vi) Old Field Point Light (LLNR sel Traffic Service (VTS) (if applica- 21275). ble), bridges, and facilities, and port- (vii) Approach to Stratford Point specific requirements for VHF radio. from the south (NOAA Chart 12370). (I) The master’s standing orders de- (viii) Falkner Island Light (LLNR tailing closest points of approach, spe- 21170). cial conditions, and critical maneu- (ix) TE Buoy (LLNR 21160). vers. (x) CF Buoy (LLNR 21140). (iv) Each owner or operator of a tank barge on an intra-port transit of not (xi) PI Buoy (LLNR 21080). more than four hours may prepare a (xii) Race Rock Light (LLNR 19815). voyage plan that contains: (xiii) Valiant Rock Buoy (LLNR (A) The information described in 19825). paragraphs (d)(3)(iii)(D) and (E) of this (xiv) Approach to Point Judith in vi- section. cinity of Block Island ferry route. (B) Current weather conditions in- (xv) Buzzards Bay Entrance Light cluding visibility, wind, and sea state. (LLNR 630). This information may be entered in ei- (xvi) Buzzards Bay Midchannel Light- ther the voyage plan or towing vessel’s ed Buoy (LLNR 16055) log book. (xvii) Cleveland East Ledge Light (C) The channels of VHF radio to (LLNR 16085). monitor. (xviii) Hog Island buoys 1 (LLNR (D) Other considerations such as 16130) and 2 (LLNR 16135). availability of pilot, assist tug, berth, (xix) Approach to the Bourne Bridge. and line-handlers, depth of berth at (xx) Approach to the Sagamore mean low water, danger areas, and se- Bridge. curity calls. (xxi) Approach to the eastern en- (4) Navigation restriction areas. Unless trance of Cape Cod Canal. authorized by the cognizant COTP, no (3) Voyage planning. (i) Each owner or tank barge may operate in— operator of a towing vessel employed (i) The waters of Cape Cod Bay south to tow a tank barge shall prepare a of latitude 42°5′ North and east of lon- written voyage plan for each transit of gitude 70°25′ West; or the tank barge. (ii) The waters of Fishers Island (ii) The watch officer is authorized to Sound east of longitude 72°2′ West, and make modifications to the plan and west of longitude 71°55′ West. validate it as necessary. (5) Special Buzzards Bay regulations. (iii) Except as provided in paragraph (i) For the purposes of this section, (d)(3)(iv) of this section, each voyage ‘‘Buzzards Bay’’ is the body of water plan must contain: east and north of a line drawn from the (A) A description of the type, volume, southern tangent of Sakonnet Point, and grade of cargo. Rhode Island, in approximate position (B) Applicable information from nau- latitude 41°–27.2′ North, longitude 70°– tical charts and publications, including 11.7′ West, to the Buzzards Bay En- Coast Pilot, Coast Guard Light List, trance Light in approximate position

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latitude 41°–23.5′ North, longitude 71°– (2) Not enter VMRS Buzzards Bay if a 02.0′ West, and then to the south- Hazardous Vessel Operating Condition western tangent of Cuttyhunk Island, or circumstance per § 161.2 of this Sub- Massachusetts, at approximate posi- chapter exists; tion latitude 41°–24.6′ North, longitude (3) If towing astern, do so with as 70°–57.0′ West, and including all of the short a hawser as safety and good sea- Cape Cod Canal to its eastern entrance, manship permits; except that the area of New Bedford (4) Not meet, cross, or overtake any harbor within the confines (north) of other VMRS user in the area without the hurricane barrier, and the passages first notifying the VMRS center; through the Elizabeth Islands, is not (5) Before meeting, crossing, or over- considered to be ‘‘Buzzards Bay’’. taking any other VMRS user in the (ii) Additional positive control for area, communicate on the designated barges. Except as provided in paragraph vessel bridge-to-bridge radiotelephone (d)(1)(iii) of this section, each single frequency, intended navigation move- hull tank barge transiting Buzzards Bay and carrying 5,000 or more barrels ments, and any other information nec- of oil or other hazardous material essary in order to make safe passing must, in addition to its primary tug, be arrangements. This requirement does accompanied by an escort tug of suffi- not relieve a vessel of any duty pre- cient capability to promptly push or scribed by the International Regula- tow the tank barge away from danger tions for Prevention of Collisions at of grounding or collision in the event Sea, 1972 (33 U.S.C. 1602(c)) or the In- of— land Navigation Rules (33 U.S.C. 2005). (A) A propulsion failure; (B) [Reserved] (B) A parted tow line; (e) In addition to the authority for (C) A loss of tow; this part 165, this section is also au- (D) A fire; thorized under authority of section 311, (E) Grounding; Pub. L. 105–383. (F) A loss of steering; or [CGD1–98–151, 63 FR 71770, Dec. 30, 1998, as (G) Any other time a vessel may be amended by CGD01–98–151, 64 FR 12749, Mar. operating in a Hazardous Vessel Oper- 15, 1999; USCG–1999–5832, 64 FR 34715, June 29, ating Condition as defined in § 161.2 of 1999; CGD01–98–151, 65 FR 35838, June 6, 2000; this subchapter. CGD01–04–133, 72 FR 50058, Aug. 30, 2007; 72 (iii) Federal pilotage. Each single hull FR 70780, Dec. 13, 2007; USCG–2008–0179, 73 FR 35016, June 19, 2008] tank barge transiting Buzzards Bay and carrying 5,000 or more barrels of oil § 165.101 Kittery, Maine—regulated or other hazardous material must be navigation area. under the direction and control of a pilot, who is not a member of the crew, (a) The following is a regulated navi- operating under a valid, appropriately gation area—Waters within the bound- endorsed, Federal first class pilot’s li- aries of a line beginning at 43°04′50″ N, cense issued by the Coast Guard (‘‘fed- 70°44′52″ W; then to 43°04′52″ N, 70°44′53″ erally licensed pilot’’). Pilots are re- W; then to 43°04′59″ N, 70°44′46″ W; then quired to embark, direct, and control to 43°05′05″ N, 70°44′32″ W; then to from the primary tug during transits of 43°05′03″ N, 70°44′30″ W; then to the be- Buzzards Bay. ginning point. (iv) In addition to the vessels denoted (b) Regulations. No vessel may oper- in § 161.16 of this chapter, requirements ate in this area at a speed in excess of set forth in subpart B of 33 CFR part five miles per hour. 161 also apply to any vessel transiting VMRS Buzzards Bay required to carry § 165.102 Security Zone: Walkers Point, a bridge-to-bridge radiotelephone by Kennebunkport ME. part 26 of this chapter. (a) Location. The following area is a (A) A VMRS Buzzards Bay user must: security zone: From point of land lo- (1) Not enter or get underway in the cated on Cape Arundel at latitude area without first notifying the VMRS 43°20.4′ North, Iongitude 070°28.0′ West; Center; thence to a point approximately 500

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yards southwest of Walkers Point lo- (c) Regulations. (1) In accordance with cated at latitude 43°20.2′ North, lon- the general regulations in §§ 165.23 and gitude 070°27.9′ West; thence to a point 165.33 of this part, entry into or move- located approximately 500 yards south ment within these zones is prohibited of Walkers Point at latitude 43°20.1′ unless previously authorized by the North, longitude 070°27.6′ West; thence Captain of the Port (COTP), Portland, to a point located approximately Maine. southeast of Walkers Point at latitude (2) All persons and vessels shall com- 43°20.4′ North, longitude 070°27.2′ West; ply with the instructions of the COTP thence to an unnamed point of land lo- or the designated on-scene U.S. Coast cated at 43°20.9′ North, longitude Guard patrol personnel. On-scene Coast 070°27.1′ West; thence along the shore- Guard patrol personnel include com- line of Walkers Point to the beginning missioned, warrant, and petty officers point. The aforementioned offshore po- of the Coast Guard on board Coast sitions are approximated by white Guard, Coast Guard Auxiliary, and buoys marked in orange indicating an local, state, and federal law enforce- exclusionary area. ment vessels. Emergency response ves- (b) Regulations. (1) In accordance with sels are authorized to move within the the general regulations in § 165.33 of zone, but must abide by restrictions this part, entry into this zone is pro- imposed by the Captain of the Port. hibited unless authorized by the Cap- (3) No person may swim upon or tain of the Port, Portland, Maine. Sec- below the surface of the water within tion 165.33 also contained other general the boundaries of the safety and secu- requirements. rity zones unless previously authorized (2) No person may swim upon or by the Captain of the Port, Portland, below the surface of the water within Maine or his authorized patrol rep- the boundaries of this security zone. resentative. (d) The Captain of the Port will no- [CGDI 89–008, 54 FR 13883, Apr. 6, 1989] tify the maritime community and local § 165.103 Safety and Security Zones; agencies of periods during which these LPG Vessel Transits in Portland, safety and security zones will be in ef- Maine, Captain of the Port Zone, fect by providing notice of arrivals and Portsmouth Harbor, Portsmouth, departures of LPG vessels via the tele- New Hampshire. phone and/or Marine Safety Informa- (a) Location. The following areas are tion Radio Broadcasts. safety and security zones: (1) Except as [CGD01–02–045, 67 FR 56487, Sept. 4, 2002] provided in paragraph (a) (2) of this section, all navigable waters of the § 165.104 Safety Zone: Vessel Portland, Maine, Captain of the Port Launches, Bath Iron Works, Ken- zone, as defined in 33 CFR 3.05–15, one nebec River, Bath, Maine. mile ahead, one half mile astern, and (a) Location. The following is a safety 1000-yards on either side of any Lique- zone: all waters of the Kennebec River fied Petroleum Gas vessel. within a 150-yard radius of the Bath (2) All waters of the Piscataqua River Iron Works dry dock while it is being within a 500-yard radius of any Lique- moved to and from its moored position fied Petroleum Gas (LPG) vessel while at the Bath Iron Works Facility in it is moored at the LPG receiving facil- Bath, Maine to a deployed position in ity on the Piscataqua River, the Kennebec River, and while launch- Newington, New Hampshire. ing or recovering vessels. (b) Definitions. For purposes of this (b) Regulations. (1) In accordance with section, navigable waters of the United the general regulations in § 165.23 of States includes all waters of the terri- this part, entry into or movement torial sea as described in Presidential within this zone is prohibited unless Proclamation No. 5928 of December 27, authorized by the Captain of the Port, 1988. Presidential Proclamation No. Portland, Maine. 5928 of December 27, 1988 declared that (2) All vessel operators shall comply the territorial sea of the United States with the instructions of the COTP or extends to 12 nautical miles from the the designated on-scene U. S. Coast baseline of the United States. Guard patrol personnel. On-scene Coast

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Guard patrol personnel include com- to move within the zone, but must missioned, warrant and petty officers abide by restrictions imposed by the of the Coast Guard on board Coast COTP or his designated representative. Guard, Coast Guard Auxiliary, local, (3) No person may swim upon or state and federal law enforcement ves- below the surface of the water within sels. the boundaries of these security zones (c) Notifications. The Captain of the unless previously authorized by the Port will notify the maritime commu- COTP or his designated representative. nity of periods during which this safety (d) Enforcement. The Captain of the zone will be in effect by providing ad- Port will enforce these zones and may vance notice via Marine Safety Infor- enlist the aid and cooperation of any mation Radio Broadcasts. Federal, state, county, municipal, or [CGD01–01–155, 67 FR 49582, July 31, 2002] private agency to assist in the enforcement of the regulation. § 165.105 Security Zones; Passenger Vessels, Portland, Maine, Captain of [CGD01–03–001, 68 FR 22305, Apr. 28, 2003] the Port Zone. § 165.106 Security Zone: Seabrook Nu- (a) Definition. ‘‘Passenger vessel’’ as clear Power Plant, Seabrook, New used in this section means a passenger Hampshire. vessel over 100 gross tons authorized to (a) Location. The following area is a carry more than 500 passengers for hire security zone: All land and waters making voyages, any part of which is within 250 yards of the waterside prop- on the high seas, and for which pas- erty boundary of Seabrook Nuclear sengers are embarked, disembarked or Power Plant identified as follows: be- pay a port call, in the Portland, Maine, ginning at position 42°53′58″ N, 070°51′06″ Captain of the Port zone as delineated W then running along the property in 33 CFR 3.05–15. boundaries of Seabrook Nuclear Power (b) Location. The following areas are Plant to position 42°53′46″ N, 070°51′06″ security zones: W. All coordinates reference 1983 North (1) All navigable waters within the American Datum (NAD 83). Portland, Maine, Captain of the Port (b) Regulations. (1) In accordance with Zone, extending from the surface to the the general regulations in § 165.33 of sea floor, within a 100-yard radius of this part, entry into or movement any passenger vessel that is anchored, within this zone is prohibited unless moored, or in the process of mooring. (2) All navigable waters, within the authorized by the Captain of the Port, Portland, Maine, Captain of the Port Portland, Maine (COTP). Zone, extending from the surface to the (2) All persons and vessels shall com- sea floor, extending 200 yards ahead, ply with the instructions of the Coast and 100 yards aside and astern of any Guard Captain of the Port, Portland, passenger vessel that is underway. Maine or designated on-scene U.S. (c) Regulations. (1) In accordance with Coast Guard patrol personnel. On-scene the general regulations in § 165.33 of Coast Guard patrol personnel include this part, entry into or movement commissioned, warrant, and petty offi- within these zones is prohibited unless cers of the Coast Guard on board Coast previously authorized by the Coast Guard, Coast Guard Auxiliary, local, Guard Captain of the Port, Portland, state and federal law enforcement ves- Maine (COTP) or his designated rep- sels. resentative. (3) No person may swim upon or (2) All persons and vessels must com- below the surface of the water within ply with the instructions of the COTP the boundaries of this security zone. or the designated on-scene Coast Guard [CGD01–02–092, 67 FR 64815, Oct. 22, 2002] patrol personnel. On-scene Coast Guard patrol personnel include commissioned, § 165.110 Safety and Security Zone; warrant and petty officers of the Coast Liquefied Natural Gas Carrier Guard on board Coast Guard, Coast Transits and Anchorage Operations, Guard Auxiliary, and local, state and Boston, Massachusetts. federal law enforcement vessels. Emer- (a) Definitions. As used in this sec- gency response vessels are authorized tion—

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Authorized representative means a tive. However, LNGCs and support ves- Coast Guard commissioned, warrant, or sels, as defined in 33 CFR 148.5, oper- petty officer or a Federal, State, or ating in the vicinity of NEGDWP are local law enforcement officer des- authorized to enter and move within ignated by or assisting the Captain of such zones in the normal course of the Port (COTP) Boston. their operations following the require- Deepwater port means any facility or ments set forth in 33 CFR 150.340 and structure meeting the definition of 150.345, respectively. deepwater port in 33 CFR 148.5. (3) All vessels operating within the Support vessel means any vessel meet- safety and security zones described in ing the definition of support vessel in paragraph (b) of this section must com- 33 CFR 148.5. ply with the instructions of the COTP (b) Location. The following areas are or his/her authorized representative. safety and security zones: (1) Vessels underway. All navigable [CGD01–02–023, 67 FR 63263, Oct. 11, 2002, as waters of the United States within the amended by USCG–2007–0087, 73 FR 34194, Captain of the Port (COTP) Boston June 17, 2008] zone, as defined in 33 CFR 3.05–10, two miles ahead and one mile astern, and § 165.111 Safety Zone: Boston Harbor, 500 yards on each side of any liquefied Boston, Massachusetts. natural gas carrier (LNGC) vessel while (a) The following areas are estab- underway. lished as safety zones during the condi- (2) Vessels anchored in the Broad tions specified: Sound. All waters within a 500-yard ra- (1) Around the U.S.S. Constitution or dius of any anchored LNGC vessel lo- any accompanying parade vessels when cated in the waters of Broad Sound Constitution is under way—300 yards in bounded by a line starting at position all directions in the waters around the ′ ′ 42 deg. 25 N, 070 deg. 58 W; then run- U.S.S. Constitution and each parade ves- ′ ning southeast to position 42 deg. 22 N, sel accompanying Constitution when- ′ 070 deg. 56 W; then running east to po- ever the U.S.S. Constitution is under- sition 42 deg. 22′ N, 070 deg. 50′ W; then way in Boston Harbor from the time running north to position 42 deg. 25′ N, such vessels depart their respective 070 deg. 50′ W; then running west back berths until the time they complete to the starting point (NAD 83). (3) Vessels moored at the Distrigas LNG their transit and are safely moored. facility. All waters within a 400-yard ra- (2) Whenever Constitution is moored dius of any LNGC vessel moored at the at Pier 1, Charlestown Navy Yard—the Distrigas LNG facility in Everett, MA. waters between Hoosac Pier and Pier 1, (4) Vessels calling on a deepwater port. Charlestown Navy Yard, from the All waters within a 500-meter radius of imaginary line connecting the outer any LNGC engaged in regasification or easternmost point protruding into Bos- transfer, or otherwise moored, an- ton Harbor from Hoosac Pier to the chored, or affixed to a deepwater port outer westernmost point protruding listed in 33 CFR 150.490 and falling into Boston Harbor from Pier 1, within the waters of the Boston COTP Charlestown Navy Yard, extending in- Zone, as defined in 33 CFR 3.05–10. bound along the face of both piers to (c) Regulations. (1) In accordance with the landside points where both piers the general regulations in Sec. 165.23 end. and Sec. 165.33 of this part, entry into (3) Around the U.S.S. Constitution— or movement within these zones is pro- fifty yards in all directions in the hibited unless authorized by the Cap- waters around Constitution when the tain of the Port Boston, or his/her au- vessel is moored at any Boston berth- thorized representative. ing location other than Pier 1, Charles- (2) No person or vessel may enter the town Navy Yard. waters within the boundaries of the (b) The general regulations governing safety and security zones described in safety zones as contained in 33 CFR paragraph (b) of this section unless pre- 165.23 apply. viously authorized by the COTP Bos- ton, or his/her authorized representa- [CGD1 91–109, 57 FR 30407, July 9, 1992]

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§ 165.112 Safety Zone: USS CASSIN all directions from a point directly YOUNG, Boston, Massachusetts. above the Callahan Tunnel or Sumner (a) Location. The following area is a Tunnel. safety zone: (3) Sector three will go into effect 15 Around the USS CASSIN YOUNG minutes before the vehicle carrying the (DD–793) and any accompanying parade President, Vice President, or visiting vessels when the USS CASSIN YOUNG heads of foreign states or foreign gov- is underway. The zone extends 100 ernments enters the Ted Williams Tun- yards in all directions in the waters nel. Sector three may preclude vessels, around the USS CASSIN YOUNG and as necessary, from entering an area of accompanying parade vessels whenever the main ship channel, Boston Inner the USS CASSIN YOUNG is underway Harbor, fifty yards in all directions in Boston Harbor from the time the from a point directly above the Ted USS CASSIN YOUNG departs its berth Williams Tunnel. until it is safely moored. (4) Sector four will go into effect 15 (b) Regulations. The general regula- minutes before the President, Vice tions governing safety zones as con- President, or visiting heads of foreign tained in 33 CFR 165.23 apply. states or foreign governments board the designated transport vessel. Sector [CGD01–93–001, 58 FR 47991, Sept. 14, 1993] four will preclude all vessels from approaching within three hundred yards § 165.113 Security Zone: Dignitary arrival/departure Logan International in all directions from the designated Airport, Boston, MA vessel transporting the President, Vice President, or visiting heads of foreign (a) Location. The permanent security states or foreign governments between zone consists of four sectors that may Logan International Airport and any be activated in part, or in whole, upon location in Boston Harbor. the request of the U.S. Secret Service. (5) The activation of a particular sec- These zones are for the protection of tor of this security zone will be an- the President or Vice President of the nounced via Safety Marine Information United States, as well as visiting heads Broadcasts and/or by locally issued no- of foreign states or foreign govern- tices. ments arriving at, or departing from, (b) Regulations. (1) The general regu- Logan International Airport and as de- lations covering security zones con- termined by the transit route across tained in 33 CFR 165.33 apply. Boston Harbor. The security zone will (2) All persons and vessels shall com- be as follows: ply with the instructions of the Coast (1) Sector one will go into effect 15 Guard Captain of the Port or the des- minutes prior to the scheduled landing ignated on scene patrol personnel. or takeoff of the aircraft carrying either the President, Vice President, or Coast Guard patrol personnel include visiting heads of foreign states or for- commissioned, warrant, and petty offi- eign governments at Logan Inter- cers of the Coast Guard. Upon being national Airport. Sector one will pre- hailed by a Coast Guard vessel via clude all vessels from approaching siren, radio, flashing light, or other within three hundred yards of the means, the operator of a vessel shall Logan International Airport shoreline, proceed as directed. bound on the west by a line drawn be- [CGD01–97–004, 63 FR 16117, Apr. 2, 1998] tween positions 42°22′45″ N., 071°01′05″ W. and 42°21′48″ N., 071°01′45″ W. (NAD) § 165.114 Safety and Security Zones: 1983). Escorted Vessels—Boston Harbor, (2) Sector two will go into effect 15 Massachusetts. minutes before the vehicle carrying the (a) Location. The following waters President, Vice President, or visiting within the Boston Captain of the Port heads of foreign states or foreign gov- Zone, 1000 yards ahead and astern, and ernments enters the Callahan Tunnel 100 yards on each side of any des- or Sumner Tunnel. Sector two may ignated escorted vessel, are established preclude vessels, as necessary, from en- as safety and security zones: All waters tering an area of the main ship chan- of Boston Inner Harbor, including the nel, Boston Inner Harbor; fifty yards in waters of the Mystic River, Chelsea

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River, and Reserved Channel west of a state, and federal law enforcement ves- line running from Deer Island Light, at sels. position 42°20′25″ N, 070°57′15″ W, to (3) No person may enter the waters or Long Island, at position 42°19′48″ N, land area within the boundaries of the 070°57′15″ W, and west of the Long Is- safety and security zones unless pre- land Bridge, running from Long Island viously authorized by the Captain of to Moon Head. the Port, Boston or his authorized pa- (b) Escorted vessel definition. For the trol representative. purposes of this section, escorted vessels operating in Boston Harbor include [CGD01–02–002, 67 FR 37693, May 30, 2002, as the following: Any vessels deemed to be amended by USCG–2009–0311, 74 FR 50925, Oct. in need of escort protection by the Cap- 2, 2009] tain of the Port, Boston for security § 165.116 Safety and Security Zones; reasons. Salem and Boston Harbors, Massa- (c) Regulations. (1) In accordance with chusetts. the general regulations in §§ 165.23 and 165.33 of this part, entry into or move- (a) Location. The following areas are ment within this zone is prohibited un- permanent safety and security zones: less authorized by the Captain of the (1) Reserved Channel, Boston Harbor. Port Boston. All waters of Boston Harbor within one (2) All vessel operators shall comply hundred fifty (150) yards off the bow with the instructions of the COTP or and stern and one hundred (100) yards the designated on-scene U.S. Coast abeam of any vessel moored at the Guard patrol personnel. On-scene Coast Massachusetts Port Authority Black Guard patrol personnel include com- Falcon Terminal; missioned, warrant, and petty officers (2) Boston Inner Harbor. All waters of of the Coast Guard on board Coast Boston Harbor within one hundred (100) Guard, Coast Guard Auxiliary, local, feet of the Coast Guard Integrated Sup- state, and federal law enforcement ves- port Command (ISC) Boston piers and; sels. (3) Salem Harbor. All waters of Salem [CGD01–01–227, 67 FR 20912, Apr. 29, 2002, as Harbor within a two-hundred and fifty amended by CGD01–01–227, 67 FR 63265, Oct. (250) yard radius of the center point of 11, 2002] the PG & E Power Plant Terminal Wharf, Salem, MA, located at 42°31.33′ § 165.115 Safety and Security Zones; N, 070°52.67′ W when a vessel is moored Pilgrim Nuclear Power Plant, Plym- at this pier. All coordinates are North outh, Massachusetts. American Datum 1983. (a) Location. All waters of Cape Cod (b) Regulations. (1) In accordance with Bay and land adjacent to those waters the general regulations in § 165.23 and enclosed by a line beginning at position § 165.33 of this part, entry into or move- ° ′ ″ ° ′ ″ 41 56 59.3 N, 070 34 58.5 W; thence to ment within these zones is prohibited ° ′ ″ ° ′ ″ 1 57 12.2 N, 070 34 41.9 W; thence to unless authorized by the Captain of the ° ′ ″ ° ′ ″ 41 56 42.3 N, 070 34 00.1 W; thence to Port Boston. 41°56′29.5″ N, 070°34′14.5″ W. (2) All vessel operators shall comply (b) Regulations. (1) In accordance with with the instructions of the Captain of the general regulations in §§ 165.23 and the Port or the designated on-scene 165.33 of this part, entry into or move- U.S. Coast Guard patrol personnel. On- ment within these zones is prohibited unless authorized by the Captain of the scene Coast Guard patrol personnel in- Port Boston. clude commissioned, warrant, and (2) All vessel operators shall comply petty officers of the Coast Guard on with the instructions of the COTP or board Coast Guard, Coast Guard Auxil- the designated on-scene U.S. Coast iary, local, state, and federal law en- Guard patrol personnel. On-scene Coast forcement vessels. Guard patrol personnel include com- (3) No person may enter the waters or missioned, warrant, and petty officers land area within the boundaries of the of the Coast Guard on board Coast safety and security zones unless pre- Guard, Coast Guard Auxiliary, local, viously authorized by the Captain of

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the Port, Boston or his authorized pa- ports whose coordinates are provided in trol representative. paragraph (a)(3) of this section, (2) Support vessels operating in con- [CGD01–02–016, 67 FR 45909, July 11, 2002, as junction therewith, and amended by USCG–2009–0416, 74 FR 27441, June 10, 2009] (3) Coast Guard vessels or other law enforcement vessels operated by or § 165.117 Regulated Navigation Areas, under the direction of an authorized Safety and Security Zones: Deep- representative of the COTP Boston. water Ports, First Coast Guard Dis- (d) Regulations. (1) No vessel may an- trict. chor, engage in diving operations, or (a) Location—(1) Regulated navigation commercial fishing using nets, dredges, areas. All waters within a 1,000 meter traps (pots), or use of remotely oper- radius of the geographical positions set ated vehicles (ROVs) in the regulated forth in paragraph (a)(3) of this section navigation areas set forth in paragraph are designated as regulated navigation (a)(1) of this section. areas. (2) In accordance with the general (2) Safety and security zones. All regulations in §§ 165.23 and 165.33 of this waters within a 500-meter radius of the part, entry into or movement within geographic positions set forth in para- the safety and security zones des- graph (a)(3) of this section are designated in paragraph (a)(2) of this sec- ignated as safety and security zones. tion is prohibited unless authorized by (3) Coordinates. (i) The geographic co- the COTP Boston, or his/her authorized ordinates forming the loci for the regu- representative. lated navigation areas, safety and secu- (3) Notwithstanding paragraph (d)(2) rity zones for the Northeast Gateway of this section, tankers and support Deepwater Port are: 42°23′38″ N, vessels, as defined in 33 CFR 148.5, oper- 070°35′31″ W; and 42°23′56″ N, 070°37′00″ W ating in the vicinity of NEGDWP are (NAD 83). authorized to enter and move within such zones in the normal course of (ii) [Reserved] their operations following the require- (b) Definitions. As used in this sec- ments set forth in 33 CFR 150.340 and tion— 150.345, respectively. Authorized representative means a (4) All vessels operating within the Coast Guard commissioned, warrant, or safety and security zones described in petty officer or a Federal, State, or paragraph (a)(2) of this section must local law enforcement officer des- comply with the instructions of the ignated by or assisting the Captain of COTP or his/her authorized representa- the Port (COTP) Boston. tive. Deepwater port means any facility or structure meeting the definition of [USCG–2007–0087, 73 FR 34194, June 17, 2008, as deepwater port in 33 CFR 148.5. amended by USCG–2009–0589, 75 FR 51377, Aug. 20, 2010] Dredge means fishing gear consisting of a mouth frame attached to a holding EDITORIAL NOTE: By USCG–2009–0589, 75 FR bag constructed of metal rings or 51377, Aug. 20, 2010, § 165.117 was amended by revising paragraph (a)(3); however, the mesh. amendment could not be incorporated due to Support vessel means any vessel meet- inaccurate amendatory instruction. ing the definition of support vessel in 33 CFR 148.5. § 165.120 Safety Zone: Chelsea River, Trap means a portable, enclosed de- Boston Inner Harbor, Boston, MA. vice with one or more gates or en- (a) Location. The following area is a trances and one or more lines attached safety zone: The waters of the Chelsea to surface floats used for fishing. Also River, Boston Inner Harbor, for 100 called a pot. yards upstream and downstream of the (c) Applicability. This section applies center of the Chelsea Street Draw span to all vessels operating in the regu- (in the approximate position of lati- lated navigation areas set forth in tude 42°23′10.3″ N., longitude 71°01′21.2″ paragraph (a) of this section, except— W.). [NAD83]. (1) Those vessels conducting cargo (b) Regulation. The following stand- transfer operations with the deepwater ards are the minimum requirements for

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transit of the Safety Zone. Additional feet in length or greater than 85.5 feet precautions may be taken by the pilot in beam shall transit the Safety Zone. and/or person in charge (Master or Op- (5) Requirements for tug assistance: erator). (i) All tankships greater than 630.5 (1) All tankships greater than 1,000 feet in length or greater than 85.5 feet Gross Tons shall be under the direction in beam shall be assisted by at least and control of an individual holding a four tugs of adequate horsepower. valid merchant mariner’s license or (ii) All tankships from 450 feet in merchant mariner credential endorsed length up to and including 630.5 feet in as pilot. This does not relieve persons length and less than 85.5 feet in beam in charge (Masters or Operators) from shall be assisted by at least three tugs their ultimate responsibility for the of adequate horsepower. safe navigation of vessels. (iii) All tug/barge combinations with (2) All vessel(s) speed shall be kept to a tonnage of over 10,000 Gross Tons (for a minimum considering all factors and the barge(s), in all conditions of draft, the need for optimum vessel control. shall be assisted by at least one tug of (3) Restrictions on size and draft of adequate horsepower. vessels: (6) U.S. Certificated integrated tug/ (i) No vessel greater than 661 feet in barge (ITB) combinations shall meet length (using length overall) or greater the requirements of a tankship of simi- than 90.5 feet in beam (using extreme lar length and beam except that one breadth) shall transit the Safety Zone. less assist tug would be required. (ii) No vessel greater than 630.5 feet (7) Variances from the above stand- in length or 85.5 feet or greater in beam ard must be approved in advance by the shall transit the Safety Zone during Captain of the Port of Boston, MA. the period between sunset and sunrise. (iii) No tankship greater than 550.5 [CCGD1–85–4R, 51 FR 10835, Mar. 31, 1986; 51 FR 23415, June 27, 1986, as amended by USCG– feet in length shall transit the Safety 1998–3799, 63 FR 35532, June 30, 1998; USCG– Zone, either inbound or outbound, with 2006–24371, 74 FR 11213, Mar. 16, 2009; USCG– a draft less than 18.0 feet forward and 2009–0416, 74 FR 27441, June 10, 2009] 24.0 feet aft. (4) Restrictions when the Chelsea § 165.121 Safety and Security Zones: River channel is obstructed by vessel(s) High Interest Vessels, Narragansett moored at the Northeast Petroleum Bay, Rhode Island. Terminal located downstream of the (a) Location. (1) All waters of Rhode Chelsea Street Bridge on the Chelsea, Island Sound within a 1⁄2 mile radius of MA side of the Chelsea River—here- any high interest vessel while the ves- after referred to as the Jenny Dock sel is anchored within 1⁄2 mile of the (approximate position latitude point Latitude 41°25′ N, Longitude 71°23′ 42°23′05.2″ N., longitude 71°01′35.8″ W.)— W in the Narragansett Bay Pre- or the Mobile Oil Terminal located on cautionary Area. the East Boston Side of the Chelsea (2) All waters of Rhode Island Sound, River downstream of the Chelsea Narragansett Bay, the Providence and Street Bridge (approximate position Taunton Rivers 2 miles ahead and 1 latitude 42°23′04.9″ N., longitude mile astern, and extending 1000 yards 71°01′28.52″ W.): [NAD83]. on either side of any high interest ves- (i) When there is a vessel moored at sel transiting Narragansett Bay, or the each terminal, no vessel greater than Providence and Taunton Rivers. 300.5 feet in length or greater than 60.5 (3) All waters and land within a 1000- feet in beam, shall transit the safety yard radius of any high interest vessel zone. moored at a waterfront facility in the (ii) When a vessel with a beam great- Providence Captain of the Port zone. er than 60.5 feet is moored at either (b) High interest vessels defined. For terminal, no vessel greater than 630.5 purposes of this section, high interest feet in length or greater than 85.5 feet vessels operating in the Providence in beam shall transit the Safety Zone. Captain of the Port zone include the (iii) When a vessel with a beam great- following: barges or ships carrying liq- er than 85.5 feet is moored at either uefied petroleum gas (LPG), liquefied terminal, no vessel greater than 550.5 natural gas (LNG), chlorine, anhydrous

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ammonia, or any other cargo deemed nal (SECURITE) calls on both VHF to be high interest by the Captain of channels 13 and 16 at the following geo- the Port, Providence. graphic locations: (c) Regulations. (1) Entry into or (i) Pilot Boarding Area; movement within these zones, includ- (ii) Abeam of Castle Hill; ing below the surface of the water, dur- (iii) Abeam of Sandy Point; ing times in which high interest vessels (iv) Abeam of 41°43′01.4″ N; 071°20′41.7″ are present and the zones are enforced W (Conimicut Point Light (LLNR is prohibited unless authorized by the 18305)); COTP Providence or authorized representative. (v) Abeam of Sabin Point; and (2) The general regulations covering (vi) Upon mooring. safety and security zones in §§ 165.23 (3) Vessels over 65 feet in length in- and 165.33, respectively, of this part bound for berths in Mount Hope Bay or apply. in the Taunton River are required to (3) All persons and vessels shall com- make SECURITE calls on both VHF ply with the instructions of the COTP, channels 13 and 16 at the following geo- and the designated on-scene U.S. Coast graphic locations: Guard personnel. On-scene Coast Guard (i) Pilot Boarding Area; patrol personnel include commissioned, (ii) Abeam of Castle Hill; warrant, and petty officers of the Coast (iii) Abeam of Sandy Point; and Guard on board Coast Guard, Coast (iv) At position 41°39′32.4″ N;071°14′ Guard Auxiliary, local, state, and fed- 02.6″ W (Mount Hope Bay Junction eral law enforcement vessels. Lighted Gong Buoy ‘‘MH’’ (LLNR [CGD01–02–065, 67 FR 56224, Sept. 3, 2002] 18790)). (4) Vessels over 65 feet in length out- § 165.122 Regulated Navigation Area: bound for sea down the Providence Navigable waters within Narragan- sett Bay and the Providence River, River Channel shall make SECURITE Rhode Island. calls on VHF channels 13 and 16 at the following geographic locations: (a) Description of the regulated navigation area (RNA). The Regulated Naviga- (i) One-half hour prior to departure tion Area (RNA) encompasses all of the from the berth; navigable waters of Narragansett Bay (ii) At departure from the berth; north of the COLREGS demarcation (iii) Abeam of Sabin Point; line and west of the Mt. Hope Bridge, (iv) Abeam of Gaspee Point; and and all of the navigable waters of the (v) Abeam of position 41°43′01.4″ N; Providence River from Conimicut 071°20′41.7″ W (Conimicut Light (LLNR Point to the Providence hurricane bar- 18305)). rier. (5) Vessels over 65 feet in length out- (b) Regulations. (1) All commercial bound for sea down from Mount Hope vessels must: Bay through Narragansett Bay are re- (i) Maintain a minimum 10% of the quired to make SECURITE calls on vessel’s draft as an under-keel clear- VHF channels 13 and 16 at the fol- ance when not assisted by tugs, or lowing geographic locations: when not moored at an assigned berth. (i) One-half hour prior to departure Under-keel clearance is the minimum from the berth; clearance available between the deep- est point on the vessel and the bottom (ii) At departure from the berth; and ° ′ ″ ° ′ of the waterway, in calm water. (iii) At position 41 39 32.4 N;071 14 (ii) Have at least one mile of visi- 02.6″ W (Mount Hope Bay Junction bility to transit the Providence River Lighted Gong Buoy ‘‘MH’’ (LLNR between 41°43′01.4″ N; 071°20′41.7″ W 18790)). (Conimicut Light (LLNR 18305)) and (6) Vessels 65 feet and under in 41°47′38.8″ N; 071°22′46.7″ W (Channel length, and all recreational vessels, Light 42 (LLNR 18580)). when meeting deep draft commercial (2) Vessels over 65 feet in length in- vessel traffic in all locations within bound for berths in the Providence this RNA shall keep out of the way of River are required to make Safety Sig- the oncoming deep draft commercial

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vessel. Nothing in this regulation, how- may, in consultation with the U.S. ever, relieves a vessel of any duty pre- EPA, authorize a waiver from this sec- scribed in the Inland Navigation Rules tion if he or she determines that the (set forth in 33 U.S.C. 2005 et seq.) proposed activity can be performed (7) The Captain of the Port (COTP) without undue risk to environmental Southeastern New England may au- remediation efforts. Requests for waiv- thorize a deviation from these regula- ers should be submitted in writing to tions. Parties wishing to request a de- Commander, U.S. Coast Guard Sector viation must do so in advance by con- Southeastern New England, 1 Little tacting the COTP Southeastern New Harbor Road, Woods Hole, MA, 02543, England, at 508–457–3211, or via VHF with a copy to the U.S. Environmental Channel 13 (156.7 MHz), or VHF channel Protection Agency, Region 1, New Bed- 16 (156.8 MHz). Any person or vessel re- ford Harbor Remedial Project Manager, ceiving permission from the COTP to 5 Post Office Square, Suite 100 deviate from these regulations must (OSRR07), Boston, MA 02109, to facili- comply with any specific instructions tate review by the EPA and U.S. Coast provided by the COTP. Guard. (c) Enforcement. Violations of this [USCG–2010–1119, 76 FR 35744, June 20, 2011] RNA should be reported to the COTP Southeastern New England at 508–457– EFFECTIVE DATE NOTE: By USCG–2010–1119, 3211. Persons found in violation of 76 FR 35744, June 20, 2011, § 165.125 was added, effective July 20, 2011. these regulations may be subject to civil or criminal penalties as provided § 165.130 Sandy Hook Bay, New Jer- for in 33 U.S.C. 1232. sey—security zone. [USCG–2009–0143, 75 FR 15347, Mar. 29, 2010] (a) Naval Ammunition Depot Piers. The navigable waters within the following § 165.125 Regulated Navigation Area; boundaries are a security zone: A line EPA Superfund Site, New Bedford beginning on the shore at 40°25′55.6″ N, Harbor, Massachusetts. 074°04′31.4″ W; thence to 40°26′54.0″ N, (a) Location. The regulated naviga- 074°03′53.0″ W; thence to 40°26′58.0″ N, tion area encompasses all waters 074°04′03.0″ W; thence to 40°27′56.0″ N, bounded by a line beginning at 074°03′24.0″ W; thence to 40°27′28.5″ N, 41°37′22.5″ N, 070°54′34.1″ W; thence to 074°02′10.4″ W; thence to 40°26′29.5″ N, 41°37′14.4″ N, 070°54′19.6″ W; thence to 074°02′51.2″ W; thence to 40°26′31.4″ N, 41°36′58.5″ N, 070°54′08.1″ W; thence to 074°02′55.4″ W; thence to 40°25′27.1″ N, 41°36′45.0″ N, 070°54′26.9″ W; thence along 074°03′39.7″ W; thence northwest along the shoreline and south side of the hur- the shoreline to the beginning point. ricane barrier to the beginning point. (b) Terminal Channel. The waters (b) Regulations. (1) All vessels and within the following boundaries are a persons are prohibited from activities security zone—A line beginning at that would disturb the seabed within 40°27′41.2″ N, 74°02′46″ W; then to 40°28′27″ the regulated navigation area, includ- N, 74°02′17.2″ W; then to 40°28′21.1″ N, ing but not limited to anchoring, drag- 74°02′00″ W; then to 40°28′07.8″ N, ging, trawling, and spudding. Vessels 74°02′22″ W; then to 40°27′39.8″ N, may otherwise transit or navigate 74°02′41.4″ W; then to the beginning. within this area without reservation. (c) The following rules apply to the (2) The prohibition described in para- security zone established in paragraph graph (b)(1) of this section shall not (b) of this section (Terminal Channel) apply to vessels or persons engaged in instead of the rule in § 165.33(a): activities associated with remediation (1) No vessel shall anchor, stop, re- efforts in the New Bedford Harbor main or drift without power at any- Superfund Site, provided that the time in the security zone. Coast Guard Captain of the Port (2) No vessel shall enter, cross, or (COTP) Southeastern New England, is otherwise navigate in the security zone given advance notice of those activities when a public vessel, or any other ves- by the U.S. Environmental Protection sel, that cannot safely navigate outside Agency (EPA). the Terminal Channel, is approaching (c) Waivers. The Captain of the Port or leaving the Naval Ammunition (COTP) Southeastern New England Depot Piers at Leonardo, New Jersey.

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(3) Vessels may enter or cross the se- vision when operating in Security Zone curity zone, except as provided in para- A. graph (c)(2) of this section. [CGD 79–034, 47 FR 29660, July 8, 1982, as (4) No person may swim in the secu- amended by COTP 83–01, 48 FR 33264, July 21, rity zone. 1983; CGD3–83–29, 48 FR 51622, Nov. 10, 1983; CGD3–84–26, 49 FR 40405, Oct. 16, 1984; CGD3– [CGD 77–118a, 42 FR 35784, July 11, 1977. Re- 86–56, 52 FR 17296, May 7, 1987. Redesignated designated by CGD 81–017, 46 FR 28154, May by CGD 87–008b, 52 FR 25218, July 6, 1987; 26, 1981, and CGD 87–008b, 52 FR 25218, July 6, CDG3 86–56, 52 FR 44107, Nov. 18, 1987; CGD01– 1987; USCG–2007–0074, 74 FR 7191, Feb. 13, 97–104, 62 FR 51782, Oct. 3, 1997; CGD01–03–012, 2009] 69 FR 4244, Jan. 29, 2004]

§ 165.140 New London Harbor, Con- § 165.141 Safety Zone: Sunken vessel necticut—security zone. EMPIRE KNIGHT, Boon Island, ME. (a) Security zones—(1) Security Zone A. (a) Location. The following area is a The waters of the Thames River west safety zone: All waters of the Atlantic of the Electric Boat Corporation Ship- Ocean within a 1,000 yard radius of the yard enclosed by a line beginning at a stern section of the sunken vessel EM- point on the shoreline at 41°20′16″ N, PIRE KNIGHT, in approximate posi- ° ′ ″ ° ′ ″ 72°04′47″ W; then running west to tion 43 06 19 N, 70 27 09 W, (NAD 1983) 41°20′16″ N, 72°04′57″ W; then running and extending from the water’s surface to the seabed floor. north to 41°20′26″ N, 72°04′57″ W; then (b) Effective date. This section is ef- northwest to 41°20′28.7″ N, 72°05′01.7″ W; fective on August 23, 1996, twenty-four then north-northwest to 41°20′53.3″ N, hours a day, seven days a week. ° ′ ″ 72 05 04.8 W; then north-northeast to (c) Regulations. (1) The general regu- ° ′ ″ ° ′ ″ 41 21 02.9 N, 72 05 04.9 W; then east to a lations contained in 33 CFR 165.23 ° ′ ″ ° ′ ″ point on shore at 41 21 02.9 N, 72 04 58.2 apply. W. (2) All vessels and persons are prohib- (2) Security Zone B. The waters of the ited from anchoring, diving, dredging, Thames River, west of the Naval Sub- dumping, fishing, trawling, laying marine Base, New London, CT, en- cable, or conducting salvage operations closed by a line beginning at a point on in this zone except as authorized by the the shoreline at 41°23′15.8″ N., 72°05′17.9″ Coast Guard Captain of the Port, Port- W.; then to 41°23′15.8″ N., 72°05′22″ W.; land, Maine. Innocent transit through then to 41°23′25.9″ N., 72°05′29.9″ W.; then the area within the safety zone is not to 41°23′33.8″ N., 72°05′34.7″ W.; then to affected by this regulation and does 41°23′37.0″ N., 72°05′38.0″ W.; then to not require the authorization of the 41°23′41.0″ N., 72°05′40.3″ W.; then to Captain of the Port. 41°23′47.2″ N., 72°05′42.3″ W.; then to (3) All persons and vessels shall com- 41°23′53.8″ N., 72°05′43.7″ W.; then to ply with the instructions of the COTP 41°23′59.8″ N., 72°05′43.0″ W.; then to or the designated on scene patrol per- 41°24′12.4″ N., 72°05′43.2″ W.; then to a sonnel. U.S. Coast Guard patrol per- point on the shoreline at 41°24′14.4″ N., sonnel include commissioned, warrant, and petty officers of the Coast Guard. 72°05′38″ W.; then along the shoreline to Upon being hailed by a U.S. Coast the point of beginning. Guard vessel via siren, radio, flashing (3) All coordinates are North Amer- light, or other means, the operator of a ican Datum 1983. vessel shall proceed as directed. (b) Special regulation. Section 165.33 does not apply to public vessels when [CGD 01–95–141, 61 FR 60032, Nov. 26, 1996] operating in Security Zone A, or to § 165.150 New Haven Harbor, vessels owned by, under hire to, or per- Quinnipiac River, Mill River. forming work for the Electric Boat Di- (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°17′50″ N, 72°54′36″ W thence along a

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line 126°T to point B at the southwest the COTP finds that an alternate oper- corner of the Gulf facility at 41°17′42″ ation can be done safely. N, 72°54′21″ W thence north along the [CGD 79–034, 47 FR 29660, July 8, 1982, as shoreline to point C at the northwest amended by CGD 80–069, 47 FR 53368, Nov. 26, corner of the Texaco terminal dock 1982. Redesignated by CGD 87–008b, 52 FR 41°17′57″ N, 72°54′06″ W thence along a 25218, July 6, 1987] line 303°T to point D at the west bank of the mouth of the Mill River 41°18′05″ § 165.151 Safety Zones; Long Island N, 72°54′23″ W thence south along the Sound annual fireworks displays. shoreline to point A. (a) Safety Zones. The following areas (b) Regulations. (1) No person may op- are designated safety zones. All coordi- erate a vessel or tow a barge in this nates references 1983 North American Regulated Navigation Area in violation Datum (NAD83). of these regulations. (1) Indian Harbor Yacht Club Fireworks (2) Applicability. The regulations Safety Zone. All waters of Long Island apply to barges with a freeboard great- Sound off Greenwich CT, within a 800- er than ten feet and to any vessel tow- foot radius of the fireworks barge lo- ° ′ ″ ing or pushing these barges on out- cated in approximate position 41 00 35 ° ′ ″ bound transits of the Tomlinson N, 073 37 05 W. Bridge. (2) City of Rowayton Fireworks Safety Zone. All waters of Long Island Sound (3) Regulated barges may not transit in Sheffield Channel off of Ballast Reef the bridge— within a 1000-foot radius of the fire- (i) During the period from one hour works barge located in approximate po- to five hours after high water slack, sition 41°03′11″ N, 073°26′41″ W. (ii) When the wind speed at the (3) The Yampol Family Fireworks Safe- bridge is greater than twenty knots, ty Zone. All waters of Long Island and Sound off Cold Springs Harbor, Cove (iii) With the barge being towed on a Neck New York within a 1200-foot ra- hawser, stern first. dius of the fireworks barge located in (4) Regulated barges with a beam approximate position 41°53′00″ N, 073°29″ greater than fifty feet must be pushed 13″ W. ahead through the bridge. (4) Groton Long Point Yacht Club Fire- (5) If the tug operator does not have works Safety Zone. All waters of Long a clear view over the barge when push- Island Sound off of Groton Long Point, ing ahead, the operator shall post a Groton, CT, within a 600-foot radius of lookout on the barge with a means of the fireworks barge in approximate po- communication with the operator. sition 41°18′05″ N, 072°02″ 08″ W. (6) Regulated barges departing the (5) City of West Haven Fireworks Safety Mill River may transit the bridge only Zone. All waters of New Haven Harbor between sunrise and sunset. Barges on Long Island Sound off Bradley Point must be pushed ahead of the tug, bow within a 1200-foot radius of the fireworks barge in approximate position first, with a second tug standing by to 41°15′07″ N, 072°57′26″ W. assist at the bow. (6) New Haven Festival Fireworks Safe- (7) Nothing in this section is intended ty Zone. All waters of New Haven Har- to relieve any person from complying bor on Long Island Sound within a 1200- with: foot radius of the fireworks barge in (i) Applicable Navigation and Pilot approximate position 40°17′31″ N, Rules for Inland Waters; 072°54′48″ W. (ii) Any other laws or regulations; (7) Madison Cultural Arts Fireworks (iii) Any order or direction of the Safety Zone. All the waters of Long Is- Captain of the Port. land Sound located off the City of (8) The Captain of the Port, New Madison within an 800-foot radius of Haven, may issue an authorization to the fireworks barge in approximate po- deviate from any rule in this section if sition 41°16′10″ N, 072°36′30″ W. (8) Arnold L. Chase Fireworks Safety Zone. All waters of Connecticut River

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within a 600 foot radius of the fire- position 40°54′04″ N, 072°16′50″ W, off of works barge located in approximate po- Sagaponack, NY. sition 41°15′56″ N, 072°21′49″ W, about (18) Norwich July Fireworks Safety 100-yards off Fenwick Pier. Zone. All waters of the Thames River (9) Saybrook Summer Pops Fireworks within a 600–foot radius of the fire- Safety Zone. All waters of Connecticut works launch area in approximate posi- River within a 600-foot radius of the tion 41°31′20.9″ N, 072°04′45.9′ W, located fireworks barge located in approximate off of Norwich, CT. position 41°17′35″ N, 072°21′20″ W. (19) Town of Branford Fireworks Safety (10) Mashantucket Pequot Fireworks Zone. All waters of Branford Harbor off Safety Zone. All waters of the Thames of Branford Point within a 600–foot ra- River off of New London, CT, within a dius of the fireworks launch area lo- 1200–foot radius of a fireworks barge located on Branford Point in approxi- cated in approximate position mate position 41°15′30″ N, 072°49′22″ W. 41°20′57.1″ N, 72°05′22.1″ W; and within (20) Vietnam Veterans Local 484/Town 1000–feet of fireworks barges located in of East Haven Fireworks Safety Zone. All approximate positions: barge one, waters of Long Sound off of Cosey 41°21′03.3″ N, 72°05′24.5″ W; and barge Beach, East Haven, CT within a 1000– two, 41°20′51.75″ N, 72°05′18.90″ W. foot radius of the fireworks barge in (11) Harbor Day Fireworks Safety Zone. approximate position 41°14′19″ N, All waters of Thames River within a 072°52′9.8″ W. 600-foot radius of the fireworks barge (21) Westport Police Athletic League located in approximate position Fireworks Safety Zone. All waters of 41°31′14″ N, 072°04′44″ W, located off Long Island Sound off Compo Beach, American Warf Marina, Norwich, CT. Westport, CT within a 800–foot radius (12) Riverfest Fireworks Safety Zone. of the fireworks barge in approximate All the waters of the Connecticut River position 41°09′2.5″ N, 073°20′1.1″ W. within a 600-foot radius of the fire- (22) Westbrook, CT July Celebration works barge located in approximate po- Safety Zone. All waters of Westbrook sition 41°45′34″ N, 072°39′37″ W. Harbor in Long Island Sound within a (13) Southampton Fresh Air Home Fire- 800–foot radius of the fireworks barge works Safety Zone. All the waters of located in approximate position Shinnecock Bay within a 600-foot ra- 41°16′50″ N, 072°26′14″ W. dius of the fireworks barge located in (23) Norwalk Fireworks Safety Zone. approximate position 40°51′48″ N, All waters of Long Island Sound off of 072°28′30″ W, off of Southampton, NY. Calf Pasture Beach in Norwalk, CT (14) T.E.L. Enterprises Fireworks Safety within a 1000–foot radius of the fire- Zone. All the waters of Great South works barge located in approximate po- Bay within a 600-foot radius of the fire- sition 40°05′10″ N, 073°23′20″ W. works barge located in approximate po- (24) Town of Stratford Fireworks Safety sition 40°41′17″ N, 073°00′20″ W, off of Zone. All waters of Long Island Sound Davis Park, NY. off of Short Beach in Stratford, CT, (15) Patchogue Chamber of Commerce within a 800–foot radius of the fire- Fireworks Safety Zone. All the waters of works launch area located in approxi- Great South Bay within an 800-foot ra- mate position 41°09′5″ N, 073°06′5″ W. dius of the fireworks barge located in (25) Old Black Point Beach Association approximate position 40°44′38″ N, Fireworks Safety Zone. All waters of 073°00′33″ W, off of Patchogue, NY. Long Island Sound off Old Black Point (16) Fire Island Tourist Bureau Fire- Beach in East Lyme, CT, within a 1000- works Safety Zone. All the waters of foot radius of the fireworks launch Great South Bay within a 600-foot ra- area located on Old Black Point Beach dius of the fireworks barge located in in approximate position 41°17′34.9″ N, approximate position 40°35′45″ N, 072°12′55.6″ W. 073°05′23″ W, off of Cherry Cove, NY. (26) Village of Asharoken Fireworks (17) Treibeck’s Party Fireworks Safety Safety Zone. All waters of Northport Zone. All the waters of the Atlantic Bay off of Asharoken Beach in Ocean within a 1200-foot radius of the Asharoken, NY within a 600-foot radius fireworks barge located in approximate of the fireworks launch area located in

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approximate position 40°55′30″ N, 072°21′ (b) Regulations. (1) The general regu- W. lations contained in 33 CFR § 165.23 (b) Notification. Coast Guard Sector apply. Long Island Sound and Coast Guard (2) All persons and vessels must com- Sector Field Office Moriches will cause ply with the Coast Guard Captain of notice of the activation of these safety the Port or designated on-scene patrol zones to be made by all appropriate personnel. On-scene Coast Guard patrol means to effect the widest publicity personnel include commissioned, war- among the affected segments of the rant, and petty officers of the Coast public, including publication in the Guard on board Coast Guard, Coast local notice to mariners, marine infor- Guard Auxiliary, and local, state, and mation broadcasts, and facsimile. Fire- federal law enforcement vessels. Upon works barges used in these locations being hailed by siren, radio, flashing will also have a sign on their port and light or other means from a U.S. Coast Guard vessel or other vessel with on- starboard side labeled ‘‘FIREWORKS— scene patrol personnel aboard, the op- STAY AWAY’’. Displays launched from erator of the vessel shall proceed as di- shore sites will have a sign labeled rected. ‘‘FIREWORKS—STAY AWAY’’ with the same size requirements. The signs [CGD01–03–025, 69 FR 26045, May 11, 2004] required by this section must consist of red letters at least 10 inches high, and § 165.153 Regulated Navigation Area: 1.5 inch thick on a white background. Long Island Sound Marine Inspec- tion and Captain of the Port Zone. (c) Enforcement period. Specific zones in this section will be enforced from 8 (a) Regulated Navigation Area location. p.m. to 11 p.m. each day a barge or land All waters of the Long Island Sound based launch site with sign reading Marine Inspection and Captain of the ‘‘FIREWORKS—STAY AWAY’’ is Port (COTP) Zone, as delineated in 33 CFR 3.05–35, extending seaward 12 nau- present in that zone. tical miles from the territorial sea (d) Regulations. Vessels may not baseline, are established as a regulated enter, remain in, or transit through navigation area (RNA). the safety zones in this section during (b) Applicability. This section applies the enforcement period unless author- to all vessels operating within the RNA ized by the Captain of the Port Long excluding public vessels. Island Sound or designated Coast (c) Definitions. The following defini- Guard patrol personnel on scene. tions apply to this section: [CGD01–01–077, 67 FR 22352, May 3, 2002, as Commercial service means any type of amended by USCG–2003–15404, 68 FR 37741, trade or business involving the trans- June 25, 2003; 68 FR 40024, July 3, 2003; portation of goods or individuals, ex- CGD01–05–012, 70 FR 43764, July 29, 2005] cept service performed by a combatant vessel. § 165.152 Coast Guard Station Fire Is- Ferry means a vessel that: land, Long Island, New York—safety (1) Operates in other than ocean or zone. coastwise service; (a) Location. The following waters of (2) Has provisions only for deck pas- Fire Island Inlet are a safety zone: Be- sengers or vehicles, or both; ginning at a point on shore at 40°37.523′ (3) Operates on a short run on a fre- N, 073°15.685′ W; then north to 40°37.593′ quent schedule between two points N, 073°15.719′ W; then east to 40°37.612′ over the most direct water route; and N, 073°15.664′ W; then east to 40°37.630′ (4) Offers a public service of a type N, 073°15.610′ W; then east to 40°37.641′ normally attributed to a bridge or tun- N, 073°15.558′ W; then southeast to nel. 40°37.630′ N, 073°15.475′ W; then south- Public vessels means vessels owned or east to 40°37.625′ N, 073–15.369′ W; then bareboat chartered and operated by the southeast to 40°37.627′ N, 073°15.318′ W; United States, or by a State or polit- then southeast to point on shore at ical subdivision thereof, or by a foreign 40°37.565′ N, 073°15.346′ W. All coordination, except when such vessel is en- nates are North American Datum 1983. gaged in commercial service.

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Territorial sea baseline means the line port or place subject to the jurisdiction defining the shoreward extent of the of the United States, and all vessels territorial sea of the United States not engaged in commercial service drawn according to the principles, as whose last port of call was in the recognized by the United States, of the United States. Vessels requiring in- Convention on the Territorial Sea and spection by the COTP may contact the the Contiguous Zone, 15 U.S.T. 1606, COTP via marine band or Very High and the 1982 United Nations Conven- Frequency (VHF) channel 16, telephone tion on the Law of the Sea (UNCLOS), at (203) 468–4401, facsimile at (203) 468– 21 I.L.M. 1261. Normally, the territorial 4418, or letter addressed to Captain of sea baseline is the mean low water line the Port, Long Island Sound, 120 Wood- along the coast of the United States. ward Ave., New Haven, CT 06512. (d) Regulations. (1) Speed restrictions (4) All vessels operating within the in the vicinity of Naval Submarine RNA that are bound for a port or place Base New London and Lower Thames located in the United States or that River. Unless authorized by the Cap- must transit the internal waters of the tain of the Port (COTP), vessels of 300 United States, must obtain authoriza- gross tons or more may not proceed at tion from the Captain of the Port a speed in excess of eight knots in the (COTP) before entering waters within Thames River from New London Har- three nautical miles from the terri- bor channel buoys 7 and 8 (Light List torial sea baseline. Vessels awaiting numbers 21875 and 21880 respectively) COTP authorization to enter waters north through the upper limit of the within three nautical miles from the Naval Submarine Base New London Re- territorial sea baseline will be required stricted Area, as that area is specified to anchor in the manner directed by in 33 CFR 334.75(a). The U.S. Navy and the COTP. This section does not apply other Federal, State and municipal to vessels operating exclusively within agencies may assist the U.S. Coast the Long Island Sound Marine Inspec- Guard in the enforcement of this rule. tion and COTP Zone, vessels on a sin- (2) Enhanced communications. Vessels gle voyage which depart from and re- of 300 gross tons or more and all vessels turn to the same port or place within engaged in towing barges must issue the RNA, all towing vessels engaged in securite´ calls on marine band or Very coastwise trade, vessels in innocent High Frequency (VHF) radio channel 16 passage not bound for a port or place upon approach to the following loca- subject to the jurisdiction of the tions: United States, and all vessels not en- (i) Inbound approach to Cerberus gaged in commercial service whose last Shoal; and port of call was in the United States. (ii) Outbound approach to Race Rock Vessels may request authorization Light (USCG Light List No. 19815). from the COTP by contacting the (3) All vessels operating within the COTP via marine band or Very High RNA that are bound for a port or place Frequency (VHF) channel 16, telephone located in the United States or that at (203) 468–4401, facsimile at (203) 468– must transit the internal waters of the 4418, or letter addressed to Captain of United States, must be inspected to the the Port, Long Island Sound, 120 Wood- satisfaction of the U. S. Coast Guard, ward Ave., New Haven, CT 06512. before entering waters within three (5) Vessels over 1,600 gross tons oper- nautical miles from the territorial sea ating in the RNA within three nautical baseline. Vessels awaiting inspection miles from the territorial sea baseline will be required to anchor in the man- that are bound for a port or place lo- ner directed by the COTP. This section cated in the United States or that does not apply to vessels operating ex- must transit the internal waters of the clusively within the Long Island Sound United States must receive authoriza- Marine Inspection and COTP Zone, ves- tion from the COTP prior to transiting sels on a single voyage which depart or any intentional vessel movements, from and return to the same port or including, but not limited to, shifting place within the RNA, all towing ves- berths, departing anchorage, or getting sels engaged in coastwise trade, vessels underway from a mooring. This section in innocent passage not bound for a does not apply to vessels in innocent

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passage not bound for a port or place south to the eastern most point of Fox subject to the jurisdiction of the Island at approximate position 41–18.400 United States. N, 072–09.660 W. All coordinates are (6) Ferry vessels. Vessels of 300 gross North American Datum 1983. tons or more are prohibited from enter- (2) Coast Guard Vessels Safety and Se- ing all waters within a 1200-yard radius curity Zones. All waters within a 100- of any ferry vessel transiting in any yard radius of any anchored Coast portion of the Long Island Sound Ma- Guard vessel. For the purposes of this rine Inspection and COTP Zone with- section, Coast Guard vessels includes out first obtaining the express prior any commissioned vessel or small boat authorization of the ferry vessel oper- in the service of the regular Coast ator, master, COTP, or the designated Guard and does not include Coast COTP on-scene patrol. Guard Auxiliary vessels. (7) Vessels engaged in commercial serv- (b) Regulations. (1) The general regu- ice. No vessel may enter within a 100- lations contained in § 165.23 and § 165.33 yard radius of any vessel engaged in of this part apply. commercial service while that vessel is (2) In accordance with the general transiting, moored, or berthed in any regulations in § 165.23 and § 165.33 of this portion of the Long Island Sound Ma- part, entry into or movement within rine Inspection and COTP zone, with- this zone is prohibited unless author- out the express prior authorization of ized by the Captain of the Port Long, the vessel’s operator, master, COTP, or Island Sound. the designated COTP on-scene rep- (3) All persons and vessels shall com- resentative. ply with the instructions of the Coast (8) Bridge foundations. Any vessel op- Guard Captain of the Port or on-scene erating beneath a bridge must make a patrol personnel. These personnel com- direct, immediate and expeditious pas- prise commissioned, warrant, and petty sage beneath the bridge while remain- officers of the Coast Guard. Upon being ing within the navigable channel. No hailed by a U. S. Coast Guard vessel by vessel may stop, moor, anchor or loiter siren, radio, flashing light, or other beneath a bridge at any time. No vessel means, the operator of a vessel shall may approach within a 25-yard radius proceed as directed. of any bridge foundation, support, [CGD01–02–104, 68 FR 48803, Aug. 15, 2003] stanchion, pier or abutment except as required for the direct, immediate and § 165.155 Northville Industries Off- expeditious transit beneath a bridge. shore Platform, Riverhead, Long Is- (9) This section does not relieve any land, New York—safety zone. vessel from compliance with applicable (a) The following area is established navigation rules. as a safety zone during the specified [CGD01–02–104, 68 FR 48802, Aug. 15, 2003, as condition: amended by USCG–2006–24371, 74 FR 11213, (1) The waters within a 500 yard ra- Mar. 16, 2009] dius of the Northville Industries Off- shore Platform, Long Island, New § 165.154 Safety and Security Zones: York, 1 mile North of the Riverhead Long Island Sound Marine Inspec- shoreline at 41°00″ N, 072°38″ W, while a tion Zone and Captain of the Port Liquefied Petroleum Gas (LPG) vessel Zone. is moored at the Offshore Platform. (a) Safety and security zones. The fol- The safety zone remains in effect until lowing areas are safety and security the LPG vessel departs the Offshore zones: Platform. (1) Dominion Millstone Nuclear Power (b) The general regulations governing Plant Safety and Security Zones. (i) All safety zone contained in 33 CFR 165.23 waters north and north east of a line apply. running from Bay Point, at approxi- (c) The Captain of the Port will no- mate position 41–18.57 N, 072–10.41 W, to tify the maritime community of peri- Millstone Point at approximate posi- ods during which this safety zone will tion 41–18.25 N, 072–09.96 W. be in effect by providing notice of (ii) All waters west of a line starting scheduled moorings at the Northville at 41–18.700 N, 072–09.650 W, running Industries Offshore Platform of LPG

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vessels via Marine Safety Information quest, waive any regulation in this sec- Radio Broadcast. tion. [CGD3 85–86, 51 FR 37181, Oct. 20, 1986. Redes- (2) An application for a waiver must ignated by CGD 87–008b, 52 FR 25218, July 6, state the need for the waiver and de- 1987] scribe the proposed vessel operations through the Regulated Navigation § 165.156 Regulated Navigation Area: Area. East Rockaway Inlet to Atlantic Beach Bridge, Nassau County, Long [USCG–2008–0085, 74 FR 57887, Nov. 10, 2009] Island, New York. § 165.158 Safety Zone: Patchogue (a) Location. The following area is a Grand Prix, Patchogue Bay, Regulated Navigation Area: All waters Patchogue, NY. of East Rockaway Inlet in an area bounded by lines drawn from position (a) Location. The following area is a 40°34′56″ N, 073°45′19″ W, (approximate safety zone: All navigable waters of position of Silver Point breakwater Patchogue Bay, NY bounded by an area buoy, LLNR 31500) running north to a beginning at a point on land in point of land on the northwest side of Patchogue, NY at approximate position ° ′ ″ ° ′ ″ the inlet at position 40°35′28″ N, 40 44 56 N, 073 00 49 W; then running 073°46′12″ W, thence easterly along the south to a point in Patchogue Bay at ° ′ ″ shore to the east side of the Atlantic approximate position 40 44 29 N, ° ′ ″ Beach Bridge, State Route 878, over 073 00 49 W; then running south east to East Rockaway Inlet, thence across the a point in Great South Bay at approxi- ° ′ ″ ° ′ ″ bridge to the south side of East Rock- mate position 40 43 47 N, 072 59 54 W; away Inlet, thence westerly along the then running east to approximate posi- ° ′ ″ ° ′ ″ shore and across the water to the be- tion 40 43 53 N, 072 58 46 W; then to ap- ° ′ ″ ° ′ ″ ginning. proximate position 40 43 57 N, 072 57 06 (b) Regulations. (1) The general regu- W; then north to a point on land at ap- ° ′ ″ ° ′ ″ lations contained in 33 CFR 165.10, proximate position 40 44 29 N, 072 57 09 165.11, and 165.13 apply. W. All coordinates are North American (2) In accordance with the general Datum 1983. regulations, the following regulations (b) Definitions. The following defini- apply to vessels carrying petroleum tions apply to this section: Designated products in excess of 250 barrels: on-scene patrol personnel, means any (i) The vessel must have plans in commissioned, warrant and petty offi- place to maintain a minimum of two cers of the U.S. Coast Guard operating feet under keel clearance at all times. Coast Guard vessels who has been au- (ii) A vessel requiring a nighttime thorized to act on the behalf of the transit through East Rockaway Inlet Captain of the Port Long Island Sound. may only do so only after receiving ap- (c) Regulations. (1) The general regu- proval from the Captain of the Port lations contained in 33 CFR § 165.23 Long Island Sound. apply. (iii) Vessels are prohibited from (2) In accordance with the general transiting East Rockaway Inlet if a regulations in § 165.23 of this part, small craft advisory or greater has entry into or movement within this been issued for the area unless specific zone is prohibited unless authorized by approval is received from the Captain the Captain of the Port Long Island of the Port Long Island Sound. Sound. (iv) In an emergency, any vessel may (3) All persons and vessels must com- deviate from the regulations in this ply with the Coast Guard Captain of section to the extent necessary to the Port or the designated on-scene pa- avoid endangering the safety of per- trol personnel. sons, the environment, and or prop- (4) Upon being hailed by a U.S. Coast erty. If deviation from the regulations Guard vessel by siren, radio, flashing is necessary, the master or their des- light or other means, the operator of ignee shall inform the Coast Guard as the vessel must proceed as directed. soon as it is practicable to do so. (5) Persons and vessels may request (c) Waivers. (1) The Captain of the permission to enter the zone on VHF–16 Port Long Island Sound may, upon re- or via phone at (203) 468–4401.

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(d) Enforcement period. This rule will (4) Persons and vessels desiring to be enforced from 11 a.m. to 5 p.m. on enter the regulated area may request August 22, 23, and 24, 2008 and each year permission to enter from the des- thereafter at dates and times specified ignated on scene patrol personnel by in a FEDERAL REGISTER notice. contacting them on VHF–16 or by a request to the Captain of the Port Long [USCG–2008–0264, 73 FR 51367, Sept. 3, 2008] Island Sound via phone at (203) 468–4401. § 165.159 Safety Zone: New York Air (d) Enforcement period. This rule will Show at Jones Beach State Park, be enforced annually on the Thursday Wantagh, NY. through Sunday before Memorial Day in May. Notification of the enforce- (a) Location. The following waters of ment of the safety zone will be made the Atlantic Ocean off of Jones Beach via marine broadcasts and local notice State Park, Wantagh, NY are des- to mariners. ignated a safety zone: Beginning at a point on land located in Jones Beach [USCG–2010–0138, 75 FR 59967, Sept. 29, 2010] State Park at approximate position 40°35′06″ N, 073°32′37″ W, then running § 165.161 Safety zones: Coast Guard east along the shoreline of Jones Beach Captain of the Port New York an- State Park to approximate position nual fireworks displays. 40°35′49″ N, 073°28′47″ W; then running (a) Safety zones. The following areas south to a position in the Atlantic are designated safety zones: Ocean off of Jones Beach at approxi- (1) Bar Beach fireworks, Hempstead mate position 40°35′05″ N, 073°28′34″ W; Harbor, NY: then running west to approximate posi- (i) Location. All waters of Hempstead tion 40°34′23″ N, 073°32′23″ W; then run- Harbor within a 300-yard radius of the ning north to the point of origin. All fireworks barge in approximate posi- coordinates are North American tion 40°49′54″ N 073°39′14″ W (NAD 1983), Datum 1983. about 360 yards north of Bar Beach, (b) Definitions. The following defini- Hempstead Harbor. tion applies to this section: Designated (ii) Effective period. Paragraph On-scene Patrol Personnel, means any (a)(1)(i) of this section is in effect an- commissioned, warrant and petty offi- nually from 8 p.m. (e.s.t.) to 1 a.m. cers of the U.S. Coast Guard operating (e.s.t.) on the Friday before Memorial Coast Guard vessels who have been au- Day, and the Saturday after Labor thorized to act on the behalf of the Day. If the event is cancelled due to in- Captain of the Port Long Island Sound. clement weather, then paragraph (c) Regulations. (1) In accordance with (a)(1)(i) of this section is effective from the general regulations in § 165.23 of 8 p.m. (e.s.t.) to 1 a.m. (e.s.t.) on the this part, entry into or movement Saturday before Memorial Day and the within this zone is prohibited unless Sunday after Labor Day. authorized by the Captain of the Port (2) Seaport Memorial Day fireworks, Long Island Sound or designated on- East River, NY: scene patrol personnel. (i) Location. All waters of the East (2) All persons and vessels must com- River south of the Brooklyn Bridge and ply with the Coast Guard Captain of north of a line drawn from the south- the Port or designated on-scene patrol west corner of Pier 3, Brooklyn, to the personnel. On-scene Coast Guard patrol northeast corner of Pier 6, Manhattan. personnel include commissioned, war- (ii) Effective period. Paragraph rant, and petty officers of the Coast (a)(2)(i) of this section is in effect an- Guard on board Coast Guard, Coast nually from 8 p.m. (e.s.t.) to 1 a.m. Guard Auxiliary, and local, State, and (e.s.t.) on Memorial Day. If the event is Federal law enforcement vessels. cancelled due to inclement weather, (3) Upon being hailed by siren, radio, then paragraph (a)(2)(i) of this section flashing light or other means from a is effective from 8 p.m. (e.s.t.) to 1 a.m. U.S. Coast Guard vessel or other vessel (e.s.t.) on the day following Memorial with on-scene patrol personnel aboard, Day. the operator of the vessel shall proceed (3) Red Bank, NJ, July 3rd fireworks, as directed. Navesink River:

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(i) Location. All waters of the (e.s.t.) on the day following New Year’s Navesink River within a 360-yard ra- Eve. dius of the fireworks barge in approxi- (b) Regulations. (1) The general regu- mate position 40°21′20″ N 074°04′10″ W lations contained in 33 CFR 165.23 (NAD 1983), about 360 yards northwest apply. of Red Bank, NJ. (2) All persons and vessels must com- (ii) Effective period. Paragraph ply with the instructions of the Coast (a)(3)(i) of this section is in effect an- Guard Captain of the Port or the des- nually from 8 p.m. (e.s.t.) to 1 a.m. ignated on-scene-patrol personnel. (e.s.t.) on July 3rd. If the event is can- These personnel comprise commis- celled due to inclement weather, then sioned, warrant, and petty officers of paragraph (a)(3)(i) of this section is ef- the Coast Guard. Upon being hailed by fective from 8 p.m. (e.s.t.) to 1 a.m. a U.S. Coast Guard vessel by siren, (e.s.t.) on July 4th. radio, flashing light, or other means, (4) Seaport Labor Day fireworks, East the operator of a vessel shall proceed River, NY: as directed. (i) Location. All waters of the East River south of the Brooklyn Bridge and [USCG–2008–0179, 73 FR 35016, June 19, 2008] north of a line drawn from the southwest corner of Pier 3, Brooklyn, to the § 165.162 Safety Zone: New York Super northeast corner of Pier 6, Manhattan. Boat Race, Hudson River, New York. (ii) Effective period. Paragraph (a)(4)(i) of this section is in effect an- (a) Regulated area. The following area nually from 8 p.m. (e.s.t.) to 1 a.m. is a safety zone: All waters of the (e.s.t.) on Labor Day. If the event is Lower Hudson River south of a line cancelled due to inclement weather, drawn from the northwest corner of then paragraph (a)(4)(i) of this section Pier 76 in Manhattan to a point on the is effective from 8 p.m. (e.s.t.) to 1 a.m. New Jersey shore in Weehawken, New (e.s.t.) on the day following Labor Day. Jersey at approximate position 40°45′52″ (5) Deepavali Festival fireworks, East N 074°01′01″ W (NAD 1983) and north of River, NY: a line connecting the following points (i) Location. All waters of the East (all coordinates are NAD 1983): River south of the Brooklyn Bridge and north of a line drawn from the south- Latitude Longitude west corner of Pier 3, Brooklyn, to the 40°42′16.0″ N 074°01′09.0″ W, then south northeast corner of Pier 6, Manhattan. to (ii) Effective period. Paragraph 40°41′55.0″ N 074°01′16.0″ W, then west to ° ′ ″ ° ′ ″ (a)(5)(i) of this section is in effect an- 40 41 47.0 N 074 01 36.0 W, then northwest to nually from 6 p.m. (e.s.t.) to 1 a.m. 40°41′55.0″ N 074°01′59.0″ W, then to (e.s.t.) on the first Sunday in October. shore at If the event is cancelled due to inclem- 40°42′20.5″ N 074°02′06.0″ W. ent weather, then paragraph (a)(5)(i) of this section is effective from 6 p.m. (b) Regulations. (1) Vessels not par- (e.s.t.) to 1 a.m. (e.s.t.) on the first ticipating in this event, swimmers, and Monday in October. personal watercraft of any nature are (6) Seaport New Year’s Eve fireworks, prohibited from entering or moving East River, NY: within the regulated area unless au- (i) Location. All waters of the East thorized by the Patrol Commander. River south of the Brooklyn Bridge and (2) All persons and vessels shall com- north of a line drawn from the south- ply with the instructions of the Coast west corner of Pier 3, Brooklyn, to the Guard Captain of the Port or the de- northeast corner of Pier 6, Manhattan. signed on-scene-patrol personnel. (ii) Effective period. Paragraph These personnel comprise commis- (a)(6)(i) of this section is in effect an- sioned, warrant, and petty officers of nually from 8 p.m. (e.s.t.) to 1 a.m. the Coast Guard. Upon being hailed by (e.s.t.) on New Year’s Eve. If the event a U.S. Coast Guard vessel by siren, is cancelled due to inclement weather, radio, flashing light, or other means, then paragraph (a)(6)(i) of this section the operator of a vessel shall proceed is effective from 8 p.m. (e.s.t.) to 1 a.m. as directed.

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(c) Effective period. This section is in Friday through Monday, Memorial Day effect annually from 10 a.m. until 4 weekend. p.m. on the Sunday following Labor (5) Safety Zone E—(i) Location. A mov- Day. ing safety zone including all waters 500 yards ahead and astern, and 200 yards [CGD01–98–175, 64 FR 31984, June 15, 1999] on each side of the departing U.S. Navy § 165.163 Safety Zones; Port of New Aircraft or Helicopter Carrier as it York/New Jersey Fleet Week. transits the Port of New York and New Jersey from its mooring at the Intrepid (a) The following areas are estab- Sea, Air and Space Museum, Manhat- lished as safety zones: tan, to the COLREGS Demarcation line (1) Safety Zone A—(i) Location. A mov- at Ambrose Channel Entrance Lighted ing safety zone for the Parade of Ships Bell Buoy 2 (LLNR 34805). including all waters 500 yards ahead (ii) Enforcement period. Paragraph and astern, and 200 yards of each side (a)(5)(i) of this section is enforced an- of the designated column of parade ves- nually on the Wednesday following Me- sels as it transits the Port of New York morial Day. Departure time is depend- and New Jersey from the Verrazano ent on tide, weather, and granting of Narrows Bridge to Riverside State authority for departure by the Captain Park on the Hudson River between of the Port, New York. West 137th and West 144th Streets, Manhattan. (b) Effective period. This section is effective annually from 8 a.m. on the (ii) Enforcement period. Paragraph Wednesday before Memorial Day until (a)(1)(i) of this section is enforced an- 4 p.m. on the Wednesday following Me- nually from 8 a.m. until 5 p.m. on the morial Day. Wednesday before Memorial Day. (c) Regulations. (1) The general regu- (2) Safety Zone B—(i) Location. A safe- lations contained in 33 CFR 165.23 ty zone including all waters of the Hud- apply. son River between Piers 83 and 90, Man- hattan, from the parade column east to (2) All persons and vessels shall com- the Manhattan shoreline. ply with the instructions of the Coast (ii) Enforcement period. Paragraph Guard Captain of the Port or the des- (a)(2)(i) of this section is enforced an- ignated on-scene-patrol personnel. nually from 8 a.m. until 5 p.m. on the these personnel comprise commis- Wednesday before Memorial Day. sioned, warrant, and petty officers of the Coast Guard. Upon being hailed by (3) Safety Zone C—(i) Location. A mov- a U. S. Coast Guard vessel by siren, ing safety zone including all waters of radio, flashing light, or other means, the Hudson River within a 200-yard ra- the operator of a vessel shall proceed dius of each parade vessel upon its as directed. leaving the parade of ships until it is safely berthed. [CGD1–98–170, 64 FR 24946, May 10, 1999] (ii) Enforcement period. Paragraph (a)(3)(i) of this section is enforced an- § 165.164 Security Zones: Dignitary Ar- nually from 8 a.m. until 5 p.m. on the rival/Departure and United Nations Wednesday before Memorial Day. Meetings, New York, NY. (4) Safety Zone D—(i) Location. A safe- (a) The following areas are estab- ty zone including all waters of the Hud- lished as security zones: son River bound by the following (1) Location. Wall Street heliport: All points: from the southeast corner of waters of the East River within the fol- Pier 90, Manhattan, where it intersects lowing boundaries: East of a line drawn the seawall, west to approximate posi- between approximate position 40°42′01″ tion 40°46′10″ N 074°00′13″ W (NAD 1983), N 074°00′39″ W (east of The Battery) to south to approximate position 40°45′54″ 40°41′36″ N 074°00′52″ W (NAD 1983) (point N 074°00′25″ W (NAD 1983), then east to north of Governors Island) and north of the northeast corner of Pier 83 where it a line drawn from the point north of intersects the seawall. Governors Island to the southwest cor- (ii) Enforcement period. Paragraph ner of Pier 7 North, Brooklyn; and (a)(4)(i) of this section is enforced an- south of a line drawn between the nually from 10 a.m. until 5 p.m., from northeast corner of Pier 13, Manhattan,

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and the northwest corner of Pier 2 sioned, warrant, and petty officers of North, Brooklyn. the Coast Guard. Upon being hailed by (2) [Reserved] a U.S. Coast Guard vessel using siren, (3) Location. Marine Air Terminal, La radio, flashing light, or other means, Guardia Airport: All waters of Bowery the operator of a vessel shall proceed Bay, Queens, New York, south of a line as directed. drawn from the western end of La [CGD01–98–006, 64 FR 24948, May 10, 1999, as Guardia Airport at approximate posi- amended by CGD01–00–146, 65 FR 47320, Aug. tion 40°46′47″ N 073°53′05″ W (NAD 1983) 2, 2000] to the Rikers Island Bridge at approximate position 40°46′51″ N 073°53′21″ W § 165.165 Regulated Navigation Area; (NAD 1983) and east of a line drawn be- Hudson River South of the Troy tween the point at the Rikers Island Locks, NY. Bridge to a point on the shore in (a) Regulated navigation area. All nav- Queens, New York, at approximate po- igable waters of the Hudson River sition 40°46′36″ N 073°53′31″ W (NAD south of the Troy Locks. 1983). (b) Definitions. The following defini- (4) Location. All waters of the East tions apply to this section: River bound by the following points: (1) Designated representative means 40°44′37″ N, 073°58′16.5″ W (the base of any Coast Guard commissioned, war- East 35th Street, Manhattan), then rant, or petty officer, or a Federal, east to 40°44′34.5″ N, 073°58′10.5″ W State, or local law enforcement officer (about 175 yards offshore of Manhat- designated by or assisting the Captain tan), then northeasterly to 40°45′29″ N, of the Port (COTP) New York. 073°57′26.5″ W (about 125 yards offshore (2) Horsepower (HP) means the total of Manhattan at the Queensboro maximum continuous shaft horsepower Bridge), then northwesterly to 40°45′31″ of all the vessel’s main propulsion ma- N, 073°57′30.5″ W (Manhattan shoreline chinery. at the Queensboro Bridge), then south- (c) Applicability. This section applies erly to the starting point at 40°44′37″ N, to tugs with less than 3,000 horsepower 073°58′16.5″ W. All nautical positions are when engaged in towing operations. based on North American Datum of (d) Regulations. (1) Except as provided 1983. in paragraph (c)(3) of this section, ves- (5) Location. All waters of the East sels less than 3,000 horsepower while River north of a line drawn from ap- engaged in towing operations are not proximate position 40°44′37″ N, authorized to transit that portion of 073°58′16.5″ W (the base of East 35th the Hudson River south of the Troy Street, Manhattan), to approximate po- Locks when ice thickness on average is sition 40°44′23″ N, 073°57′44.5″ W (Hunters eight inches or greater. Point, Long Island City), and south of (2) All Coast Guard assets enforcing the Queensboro Bridge. All nautical po- this Regulated Navigation Area can be sitions are based on North American contacted on VHF marine band radio, Datum of 1983. channel 13 or 16. The COTP can be con- (6) The security zone will be acti- tacted at (718) 354–4356, and the public vated 30 minutes before the dignitaries’ may contact the COTP to suggest arrival into the zone and remain in ef- changes or improvements in the terms fect until 15 minutes after the dig- of this Regulated Navigation Area. nitaries’ departure from the zone. (3) All persons desiring to transit (7) The activation of a particular through a portion of the regulated area zone will be announced by facsimile that has operating restrictions in ef- and marine information broadcasts. fect must contact the COTP at tele- (b) Regulations. (1) The general regu- phone number (718) 354–4356 or on VHF lations contained in 33 CFR 165.33 channel 13 or 16 to seek permission apply. prior to transiting the affected regu- (2) All persons and vessels shall com- lated area. ply with the instructions of the Coast (4) The COTP will notify the public of Guard Captain of the Port or the des- any changes in the status of this Regu- ignated on-scene-patrol personnel. lated Navigation Area by Marine Safe- These personnel comprise commis- ty Information Broadcast on VHF–FM

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marine band radio, channel 22A (157.1 (4) Vessels equal to or greater than 20 MHZ). meters (65.6 feet) in length, carrying persons for the purpose of viewing the [USCG–2010–0794, 76 FR 8656, Feb. 15, 2011] fireworks, may take position in an area § 165.166 Safety Zone: Macy’s July 4th inside the safety zone, at least 200 Fireworks, East River, NY. yards off the bulkhead on the west (a) Regulated area. The following area bank and just off the pierhead faces on is a safety zone: All waters of the the east bank of the East River be- Upper New York Bay south of a line tween the Williamsburg Bridge and drawn from Pier A (Fireboat Station North 9th Street, Brooklyn. This area Pier), Battery Park City, in approxi- is bound by the following points: mate position 40°42′15.4″ N 074°01′06.8″ W 40°42′45.5″ N 073°58′07.4″ W; thence to (NAD 1983) to the easternmost corner 40°42′50.4″ N 073°58′23.2″ W; thence to of the Ellis Island Security Zone, in ap- 40°43′23.1″ N 073°58′12.7″ W; thence to proximate position 40°41′57.6″ N 40°43′21.5″ N 073°57′45.7″ W; (NAD 1983) 074°02′06.7″ W (NAD 1983); north of a line thence back to the point of beginning. drawn from Pier 7, Jersey City, NJ, in All vessels must be in this location by approximate position 40°41′26.4″ N 6:30 p.m. (e.s.t.) the day of the event. 074°03′17.3″ W (NAD 1983) to Liberty Is- [CGD01–00–242, 66 FR 20405, Apr. 23, 2001, as land Lighted Gong Buoy 29 (LLNR amended by CGD01–05–017, 70 FR 35536, June 34995), in approximate position 21, 2005] 40°41′02.2″ N 074°02′24.7″ W (NAD 1983), on to Governor’s Island Extension § 165.168 Safety Zones; Coast Guard Light (LLNR 35000), in approximate po- Captain of the Port New York Fire- sition 40°41′08.3″ N 074°01′35.4″ W (NAD works Displays. 1983); all waters of the East River north (a) New York Harbor. The following of a line drawn from Governors Island, areas are safety zones: in approximate position 40°41′25.3″ N (1) Liberty Island Safety Zone: All 074°00′42.5″ W (NAD 1983) to the south- waters of Upper New York Bay within west corner of Pier 9A, Brooklyn; south a 360-yard radius of the fireworks barge of a line drawn from East 47th Street, in approximate position 40°41′16.5″ N Manhattan through the southern point 074°02′23″ W (NAD 1983), located in Fed- of Roosevelt Island to 46 Road, Queens; eral Anchorage 20–C, about 360 yards and all waters of Newtown Creek west east of Liberty Island. of the Pulaski Bascule Bridge. (2) Ellis Island Safety Zone: All waters (b) Activation period. This section is of Upper New York Bay within a 360- activated annually from 6:30 p.m. until yard radius of the fireworks barge lo- 11:30 p.m. on July 4th. If the event is cated between Federal Anchorages 20–A cancelled due to inclement weather and 20–B, in approximate position then this section is in effect from 6:30 40°41′45″ N 074°02′09″ W (NAD 1983), p.m. until 11:30 p.m. on July 5th. about 365 yards east of Ellis Island. (c) Regulations. (1) The general regu- (3) South Beach, Staten Island Safety lations contained in 33 CFR 165.23 Zone: All waters of Lower New York apply. Bay within a 360-yard radius of the (2) No vessels, except the Staten Is- fireworks barge in approximate posi- land Ferries, will be allowed to transit tion 40°35′11″ N 074°03′42″ W (NAD 1983), the safety zone without the permission about 350 yards east of South Beach, of the Captain of the Port, New York. Staten Island. (3) All persons and vessels shall com- (4) Raritan Bay Safety Zone: All ply with the instructions of the Coast waters of Raritan Bay in the vicinity Guard Captain of the Port or the des- of the Raritan River Cutoff and Ward ignated on-scene patrol personnel. Point Bend (West) within a 240-yard ra- These personnel comprise commis- dius of the fireworks barge in approxi- sioned, warrant, and petty officers of mate position 40°30′04″ N 074°15′35″ W the Coast Guard. Upon being hailed by (NAD 1983), about 240 yards east of a U.S. Coast Guard vessel by siren, Raritan River Cutoff Channel Buoy 2 radio, flashing light, or other means, (LLNR 36595). the operator of a vessel shall proceed (5) Coney Island Safety Zone: All as directed. waters of Lower New York Bay within

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a 250-yard radius of the fireworks land 073°41′23″ W (NAD 1983), about 525 yards shoot located on the south end of Stee- east of Milton Point, Peningo Neck, plechase Pier, Coney Island, in approxi- New York. mate position 40°34′11″ N 073°59′00″ W (2) Satans Toe, Western Long Island (NAD 1983). Sound Safety Zone: All waters of west- (6) Arthur Kill, Elizabeth, New Jersey ern Long Island Sound within a 360- Safety Zone: All waters of the Arthur yard radius of the fireworks barge in Kill within a 150-yard radius of the fire- approximate position 40°55′21″ N works land shoot located in Elizabeth, 073°43′41″ W (NAD 1983), about 635 yards New Jersey, in approximate position northeast of Larchmont Harbor (East 40°38′50″ N 074°10′58″ W (NAD 1983), Entrance) Light 2 (LLNR 25720). about 675 yards west of Arthur Kill (3) Larchmont, Western Long Island Channel Buoy 20 (LLNR 36780). Sound Safety Zone: All waters of west- (7) South Ellis Island Safety Zone: All ern Long Island Sound within a 240- waters of Upper New York Bay within yard radius of the fireworks barge in a 240-yard radius of the fireworks barge approximate position 40°54′45″ N ° ′ ′ in approximate position 40 41 39.9 N 073°44′55″ W (NAD 1983), about 450 yards ° ′ ′ 074 02 33.7 W (NAD 1983), about 260 southwest of the entrance to Horseshoe yards south of Ellis Island. Harbor. (8) Rockaway Beach Safety Zone: All (4) Manursing Island, Western Long Is- waters of the Atlantic Ocean within a land Sound Safety Zone: All waters of 360 yard radius of the fireworks barge western Long Island Sound within a in approximate position 40°34′28.2′ N 360-yard radius of the fireworks barge 073°50′00.0′ W (NAD 1983), off Beach in approximate position 40°57′47″ N 116th Street. 073°40′06″ W (NAD 1983), about 380 yards (9) Rockaway Inlet Safety Zone: All north of Rye Beach Transport Rock waters of Rockaway Inlet within a 360 Buoy 2 (LLNR 25570). yard radius of the fireworks barge in approximate position 40°34′19.1′ N (5) Glen Island, Western Long Island 073°54′43.5′ W (NAD 1983), about 1,200 Sound Safety Zone: All waters of west- yards south of Point Breeze. ern Long Island Sound within a 240- (10) Pierhead Channel, NJ Safety Zone: yard radius of the fireworks barge in ° ′ ″ All waters of Pierhead Channel and the approximate position 40 53 12 N ° ′ ″ Kill Van Kull within a 360-yard radius 073 46 33 W (NAD 1983), about 350 yards of the fireworks barge in approximate east of the northeast corner of Glen Is- position 40°39′18.8″ N 074°04′39.1″ W (NAD land, New York. 1983), approximately 315 yards north of (6) Twin Island, Western Long Island the Kill Van Kull Channel. Sound Safety Zone: All waters of west- (11) Midland Beach, Staten Island Safe- ern Long Island Sound within a 200- ty Zone: All waters of Lower New York yard radius of the fireworks land shoot Bay within a 500-yard radius of the in approximate position 40°52′10″ N fireworks barge in approximate posi- 073°47′07″ W (NAD 1983), at the east end tion 40°34′12.0″ N 074°04′29.6″ W (NAD of Orchard Beach, New York. 1983), approximately 800 yards south- (7) Davenport Neck, Western Long Is- east of Midland Beach. land Sound Safety Zone: All waters of (12) Wolfes Pond Park, Staten Island western Long Island Sound within a Safety Zone: All waters of Raritan Bay 360-yard radius of the fireworks barge within a 500-yard radius of the fire- in Federal Anchorage No. 1–A, in ap- works barge in approximate position proximate position 40°53′46″ N 073°46′04″ 40°30′52.1″ N 074°10′58.8″ W (NAD 1983), W (NAD 1983), about 360 yards north- approximately 540 yards east of Wolfes west of Emerald Rock Buoy (LLNR Pond Park. 25810). (b) Western Long Island Sound. The (8) Glen Cove, Hempstead Harbor Safety following areas are safety zones: Zone: All waters of Hempstead Harbor (1) Peningo Neck, Western Long Island within a 360-yard radius of the fire- Sound Safety Zone: All waters of west- works barge in approximate position ern Long Island Sound within a 300- 40°51′58″ N 073°39′34″ W (NAD 1983), yard radius of the fireworks barge in about 500 yards northeast of Glen Cove approximate position 40°56′21″ N Breakwater Light 5 (LLNR 27065).

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(9) Bar Beach, Hempstead Harbor Safe- 074°01′02″ W (NAD 1983), about 500 yards ty Zone: All waters of Hempstead Har- west of Pier 60, Manhattan, New York. bor within a 180-yard radius of the fire- (2) The Battery, Hudson River Safety works barge in approximate position Zone: All waters of the Hudson River 40°49′50″ N 073°39′12″ W (NAD 1983), and Anchorage Channel within a 360- about 190 yards north of Bar Beach, yard radius of the fireworks barge in Hempstead Harbor, New York. approximate position 40°42′00″ N (10) Larchmont Harbor, Western Long 074°01′17″ W (NAD 1983), about 500 yards Island Sound Safety Zone: All waters of south of The Battery, Manhattan, New western Long Island Sound within a York. 240-yard radius of the fireworks barge (3) Battery Park City, Hudson River in approximate position 40°55′21.8″ N Safety Zone: All waters of the Hudson 073°44′21.7″ W (NAD 1983), about 540 River within a 360-yard radius of the yards north of Umbrella Rock. fireworks barge in approximate posi- (11) Orchard Beach, The Bronx, Safety tion 40°42′39″ N 074°01′21″ W (NAD 1983), Zone: All waters of Long Island Sound about 480 yards southwest of North in an area bound by the following Cove Yacht Harbor, Manhattan, New ° ′ ″ ° ′ ″ points: 40 51 43.5 N 073 47 36.3 W; York. ° ′ ″ ° ′ ″ thence to 40 52 12.2 N 073 47 13.6 W; (4) Pier 90, Hudson River Safety Zone: ° ′ ″ ° ′ ″ thence to 40 52 02.5 N 073 46 47.8 W; All waters of the Hudson River within thence to 40°51′32.3″ N 073°47′09.9″ W a 360-yard radius of the fireworks barge (NAD 1983), thence to the point of ori- in approximate position 40°46′11.8′ N gin. 074°00′14.8″ W (NAD 1983), about 375 (c) East River. The following areas are yards west of Pier 90, Manhattan. safety zones: (5) Yonkers, New York, Hudson River (1) Pier 14, East River Safety Zone: All Safety Zone: All waters of the Hudson waters of the East River within a 180- River within a 360-yard radius of the yard radius of the fireworks barge in ° ′ ″ fireworks barge in approximate posi- approximate position 40 42 07.5 N ° ′ ″ ° ′ ″ 074°00′06″ W (NAD 1983), about 250 yards tion 40 56 14.5 N 073 54 33 W (NAD southeast of Pier 14, Manhattan, New 1983), about 475 yards northwest of the York. Yonkers Municipal Pier, New York. (2) Wards Island, East River Safety (6) Hastings-on-Hudson, New York, Zone: All waters of the East River Hudson River Safety Zone: All waters of within a 150-yard radius of the fire- the Hudson River within a 360-yard ra- works land shoot in approximate posi- dius of the fireworks barge in approxi- ° ′ ″ ° ′ ″ tion 40°46′55.5″ N 073°55′33″ W (NAD mate position 40 59 44.5 N 073 53 28 W 1983), about 200 yards northeast of the (NAD 1983), about 425 yards west of Triborough Bridge. Hastings-on-Hudson, New York. (3) Pier 16, East River Safety Zone: All (7) Pier D, Hudson River Safety Zone: waters of the East River within a 180- All waters of the Hudson River within yard radius of the fireworks barge in a 360-yard radius of the fireworks barge approximate position 40°42′12.5″ N in approximate position 40°42′57.5″ N 074°00′02.0″ W (NAD 1983), about 200 074°01′34″ W (NAD 1983), about 375 yards yards east of Pier 16. southeast of Pier D, Jersey City, New (4) Newtown Creek, East River Safety Jersey. Zone: All waters of the East River (8) Pier 54, Hudson River Safety Zone: within a 360-yard radius of the fire- All waters of the Hudson River within works barge in approximate position a 360-yard radius of the fireworks barge 40°44′24.0′ N 073°58′00.0″ W (NAD 1983), in approximate position 40°44′31″ N about 785 yards south of Belmont Is- 074°01′00″ W (NAD 1983), about 380 yards land. west of Pier 54, Manhattan. (d) Hudson River. The following areas (9) Pier 84, Hudson River Safety Zone: are safety zones: All waters of the Hudson River within (1) Pier 60, Hudson River Safety Zone: a 360-yard radius of the fireworks barge All waters of the Hudson River within in approximate position 40°45′56.9″ N a 360-yard radius of the fireworks barge 074°00′25.4″ W (NAD 1983), about 380 in approximate position 40°44′49″ N yards west of Pier 84, Manhattan.

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(10) Peekskill Bay, Hudson River Safety sioned, warrant, and petty officers of Zone: All waters of Peekskill Bay with- the Coast Guard. Upon being hailed by in a 360-yard radius of the fireworks a U. S. Coast Guard vessel by siren, barge in approximate position 41°17′16″ radio, flashing light, or other means, N 073°56′18″ W (NAD 1983), about 670 the operator of a vessel shall proceed yards north of Travis Point. as directed. (11) Jersey City, Hudson River Safety [CDG01–00–004, 65 FR 43239, July 13, 2000, as Zone: All waters of the Hudson River amended by CGDO1–00–221, 66 FR 16000, Mar. within a 360-yard radius of the fire- 22, 2001; CGD01–03–102, 69 FR 41199, July 8, works barge in approximate position 2004] 40°42′37.3″ N 074°01′41.6″ W (NAD 1983), about 420 yards east of Morris Canal § 165.169 Safety and Security Zones: Little Basin. New York Marine Inspection Zone (12) Newburgh, NY, Safety Zone: All and Captain of the Port Zone. waters of the Hudson River within a (a) Safety and security zones. The fol- 360-yard radius of the fireworks barge lowing waters within the New York in approximate position 41°30′01.2″ N Marine Inspection Zone and Captain of 073°59′42.5″ W (NAD 1983), approxi- the Port Zone are safety and security mately 930 yards east of Newburgh, NY. zones: (e) Notification. Coast Guard Activi- (1) Indian Point Nuclear Power Station ties New York will cause notice of the (IPNPS). All waters of the Hudson activation of these safety zones to be River within a 300-yard radius of the made by all appropriate means to ef- IPNPS pier in approximate position fect the widest publicity among the af- 41°16′12.4″ N, 073°57′16.2″ W (NAD 83). fected segments of the public, includ- (2) U.S. Coast Guard Cutters and Shore ing publication in the local notice to Facilities. All waters within 100 yards mariners, marine information broad- of: Each moored, or anchored, Coast casts, and facsimile. Fireworks barges Guard Cutter; Coast Guard Station used in these locations will also have a New York, Staten Island, NY; Coast sign on their port and starboard side Guard Station Sandy Hook, NJ; Coast labeled ‘‘FIREWORKS—STAY AWAY’’. Guard Station Kings Point, NY; and This sign will consist of 10″ high by 1.5″ Coast Guard Aids to Navigation Team wide red lettering on a white back- New York, Bayonne, NJ. ground. Shore sites used in these loca- (3) Part 105 Facilities—(i) Definition. tions will display a sign labeled For the purposes of this section, Part ‘‘FIREWORKS—STAY AWAY’’ with 105 Facility means any facility subject the same dimensions. to the regulations contained in 33 CFR (f) Enforcement period. This section part 105, including those designated as will be enforced from 6 p.m. (e.s.t.) to 1 ‘‘Public Access Facilities’’ as defined a.m. (e.s.t.) each day a barge with a in 33 CFR 101.105. For public identifica- ‘‘FIREWORKS—STAY AWAY’’ sign on tion purposes, all of these facilities are the port and starboard side is on-scene required to have signs posted along the or a ‘‘FIREWORKS—STAY AWAY’’ shoreline, facing the water, indicating sign is posted in a location listed in that there is a 25 yard waterfront secu- paragraphs (a) through (d) of this sec- rity zone surrounding the facilities. tion. Vessels may enter, remain in, or (ii) Location. All waters within 25 transit through these safety zones dur- yards of each Part 105 Facility. When a ing this time frame if authorized by barge, ferry, or other commercial ves- the Captain of the Port New York or sel is conducting transfer operations at designated Coast Guard patrol per- a Part 105 Facility, the 25-yard zone is sonnel on scene. measured from the outboard side of the (g) Regulations. (1) The general regu- commercial vessel. lations contained in 33 CFR 165.23 (iii) Regulations. (A) Vessels not ac- apply. tively engaged in passenger, cargo, pro- (2) All persons and vessels shall com- vision, facility maintenance or inspec- ply with the instructions of the Coast tion, bunker transfer operations, or Guard Captain of the Port or the des- docking or undocking operations, au- ignated on-scene-patrol personnel. thorized in advance by the Facility Se- These personnel comprise commis- curity Plan, Facility Security Officer

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or designated representative, must not Pier 92, thence southwest to approxi- enter within any part of a zone de- mate position 40°45′56.7″ N, 074°00′15.3″ scribed in paragraph (a)(3) of this sec- W, approximately 150 yards west of tion without the express permission of Pier 86, thence east to the seawall be- the Coast Guard Captain of the Port, a tween Pier 84 and Pier 86 at approxi- designated representative or des- mate position 40°45′49.6″ N, 073°59′58.1″ ignated on-scene patrol personnel. W (NAD 1983), thence northeast along (B) Persons seeking Captain of the the shoreline to the point of origin. Port permission to enter within a par- (ii) Regulations. Vessels not actively ticular zone for official business other engaged in passenger, cargo, provision, than authorized passenger, cargo, pro- facility maintenance or inspection, vision, facility maintenance or inspec- bunker transfer operations, or docking tion, bunker transfer operations or au- or undocking operations, authorized in thorized docking or undocking oper- advance by the Facility Security Plan, ations may request such authorization Facility Security Officer or designated by contacting: Commander Coast representative, must not enter within Guard Sector New York, via the Sector any part of a zone described in para- Command Center (SCC), at: 212 Coast graph (a)(6) of this section without the Guard Drive, Staten Island, NY 10305, express permission of the Coast Guard or via fax to (718) 354–4125 or by con- Captain of the Port, a designated rep- tacting the Sector Command Center resentative or designated on-scene pa- Duty Officer by phone at: (718) 354–4353. trol personnel. Persons seeking Cap- (C) Vessels may transit through any tain of the Port permission to enter portion of the zone that extends into within the zone described in paragraph the navigable channel for the sole pur- (a)(6) of this section for official busi- pose of direct and expeditious transit ness other than authorized passenger, so long as they remain within the navi- cargo, provision, facility maintenance gable channel, maintain the maximum or inspection, bunker transfer oper- safe distance from the Part 105 facility, ations or authorized docking or and do not stop or loiter within the undocking operations may request zone. such authorization by contacting: (4) Liberty and Ellis Islands. All waters Commander Coast Guard Sector New within 150 yards of Liberty Island, Ellis York, via the Sector Command Center Island, and the bridge between Liberty (SCC), at: 212 Coast Guard Drive, Stat- State Park and Ellis Island. en Island, NY 10305, or via fax to (718) (5) Bridge Piers and Abutments, Over- 354–4125 or by contacting the Sector head Power Cable Towers, Piers and Tun- Command Center Duty Officer by nel Ventilators. All waters within 25 phone at: (718) 354–4353. yards of any bridge pier or abutment, (7) La Guardia Airport, Bowery and overhead power cable tower, pier or Flushing Bays, Queens, NY. (i) Location: tunnel ventilators south of the Troy, 200-Yard Zone. All waters of Bowery NY Locks. Vessels may transit through and Flushing Bays within approxi- any portion of the zone that extends mately 200 yards of La Guardia Airport into the navigable channel for the sole bound by the following points: Onshore purpose of direct and expeditious tran- at Steinway, Queens, in approximate sit through the zone so long as they re- position 40°46′32.1″ N, 073°53′22.4″ W, main within the navigable channel, thence to 40°46′52.8″ N, 073°53′09.3″ W, maintain the maximum safe distance thence to 40°46′54.8″ N, 073°52′54.2″ W, from the waterfront facility and do not thence to 40°46′59.3″ N, 073°52′51.3″ W, stop or loiter within the zone. thence to 40°47′11.8″ N, 073°53′17.3″ W, (6) New York City Passenger Ship Ter- thence to 40°47′13.0″ N, 073°53′16.1″ W on minal, Hudson River, NY—(i) Location. Rikers Island, thence easterly along All navigable waters of the Hudson the Rikers Island shoreline to approxi- River bound by the following points: mate position 40°47′12.9″ N, 073°52′17.9″ From the point 40°46′09″ N, 073°59′48.7″ W, thence to 40°47′16.7″ N, 073°52′09.2″ W, W on the seawall midway between Pier thence to 40°47′36.1″ N, 073°51′52.5″ W, 92 and 94, thence northwest to approxi- thence to 40°47′35.1″ N, 073°51′50.5″ W, mate position 40°46′14″ N, 074°00′00.9″ W, thence to 40°47′15.9″ N, 073°52′06.4″ W, approximately 125 yards northwest of thence to 40°47′14.5″ N, 073°52′03.1″ W,

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thence to 40°47′10.6″ N, 073°52′06.7″ W, mariners, or notice posted at http:// thence to 40°47′01.9″ N, 073°52′02.4″ W, homeport.uscg.mil/newyork. thence to 40°46′50.4″ N, 073°52′08.1″ W, (8) John F. Kennedy Airport, Jamaica thence to 40°46′26.8″ N, 073°51′18.5″ W, Bay, Queens, NY. (i) Location: Bergen thence to 40°45′57.2″ N, 073°51′01.8″ W, Basin. All waters of Bergen Basin north thence to 40°45′51.2″ N, 073°50′59.6″ W, of 40°39′26.4″ N. thence to 40°45′49.5″ N, 073°51′07.2″ W, (ii) Location: Thurston Basin. All thence to 40°45′58.8″ N, 073°51′13.2″ W, waters of Thurston Basin north of thence to 40°46′02.3″ N, 073°51′20.1″ W, 40°38′21.2″ N. thence to 40°45′48.4″ N, 073°51′37.0″ W, (iii) Location: 200-Yard Zone. All (NAD 1983) thence along the shoreline waters of Jamaica Bay within approxi- to the point of origin. mately 200 yards of John F. Kennedy (ii) Location: 100-Yard Zone. All Airport bound by the following points: waters of Bowery and Flushing Bays Onshore east of Bergen Basin, Queens, within approximately 100 yards of La in approximate position 40°38′49.0″ N, Guardia Airport bound by the following 073°49′09.1″ W, thence to 40°38′42.5″ N, points: Onshore at Steinway, Queens, 073°49′13.2″ W, thence to 40°38′00.6″ N, in approximate position 40°46′32.1″ N, 073°47′35.1″ W, thence to 40°37′52.3″ N, 073°53′22.4″ W, thence to 40°46′50.6″ N, 073°47′55.0″ W, thence to 40°37′50.3″ N, ° ′ ″ ° ′ ″ 073 53 07.3 W, thence to 40 46 53.0 N, 073°47′53.5″ W, thence to 40°37′59.4″ N, ° ′ ″ ° ′ ″ 073 52 50.9 W, thence to 40 46 57.6 N, 073°47′32.6″ W, thence to 40°37′46.1″ N, ° ′ ″ ° ′ ″ 073 52 47.9 W, thence to 40 47 11.8 N, 073°47′07.2″ W, thence to 40°37′19.5″ N, ° ′ ″ ° ′ ″ 073 53 17.3 W, thence to 40 47 13.0 N, 073°47′30.4″ W, thence to 40°37′05.5″ N, ° ′ ″ 073 53 16.1 W on Rikers Island, thence 073°47′03.0″ W, thence to 40°37′34.7″ N, easterly along the Rikers Island shore- 073°46′40.6″ W, thence to 40°37′20.5″ N, line to approximate position 40°47′12.9″ ° ′ ″ ° ′ ″ ° ′ ″ ° ′ ″ 073 46 23.5 W, thence to 40 37 05.7 N, N, 073 52 17.9 W, thence to 40 47 16.7 N, ° ′ ″ ° ′ ″ ° ′ ″ ° ′ ″ 073 46 34.9 W, thence to 40 36 54.8 N, 073 52 09.2 W, thence to 40 47 36.1 N, ° ′ ″ ° ′ ″ ° ′ ″ ° ′ ″ 073 46 26.7 W, thence to 40 37 14.1 N, 073 51 52.5 W, thence to 40 47 35.1 N, ° ′ ″ ° ′ ″ ° ′ ″ ° ′ ″ 073 46 10.8 W, thence to 40 37 36.9 N, 073 51 50.5 W, thence to 40 47 15.9 N, ° ′ ″ ° ′ ″ ° ′ ″ ° ′ ″ 073 45 52.8 W, thence to 40 38 00.8 N, 073 52 06.4 W, thence to 40 47 14.5 N, ° ′ ″ ° ′ ″ ° ′ ″ ° ′ ″ 073 44 54.9 W, thence to 40 38 05.1 N, 073 52 03.1 W, thence to 40 47 07.9 N, ° ′ ″ 073°52′09.2″ W, thence to 40°47′01.4″ N, 073 45 00.3 W, (NAD 1983) thence along 073°52′06.1″ W, thence to 40°46′50.0″ N, the shoreline to the point of origin. 073°52′14.6″ W, thence to 40°46′22.2″ N, (iv) Location: 100-Yard Zone. All 073°51′16.0″ W, thence to 40°45′57.2″ N, waters of Jamaica Bay within approxi- 073°51′01.8″ W, thence to 40°45′52.4″ N, mately 100 yards of John F. Kennedy 073°51′00.2″ W, thence to 40°45′50.6″ N, Airport bound by the following points: 073°51′07.9″ W, thence to 40°45′58.8″ N, Onshore east of Bergen Basin, Queens, 073°51′13.2″ W, thence to 40°46′04.0″ N, in approximate position 40°38′49.0″ N, 073°51′23.3″ W, thence to 40°45′51.2″ N, 073°49′09.1″ W, thence to 40°38′45.1″ N, 073°51′38.8″ W, (NAD 1983) thence along 073°49′11.6″ W, thence to 40°38′02.0″ N, the shoreline to the point of origin. 073°47′31.8″ W, thence to 40°37′52.3″ N, (iii) Enforcement period. The zones de- 073°47′55.0″ W, thence to 40°37′50.3″ N, scribed in paragraph (a)(7) of this sec- 073°47′53.5″ W, thence to 40°38′00.8″ N, tion will be effective at all times. When 073°47′29.4″ W, thence to 40°37′47.4″ N, port security conditions permit, the 073°47′02.4″ W, thence to 40°37′19.9″ N, Captain of the Port will allow vessels 073°47′25.0″ W, thence to 40°37′10.0″ N, to operate within that portion of the 073°47′03.7″ W, thence to 40°37′37.7″ N, waters described in paragraph (a)(7)(i) 073°46′41.2″ W, thence to 40°37′22.6″ N, that lies outside of the waters de- 073°46′21.9″ W, thence to 40°37′05.7″ N, scribed in paragraph (a)(7)(ii). Author- 073°46′34.9″ W, thence to 40°36′54.8″ N, ization to enter the waters that lie be- 073°46′26.7″ W, thence to 40°37′14.1″ N, tween the outer boundaries of the 073°46′10.8″ W, thence to 40°37′40.0″ N, zones described in paragraphs (a)(7)(i) 073°45′55.6″ W, thence to 40°38′02.8″ N, and (a)(7)(ii) will be communicated by 073°44′57.5″ W, thence to 40°38′05.1″ N, the Captain of the Port to the public 073°45′00.3″ W, (NAD 1983) thence along by marine broadcast, or local notice to the shoreline to the point of origin.

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(v) Enforcement period. The zones de- that lies outside of the waters described in paragraphs (a)(8) of this sec- scribed in paragraph (a)(9)(ii). Author- tion will be effective at all times. When ization to enter the waters that lie be- port security conditions permit, the tween the outer boundaries of the Captain of the Port will allow vessels zones described in paragraphs (a)(9)(i) to operate within that portion of the and (a)(9)(ii) will be communicated by waters described in paragraph (a)(8)(iii) the Captain of the Port to the public that lies outside of the waters de- by marine broadcast, local notice to scribed in paragraph (a)(8)(iv). Author- mariners, or notice posted at http:// ization to enter the waters that lie be- homeport.uscg.mil/newyork. tween the outer boundaries of the (10) Port Newark/Port Elizabeth, New- zones described in paragraphs (a)(8)(iii) ark Bay, NJ. All waters of Newark Bay and (a)(8)(iv) will be communicated by bound by the following points: the Captain of the Port to the public 40°41′49.9″ N, 074°07′32.2″ W, thence to by marine broadcast, local notice to 40°41′46.5″ N, 074°07′20.4″ W, thence to mariners, or notice posted at http:// 40°41′10.7″ N, 074°07′45.9″ W, thence to homeport.uscg.mil/newyork. 40°40′54.3″ N, 074°07′55.7″ W, thence to (9) NYPD Ammunition Depot, Rodman 40°40′36.2″ N, 074°08′03.8″ W, thence to Neck, Eastchester Bay, NY. (i) Location: 40°40′29.1″ N, 074°08′06.3″ W, thence to 150-Yard Zone. All waters of 40°40′21.9″ N, 074°08′10.0″ W, thence to Eastchester Bay within approximately 40°39′27.9″ N, 074°08′43.6″ W, thence to 150 yards of Rodman Neck bound by the 40°39′21.5″ N, 074°08′50.1″ W, thence to following points: Onshore in approxi- 40°39′21.5″ N, 074°09′54.3″ W, (NAD 1983) ° ′ ″ ° ′ ″ mate position 40 51 30.4 N, 073 48 14.9 thence northerly along the shoreline to ° ′ ″ ° ′ ″ W, thence to 40 51 29.9 N, 073 48 20.7 W, the point of origin. ° ′ ″ ° ′ ″ thence to 40 51 16.9 N, 073 48 22.5 W, (11) Global Marine Terminal, Upper thence to 40°51′07.5″ N, 073°48′18.7″ W, New York Bay. All waters of Upper New thence to 40°50′54.2″ N, 073°48′11.1″ W, York Bay between the Global Marine thence to 40°50′48.5″ N, 073°48′04.6″ W, and Military Ocean Terminals, west of thence to 40°50′49.2″ N, 073°47′56.5″ W, the New Jersey Pierhead Channel. thence to 40°51′03.6″ N, 073°47′47.3″ W, thence to 40°51′15.7″ N, 073°47′46.8″ W, (12) Approaches to New York, Atlantic thence to 40°51′23.5″ N, 073°47′41.9″ W, Ocean—(i) Location: All waters of the (NAD 1983) thence southwesterly along Atlantic Ocean between the Ambrose the shoreline to the point of origin. to Hudson Canyon Traffic Lane and the (ii) Location: 100-Yard Zone. All Barnegat to Ambrose Traffic Lane waters of Eastchester Bay within ap- bound by the following points: ° ′ ″ ° ′ ″ proximately 100 yards of Rodman Neck 40 21 29.9 N, 073 44 41.0 W, thence to ° ′ ″ ° ′ ″ bound by the following points: Onshore 40 21 04.5 N, 073 45 31.4 W, thence to ° ′ ″ ° ′ ″ in approximate position 40°51′30.4″ N, 40 15 28.3 N, 073 44 13.8 W, thence to ° ′ ″ ° ′ ″ 073°48′14.9″ W, thence to 40°51′30.1″ N, 40 15 35.4 N, 073 43 29.8 W, thence to ° ′ ″ ° ′ ″ 073°48′19.0″ W, thence to 40°51′16.8″ N, 40 19 21.2 N, 073 42 53.0 W, (NAD 1983) 073°48′20.5″ W, thence to 40°51′07.9″ N, thence to the point of origin. 073°48′16.8″ W, thence to 40°50′54.9″ N, (ii) Enforcement period. Enforcement 073°48′09.0″ W, thence to 40°50′49.7″ N, periods for the zone in paragraph (a)(12) 073°48′03.6″ W, thence to 40°50′50.1″ N, of this section will be announced 073°47′57.9″ W, thence to 40°51′04.6″ N, through marine information broadcast 073°47′48.9″ W, thence to 40°51′15.9″ N, or other appropriate method of commu- 073°47′48.4″ W, thence to 40°51′23.5″ N, nication and the zone is activated 073°47′41.9″ W, (NAD 1983) thence south- whenever a vessel is anchored in the westerly along the shoreline to the area described in paragraph (a)(12)(i) or point of origin. a Coast Guard patrol vessel is on-scene. (iii) Enforcement period. The zones de- (iii) Regulations. (A) The area described in paragraph (a)(9) of this sec- scribed in paragraph (a)(12) of this section will be effective at all times. When tion is not a Federal Anchorage port security conditions permit, the Ground. Only vessels directed by the Captain of the Port will allow vessels Captain of the Port or his or her des- to operate within that portion of the ignated representative to enter this waters described in paragraph (a)(9)(i) zone are authorized to anchor here.

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(B) Vessels do not need permission Port Zone (33 CFR 3.05–30). This zone from the Captain of the Port to transit will remain activated at all times the area described in paragraph (a)(12) while the cruise ship is within the nav- of this section during periods when igable waters of the United States in that security zone is not being en- the New York Captain of the Port forced. Zone. (13) Liquefied Hazardous Gas (LHG) (15) Designated Vessels—(i) Definition. Vessels—(i) Definitions. For the purposes For the purposes of this section, Des- of this section, LHG Vessel means any ignated Vessels are vessels carrying gov- vessel constructed or converted to ernment officials, dignitaries, or other carry, in bulk, any of the flammable or passengers requiring protection by the toxic products listed in 33 CFR 127.005, U.S. Secret Service, or other Federal, Table 127.005. State or local law enforcement agency; (ii) Location. All waters within a 200- barges or ships carrying petroleum yard radius of any LHG Vessel that is products, chemicals, or other haz- underway and all waters within a 100- ardous cargo; and passenger vessels (as yard radius of any LHG Vessel that is defined in 46 U.S.C. 2101(22)), that are moored or at anchor. authorized to carry more than 400 pas- (iii) Enforcement period. The zone de- sengers and are less than 200 feet in scribed in paragraph (a)(13) of this sec- length. tion will be activated upon entry of a (ii) Location. All waters within a 100- LHG Vessel into the navigable waters yard radius of any Designated Vessel. of the United States (see 33 CFR 2.36(a) (iii) Enforcement period. The zone de- to include the 12 NM territorial sea) in scribed in paragraph (a)(15) of this sec- the New York Captain of the Port Zone tion will be activated upon entry of (33 CFR 3.05–30). The LHG Vessel will any Designated Vessel into the navi- be identifiable by the requirement to gable waters of the United States (see fly the Bravo flag (red international 33 CFR 2.36(a) to include the 12 NM ter- signal flag under Pub. 102, Inter- ritorial sea) in the New York Captain national Code of Signals) from the out- of the Port Zone (33 CFR 3.05–30). This ermost halyard (above the pilot house) zone will remain activated at all times where it can most easily be seen. In ad- while the Designated Vessel is within dition to visual identification of the the navigable waters of the United LHG Vessel, the Captain of the Port States in the New York Captain of the will notify the maritime community of Port Zone. The Designated Vessels, in- periods during which this zone will be cluding ships and barges carrying pe- enforced by methods in accordance troleum products, chemicals, or other with 33 CFR 165.7. hazardous cargo will be recognized by (14) Cruise ships—(i) Definition. For the requirement to fly the Bravo flag the purposes of this section, cruise ship (red international signal flag under means a passenger vessel as defined in Pub 102, International Code of Signals 46 U.S.C. 2101(22), that is authorized to from the outermost halyard (above the carry more than 400 passengers and is pilot house) where it can most easily 200 or more feet in length. A cruise ship be seen. Vessels that are constrained under this section will also include fer- by their draft from leaving the channel ries as defined in 46 CFR 2.10–25 that may transit through the zone for the are authorized to carry more than 400 sole purpose of direct and expeditious passengers and are 200 feet or more in transit so long as they remain within length. the navigable channel, maintain the (ii) Location. All waters within a 100- maximum possible safe distance from yard radius of any Cruise ship whether the Designated Vessel, and do not stop underway, anchored, or at berth. or loiter within the zone. Designated (iii) Enforcement period. The zone de- Vessels carrying government officials, scribed in paragraph (a)(14) of this sec- dignitaries, or other passengers requir- tion will be activated upon entry of ing protection, and passenger vessels any cruise ship into the navigable authorized to carry more than 400 pas- waters of the United States (see 33 CFR sengers and are less than 200 feet in 2.36(a) to include the 12 NM territorial length will be recognizable by their sea) in the New York Captain of the being escorted by a federal, state or

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local law enforcement or security ves- vision, facility maintenance or inspec- sel. The law enforcement or security tion, bunker transfer operations, or vessel will be identifiable by flashing docking or undocking operations, au- light, siren, flags, markings and/or thorized in advance by the Facility Se- through other means that clearly iden- curity Plan, Facility Security Officer tify the vessel as engaged in law en- or designated representative, must not forcement or security operations. enter within any part of a zone de- (16) 134th Street Pipeline Metering and scribed in paragraph (a)(17) of this sec- Regulating Station—(i) Location. All tion without the express permission of waters of the Hudson River within 25 the Coast Guard Captain of the Port, a yards of the 134th Street Pipeline Me- designated representative, or des- tering and Regulating Station. ignated on-scene patrol personnel. (ii) Regulations. (A) Vessels not ac- (B) Persons seeking Captain of the tively engaged in facility maintenance Port permission to enter within a par- or inspection operations authorized in ticular zone for official business other advance by the Pipeline Security Offi- cer or designated representative, or au- than authorized passenger, cargo, pro- thorized docking or undocking oper- vision, facility maintenance or inspec- ations, must not enter within any part tion, bunker transfer operations or au- of a zone described in paragraph (a)(16) thorized docking or undocking oper- of this section without the express per- ations may request such authorization mission of the Coast Guard Captain of by contacting: Commander Coast the Port, a designated representative Guard Sector New York, via the Sector or designated on-scene patrol per- Command Center (SCC), at: 212 Coast sonnel. Guard Drive, Staten Island, NY 10305, (B) Persons seeking Captain of the or via fax to (718) 354–4125 or by con- Port permission to enter within a par- tacting the Sector Command Center ticular zone for official business other Duty Officer by phone at: (718) 354–4353. than authorized passenger, cargo, pro- (C) Vessels entering or departing the vision, facility maintenance or inspec- marina north of the Newport Helistop tion, bunker transfer operations or au- are authorized to transit through the thorized docking or undocking oper- safety/security zone around the New- ations may request such authorization port Helistop during their transit, pro- by contacting: Commander Coast vided that helicopters are not taking Guard Sector New York, via the Sector off or landing. No loitering or unneces- Command Center (SCC), at: 212 Coast sary delay is authorized during these Guard Drive, Staten Island, NY 10305, transits. or via fax to (718) 354–4125 or by con- (b) Regulations. (1) Entry into or re- tacting the Sector Command Center maining in a safety or security zone is Duty Officer by phone at: (718) 354–4353. prohibited unless authorized by the (17) Waterfront heliports—(i) Location. Coast Guard Captain of the Port, New All waters of the East River within 25 York. yards of the East 34th Street and Wall Street Heliports, and all waters of the (2) Persons desiring to transit the Hudson River within 25 yards of the area of a safety or security zone may West 30th Street Heliport and the Jer- contact the Captain of the Port at tele- sey City/Newport Helistop, areas of phone number 718–354–4088 or on VHF land or water under and in immediate channel 14 (156.7 MHz) or VHF channel proximity to them; buildings on such 16 (156.8 MHz) to seek permission to structures or contiguous to them; and transit the area. If permission is grant- equipment and materials on such ed, all persons and vessels must comply structures and in such buildings. When with the instructions of the Captain of a barge, ferry, or other commercial the Port or his or her designated rep- vessel is conducting transfer oper- resentative. ations at a waterfront heliport, the 25- [CGD01–02–132, 68 FR 2890, Jan. 22, 2003, as yard zone is measured from the out- amended by CGD01–03–036, 69 FR 2670, Jan. 20, board side of the commercial vessel. 2004; CGD01–03–020, 69 FR 23306, June 15, 2004; (ii) Regulations. (A) Vessels not ac- USCG–2008–0179, 73 FR 35017, June 19, 2008; tively engaged in passenger, cargo, pro- USCG–2007–0074, 74 FR 7191, Feb. 13, 2009]

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§ 165.170 Safety Zone: Triathlon, Ulster Coast Guard District Local Notice to Landing, Hudson River, NY. Mariners can be found at: http:// (a) Regulated area. The following area www.navcen.uscg.gov/. The Sector is a safety zone: All waters of the Hud- Northern New England Marine Events son River, in the vicinity of Ulster schedule can also be viewed electroni- Landing, bound by the following cally at: www.homeport.uscg.mil. points: 42°00′03.7″ N, 073°56′43.1″ W; NOTE TO INTRODUCTORY PARAGRAPH OF thence to 41°59′52.5″ N, 073°56′34.2″ W; § 165.171: Although listed in the Code of Fed- thence to 42°00′15.1″ N, 073°56′25.2″ W; eral Regulations, sponsors of events listed in thence to 42°00′05.4″ N, 073°56′41.9″ W the Table to § 165.171 shall submit an application each year in accordance with 33 CFR (NAD 1983); thence along the shoreline 100.15. to the point of beginning. (a) The Coast Guard may patrol each (b) Effective period. This section is in event area under the direction of a des- effect annually from 6 a.m. until 9 a.m. ignated Coast Guard Patrol Com- on the first Sunday after July 4th. mander. The Patrol Commander may (c) Regulations. (1) The general regu- be contacted on Channel 16 VHF–FM lations contained in 33 CFR 165.23 (156.8 MHz) by the call sign apply. ‘‘PATCOM.’’ The ‘‘official patrol ves- (2) No vessels will be allowed to tran- sels’’ may consist of any Coast Guard, sit the safety zone without the permis- Coast Guard Auxiliary, state, or local sion of the Captain of the Port, New York. law enforcement vessels assigned or ap- (3) All persons and vessels shall com- proved by the Captain of the Port, Sec- ply with the instructions of the Coast tor Northern New England. Guard Captain of the Port or the des- (b) Vessels may not transit the regu- ignated on-scene patrol personnel. lated areas without Patrol Commander These personnel comprise commis- approval. Vessels permitted to transit sioned, warrant, and petty officers of must operate at a no wake speed, in a the Coast Guard. Upon being hailed by manner which will not endanger par- a U.S. Coast Guard vessel by siren, ticipants or other crafts in the event. radio, flashing light, or other means, (c) Spectators or other vessels shall the operator of a vessel shall proceed not anchor, block, loiter, or impede the as directed. movement of event participants or official patrol vessels in the regulated [CGD01–00–248, 66 FR 29486, May 31, 2001] areas during the effective dates and § 165.171 Safety Zones for fireworks times, or dates and times as modified displays held in Coast Guard Sector through the Local Notice to Mariners, Northern New England Captain of unless authorized by an official patrol the Port Zone. vessel. The Coast Guard is establishing safe- (d) The Patrol Commander may con- ty zones for the fireworks displays list- trol the movement of all vessels in the ed in the Table to § 165.171. These regu- regulated area. When hailed or signaled lations will be enforced for the dura- by an official patrol vessel, a vessel tion of each event, on or about the shall come to an immediate stop and dates indicated in the Table to § 165.171. comply with the lawful directions Annual notice of the exact dates and issued. Failure to comply with a lawful times of the effective period of the reg- direction may result in expulsion from ulations with respect to each firework the area, citation for failure to comply, displays, the geographical description or both. of each regulated area, and details con- (e) The Patrol Commander may delay cerning the nature of the event and the or terminate any event in this subpart number of participants and type(s) of at any time to assure safety. Such ac- vessels involved will be published in a tion may be justified as a result of Notice of Enforcement in the Federal weather, traffic density, spectator op- Register and in Local Notices to Mari- eration or participant behavior. ners. Mariners should consult the FED- (f) For all swim events listed, vessels ERAL REGISTER and their Local Notice not associated with the event shall to Mariners to remain apprised of maintain a separation zone of 200 feet minor schedule or event changes. First from participating swimmers.

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(g) For all fireworks displays listed site for each fireworks display, unless below, the regulated area is that area modified in USCG District 1 Local No- of navigable waters within a 350 yard tice to Mariners at: http:// radius of the launch platform or launch www.navcen.uscg.gov/.

TABLE TO SEC. 165.171

6.0 JUNE

6.1 Windjammer Days Fireworks ...... • Event Type: Fireworks Display. • Sponsor: Boothbay Harbor Region Chamber of Commerce. • Date: One night event on Wednesday during the last week of June, as specified in the USCG District 1 Local Notice to Mariners at: www.navcen.uscg.gov/ ?pageName=lnmDistrict®ion=1 • Time: 8:00 pm to 10:30 pm. • Location: In the vicinity of McFarland Island, Boothbay Harbor, Maine in approximate position: 43° 50′38″ N, 069° 37′57″ W (NAD 83).

7.0 JULY

7.1 Burlington Independence Day Fire- • Event Type: Firework Display. works. • Sponsor: City of Burlington, Vermont. • Date: July 3rd, as specified in the USCG District 1 Local Notice to Mariners. • Time: 9:00 pm to 11:00 pm. • Location: From a barge in the vicinity of Burlington Harbor, Burlington, Vermont in approximate position: 44° 28′31″ N, 073° 13′31″ W (NAD 83).

7.2 Camden 3rd of July Fireworks ...... • Event Type: Fireworks Display. • Sponsor: Camden, Rockport, Lincolnville Chamber of Commerce. • Date: July 3rd, as specified in the USCG District 1 Local Notice to Mariners. • Time: 8:00 pm to 10:00 pm. • Location: In the vicinity of Hampton Beach, New Hampshire in approximate position: 44° 12′32″ N, 069° 02′58″ W (NAD 83).

7.3 Bangor 4th of July Fireworks ...... • Event Type: Fireworks Display. • Sponsor: Bangor 4th of July Fireworks. • Date: July 4th, as specified in the USCG District 1 Local Notice to Mariners. • Time: 8:00 pm to 10:30 pm. • Location: In the vicinity of the Bangor Waterfront, Bangor, Maine in approximate position: 44° 47′27″ N, 068° 46′31″ W (NAD 83).

7.4 Bar Harbor 4th of July Fireworks ...... • Event Type: Fireworks Display. • Sponsor: Bar Harbor Chamber of Commerce. • Date: July 4th, as specified in the USCG District 1 Local Notice to Mariners. • Time: 8:00 pm to 10:30 pm. • Location: In the vicinity of Bar Harbor Town Pier, Bar Harbor, Maine in approximate position: 44° 23′31″ N, 068° 12′15″ W (NAD 83).

7.5 Boothbay Harbor 4th of July Fire- • Event Type: Fireworks Display. works. • Sponsor: Town of Boothbay Harbor. • Date: July 4th, as specified in the USCG District 1 Local Notice to Mariners. • Time: 8:00 pm to 10:30 pm. • Location: In the vicinity of McFarland Island, Boothbay Harbor, Maine in approximate position: 43° 50′38″ N, 069° 37′57″ W (NAD 83).

7.6 Colchester 4th of July Fireworks ...... • Event Type: Fireworks Display. • Sponsor: Town of Colchester, Recreation Department. • Date: July 4th, as specified in the USCG District 1 Local Notice to Mariners. • Time: 8:00 pm to 10:00 pm. • Location: In the vicinity of Bayside Beach and Mallets Bay in Colchester, Vermont at approximate position: 44° 32′44″ N, 073° 13′10″ W (NAD 83).

7.7 Eastport 4th of July Fireworks ...... • Event Type: Fireworks Display. • Sponsor: Eastport 4th of July Committee. • Date: July 4th, as specified in the USCG District 1 Local Notice to Mariners. • Time: 9:00 pm to 9:30 pm.

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TABLE TO SEC. 165.171—Continued

6.0 JUNE

• Location: From the Waterfront Public Pier in Eastport, Maine at approximate position: 44° 54′25″ N, 066° 58′55″ W (NAD 83).

7.8 Hampton Beach 4th of July Fireworks • Event Type: Fireworks Display. • Sponsor: Hampton Beach Village District. • Date: July 4th, as specified in the USCG District 1 Local Notice to Mariners. • Time: 8:30 pm to 11:00 pm. • Location: In the vicinity of Hampton Beach, New Hampshire in approximate position: 42° 54′40″ N, 070° 48′31″ W (NAD 83).

7.9 Jonesport 4th of July Fireworks ...... • Event Type: Fireworks Display. • Sponsor: Jonesport 4th of July Committee. • Date: July 4th, as specified in the USCG District 1 Local Notice to Mariners. • Time: 9:30 pm to 10:00 pm. • Location: In the vicinity of Beals Island, Jonesport, Maine in approximate position: 44° 31′18″ N, 067° 36′43″ W (NAD 83).

7.10 Main Street Heritage Days 4th of • Event Type: Fireworks Display. July Fireworks. • Sponsor: Main Street Inc. • Date: July 4th, as specified in the USCG District 1 Local Notice to Mariners. • Time: 8:00 pm to 10:30 pm. • Location: In the vicinity of Reed and Reed Boat Yard, Woolwich, Maine in approximate position: 43° 54′56″ N, 069° 48′16″ W (NAD 83).

7.11 Portland Harbor 4th of July Fire- • Event Type: Fireworks Display. works. • Sponsor: Department of Parks and Recreation, Portland, Maine. • Date: July 4th, as specified in the USCG District 1 Local Notice to Mariners. • Time: 8:30 pm to 10:30 pm. • Location: In the vicinity of East End Beach, Portland, Maine in approximate position: 43° 40′16″ N, 070° 14′44″ W (NAD 83).

7.12 St. Albans Day Fireworks ...... • Event Type: Fireworks Display. • Sponsor: St. Albans Area Chamber of Commerce. • Date: July 4th, as specified in the USCG District 1 Local Notice to Mariners. • Time: 9:00 pm to 10:00 pm. • Location: From the St. Albans Bay dock in St. Albans Bay, Vermont in the approximate position: 44° 48′25″ N, 073° 08′23″ W (NAD 83).

7.13 Stonington 4th of July Fireworks ...... • Event Type: Fireworks Display. • Sponsor: Deer Isle—Stonington Chamber of Commerce. • Date: July 4th, as specified in the USCG District 1 Local Notice to Mariners. • Time: 8:00 pm to 10:30 pm. • Location: In the vicinity of Two Bush Island, Stonington, Maine in approximate position: 44° 08′57″ N, 068° 39′54″ W (NAD 83).

7.14 Urban/EPIC Triathlon ...... • Event Type: Swim Event. • Sponsor: Tri-Maine Productions. • Date: A one day event on Saturday during the second week of July, as specified in the USCG District 1 Local Notice to Mariners. • Time: 7:00 am to 11:00 am. • Location: The regulated area includes all waters of Portland Harbor in the vicinity of East End Beach in Portland, Maine within the following points (NAD 83): 43° 40′00″ N 070° 14′20″ W. 43° 40′00″ N 070° 14′00″ W. 43° 40′15″ N 070° 14′29″ W. 43° 40′17″ N 070° 13′22″ W.

7.15 Tri for a Cure Swim Clinics ...... • Event Type: Swim Event. • Sponsor: Maine Cancer Foundation. • Date: A two day event held on third Sunday and Thursday in July, as specified in the USCG District 1 Local Notice to Mariners. • Time: 12:30 pm to 7:30 pm. • Location: The regulated area includes all waters of Portland Harbor, Maine in the vicinity of Spring Point Light within the following points (NAD 83):

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TABLE TO SEC. 165.171—Continued

6.0 JUNE

43° 39′01″ N 070° 13′32″ W. 43° 39′07″ N 070° 13′29″ W. 43° 39′06″ N 070° 13′41″ W. 43° 39′01″ N 070° 13′36″ W.

7.16 Richmond Days Fireworks ...... • Event Type: Fireworks Display. • Sponsor: Town of Richmond, Maine. • Date: A one day event on Saturday during the fourth weekend of July, as specified in the USCG District 1 Local Notice to Mariners. • Time: 8:00 pm to 10:00 pm. • Location: From a barge in the vicinity of the inner harbor, Tenants Harbor, Maine in approximate position: 44° 08′42″ N, 068° 27′06″ W (NAD83).

7.17 Colchester Triathlon ...... • Event Type: Swim Event. • Sponsor: Colchester Parks and Recreation Department. • Date: A one day event on Wednesday during the last week of July, as specified in the USCG District 1 Local Notice to Mariners. • Time: 7:00 am to 11:00 am. • Location: The regulated area includes all waters of Malletts Bay on Lake Cham- plain, Vermont within the following points (NAD 83): 44° 32′18″ N 073° 12′35″ W. 44° 32′28″ N 073° 12′56″ W. 44° 32′57″ N 073° 12′38″ W.

7.18 Peaks to Portland Swim ...... • Event Type: Swim Event. • Sponsor: Cumberland County YMCA. • Date: A one day event on Saturday during the last week of July, as specified in the USCG District 1 Local Notice to Mariners. • Time: 5:00 am to 1:00 pm. • Location: The regulated area includes all waters of Portland Harbor between Peaks Island and East End Beach in Portland, Maine within the following points (NAD 83): 43° 39′20″ N 070° 11′58″ W. 43° 39′45″ N 070° 13′19″ W. 43° 40′11″ N 070° 14′13″ W. 43° 40′08″ N 070° 14′29″ W. 43° 40′00″ N 070° 14′23″ W. 43° 39′34″ N 070° 13′31″ W. 43° 39′13″ N 070° 11′59″ W.

8.0 AUGUST

8.1 Sprucewold Cabbage Island Swim .... • Event Type: Swim Event. • Sponsor: Sprucewold Association. • Date: A one day event on Saturday during the first week of August, as specified in the USCG District 1 Local Notice to Mariners. • Time: 1:00 pm to 6:00 pm. • Location: The regulated area includes all waters of Linekin Bay between Cab- bage Island and Sprucewold Beach in Boothbay Harbor, Maine within the following points (NAD 83): 43° 50′37″ N 069° 36′23″ W. 43° 50′37″ N 069° 36′59″ W. 43° 50′16″ N 069° 36′46″ W. 43° 50′22″ N 069° 36′21″ W.

8.2 Westerlund’s Landing Party Fireworks • Event Type: Fireworks Display. • Sponsor: Portside Marina. • Date: A one day event on Saturday during the first weekend of August, as specified in the USCG District 1 Local Notice to Mariners. • Time: 8:00 pm to 10:30 pm. • Location: In the vicinity of Westerlund’s Landing in South Gardiner, Maine in approximate position: 44° 10′19″ N, 069° 45′24″ W (NAD 83).

8.3 Y–Tri Triathlon ...... • Event Type: Swim Event. • Sponsor: Plattsburgh YMCA. • Date: A one day event on Saturday during the first week of August, as specified in the USCG District 1 Local Notice to Mariners. • Time: 9:00 am to 10:00 am. • Location: The regulated area includes all waters of Treadwell Bay on Lake Champlain in the vicinity of Point Au Roche State Park, Plattsburgh, New York within the following points (NAD 83):

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TABLE TO SEC. 165.171—Continued

6.0 JUNE

44° 46′30″ N 073° 23′26″ W. 44° 46′17″ N 073° 23′26″ W. 44° 46′17″ N 073° 23′46″ W. 44° 46′29″ N 073° 23′46″ W.

8.4 Greater Burlington YMCA Lake Swim • Event Type: Swim Event. • Sponsor: Greater Burlington YMCA. • Date: A one day event on Saturday during the second week of August, as specified in the USCG District 1 Local Notice to Mariners. • Time: 8:00 am to 6:00 pm. • Location: The regulated area includes all waters in Lake Champlain in the vicinity of North Hero Island within the following points (NAD 83): 44° 46′55″ N 073° 22′14″ W. 44° 47′08″ N 073° 19′05″ W. 44° 46′48″ N 073° 17′13″ W. 44° 46′10″ N 073° 16′39″ W. 44° 41′08″ N 073° 20′58″ W. 44° 41′36″ N 073° 23′01″ W.

8.5 Tri for a Cure Triathlon ...... • Event Type: Swim Event. • Sponsor: Maine Cancer Foundation. • Date: A one day event on the second Sunday in August, as specified in the USCG District 1 Local Notice to Mariners. • Time: 12:30 pm to 4:30 pm. • Location: The regulated area includes all waters of Portland Harbor, Maine in the vicinity of Spring Point Light within the following points (NAD 83): 43° 39′01″ N 070° 13′32″ W. 43° 39′07″ N 070° 13′29″ W. 43° 39′06″ N 070° 13′41″ W. 43° 39′01″ N 070° 13′36″ W.

8.6 Tri for a Cure Swim Clinics ...... • Event Type: Swim Event. • Sponsor: Maine Cancer Foundation. • Date: A two day event held on the first and second Saturday in August, as specified in the USCG District 1 Local Notice to Mariners. • Time: 8:30 am to 11:30 am. • Location: The regulated area includes all waters of Portland Harbor, Maine in the vicinity of Spring Point Light within the following points (NAD 83): 43° 39′01″ N 070° 13′32″ W. 43° 39′07″ N 070° 13′29″ W. 43° 39′06″ N 070° 13′41″ W. 43° 39′01″ N 070° 13′36″ W.

8.7 Rockland Breakwater Swim ...... • Event Type: Swim Event. • Sponsor: Pen-Bay Masters. • Date: A one day event on Saturday during the fourth week of August, as specified in the USCG District 1 Local Notice to Mariners. • Time: 7:30 am to 1:30 pm. • Location: The regulated area includes all waters of Rockland Harbor, Maine in the vicinity of Jameson Point within the following points (NAD 83): 44° 06′16″ N 069° 04′39″ W. 44° 06′13″ N 069° 04′36″ W. 44° 06′12″ N 069° 04′43″ W. 44° 06′17″ N 069° 04′44″ W. 44° 06′18″ N 069° 04′40″ W.

9.0 SEPTEMBER

9.1 Windjammer Weekend Fireworks ...... • Event Type: Fireworks Display. • Sponsor: Town of Camden, Maine. • Date: A one day event on Friday during the first weekend of September, as specified in the USCG District 1 Local Notice to Mariners. • Time: 8:00 pm to 9:30 pm. • Location: From a barge in the vicinity of Northeast Point, Camden Harbor, Maine in approximate position: 44° 12′10″ N, 069° 03′11″ W (NAD 83).

9.2 The Lobsterman Triathlon ...... • Event Type: Swim Event. • Sponsor: Tri-Maine Productions. • Date: A one day swim event on Saturday during the second weekend of Sep- tember, as specified in the USCG District 1 Local Notice to Mariners. • Time: 8:00 am to 11:00 am.

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TABLE TO SEC. 165.171—Continued

6.0 JUNE

• Location: The regulated area includes all waters in the vicinity of Winslow Park in South Freeport, Maine within the following points (NAD 83): 43° 47′59″ N 070° 06′56″ W. 43° 47′44″ N 070° 06′56″ W. 43° 47′44″ N 070° 07′27″ W. 43° 47′57″ N 070° 07′27″ W.

9.3 Burlington Triathlon ...... • Event Type: Swim Event. • Sponsor: Race Vermont. • Date: A one day swim event on Sunday during the second weekend of Sep- tember, as specified in the USCG District 1 Local Notice to Mariners. • Time: 7:00 am to 10:00 am. • Location: The regulated area includes all waters in the vicinity of North Beach, Burlington, Vermont within the following points (NAD 83): 44° 29′31″ N 073° 14′22″ W. 44° 29′12″ N 073° 14′14″ W. 44° 29′17″ N 073° 14′34″ W.

9.4 Eliot Festival Day Fireworks ...... • Event Type: Fireworks Display. • Sponsor: Eliot Festival Day Committee. • Date: A one day event on Saturday during the fourth weekend of September, as specified in the USCG District 1 Local Notice to Mariners. • Time: 8:00 pm to 10:30 pm. • Location: In the vicinity of Eliot Town Boat Launch, Eliot, Maine in approximate position: 43° 08′56″ N, 070° 49′52″ W (NAD 83).

[USCG–2010–0110, 76 FR 17537, Mar. 30, 2011] ter via VHF Channel 16 or by phone at (718) 354–4353 to request permission. § 165.172 Safety Zone; Underwater (5) Vessel operators given permission Hazard, Gravesend Bay, Brooklyn, to enter or operate in the safety zone NY. must comply with all directions given (a) Location. The following area is a to them by the COTP New York or the safety zone: All navigable waters of on-scene representative. Gravesend Bay within a 110-yard radius of a point in position 40°36′30″ N, [USCG–2010–1091, 76 FR 31234, May 31, 2011] ° ′ ″ 074 02 14 W (NAD 83), approximately 70- § 165.202 [Reserved] yards southeast of the Verrazano Bridge Brooklyn tower. FIFTH COAST GUARD DISTRICT (b) Regulations. (1) The general regulations contained in 33 CFR 165.23 § 165.500 Safety/Security Zones; Chesa- apply. peake Bay, Maryland. (2) Entering into, transiting through, (a) Definitions. (1) Certain Dangerous diving, dredging, dumping, fishing, Cargo (CDC) means a material defined trawling, conducting salvage oper- in 33 CFR part 160. ations, remaining within or anchoring (2) Liquefied Hazardous Gas (LHG) within this safety zone is prohibited means a material defined in 33 CFR unless authorized by the Captain of the part 127. Port (COTP) New York or the des- (3) Liquefied Natural Gas (LNG) ignated on-scene representative. means a material defined in 33 CFR (3) The ‘‘designated on-scene rep- part 127. resentative’’ is any Coast Guard com- (4) Cruise ship means a vessel defined missioned, warrant, or petty officer as a ‘‘passenger vessel’’ in 46 U.S.C. 2101 who has been designated by the COTP (22). New York. (b) Location. The following areas are (4) Vessel operators desiring to enter a safety/security zone: All waters of or operate within the safety zone may the Chesapeake Bay and its tributaries, contact the COTP New York or the des- from surface to bottom, within a 500 ignated representative at the Coast yard radius around cruise ships and Guard Sector New York Command Cen- vessels transporting CDC, LNG, or LHG

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while transiting, anchored, or moored mark and eastward of the Colregs De- within the COTP Baltimore zone. marcation Line across Rudee Inlet to (c) Regulations. (1) The COTP will no- the point of beginning. All positions tify the maritime community of af- reference NAD 83. fected vessels and the periods during (2) Inland zone. The waters enclosed which the safety/security zones will be by the shoreline and the following enforced by providing notice to mari- lines: ners in accordance with 33 CFR 165.7. (i) A line drawn across the entrance (2) Entry into or remaining in this to Chesapeake Bay between Wise Point zone is prohibited unless authorized by and Cape Charles Light, and then con- the Coast Guard COTP, Baltimore, tinuing to Cape Henry Light. Maryland or his designated representa- (ii) A line drawn across the Chesa- tive. peake Bay between Old Point Comfort (3) Persons desiring to transit the Light and Cape Charles City Range area of the security zone may contact ‘‘A’’ Rear Light. the COTP at telephone number 410–576– (iii) A line drawn across the James 2693 or on VHF channel 16 (156.8 MHz) River along the eastern side of U.S. to seek permission to transit the area. Route 17 highway bridge, between New- If permission is granted, all persons port News and Isle of Wight County, and vessels must comply with the in- Virginia. structions of the COTP or his or her (iv) A line drawn across Chuckatuck designated representative. Creek along the northern side of the (d) Authority. In addition to 33 U.S.C. north span of the U.S. Route 17 high- 1231, the authority for this section in- way bridge, between Isle of Wight cludes 50 U.S.C. 191. County and Suffolk, Virginia. [CDG05–03–008, 68 FR 43311, July 22, 2003] (v) A line drawn across the Nansemond River along the northern § 165.501 Chesapeake Bay entrance side of the Mills Godwin (U.S. Route 17) and Hampton Roads, VA and adja- Bridge, Suffolk, Virginia. cent waters—Regulated Navigation Area. (vi) A line drawn across the mouth of Bennetts Creek, Suffolk, Virginia. (a) Location. The waters enclosed by (vii) A line drawn across the Western the shoreline and the following lines Branch of the Elizabeth River along are a Regulated Navigation Area: the eastern side of the West Norfolk (1) Offshore zone. A line drawn due Bridge, Portsmouth, Virginia. East from the mean low water mark at the North Carolina and Virginia border (viii) A line drawn across the South- at latitude 36°33′03″ N, longitude ern Branch of the Elizabeth River 75°52′00″ W, to the Territorial Seas along the northern side of the I–64 boundary line at latitude 36°33′05″ N, highway bridge, Chesapeake, Virginia. longitude 75°36′51″ W, thence generally (ix) A line drawn across the Eastern Northeastward along the Territorial Branch of the Elizabeth River along Seas boundary line to latitude 38°01′39″ the western side of the west span of the N, longitude 74°57′18″ W, thence due Campostella Bridge, Norfolk, Virginia. West to the mean low water mark at (x) A line drawn across the Lafayette the Maryland and Virginia border at River along the western side of the latitude 38°01′39″ N, longitude 75°14′30″ Hampton Boulevard Bridge, Norfolk, W, thence South along the mean low Virginia. water mark on the Virginia coast, and (xi) A line drawn across Little Creek eastward of the Colregs Demarcation along the eastern side of the Ocean Lines across Chincoteague Inlet, View Avenue (U.S. Route 60) Bridge, Assawoman Inlet, Gargathy Inlet, Norfolk, Virginia. Metompkin Inlet, Wachapreague Inlet, (xii) A line drawn across Lynnhaven Quinby Inlet, Great Machipongo Inlet, Inlet along the northern side of Shore Sand Shoal Inlet, New Inlet, Ship Drive (U.S. Route 60) Bridge, Virginia Shoal Inlet and Little Inlet, to the Beach, Virginia. Colregs Demarcation Line across the (b) Definitions. In this section: mouth of Chesapeake Bay, continuing CBBT means the Chesapeake Bay south along the Virginia low water Bridge Tunnel.

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Coast Guard Patrol Commander is a (3) Surveying, maintenance, or im- Coast Guard commissioned, warrant or provement of waters in the Regulated petty officer who has been designated Navigation Area. by the Commander, Coast Guard Sector (d) Regulations—(1) Anchoring restric- Hampton Roads. tions. No vessel over 65 feet long may Designated representative of the Cap- anchor or moor in the inland waters of tain of the Port means a person, includ- the Regulated Navigation Area outside ing the duty officer at the Coast Guard an anchorage designated in § 110.168 of Sector Hampton Roads, the Joint Har- this title, with these exceptions: bor Operations Center watchstander, or (i) The vessel has the permission of the Coast Guard or Navy Patrol Com- the Captain of the Port. mander who has been authorized by the (ii) Only in an emergency, when un- Captain of the Port to act on his or her able to proceed without endangering behalf and at his or her request to the safety of persons, property, or the carry out such orders and directions as environment, may a vessel anchor in a needed. All patrol vessels shall display channel. the Coast Guard Ensign at all times (iii) A vessel may not anchor within when underway. the confines of Little Creek Harbor, I–664 Bridge Tunnel means the Mon- Desert Cove, or Little Creek Cove with- itor Merrimac Bridge Tunnel. out the permission of the Captain of Inland waters means waters within the Port. The Captain of the Port shall the COLREGS Line of Demarcation. consult with the Commander, Naval Thimble Shoal Channel consists of the Amphibious Base Little Creek, before waters bounded by a line connecting granting permission to anchor within Thimble Shoal Channel Lighted Bell this area. Buoy 1TS, thence to Thimble Shoal (2) Anchoring detail requirements. A Lighted Gong Buoy 17, thence to Thim- self-propelled vessel over 100 gross ble Shoal Lighted Buoy 19, thence to tons, which is equipped with an anchor Thimble Shoal Lighted Buoy 21, thence or anchors (other than a tugboat to Thimble Shoal Lighted Buoy 22, equipped with bow fenderwork of a thence to Thimble Shoal Lighted Buoy type of construction that prevents an 18, thence to Thimble Shoal Lighted anchor being rigged for quick release), Buoy 2, thence to the beginning. that is underway within two nautical Thimble Shoal North Auxiliary Channel miles of the CBBT or the I–664 Bridge consists of the waters in a rectangular Tunnel shall station its personnel at area 450 feet wide adjacent to the north locations on the vessel from which side of Thimble Shoal Channel, the they can anchor the vessel without southern boundary of which extends delay in an emergency. from Thimble Shoal Channel Lighted (3) Secondary towing rig requirements Buoy 2 to Thimble Shoal Lighted Buoy on inland waters. (i) A vessel over 100 18. gross tons may not be towed in the in- Thimble Shoal South Auxiliary Channel land waters of the Regulated Naviga- consists of the waters in a rectangular tion Area unless it is equipped with a area 450 feet wide adjacent to the south secondary towing rig, in addition to its side of Thimble Shoal Channel, the primary towing rig, that: northern boundary of which extends (A) Is of sufficient strength for tow- from Thimble Shoal Channel Lighted ing the vessel. Bell Buoy 1TS, thence to Thimble (B) Has a connecting device that can Shoal Lighted Gong Buoy 17, thence to receive a shackle pin of at least two Thimble Shoal Lighted Buoy 19, thence inches in diameter. to Thimble Shoal Lighted Buoy 21. (C) Is fitted with a recovery pickup (c) Applicability. This section applies line led outboard of the vessel’s hull. to all vessels operating within the Reg- (ii) A tow consisting of two or more ulated Navigation Area, including vessels, each of which is less than 100 naval and public vessels, except vessels gross tons, that has a total gross ton- that are engaged in the following oper- nage that is over 100 gross tons, shall ations: be equipped with a secondary towing (1) Law enforcement. rig between each vessel in the tow, in (2) Servicing aids to navigation. addition to its primary towing rigs,

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while the tow is operating within this (ii) An operative radar during periods Regulated Navigation Area. The sec- of reduced visibility; ondary towing rig must: (iii) When in inland waters, a pilot or (A) Be of sufficient strength for tow- other person on board with previous ex- ing the vessels. perience navigating vessels on the (B) Have connecting devices that can waters of the Regulated Navigation receive a shackle pin of at least two Area. inches in diameter. (7) Emergency procedures. (i) Except as (C) Be fitted with recovery pickup provided in paragraph (d)(7)(ii) of this lines led outboard of the vessel’s hull. section, in an emergency any vessel (4) Thimble Shoals Channel controls. (i) may deviate from the regulations in A vessel drawing less than 25 feet may this section to the extent necessary to not enter the Thimble Shoal Channel, avoid endangering the safety of persons, property, or the environment. unless the vessel is crossing the chan- (ii) A vessel over 100 gross tons with nel. Masters should consider the squat an emergency that is located within of their vessel based upon vessel design two nautical miles of the CBBT or I–664 and environmental conditions. Channel Bridge Tunnel shall notify the Captain crossings shall be made as perpen- of the Port of its location and the na- dicular to the channel axis as possible. ture of the emergency, as soon as pos- (ii) Except when crossing the chan- sible. nel, a vessel in the Thimble Shoal (8) Vessel speed limits—(i) Little Creek. North Auxiliary Channel shall proceed A vessel may not proceed at a speed in a westbound direction. over five knots between the Route 60 (iii) Except when crossing the chan- bridge and the mouth of Fishermans nel, a vessel in the Thimble Shoal Cove (Northwest Branch of Little South Auxiliary Channel shall proceed Creek). in an eastbound direction. (ii) Southern Branch of the Elizabeth (5) Restrictions on vessels with impaired River. A vessel may not proceed at a maneuverability—(i) Before entry. A ves- speed over six knots between the junc- sel over 100 gross tons, whose ability to tion of the Southern and Eastern maneuver is impaired by heavy weath- Branches of the Elizabeth River and er, defective steering equipment, defec- the Norfolk and Portsmouth Belt Line tive main propulsion machinery, or Railroad Bridge between Chesapeake other damage, may not enter the Regu- and Portsmouth, Virginia. lated Navigation Area without the per- (iii) Norfolk Harbor Reach. Nonpublic mission of the Captain of the Port. vessels of 300 gross tons or more may (ii) After entry. A vessel over 100 gross not proceed at a speed over 10 knots be- tons, which is underway in the Regu- tween the Elizabeth River Channel lated Navigation Area, that has its Lighted Gong Buoy 5 of Norfolk Harbor ability to maneuver become impaired Reach (southwest of Sewells Point) at for any reason, shall, as soon as pos- approximately 36°58′00″ N, 076°20′00″ W, sible, report the impairment to the and gated Elizabeth River Channel Captain of the Port. Lighted Buoys 17 and 18 of Craney Is- (6) Requirements for navigation charts, land Reach (southwest of Norfolk radars, and pilots. No vessel over 100 International Terminal at approxi- gross tons may enter the Regulated mately 36°54′17″ N, and 076°20′11″ W. Navigation Area, unless it has on (9) Port security requirements. Vessels board: in excess of 300 gross tons, including (i) Corrected charts of the Regulated tug and barge combinations in excess Navigation Area. Instead of corrected of 300 gross tons (combined), shall not paper charts, warships or other vessels enter the Regulated Navigation Area, owned, leased, or operated by the move within the Regulated Navigation United States Government and used Area, or be present within the Regu- only in government noncommercial lated Navigation Area, unless they service may carry electronic charting comply with the following require- and navigation systems that have met ments: the applicable agency regulations re- (i) Obtain authorization to enter the garding navigation safety. Regulated Navigation Area from the

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designated representative of the Cap- § 165.502 Safety and Security Zone; tain of the Port prior to entry. All ves- Cove Point Liquefied Natural Gas sels entering or remaining in the Regu- Terminal, Chesapeake Bay, Mary- lated Navigation Area may be subject land. to a Coast Guard boarding. (a) Location. The following area is a (ii) Ensure that no person who is not safety and security zone: All waters of a permanent member of the vessel’s the Chesapeake Bay, from surface to crew, or a member of a Coast Guard bottom, encompassed by lines con- boarding team, boards the vessel with- necting the following points, beginning out a valid purpose and photo identi- at 38°24′27″ N, 76°23′42″ W, thence to ° ′ ″ ° ′ ″ fication. 38 24 44 N, 76 23 11 W, thence to ° ′ ″ ° ′ ″ (iii) Report any departure from or 38 23 55 N, 76 22 27 W, thence to 38°23′37″ N, 76°22′58″ W, thence to begin- movement within the Regulated Navi- ning at 38°24′27″ N, 76°23′42″ W. These gation Area to the designated rep- coordinates are based upon North resentative of the Captain of the Port American Datum (NAD) 1983. This area prior to getting underway. is 500 yards in all directions from the (iv) The designated representative of Cove Point LNG terminal structure. the Captain of the Port is the Sector (b) Regulations. (1) In accordance with Command Center (SCC)—Joint Harbor the general regulations in §§ 165.23 and Operations Center (JHOC) which shall 165.33 of this part, entry into or move- be contacted on VHF–FM channel 12, or ment within this zone is prohibited un- by calling (757) 668–5555. less authorized by the Coast Guard (v) In addition to the authorities list- Captain of the Port, Baltimore, Mary- ed in this part, this paragraph is pro- land or his designated representative. mulgated under the authority under 33 Designated representatives include any U.S.C. 1226. Coast Guard commissioned, warrant, or (e) Waivers. (1) The Captain of the petty officer. Port may, upon request, waive any reg- (2) Persons desiring to transit the ulation in this section. area of the zone may contact the Cap- (2) An application for a waiver must tain of the Port at telephone number state the need for the waiver and de- (410) 576–2693 or via VHF Marine Band scribe the proposed vessel operations. Radio Channel 16 (156.8 MHz) to seek permission to transit the area. If per- (f) Control of vessels within the regu- mission is granted, all persons and ves- lated navigation area. (1) When nec- sels must comply with the instructions essary to prevent damage, destruction of the Captain of the Port or his des- or loss of any vessel, facility or port in- ignated representative. frastructure, the Captain of the Port (c) Enforcement. The U.S. Coast Guard may direct the movement of vessels or may be assisted in the patrol and en- issue orders requiring vessels to anchor forcement of the zone by Federal, or moor in specific locations. State, local, and private agencies. (2) If needed for the maritime, commercial or security interests of the [CGD05–03–023, 68 FR 75133, Dec. 30, 2003] United States, the Captain of the Port § 165.503 Security Zone; Captain of the may order a vessel to move from the Port Hampton Roads Zone. location in which it is anchored to an- (a) As used in this sec- other location within the Regulated Definitions. tion— Navigation Area. Certain dangerous cargo or CDC means (3) The master of a vessel within the a material defined as CDC in 33 CFR Regulated Navigation Area shall com- 160.204. ply with any orders or directions issued Designated Representative of the Cap- to the master’s vessel by the Captain of tain of the Port is any U.S. Coast the Port. Guard commissioned, warrant or petty [CGD05–02–099, 68 FR 35175, June 12, 2003, as officer who has been authorized by the amended by USCG–2006–25150, 71 FR 39211, Captain of the Port (COTP), Hampton July 12, 2006] Roads, Virginia to act on his or her behalf.

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Passenger vessel means a vessel de- § 165.504 Newport News Shipbuilding fined as a passenger vessel in 46 CFR and Dry Dock Company Shipyard, part 70. James River, Newport News, Va. (b) Location. All navigable waters of (a) Location. The following is a secu- the Captain of the Port Hampton rity zone: The waters of the James Roads zone (defined in 33 CFR 3.25–10) River encompassed by a line beginning within 500 yards around a passenger at the intersection of the shoreline vessel or vessel carrying a CDC, while with the northernmost property line of the passenger vessel or vessel carrying the Newport News Shipbuilding and CDC is transiting, moored or anchored. Dry Dock Co. at latitude 37°00′38.1″ N, (c) Regulations. (1) No vessel may ap- longitude 76°27′05.7″ W, thence south- proach within 500 yards of a passenger erly to latitude 36°59′58.4″ N, longitude vessel or vessel carrying a CDC within 76°27′16.7″ W, thence southeasterly to the Captain of the Port Hampton latitude 36°59′23.0″ N, longitude Roads zone, unless traveling at the 76°26′54.6″ W, thence westerly to lati- minimum speed necessary to navigate tude 36°59′21.5″ N, longitude 76°26′58.4″ safely. W, thence southeasterly to latitude ° ′ ″ ° ′ ″ (2) Under § 165.33, no vessel or person 36 59 12.9 N, longitude 76 26 52.4 W, ° ′ ″ may approach within 100 yards of a thence easterly to latitude 36 59 14.2 N, longitude 76°26′49.1″ W, thence south- passenger vessel or vessel carrying a easterly to latitude 36°58′37.8″ N, lon- CDC within the Captain of the Port gitude 76°26′26.3″ W, thence easterly to Hampton Roads zone, unless authorized latitude 36°58′43.5″ N, longitude by the COTP Hampton Roads or his or 76°26′13.7″ W, thence northerly to the her designated representative. intersection of the shoreline with the (3) The COTP Hampton Roads may southernmost property line of the New- notify the maritime and general public port News Shipbuilding and Dry Dock by marine information broadcast of the Co. at latitude 36°58′48.0″ N, longitude periods during which individual secu- 76°26′11.2″ W, thence northwesterly rity zones have been activated by pro- along the shoreline to the point of be- viding notice in accordance with 33 ginning. CFR 165.7. (b) Security zone anchorage. The fol- (4) A security zone in effect around a lowing is a security zone anchorage: moving or anchored vessel will be en- The waters of the James River encom- forced by a law enforcement vessel. A passed by a line beginning at the inter- security zone in effect around a moored section of the shoreline with the north- vessel will be enforced by a law en- ernmost property line of the Newport forcement agent shoreside, a law en- News Shipbuilding and Dry Dock Com- forcement vessel waterside, or both. pany shipyard at latitude 37°00′38.1″ N, (5) Persons desiring to transit the longitude 76°27′05.7″ W, thence south- area of the security zone within 100 erly to latitude 36°59′58.4″ N, longitude yards of a passenger vessel or vessel 76°27′16.7″ W, thence easterly to the ° ′ ″ carrying a CDC must contact the COTP shoreline at latitude 36 59 58.5 N, lon- ° ′ ″ Hampton Roads on VHF-FM channel 16 gitude 76 27 11.6 W, thence along the (156.8 MHz) or telephone number (757) shoreline to the point of beginning. 668–5555 or (757) 484–8192 to seek permis- (c) Special Regulations. (1) Section sion to transit the area. All persons 165.33 (a), (e), and (f) do not apply to and vessels must comply with the in- the following vessels or individuals on board those vessels: structions of the COTP or the COTP’s designated representative. (i) Public vessels of the United States. (d) Enforcement. The COTP will enforce these zones and may enlist the (ii) Public vessels owned or operated by the Commonwealth of Virginia or aid and cooperation of any Federal, its subdivisions for law enforcement or state, county, or municipal law en- firefighting purposes. forcement agency to assist in the en- (iii) Vessels owned by, operated by, forcement of the regulation. or under charter to Newport News [CGD05–04–067, 69 FR 40769, July 7, 2004] Shipbuilding and Dry Dock Co.

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(iv) Vessels that are performing work 076°26′18″ W, thence to 38°26′10″ N, at Newport News Shipbuilding and Dry 076°26′12″ W, thence to 38°26′21″ N, Dock Co., including the vessels of sub- 076°26′28″ W, thence to 38°26′14″ N, contractors and other vendors of New- 076°26′33″ W, thence to beginning at port News Shipbuilding and Dry Dock 38°26′06″ N, 076°26′18″ W. These coordi- Co. or other persons that have a con- nates are based upon North American tractual relationship with Newport Datum (NAD) 1983. News Shipbuilding and Dry Dock Co. (b) Regulations. (1) Entry into or re- (v) Vessels that are being built, remaining in this zone is prohibited un- built, repaired, or otherwise worked on less authorized by the Coast Guard at or by Newport News Shipbuilding Captain of the Port, Baltimore, Mary- and Dry Dock Co. or another person au- land. thorized to perform work at the ship- (2) Persons desiring to transit the yard. area of the security zone may contact (vi) Vessels that are authorized by the Captain of the Port at telephone Newport News Shipbuilding and Dry number 410–576–2693 or on VHF channel Dock Company to moor at and use its 16 (156.8 MHz) to seek permission to facilities. transit the area. If permission is grant- (vii) Commercial shellfish harvesting ed, all persons and vessels must comply vessels taking clams from the shellfish with the instructions of the Captain of beds within the zone, if the Port or his or her designated rep- (A) The owner of the vessel has pre- resentative. viously provided the Captain of the (c)Authority: In addition to 33 U.S.C. Port, Hampton Roads, Virginia, infor- 1231 and 50 U.S.C. 191, the authority for mation about the vessel, including: this section includes 33 U.S.C. 1226. (1) The name of the vessel; [CGD05–02–080, 68 FR 15053, Mar. 28, 2003] (2) The vessel’s official number, if documented, or state number, if num- § 165.506 Safety Zones; Fifth Coast bered by a state issuing authority; Guard District Fireworks Displays. (3) A brief description of the vessel, (a) Regulations. The following regula- including length, color, and type of tions apply to the fireworks safety vessel; zones listed in the Table to § 165.506. (4) The name, Social Security num- (1) The general regulations contained ber, current address, and telephone in 33 CFR 165.23 apply. number of the vessel’s master, oper- (2) These regulations will be enforced ator, or person in charge; and annually, for the duration of each fire- (5) Upon request, information the works event listed in the Table to vessel’s crew. § 165.506. In the case of inclement (B) The vessel is operated in compli- weather the event may be conducted on ance with any specific orders issued to the day following the date listed in the the vessel by the Captain of the Port or Table to § 165.506. Annual notice of the other regulations controlling the oper- exact dates and times of the enforce- ation of vessels within the security ment period of the regulation with re- zone that may be in effect. spect to each safety zone, the geo- (d) Enforcement. The U.S. Coast graphical area, and other details con- Guard may be assisted in the enforce- cerning the nature of the fireworks ment of this zone by the U.S. Navy. event will be published in Local No- [CGD5 86–03, 51 FR 18322, May 19, 1986, as tices to Mariners and transmitted via amended by CGD5 87–038, 52 FR 41996, Nov. 2, Broadcast Notice to Mariners over 1987] VHF–FM marine band radio. (3) All persons and vessels shall com- § 165.505 Security Zone; Calvert Cliffs ply with the instructions of the Coast Nuclear Power Plant, Chesapeake Guard Captain of the Port or the des- Bay, Calvert County, Maryland. ignated on-scene-patrol personnel. (a) Location. The following area is a Those personnel are comprised of com- security zone: All waters of the Chesa- missioned, warrant, and petty officers peake Bay, from surface to bottom, en- of the U.S. Coast Guard. Other Federal, compassed by lines connecting the fol- State and local agencies may assist lowing points, beginning at 38°26′06″ N, these personnel in the enforcement of

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the safety zone. Upon being hailed by a The various methods of notification U.S. Coast Guard vessel by siren, radio, provided by the Coast Guard and local flashing light or other means, the oper- community media outlets will facili- ator of a vessel shall proceed as di- tate informing mariners so they can rected. adjust their plans accordingly. (b) Notification. (1) Fireworks barges (c) Contact information. Questions and launch sites on land that operate about safety zones and related events within the regulated areas contained in should be addressed to the local Coast the Table to § 165.506 will have a sign Guard Captain of the Port for the area affixed to the port and starboard side in which the event is occurring. Con- of the barge, or mounted on a post 3 tact information is listed below. For a feet above ground level when on land description of the geographical area of immediately adjacent to the shoreline each Coast Guard Sector—Captain of and facing the water labeled ‘‘FIRE- the Port zone, please see 33 CFR 3.25. WORKS—DANGER—STAY AWAY’’. (1) Coast Guard Sector Delaware This will provide on scene notice that Bay—Captain of the Port Zone, Phila- the safety zone will be enforced on that delphia, Pennsylvania: (215) 271–4944. day. This notice will consist of a dia- (2) Coast Guard Sector Baltimore— mond shaped sign 4 feet by 4 feet with Captain of the Port Zone, Baltimore, a 3-inch orange retro reflective border. Maryland: (410) 576–2525. The word ‘‘DANGER’’ shall be 10-inch (3) Coast Guard Sector Hampton black block letters centered on the Roads—Captain of the Port Zone, Nor- sign with the words ‘‘FIREWORKS’’ folk, Virginia: (757) 483–8567. and ‘‘STAY AWAY’’ in 6-inch black (4) Coast Guard Sector North Caro- block letters placed above and below lina—Captain of the Port Zone, Wil- the word ‘‘DANGER’’ respectively on a mington, NC: (877) 229–0770 or (910) 772– white background. 2200. (2) Coast Guard Captains of the Port (d) Enforcement period. The safety in the Fifth Coast Guard District will zones in the Table to § 165.506 will be notify the public of the enforcement of enforced from 5:30 p.m. to 1 a.m. each these safety zones by all appropriate day a barge with a ‘‘FIREWORKS— means to effect the widest publicity DANGER—STAY AWAY’’ sign on the among the affected segments of the port and starboard side is on-scene or a public. Publication in the Local Notice ‘‘FIREWORKS—DANGER—STAY to Mariners, marine information broad- AWAY’’ sign is posted on land adjacent casts, and facsimile broadcasts may be to the shoreline, in a location listed in made for these events, beginning 24 to the Table to § 165.506. Vessels may not 48 hours before the event is scheduled enter, remain in, or transit through to begin, to notify the public. The pub- the safety zones during these enforce- lic may also be notified about many of ment periods unless authorized by the the listed marine events by local news- Captain of the Port or designated Coast papers, radio and television stations. Guard patrol personnel on scene.

TABLE TO § 165.506 [All coordinates listed in the Table to § 165.506 reference Datum NAD 1983.]

Number Date Location Regulated area

(a) Coast Guard Sector Delaware Bay—COTP Zone

1 ...... July 4th ...... North Atlantic Ocean, Beth- The waters of the North Atlantic Ocean within a 500 any Beach, DE, Safety yard radius of the fireworks launch platform in ap- Zone. proximate position latitude 38°32′08’’ N, longitude 075°03′15″ W, adjacent to shoreline of Bethany Beach, DE. 2 ...... Labor Day ...... Indian River Bay, DE, All waters of the Indian River Bay within a 360 yard ra- Safety Zone. dius of the fireworks launch location on the pier in approximate position latitude 38°36′42″ N, longitude 075°08′18″ W, about 700 yards east of Pots Net Point, DE.

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TABLE TO § 165.506—Continued [All coordinates listed in the Table to § 165.506 reference Datum NAD 1983.]

Number Date Location Regulated area

3 ...... July 4th ...... Atlantic Ocean, Rehoboth All waters of the Atlantic Ocean within a 360 yard ra- Beach, DE, Safety Zone. dius of the fireworks barge in approximate position latitude 38°43′01.2″ N, longitude 075°04′21″ W, approximately 400 yards east of Rehoboth Beach, DE. 4 ...... July 4th ...... North Atlantic Ocean, Ava- The waters of the North Atlantic Ocean within a 500 lon, NJ, Safety Zone. yard radius of the fireworks barge in approximate location latitude 39°05′31″ N, longitude 074°43′00″ W, in the vicinity of the shoreline at Avalon, NJ. 5 ...... July 4th, September—2nd Barnegat Bay, Barnegat The waters of Barnegat Bay within a 500 yard radius Saturday. Township, NJ, Safety of the fireworks barge in approximate position lati- Zone. tude 39°44′50″ N, longitude 074°11′21″ W, approximately 500 yards north of Conklin Island, NJ. 6 ...... July 4th ...... North Atlantic Ocean, Cape The waters of the North Atlantic Ocean within a 500 May, NJ, Safety Zone. yard radius of the fireworks barge in approximate location latitude 38°55′36″ N, longitude 074°55′26″ W, immediately adjacent to the shoreline at Cape May, NJ. 7 ...... July 3rd ...... Delaware Bay, North Cape All waters of the Delaware Bay within a 500 yard ra- May, NJ, Safety Zone. dius of the fireworks barge in approximate position latitude 38°58′00″ N, longitude 074°58′30″ W. 8 ...... August—3rd Sunday ...... Great Egg Harbor Inlet, All waters within a 500 yard radius of the fireworks Margate City, NJ, Safety barge in approximate location latitude 39°19′33″ N, Zone. longitude 074°31′28″ W, on the Intracoastal Water- way near Margate City, NJ. 9 ...... July 4th, August every Metedeconk River, Brick The waters of the Metedeconk River within a 300 yard Thursday, September 1st Township, NJ, Safety radius of the fireworks launch platform in approxi- Thursday. Zone. mate position latitude 40°03′24″ N, longitude 074°06′42″ W, near the shoreline at Brick Township, NJ. 10 ...... July 4th ...... North Atlantic Ocean, The waters of the North Atlantic Ocean within a 500 Ocean City, NJ, Safety yard radius of the fireworks barge in approximate lo- Zone. cation latitude 39°16′22″ N, longitude 074°33′54″ W, in the vicinity of the shoreline at Ocean City, NJ. 11 ...... May—4th Saturday ...... Barnegat Bay, Ocean All waters of Barnegat Bay within a 500 yard radius of Township, NJ, Safety the fireworks barge in approximate position latitude Zone. 39°47′33″ N, longitude 074°10′46″ W. 12 ...... July 4th ...... Little Egg Harbor, Parker All waters of Little Egg Harbor within a 500 yard radius Island, NJ, Safety Zone. of the fireworks barge in approximate position latitude 39°34′18″ N, longitude 074°14′43″ W, approximately 100 yards north of Parkers Island. 13 ...... September—3rd Saturday Delaware River, Chester, All waters of the Delaware River near Chester, PA just PA, Safety Zone. south of the Commodore Barry Bridge within a 250 yards radius of the fireworks barge located in approximate position latitude 39°49′43.2″ N, longitude 075°22′42″ W. 14 ...... September—3rd Saturday Delaware River, Essington, All the waters of the Delaware River near Essington, PA, Safety Zone. PA, west of Little Tinicum Island within a 250 yards radius of the fireworks barge located in the approximate position latitude 39°51′18″ N, longitude 075°18′57″ W. 15 ...... July 4th, Columbus Day, Delaware River, Philadel- All waters of Delaware River, adjacent to Penns Land- December 31st, January phia, PA, Safety Zone. ing, Philadelphia, PA, bounded from shoreline to 1st. shoreline, bounded on the south by a line running east to west from points along the shoreline at latitude 39°56′31.2″ N, longitude 075°08′28.1″ W; thence to latitude 39°56′29.1″ N, longitude 075°07′56.5″ W, and bounded on the north by the Benjamin Franklin Bridge.

(b) Coast Guard Sector Baltimore—COTP Zone

1 ...... April—1st or 2nd Saturday Washington Channel, All waters of the Upper Potomac River within a 150 Upper Potomac River, yard radius of the fireworks barge in approximate Washington, DC, Safety position latitude 38°52′09″ N, longitude 077°01′13″ Zone. W, located within the Washington Channel in Wash- ington Harbor, DC.

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TABLE TO § 165.506—Continued [All coordinates listed in the Table to § 165.506 reference Datum NAD 1983.]

Number Date Location Regulated area

2 ...... July 4th, December—1st Severn River and Spa All waters of the Severn River and Spa Creek within and 2nd, Saturday, De- Creek, Annapolis, MD, an area bounded by a line drawn from latitude cember 31st. Safety Zone. 38°58′39.6″ N, longitude 076°28′49″ W; thence to latitude 38°58′41″ N, longitude 076°28′14″ W; thence to latitude 38°59′01″ N, longitude 076°28′37″ W; thence to latitude 38°58′57″ N, longitude 076°28′40″ W, located near the entrance to Spa Creek in Annapolis, Maryland. 3 ...... Saturday before Independ- Middle River, Baltimore All waters of the Middle River within a 300 yard radius ence Day holiday. County, MD, Safety of the fireworks barge in approximate position lati- Zone. tude 39°17′45″ N, longitude 076°23′49″ W, approximately 300 yards east of Rockaway Beach, near Turkey Point. 4 ...... July 4th, December 31st .... Patapsco River (Middle All waters of the Patapsco River, Middle Branch, within Branch), Baltimore, MD, an area bound by a line drawn from the following Safety Zone. points: latitude 39°15′22″ N, longitude 076°36′36″ W; thence to latitude 39°15′10″ N, longitude 076°36′00″ W; thence to latitude 39°15′40″ N, longitude 076°35′23″ W; thence to latitude 39°15′49″ N, longitude 076°35′47″ W; thence to the point of origin, located approximately 600 yards east of Han- over Street (SR–2) Bridge. 5 ...... June 14th, July 4th, Sep- Northwest Harbor (East All waters of the Patapsco River within a 300 yard ra- tember—2nd Saturday, Channel), Patapsco dius of the fireworks barge in approximate position December 31st. River, MD, Safety Zone. 39°15′55″ N, 076°34′35″ W, located adjacent to the East Channel of Northwest Harbor. 6 ...... May—3rd Friday, July 4th, Baltimore Inner Harbor, Pa- All waters of the Patapsco River within a 150 yard ra- December 31st. tapsco River, MD, Safety dius of the fireworks barge in approximate position Zone. latitude 39°16′55″ N, longitude 076°36′17″ W, located at the entrance to Baltimore Inner Harbor, approximately 150 yards southwest of pier 6. 7 ...... May—3rd Friday, July 4th, Baltimore Inner Harbor, Pa- The waters of the Patapsco River within a 100 yard ra- December 31st. tapsco River, MD, Safety dius of approximate position latitude 39°17′03″ N, Zone. longitude 076°36′36″ W, located in Baltimore Inner Harbor, approximately 150 yards southeast of pier 1. 8 ...... July 4th, December 31st .... Northwest Harbor (West All waters of the Patapsco River within a 300 yard ra- Channel) Patapsco dius of the fireworks barge in approximate position River, MD, Safety Zone. latitude 39°16′21″ N, longitude 076°34′38″ W, located adjacent to the West Channel of Northwest Harbor. 9 ...... July 4th ...... Patuxent River, Calvert All waters of the Patuxent River within a 280 yard ra- County, MD, Safety dius of the fireworks barge in approximate position Zone. latitude 38°19′06.6″ N, longitude 076°26′10.1″ W, approximately 1450 yards west of Drum Point, MD. 10 ...... July 4th ...... Patuxent River, Solomons All waters of the Patuxent River within a 400 yard ra- Island, Calvert County, dius of the fireworks barge located at latitude MD, Safety Zone. 38°19′03″ N, longitude 076°26′07.6″ W. 11 ...... July 4th ...... Patuxent River, Solomons All waters of Patuxent River within a 300 yard radius Island, MD, Safety Zone. of the fireworks barge in an area bound by the following points: latitude 38°19′42″ N, longitude 076°28′02″ W; thence to latitude 38°19′26″ N, longitude 076°28′18″ W; thence to latitude 38°18′48″ N, longitude 076°27′42″ W; thence to latitude 38°19′06″ N, longitude 076°27′25″ W; thence to the point of origin, located near Solomons Island, MD. 12 ...... July 4th ...... Chester River, Kent Island All waters of the Chester River, within an area bound Narrows, MD, Safety by a line drawn from the following points: latitude Zone. 38°58′50″ N, longitude 076°15′00″ W; thence north to latitude 38°59′00″ N, longitude 076°15′00″ W; thence east to latitude 38°59′00″ N, longitude 076°14′46″ W; thence southeast to latitude 38°58′50″ N, longitude 076°14′28″ W; thence southwest to latitude 38°58′37″ N, longitude 076°14′36″ W, thence northwest to latitude 38°58′42″ N, longitude 076°14′55″ W, thence to the point of origin, located approximately 900 yards north of Kent Island Narrows (US–50/301) Bridge.

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TABLE TO § 165.506—Continued [All coordinates listed in the Table to § 165.506 reference Datum NAD 1983.]

Number Date Location Regulated area

13 ...... July 3rd ...... Chesapeake Bay, Chesa- All waters of the Chesapeake Bay within a 150 yard peake Beach, MD, Safe- radius of the fireworks barge in approximate position ty Zone. latitude 38°41′33″ N, longitude 076°31′48″ W, located near Chesapeake Beach, Maryland. 14 ...... July 4th ...... Choptank River, Cam- All waters of the Choptank River within a 300 yard ra- bridge, MD, Safety Zone. dius of the fireworks launch site at Great Marsh Point, located at latitude 38°35′06″ N, longitude 076°04′46″ W. 15 ...... July—2nd and last Satur- Potomac River, Charles All waters of the Potomac River within a 300 yard ra- day. County, MD, Safety dius of the fireworks barge in approximate position Zone. latitude 38°20′18″ N, longitude 077°15′00″ W, approximately 700 yards north of the shoreline at Fair- view Beach, Virginia. 16 ...... May—last Saturday, July Potomac River, Charles All waters of the Potomac River within a 300 yard ra- 4th. County, MD—Mount dius of the fireworks launch site near the Mount Vernon, Safety Zone. Vernon Estate, in Fairfax County, Virginia, located at latitude 38°42′24″ N, longitude 077°04′56″ W. 17 ...... October—1st Saturday ...... Dukeharts Channel, Poto- All waters of the Potomac River within a 300 yard ra- mac River, MD, Safety dius of the fireworks barge in approximate position Zone. latitude 38°13′48″ N, longitude 076°44′37″ W, located adjacent to Dukeharts Channel near Coltons Point, Maryland. 18 ...... July—Day before Inde- Potomac River, National All waters of the Potomac River within an area bound pendence Day holiday, Harbor, MD, Safety by a line drawn from the following points: latitude November—last Friday. Zone. 38°47′18″ N, longitude 077°01′01″ W; thence to latitude 38°47′11″ N, longitude 077°01′26″ W; thence to latitude 38°47′25″ N, longitude 077°01′33″ W; thence to latitude 38°47′32″ N, longitude 077°01′08″ W; thence to the point of origin, located at National Harbor, Maryland. 19 ...... July 4th, September—last Susquehanna River, Havre All waters of the Susquehanna River within a 150 yard Saturday. de Grace, MD, Safety radius of the fireworks barge in approximate position Zone. latitude 39°32′42″ N, longitude 076°04′30″ W, approximately 800 yards east of the waterfront at Havre de Grace, MD. 20 ...... June and July—Saturday Miles River, St. Michaels, All waters of the Miles River within a 200 yard radius before Independence MD, Safety Zone. of the fireworks barge in approximate position lati- Day holiday. tude 38°47′42″ N, longitude 076°12′23″ W, located near the waterfront of St. Michaels, Maryland. 21 ...... June and July—Saturday Tred Avon River, Oxford, All waters of the Tred Avon River within a 150 yard ra- or Sunday before Inde- MD, Safety Zone. dius of the fireworks barge in approximate position pendence Day holiday. latitude 38°41′48″ N, longitude 076°10′38″ W, approximately 500 yards northwest of the waterfront at Oxford, MD. 22 ...... July 3rd ...... Northeast River, North All waters of the Northeast River within a 300 yard ra- East, MD, Safety Zone. dius of the fireworks barge in approximate position latitude 39°35′26″ N, longitude 075°57′00″ W, approximately 400 yards south of North East Commu- nity Park. 23 ...... June—2nd or 3rd Satur- Upper Potomac River, Al- All waters of the Upper Potomac River within a 300 day, July—1st or 2nd exandria, VA, Safety yard radius of the fireworks barge in approximate Saturday, September— Zone. position 38°48′37″ N, 077°02′02″ W, located near 1st or 2nd Saturday. the waterfront of Alexandria, Virginia. 24 ...... March through October, at Anacostia River, Wash- All waters of the Anacostia River, within a 350 yard ra- the conclusion of ington, DC, Safety Zone. dius of the fireworks barge in approximate position evening MLB games at 38°52′16″ N, 077°00′13″ W, approximately 500 Washington Nationals yards southeast of the shoreline near Washington Ball Park. Nationals Ball Park. 25 ...... June—last Saturday ...... Potomac River, Prince Wil- All waters of the Potomac River within a 200 yard ra- liam County, VA, Safety dius of the fireworks barge in approximate position Zone. latitude 38°34′08″ N, longitude 077°15′34″ W, located near Cherry Hill, Virginia.

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TABLE TO § 165.506—Continued [All coordinates listed in the Table to § 165.506 reference Datum NAD 1983.]

Number Date Location Regulated area

1 ...... July 4th ...... Atlantic Ocean, Ocean All waters of the Atlantic Ocean in an area bound by City, MD, Safety Zone. the following points: latitude 38°19′39.9″ N, longitude 075°05′03.2″ W; thence to latitude 38°19′36.7″ N, longitude 075°04′53.5″ W; thence to latitude 38°19′45.6″ N, longitude 075°04′49.3″ W; thence to latitude 38°19′49.1″ N, longitude 075°05′00.5″ W; 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. 2 ...... May—4th Sunday, June— Isle of Wight Bay, Ocean All waters of Isle of Wight Bay within a 350 yard radius 3rd Monday, June 29th City, MD, Safety Zone. of the fireworks barge in approximate position lati- and July 4th, August— tude 38°22′32″ N, longitude 075°04′30″ W. 1st and 4th Sunday, Au- gust 6th, September— 1st and 4th Sunday. 3 ...... July 4th ...... Assawoman Bay, Fenwick All waters of Assawoman Bay within a 360 yard radius Island—Ocean City, MD, of the fireworks launch location on the pier at the Safety Zone. West end of Northside Park, in approximate position latitude 38°25′57.6″ N, longitude 075°03′55.8″ W. 4 ...... July 4th ...... Broad Bay, Virginia Beach, All waters of the Broad Bay within a 400 yard radius of VA, Safety Zone. the fireworks display in approximate position latitude 36°52′08″ N, longitude 076°00′46″ W, located on the shoreline near the Cavalier Golf and Yacht Club, Vir- ginia Beach, Virginia. 5 ...... October—1st Friday ...... York River, West Point, All waters of the York River near West Point, VA within VA, Safety Zone. a 400 yard radius of the fireworks display located in approximate position latitude 37°31′25″ N, longitude 076°47′19″ W. 6 ...... July 4th ...... York River, Yorktown, VA, All waters of the York River within a 400 yard radius of Safety Zone. the fireworks display in approximate position latitude 37°14′14″ N, longitude 076°30′02″ W, located near Yorktown, Virginia. 7 ...... July 4th ...... Chincoteague Channel, All waters of the Chincoteague Channel within a 360 Chincoteague, VA, Safe- yard radius of the fireworks launch location at the ty Zone. Chincoteague carnival waterfront in approximate position latitude 37°55′40.3″ N, longitude 075°23′10.7″ W, approximately 900 yards southwest of Chin- coteague Swing Bridge. 8 ...... May—1st Friday, July 4th .. James River, Newport All waters of the James River within a 325 yard radius News, VA, Safety Zone. of the fireworks barge in approximate position latitude 36°58′30″ N, longitude 076°26′19″ W, located in the vicinity of the Newport News Shipyard, New- port News, Virginia. 9 ...... July 9th ...... Chesapeake Bay, Hamp- All waters of the Chesapeake Bay within a 350 yard ton, VA, Safety Zone. radius of approximate position latitude 37°02′23″ N, longitude 076°17′22″ W, located near Buckroe Beach. 10 ...... June—4th Friday ...... Chesapeake Bay, Norfolk, All waters of the Chesapeake Bay within a 400 yard VA, Safety Zone. radius of the fireworks display located in position latitude 36°57′21″ N, longitude 076°15′00″ W, located near Ocean View Fishing Pier. 11 ...... July 4th ...... Chesapeake Bay, Virginia All waters of the Chesapeake Bay 400 yard radius of Beach, VA, Safety Zone. the fireworks display in approximate position latitude 36°55′02″ N, longitude 076°03′27″ W, located at the First Landing State Park at Virginia Beach, Virginia.

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TABLE TO § 165.506—Continued [All coordinates listed in the Table to § 165.506 reference Datum NAD 1983.]

Number Date Location Regulated area

12 ...... Memorial Day, June—1st Elizabeth River, Southern All waters of the Elizabeth River Southern Branch in and 2nd Friday, Saturday Branch, Norfolk, VA, an area bound by the following points: latitude and Sunday, July 4th, Safety Zone. 36°50′54.8″ N, longitude 076°18′10.7″ W; thence to November—4th Satur- latitude 36°51′7.9″ N, longitude 076°18′01″ W; day, December—1st Sat- thence to latitude 36°50′45.6″ N, longitude urday and December 076°17′44.2″ W; thence to latitude 36°50′29.6″ N, 31st, January—1st. longitude 076°17′23.2″ W; thence to latitude 36°50′7.7″ N, longitude 076°17′32.3″ W; thence to latitude 36°49′58″ N, longitude 076°17′28.6″ W; thence to latitude 36°49′52.6″ N, longitude 076°17′43.8″ W; thence to latitude 36°50′27.2″ N, longitude 076°17′45.3″ W thence to the point of origin. 13 ...... May—2nd Saturday, Sep- Appomattox River, Hope- All waters of the Appomattox River within a 400 yard tember—1st Saturday well, VA, Safety Zone. radius of the fireworks barge in approximate position and Sunday, Decem- latitude 37°19′11″ N, longitude 077°16′55″ W. ber—1st Saturday. 14 ...... July—3rd Saturday ...... John H. Kerr Reservoir, All waters of John H. Kerr Reservoir within a 400 yard Clarksville, VA, Safety radius of approximate position latitude 36°37′51″ N, Zone. longitude 078°32′50″ W, located near the south end of the State Route 15 Highway Bridge. 15 ...... May, June, July, August, Atlantic Ocean, Virginia All waters of the Atlantic Ocean within a 1000 yard ra- September, October— Beach, VA, Safety Zone. dius of the center located near the shoreline at ap- every Wednesday, Fri- A. proximate position latitude 36°51′12″ N, longitude day, Saturday and Sun- 075°58′06″ W, located off the beach between 17th day, July 4th. and 31st streets. 16 ...... September—4th Saturday Atlantic Ocean, VA Beach, All waters of the Atlantic Ocean within a 350 yard ra- VA, Safety Zone. B. dius of approximate position latitude 36°50′35″ N, longitude 075°58′09″ W, located on the 14th Street Fishing Pier. 17 ...... August—4th Friday and Atlantic Ocean, VA Beach, All waters of the Atlantic Ocean within a 350 yard ra- Saturday. VA, Safety Zone. C. dius of approximate position latitude 36°49′55″ N, longitude 075°58′00″ W, located off the beach between 2nd and 6th streets. 18 ...... July 4th ...... Nansemond River, Suffolk, All waters of the Nansemond River within a 350 yard VA, Safety Zone. radius of approximate position latitude 36°44′27″ N, longitude 076°34′42″ W, located near Constant’s Wharf in Suffolk, VA. 19 ...... February—4th Saturday, Chickahominy River, Wil- All waters of the Chickahominy River within a 400 yard July 4th. liamsburg, VA, Safety radius of the fireworks display in approximate posi- Zone. tion latitude 37°14′50″ N, longitude 076°52′17″ W, near Barrets Point, Virginia. 20 ...... July 4th ...... James River, Williamsburg, All waters of the James River within a 350 yard radius VA, Safety Zone. of approximate position latitude 37°13′23.3″ N, longitude 076°40′11.8″ W, located near Kingsmill Re- sort.

(d) Coast Guard Sector North Carolina—COTP Zone

1 ...... July 4th, October—1st Fri- Morehead City Harbor All waters of the Morehead City Harbor Channel that day. Channel, NC, Safety fall within a 360 yard radius of latitude 34°43′01″ N, Zone. longitude 076°42′59.6″ W, a position located at the west end of Sugar Loaf Island, NC. 2 ...... April—2nd Saturday, July Cape Fear River, Wil- All waters of the Cape Fear River within an area 4th, August—3rd Mon- mington, NC, Safety bound by a line drawn from the following points: lati- day, October—1st Friday. Zone. tude 34°13′54″ N, longitude 077°57′06″ W; thence northeast to latitude 34°13′57″ N, longitude 077°57′05″ W; thence north to latitude 34°14′11″ N, longitude 077°57′07″ W; thence northwest to latitude 34°14′22″ N, longitude 077°57′19″ W; thence west to latitude 34°14′22″ N, longitude 077°57′06″ W; thence southeast to latitude 34°14′07″ N, longitude 077°57′00″ W; thence south to latitude 34°13′54″ N, longitude 077°56′58″ W; thence to the point of origin, located approximately 500 yards north of Cape Fear Memorial Bridge.

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TABLE TO § 165.506—Continued [All coordinates listed in the Table to § 165.506 reference Datum NAD 1983.]

Number Date Location Regulated area

3 ...... July 4th ...... Green Creek and Smith All waters of Green Creek and Smith Creek that fall Creek, Oriental, NC, within a 300 yard radius of the fireworks launch site Safety Zone. at latitude 35°01′29.6″ N, longitude 076°42′10.4″ W, located near the entrance to the Neuse River in the vicinity of Oriental, NC. 4 ...... July 4th ...... Pasquotank River, Eliza- All waters of the Pasquotank River within a 300 yard beth City, NC, Safety radius of the fireworks launch site in approximate Zone. position latitude 36°18′00″ N, longitude 076°13′00″ W, approximately 200 yards south of the east end of the Elizabeth City Bascule Bridges. 5 ...... July 4th ...... Currituck Sound, Corolla, All waters of the Currituck Sound within a 300 yard ra- NC, Safety Zone. dius of the fireworks barge in approximate position latitude 36°22′48″ N, longitude 075°51′15″ W. 6 ...... July 4th, November—3rd Middle Sound, Figure Eight All waters of the Figure Eight Island Causeway Chan- Saturday. Island, NC, Safety Zone. nel from latitude 34°16′32″ N, longitude 077°45′32″ W, thence east along the marsh to a position located at latitude 34°16′19″ N, longitude 077°44′55″ W, thence south to the causeway at position latitude 34°16′16″ N, longitude 077°44′58″ W, thence west along the shoreline to position latitude 34°16′29″ N, longitude 077°45′34″ W, thence back to the point of origin. 7 ...... June—2nd Saturday, Pamlico River, Washington, All waters of the Pamlico River that fall within a 300 July—1st Saturday after NC, Safety Zone. yard radius of the fireworks launch site at latitude July 4th. 35°32′19″ N, longitude 077°03′20.5″ W, located 500 yards north of Washington railroad trestle bridge. 8 ...... July 4th ...... Neuse River, New Bern, All waters of the Neuse River within a 360 yard radius NC, Safety Zone. of the fireworks barge in approximate position latitude 35°06′07.1″ N, longitude 077°01′35.8″ W, located 420 yards north of the New Bern, Twin Span, high rise bridge. 9 ...... July 4th ...... Edenton Bay, Edenton, All waters within a 300 yard radius of position latitude NC, Safety Zone. 36°03′04″ N, longitude 076°36′18″ W, approximately 150 yards east of the entrance to Queen Anne Creek, Edenton, NC. 10 ...... July 4th, November—4th Motts Channel, Banks All waters of Motts Channel within a 300 yard radius of Monday. Channel, Wrightsville the fireworks barge in approximate position latitude Beach, NC, Safety Zone. 34°12′29″ N, longitude 077°48′27″ W, approximately 560 yards south of Sea Path Marina, Wrightsville Beach, NC. 11 ...... July 4th ...... Cape Fear River, All waters of the Cape Fear River within a 600 yard ra- Southport, NC, Safety dius of the fireworks barge in approximate position Zone. latitude 33°54′40″ N, longitude 078°01′18″ W, approximately 700 yards south of the waterfront at Southport, NC. 12 ...... July 4th ...... Big Foot Slough, Ocracoke, All waters of Big Foot Slough within a 300 yard radius NC, Safety Zone. of the fireworks launch site in approximate position latitude 35°06′54″ N, longitude 075°59′24″ W, approximately 100 yards west of the Silver Lake En- trance Channel at Ocracoke, NC. 13 ...... August—1st Tuesday ...... New River, Jacksonville, All waters of the New River within a 300 yard radius of NC, Safety Zone. the fireworks launch site in approximate position latitude 34°44′45″ N, longitude 077°26′18″ W, approximately one half mile south of the Hwy 17 Bridge, Jacksonville, North Carolina.

[USCG–2008–0189, 74 FR 15848, Apr. 8, 2009, as more, Maryland or any Coast Guard amended by USCG–2011–0368, 76 FR 26605, commissioned, warrant, or petty offi- May 9, 2011] cer who has been authorized by the § 165.507 Security Zone; Chesapeake Captain of the Port, Baltimore, Mary- Bay, between Sandy Point and Kent land to act on his or her behalf. Island, MD. (b) Location. The following area is a (a) Definitions. The Captain of the security zone: All waters of the Chesa- Port, Baltimore, Maryland means the peake Bay, from the surface to the bot- Commander, Coast Guard Sector Balti- tom, within 250 yards north of the

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north (westbound) span of the William (b) Location. The following area is a P. Lane Jr. Memorial Bridge, and 250 security zone: All waters of the George- yards south of the south (eastbound) town Channel of the Potomac River, span of the William P. Lane Jr. Memo- from the surface to the bottom, 75 rial Bridge, from the western shore at yards from the eastern shore measured Sandy Point to the eastern shore at perpendicularly to the shore, between Kent Island, Maryland. the Long Railroad Bridge (the most (c) Regulations. (1) All persons are re- eastern bridge of the 5-span, Four- quired to comply with the general reg- teenth Street Bridge Complex) to the ulations governing security zones Theodore Roosevelt Memorial Bridge found in § 165.33 of this part. and all waters in between, totally in- (2) Entry into or remaining in this cluding the waters of the Georgetown zone is prohibited unless authorized by Channel Tidal Basin. the Coast Guard Captain of the Port, (c) Regulations. (1) All persons are re- Baltimore, Maryland. quired to comply with the general regulations governing security zones (3) Persons or vessels requiring entry found in § 165.33 of this part. into or passage through the security (2) Entry into or remaining in this zone must first request authorization zone is prohibited unless authorized by from the Captain of the Port, Balti- the Coast Guard Captain of the Port, more to seek permission to transit the Baltimore, Maryland. area. The Captain of the Port, Balti- (3) Persons or vessels requiring entry more, Maryland can be contacted at into or passage through the security telephone number (410) 576–2693. The zone must first request authorization Coast Guard vessels enforcing this sec- from the Captain of the Port, Balti- tion can be contacted on VHF Marine more to seek permission to transit the Band Radio, VHF channel 16 (156.8 area. The Captain of the Port, Balti- MHz). Upon being hailed by a U.S. more, Maryland can be contacted at Coast Guard vessel by siren, radio, telephone number (410) 576–2693. The flashing light, or other means, the op- Coast Guard vessels enforcing this sec- erator of a vessel shall proceed as dition can be contacted on VHF Marine rected. If permission is granted, all per- Band Radio, VHF channel 16 (156.8 sons and vessels must comply with the MHz). Upon being hailed by a U.S. instructions of the Captain of the Port, Coast Guard vessel by siren, radio, Baltimore, Maryland and proceed at flashing light, or other means, the op- the minimum speed necessary to main- erator of a vessel shall proceed as di- tain a safe course while within the rected. If permission is granted, all per- zone. sons and vessels must comply with the (d) Enforcement. The U.S. Coast instructions of the Captain of the Port, Guard may be assisted in the patrol Baltimore, Maryland and proceed at and enforcement of the zone by Fed- the minimum speed necessary to main- eral, State, and local agencies. tain a safe course while within the (e) Enforcement period. This section zone. will be enforced annually on the first (d) Enforcement. The U.S. Coast Sunday in May from 7 a.m. to 5 p.m. Guard may be assisted in the patrol local time. and enforcement of the zone by Fed- [CGD05–06–104, 72 FR 14422, Mar. 28, 2007] eral, State, and local agencies. (e) Enforcement period. This section § 165.508 Security Zone; Georgetown will be enforced from 12:01 a.m. to 11:59 Channel, Potomac River, Wash- p.m. local time annually on July 4. ington, DC. [CGD05–06–105, 72 FR 15836, Apr. 3, 2007] (a) Definitions. (1) The Captain of the Port, Baltimore, Maryland means the § 165.509 Security Zone; Severn River Commander, Coast Guard Sector Balti- and College Creek, Annapolis, MD. more, Maryland or any Coast Guard (a) Definitions. For purposes of this commissioned, warrant, or petty offi- section, the Captain of the Port, Balti- cer who has been authorized by the more, Maryland means the Commander, Captain of the Port, Baltimore, Mary- Coast Guard Sector Baltimore, Mary- land to act on his or her behalf. land or any Coast Guard commissioned,

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warrant, or petty officer who has been § 165.510 Delaware Bay and River, authorized by the Captain of the Port, Salem River, Christina River and Baltimore, Maryland to act on his or Schuylkill River-Regulated Naviga- her behalf. tion Area. (b) Location. The following area is a (a) Regulated Navigation Area. The fol- security zone: All waters of the Severn lowing is a Regulated Navigation Area: River, from shoreline to shoreline, The navigable waters of Delaware Bay bounded by a line drawn from Horse- and River, Salem River, Christina shoe Point, at 38°59′47.6″ N, 076°29′33.2″ River, and Schuylkill River, in an area W; eastward across the Severn river to bounded on the south by a line drawn a point located at 39°00′01.5″ N, across the entrance to the Delaware 076°29′08.5″ W; and a line drawn from Bay between Cape May Light and Har- Biemans Point, at 38°59′14.4″ N, bor of Refuge Light and then con- 076°28′30.1″ W; westward across the Sev- tinuing to the northernmost extremity ern River to a point 38°59′03.5″ N, of Cape Henlopen, and bounded on the 076°28′50.0″ W, located on the Naval north by a line drawn across the Dela- Academy waterfront. This security ware River between Trenton, NJ and zone includes the waters of College Morrisville, PA along the southern side Creek eastward of the King George of the U.S. Route 1 Bridge. Street Bridge (NAD 1983). (b) Definitions. As used in this sec- (c) Regulations. (1) The general regu- tion: lations governing security zones found COTP means the Captain of the Port, in § 165.33 apply to the security zone de- Delaware Bay and any Coast Guard scribed in paragraph (b) of this section. commissioned, warrant or petty officer (2) Entry into or remaining in this who has been authorized by the COTP to act on his or her behalf. zone is prohibited unless authorized by Dangerous Cargo means those cargoes the Coast Guard Captain of the Port, listed in § 160.203 of this chapter when Baltimore, Maryland. carried in bulk, but does not include (3) Persons or vessels requiring entry cargoes listed in table 1 of 46 CFR part into or passage through the security 153. zone must first request authorization Underway means that a vessel is not from the Captain of the Port, Balti- at anchor, made fast to the shore, or more to seek permission to transit the aground. area. The Captain of the Port, Balti- (c) Applicability. This section applies more, Maryland can be contacted at to any vessel operating within the Reg- telephone number (410) 576–2693. The ulated Navigation Area, including a Coast Guard vessels enforcing this sec- naval or public vessel, except a vessel tion can be contacted on Marine Band engaged in: Radio VHF channel 16 (156.8 MHz). (1) Law enforcement; Upon being hailed by a U.S. Coast (2) Servicing aids to navigation; or Guard vessel by siren, radio, flashing (3) Surveying, maintaining, or im- light, or other means, the operator of a proving waters within the Regulated vessel shall proceed as directed. If per- Navigation Area. mission is granted, all persons and ves- (d) Draft limitation. Unless otherwise sels must comply with the instructions authorized by the COTP, no vessel with of the Captain of the Port, Baltimore, a draft greater than 55 feet may enter Maryland and proceed at the minimum this regulated navigation area. speed necessary to maintain a safe course while within the zone. NOTE: The project depth in many areas of the Regulated Navigation Area is less than (d) Enforcement. The U.S. Coast 55 feet. Guard may be assisted in the patrol and enforcement of the zone by Fed- (e) Oil transfer operations. Unless oth- eral, State, and local agencies. erwise authorized by the COTP, no ves- (e) Enforcement period. This section sel to vessel oil transfer operations, ex- will be enforced annually on the Friday cluding bunkering, may be conducted within the area between the southern before the Memorial Day holiday in boundary of this regulated navigation May from 7:30 a.m. to 2 p.m. local time. area and the southern span of the Dela- [CGD05–06–112, 72 FR 24188, May 2, 2007] ware Memorial Bridge except within

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the anchorage ground designated in sure that at least two wire cable moor- 110.157(a)(1) of this chapter. ing lines (firewarps) are rigged and (f) Requirements for vessels carrying ready for use as emergency towing dangerous cargoes. The master, owner, hookups fore and aft on the vessel; and, or operator of a vessel carrying a dan- (9) Proceed as directed by the COTP. gerous cargo shall: (g) Requirements for vessels operating (1) Notify the COTP at least 72 hours in the vicinity of a vessel carrying dan- before the vessel enters or departs the gerous cargoes. (1) Except for a vessel regulated navigation area and at least that is attending a vessel carrying dan- 12 hours before the vessel moves within gerous cargo with permission from the the regulated navigation area. The no- master of the vessel carrying dan- tice must include a report of the ves- gerous cargo or a vessel that is an- sel’s propulsion and machinery status chored or moored at a marina, wharf, and, for foreign flag vessels, the notice or pier, and which remains moored or must include any outstanding defi- at anchor, no vessel may, without the ciencies identified by the vessel’s flag permission of the COTP: state or classification society; (i) Come or remain within 500 yards (2) Not enter, get or remain underway within the regulated navigation of the port or starboard side or within area if visibility is or is expected to be 1,000 yards of the bow or stern of an unless than two (2) miles. If during the derway vessel that is carrying dan- transit visibility becomes less than two gerous cargo; or (2) miles, the vessel must seek safe an- (ii) Come or remain within 100 yards chorage and notify the COTP imme- of a moored or anchored vessel car- diately; rying dangerous cargo. (3) Not anchor in any area within the (2) The master, owner, or operator of regulated navigation area unless in any vessel receiving permission under times of emergency or with COTP per- paragraph (g)(1) of this section shall: mission; (i) Maintain a continuous radio guard (4) Not transfer dangerous cargo on VHF-FM channels 13 and 16; while the vessel is at anchor or bun- (ii) Operate at ‘‘no wake’’ speed or kering; the minimum speed needed to maintain (5) Maintain a manned watch in the steerage; and steering compartment whenever the (iii) Proceed as directed by the vessel is underway within the regu- COTP. lated navigation area unless the vessel (3) No vessel may overtake a vessel has two separate and independent carrying dangerous cargoes unless the steering control systems with dupli- overtaking can be completed before cate pilothouse steering gear control reaching any bend in the channel. Be- systems which meet the requirements fore any overtaking, the pilots, mas- of 46 CFR 58.25–70; ters or operators of both the over- (6) When anchored within the regu- taking vessel and the vessel being over- lated navigation area and: taken must clearly agree on the cir- (i) Sustained winds are greater than cumstances of the overtaking, includ- 25 knots but less than 40 knots, ensure ing vessel speeds, time and location of the main engines are ready to provide overtaking. full power in five minutes or less; and (ii) Sustained winds are 40 knots or (h) Additional restrictions above the over, ensure that the main engines are C&D Canal. When operating on the on line to immediately provide propul- Delaware River above the C&D Canal: sion; (1) A vessel carrying dangerous cargo (7) While moored within the regu- must be escorted by at least one com- lated navigation area, ensure that at mercial tug; and least two wire cable mooring lines (2) Meeting situations shall be avoid- (firewarps) are rigged and ready for use ed on river bends to the maximum ex- as emergency towing hookups fore and tent possible. aft on the outboard side of the vessel; (i) The COTP will issue a Broadcast (8) While underway or anchored with- Notice to Mariners to inform the main the regulated navigation area, en- rine community of scheduled vessel

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movements during which the restric- of the Port can be contacted at (215) tions imposed by paragraphs (g) and (h) 271–4807. of this section will be in effect. (c) Maneuver-restricted vessels. When conditions permit, the Captain of the [CGD 05–96–010, 62 FR 40275, July 28, 1997, as amended by USCG–2000–7223, 65 FR 40058, Port or designated representative June 29, 2000] should: (1) Permit vessels constrained by § 165.511 Security Zone; Atlantic their navigational draft or restricted in Ocean, Chesapeake & Delaware their ability to maneuver to pass with- Canal, Delaware Bay, Delaware in the 100 yards of the passenger vessel River and its tributaries. in order to ensure safe passage in ac- (a) Location. A 500-yard radius around cordance with the Navigation Rules as escorted passenger vessels in the Cap- seen in 33 CFR chapter I, subchapters D tain of the Port, Delaware Bay zone as and E; and defined in 33 CFR 3.25–05. (2) Permit vessels constrained by (b) Regulations. (1) All persons are re- their navigational draft or restricted in quired to comply with the general reg- their ability to maneuver that must ulations governing security zones in transit via a navigable channel or wa- § 165.33 of this part. terway to pass within 100 yards of an (2) All persons or vessels operating at anchored passenger vessel. the minimum safe speed necessary to (d) Definitions. As used in this sec- maintain navigation may transit with- tion— in 500 yards of an escorted passenger Captain of the Port means the Com- vessel without the permission of the manding Officer of the Coast Guard Captain of the Port Delaware Bay, PA Sector Delaware Bay or any Coast or designated representative while the Guard commissioned, warrant, or petty escorted passenger vessel is in the Cap- officer who has been authorized by the tain of the Port Delaware Bay zone. Captain of the Port to act as a designated representative on his behalf. (3) No person or vessel may transit or remain within 100 yards of an escorted Escort means assets (surface or air) passenger vessel without the permis- with the Coast Guard insignia that ac- sion of the Captain of the Port Dela- company and protect the escorted ves- ware Bay or designated representative sel, armed with crew-served weapons while the passenger vessel is in the that are manned and ready. Captain of the Port Philadelphia zone. Passenger vessels means vessels great- (4) Any person or vessel authorized to er than 100 feet in length, over 100 gross enter the security zone must operate in tons that are authorized to carry 500 or strict conformance with any directions more passengers, making voyages last- given by the Captain of the Port Dela- ing more than 24 hours, except for fer- ware Bay or designated representative ries. and leave the security zone imme- [CGD05–04–047, 69 FR 56697, Sept. 22, 2004] diately if the Captain of the Port Dela- ware Bay or designated representative § 165.512 Safety Zone; Patapsco River, so orders. Northwest and Inner Harbors, Bal- (5) When an escorted passenger vessel timore, MD. approaches within 100 yards of any ves- (a) Definitions. For the purposes of sel that is moored or anchored, the sta- this section: tionary vessel must stay moored or an- (1) Captain of the Port, Baltimore, chored while it remains within 100 Maryland means the Commander, Coast yards of the passenger vessel unless it Guard Sector Baltimore or any Coast is either ordered by or given permis- Guard commissioned, warrant, or petty sion by the Captain of the Port, Dela- officer who has been authorized by the ware Bay or designated representative Captain of the Port, Baltimore, Mary- to do otherwise. land to act on his or her behalf. (6) The Coast Guard designated rep- (2) USS CONSTELLATION ‘‘turn- resentative enforcing this section can around’’ participants means the USS be contacted on VHF Marine Band CONSTELLATION, its support craft Radio, channels 13 and 16. The Captain and the accompanying towing vessels.

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(b) Location. The following area is a (LLNR 39210) at approximate position moving safety zone: All waters, from 34°37′57″ North, 077°12′18″ West, and con- surface to bottom, within 200 yards tinuing in the AICW southwest to ahead of or 100 yards outboard or aft of Bogue Sound—New River Daybeacon 70 the historic sloop-of-war USS CON- (LLNR 39290) at approximate position STELLATION, while operating in the 34°33′07″ North, 077°20′30″ West. All co- Inner Harbor, the Northwest Harbor ordinates reference Datum: NAD 1983. and the Patapsco River. (b) Regulations. Notwithstanding the (c) Regulations. (1) The general regu- provisions of 33 CFR 334.440(e)(2)(i), no lations governing safety zones, found vessel may enter the safety zone de- in § 165.23, apply to the safety zone described in paragraph (a) of this section scribed in paragraph (b) of this section. (2) With the exception of USS CON- while weapons firing exercises are in STELLATION ‘‘turn-around’’ partici- progress, except as provided in para- pants, entry into or remaining in this graph (c) of this section or unless per- zone is prohibited, unless authorized by mitted by the Captain of the Port the Captain of the Port, Baltimore, (COTP) North Carolina. Maryland. (1) Red warning flags or red warning (3) Persons or vessels requiring entry lights will be displayed on towers lo- into or passage through the moving cated at both ends of the safety zone safety zone must first request author- (Bear Creek and Cedar Point) while fir- ization from the Captain of the Port, ing exercises are in progress. The flags Baltimore, Maryland to seek permis- or lights will be displayed by 8 a.m. on sion to transit the area. The Captain of days where firing exercises are sched- the Port, Baltimore, Maryland can be uled, and will be removed at the end of contacted at telephone number (410) the firing exercise. 576–2693. The Coast Guard vessels en- (2) A Coast Guard or U.S. Navy vessel forcing this section can be contacted will patrol each end of the safety zone on Marine Band Radio VHF Channel 16 to ensure the public is aware that fir- (156.8 MHz). Upon being hailed by a ing exercises are in progress and that U.S. Coast Guard vessel by siren, radio, the firing area is clear of vessel traffic flashing light, or other means, the per- before weapons are fired. son or vessel shall proceed as directed. If permission is granted, all persons or (c) General information—(1) Announce- vessels must comply with the instruc- ments. The COTP North Carolina will tions of the Captain of the Port, Balti- announce the specific times and loca- more, Maryland, and proceed at the tions of firing exercises by Broadcast minimum speed necessary to maintain Notice to Mariners and Local Notice to a safe course while within the zone. Mariners. Normally, weapons firing for (d) Enforcement. The U.S. Coast each firing exercise is limited to a two Guard may be assisted in the patrol nautical mile portion of the safety and enforcement of the zone by Fed- zone. The COTP may issue general per- eral, State and local agencies. mission to transit all or specified parts (e) Enforcement period. This section of the safety zone outside of the actual will be enforced from 2 p.m. through 7 firing area or if firing is temporarily p.m. local time, annually, on the Fri- stopped. This general permission will day following Labor Day. be announced in a Local Notice to [CGD05–07–010, 72 FR 34624, June 25, 2007] Mariners and Broadcast Notice to Mariners. § 165.514 Safety Zone: Atlantic Intra- (2) Camp Lejeune artillery operations. coastal Waterway and connecting Artillery weapons firing over the AICW waters, vicinity of Marine Corps Base Camp Lejeune, North Caro- from Marine Corps Base Camp Lejeune lina. will be suspended and vessels permitted to transit the specified 2-nautical-mile (a) Location. The following area is a firing area for a 1-hour period begin- safety zone: All waters of the Atlantic Intracoastal Waterway (AICW) and ning at the start of each odd-numbered connecting waters, from Bogue hour local time (e.g., 9 a.m.; 1 p.m.). A Sound—New River Daybeacon 58

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vessel may not enter the specified fir- any Coast Guard commissioned, war- ing area unless it will be able to com- rant, or petty officer who has been au- plete its transit of the firing area be- thorized by the Captain of the Port, fore firing exercises are scheduled to North Carolina to act on his behalf. re-start. (c) General information. The Captain (3) Atlantic Ocean naval gunnery live of the Port and the Command Duty Of- fire operations. Naval gunnery live fire ficer at Sector North Carolina can be operations over the AICW from off contacted at telephone number (877) shore on the Atlantic Ocean may be 229–0770 or (910) 772–2200. The Coast conducted for periods not to exceed 4 Guard Patrol Commander and the sen- hours, then suspended and vessels per- ior boarding officer on each vessel en- mitted to transmit the specified two- forcing the safety zone can be con- mile firing area for a minimum of one tacted on VHF-FM channels 16 and 81. hour before firing may resume. A ves- (d) Regulation. Except for persons or sel may not enter the specified firing vessels authorized by the Coast Guard area unless it will be able to complete Patrol Commander, no person or vessel its transit of the firing area before fir- may enter or remain in the regulated ing exercises are scheduled to re-start. area. (d) Contact information. U.S. Navy (1) The operator of any vessel in the safety vessels may be contacted on immediate vicinity of this safety zone VHF marine band radio channels 13 shall: (156.65 MHz) and 16 (156.8 MHz). The (i) Stop the vessel immediately upon Captain of the Port may be contacted being directed to do so by any commis- at Sector North Carolina by telephone sioned, warrant, or petty officer on at (877) 229–0770 or (910) 772–2200. board a vessel displaying a Coast Guard [CGD 05–98–38, 63 FR 58636, Nov. 2, 1998, as Ensign. amended by USCG–2000–7223, 65 FR 40058, (ii) Proceed as directed by any com- June 29, 2000; CGD05–03–167, 69 FR 41946, July missioned, warrant, or petty officer on 13, 2004; USCG–2011–0368, 76 FR 26605, May 9, board a vessel displaying a Coast Guard 2011] Ensign. § 165.515 Safety Zone: Cape Fear (2) Any spectator vessel may anchor River, Wilmington, North Carolina. outside of the regulated area specified in paragraph (a) of the section, but (a) Location. The following area is a may not block a navigable channel. safety zone: (1) The waters of the Cape Fear River (e) Effective date. The Captain of the bounded by a line connecting the fol- Port will issue a Marine Safety Infor- lowing points: mation Broadcast and a Notice to Mariners to notify the public when this Latitude Longitude section is in effect. 34°14′12″ N 77°57′10″ W [59 FR 33200, June 28, 1994, as amended by 34°14′12″ N 77°57′06″ W USCG–2000–7223, 65 FR 40059, June 29, 2000; ° ′ ″ ° ′ ″ 34 13 54 N 77 57 00 W USCG–2011–0368, 76 FR 26605, May 9, 2011] 34°13′54″ N 77°57′06″ W

(2) The safety zone boundary can be § 165.518 Security Zone; Waters of the Fifth Coast Guard District. described as follows: starting at the stern of the Battleship USS NORTH (a) Definitions. As used in this sec- CAROLINA, across the Cape Fear River tion— to the north end of the Coast Guard Designated Representative means any moorings, down along the east bank of U.S. Coast Guard commissioned, war- the Cape Fear River to the bow of the rant or petty officer who has been au- tug CAPTAIN JOHN TAXIS Memorial thorized by the District Commander or (Chandler’s Wharf), back across the local Captain of the Port (COTP), as Cape Fear River to Eagle Island, and defined in 33 CFR part 3, subpart 3.25, then up along the west bank of the to act on his or her behalf. Cape Fear River to the stern of the Escorted vessel means a vessel, other Battleship USS NORTH CAROLINA. than a U.S. naval vessel as defined in (b) Definitions. The designated rep- § 165.2015, that is accompanied by one resentative of the Captain of the Port is or more Coast Guard assets or Federal,

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State or local law enforcement agency (7) Persons desiring to transit within assets as listed below: 100 yards of an escorted vessel in the (1) Coast Guard surface or air asset Fifth Coast Guard District must con- displaying the Coast Guard insignia. tact the local Captain of the Port on (2) Coast Guard Auxiliary surface VHF channel 16 (156.800 MHz), VHF asset displaying the Coast Guard Aux- channel 13 (156.650 MHz) or at telephone iliary insignia. numbers: (3) State and/or local law enforcement asset displaying the applicable Philadelphia: (215) 271–4807 agency markings and or equipment as- Baltimore: (410) 576–2693 sociated with the agency. Hampton Roads: (757) 668–5555 or (757) 484– State and/or local law enforcement offi- 8192 cers means any State or local govern- North Carolina: (877) 229–0770 or (910) 772–2200 ment law enforcement officer who has (8) If permission is granted to transit authority to enforce State criminal within 100 yards of an escorted vessel, laws. all persons and vessels must comply (b) Location. The following area is a with the instructions of the District security zone: 500-yard radius around Commander, Captain of the Port or escorted vessels in the navigable their designated representative. waters of the Fifth Coast Guard Dis- trict as defined in 33 CFR 3.25–1, from [CGD05–04–171, 70 FR 11551, Mar. 9, 2005, as surface to bottom. amended by USCG–2011–0368, 76 FR 26605, (c) Regulations. (1) No vessel may ap- May 9, 2011] proach within 500 yards of an escorted vessel within the navigable waters of § 165.530 Safety Zone: Cape Fear and the Fifth Coast Guard District, unless Northeast Cape Fear Rivers, NC. traveling at the minimum speed nec- (a) Location. The following area is a essary to navigate safely. moving safety zone during the specified (2) No vessel may enter within a 100- conditions: The waters of the Cape yard radius of an escorted vessel within Fear and Northeast Cape Fear Rivers the navigable waters of the Fifth Coast for 500 yards ahead and astern, and 75 Guard District, without approval from yards abeam of a vessel carrying haz- the District Commander, Captain of ardous materials when designated by the Port or their designated represent- the Captain of the Port, North Caro- atives. lina. (3) Moored or anchored vessels, which (b) General Information. (1) The Cap- are overtaken by a moving zone, must tain of the Port and the Command remain stationary at their location until the escorted vessel maneuvers at Duty Officer at Sector North Carolina least 500 yards past. can be contacted at telephone number (4) Vessels restricted in their ability (877) 229–0770 or (910) 772–2200. The Coast to maneuver may request permission of Guard Patrol Commander enforcing the the District Commander, Captain of safety zone can be contacted on VHF- the Port or designated representative FM channels 16 and 81. to enter the security zone in order to (2) The Captain of the Port may au- ensure safe passage in accordance with thorize and designate any Coast Guard the Navigation Rules in 33 CFR chapter commissioned, warrant, or petty offi- I, subparts D and E. cer to act on his behalf in enforcing (5) The local COTP may notify the this safety zone. maritime and general public by marine (3) Sector North Carolina will notify information broadcast of the periods the maritime community of periods during which individual security zones during which this safety zone will be in have been activated by providing no- effect by providing advance notice of tice in accordance with 33 CFR 165.7. scheduled arrivals and departures of (6) When moored, a security zone loaded hazardous materials vessels via around an escorted vessel may also be a marine Broadcast Notice to Mariners. enforced by Coast Guard, State or Local law enforcement personnel shoreside.

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(c) Regulation. The general regula- § 165.540 Regulated Navigation Area; tions governing safety zones contained Cape Fear River, Northeast Cape in § 165.23 apply. Fear River, Wilmington, North Carolina. [COTP Wilmington, NC 94–004, 59 FR 42759, Aug. 19, 1994, as amended by USCG–2000–7223, (a) Description of the Regulated Navi- 65 FR 40059, June 29, 2000; USCG–2011–0368, 76 gation Area (RNA). The RNA encom- FR 26605, May 9, 2011] passes all waters of the Cape Fear River and Northeast Cape Fear River § 165.535 Safety Zone: Atlantic Ocean, from the intersection of Bald Head Vicinity of Cape Henlopen State Shoal Channel and Smith Island Chan- Park, Delaware. nel (centerline coordinates Latitude (a) Location. The following area is a 33°52′24.028″ N, Longitude 78°00′29.624″ W safety zone: All waters of the Atlantic (NAD 83)) to mile 26.7 on the Northeast Ocean within the area bounded by a Cape Fear River. line drawn north from the tip of Cape (b) Work areas. Dredging work within Henlopen located at latitude 38°48.2′ N, the RNA will be conducted in five dis- longitude 75°05.5′ W, to a point located tinct areas: Ocean Bar II, Horseshoe at latitude 38°49.4′ N, longitude 75°05.5′ Shoal, Passing Lane & Anchorage W; thence east to a point located at Basin, Big Island, and the Northeast latitude 38°49.4′ N, longitude 75°01.4′ W; Cape Fear River. Drilling or blasting is thence south to a point located at lati- expected to occur within the Passing tude 38°43.0′ N, longitude 75°01.4′ W; Lane & Anchorage Basin, Big Island, thence west to a point on the shoreline and the Northeast Cape Fear River located at latitude 38°43.0′ N, longitude work areas. The blast sites within the 75°04.5′ W; thence north following the RNA, will be identified and made avail- shoreline, to a point located at latitude able to the public through: Broadcast 38°48.2′ N, longitude 75°05.5′ W. All co- Notices to Mariners or Local Notices to ordinate refer to Datum: NAD 1983. Mariners (Local Notices to Mariners (b) Regulation. The general regula- are available on-line at tions governing safety zones contained www.navcen.uscg.gov/lnm/d5/); direct in § 165.23 apply. Vessels may not enter contact with the control vessel on the safety zone without first obtaining channel 16 VHF-FM; direct contact permission from the Captain of the with the contractor; or through the Port (COTP) Delaware Bay. Captain of the Port on VHF marine Band Radio, channels 13 and 16; or at (c) Dates. This section is enforced an- telephone number (910) 772–2200. In ad- nually on the second Saturday in May dition, dredge and blasting companies and the following day. will have a control vessel present at (d) General information. (1) Those the site of each blast. times during which hazardous condi- (c) Enforcement period. This section tions exist inside the safety zone will will be enforced during the months of be announced by Broadcast Notice to August, September, October, Novem- Mariners. General permission to enter ber, December, and January, each year. the safety zone will be broadcast dur- This rule will expire on January 31, ing non-hazardous times. 2006. (2) You can gain access to the safety (d) Definitions. Active work area means by calling Sector Field Office Atlantic a work area in which blasting, drilling, City command center at telephone or dredging operations are currently number (609) 677–2222 and on VHF chan- taking place. nel 13 or 16. Blast site means the area where explo- (3) The COTP Delaware Bay may au- sive material is handled during load- thorize and designate any Coast Guard ing, including the perimeter formed by commissioned, warrant, or petty offi- the loaded blast holes and fifty (50) feet cer to act on his behalf in enforcing (15.2 meters) in all directions from this safety zone. loaded holes. [CGD05–98–043, 69 FR 28827, May 19, 2004] Blasting operations means the detona- tion of explosives on the river bottom.

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Captain of the Port means the Coast about Cape Fear River Channel Lighted Guard officer designated by the Com- Buoy 27 (LL 30550/39945)). mandant to command the Captain of (3) Big Island. The work area in- the Port Zone as described in 33 CFR cludes: Part of Keg Island Channel, 3.25–20. Lower Big Island Channel, Upper Big Control vessel means the vessel at an Island Channel, and part of Lower active work area which coordinates op- Brunswick Channel. Downstream end erations within the active work area. of the work area is approximately 2,230 Hangfire means a blast that fails to feet upstream of the intersection of detonate at initiation, but detonates at Upper Lilliput Channel and Keg Island a later time. Channel (mile 16.2, approximately 1,320 Mile means measured as nautical feet downstream of Cape Fear River miles. Channel Lighted Buoy 46 (LL 30765) and approximately 2,300 feet upstream of Misfire means a blast that fails to Cape Fear River Channel Lighted Buoy detonate completely after an attempt 44 (LL 30750)). Upstream end of the at initiation, also the explosive mate- work area is approximately 2,680 feet rial that failed to detonate as planned. upstream of intersection of Upper Big RNA means Regulated Navigation Island Channel and Lower Brunswick Area. Channel (mile 18.7, approximately 1,620 Work area means those places within feet upstream of Cape Fear River Chan- the RNA where dredging, drilling, and nel Lighted Buoy 56 (LL 30830) and ap- blasting shall be conducted. proximately 590 feet downstream of the (e) Description of work areas in the Carolina Power & Light Company RNA—(1) Ocean Bar II, mouth of Cape (CP&L) overhead power line crossing). Fear. The work area includes: Part of (4) Passing Lane and Anchorage Basin. Bald Head Shoal Channel, Smith Island There are two separate work areas for Channel, Baldhead Caswell Channel, this contract, separated by the Big Is- Southport Channel, Battery Island land Contract. Channel, Lower Swash Channel, and (i) Passing Lane work area is located the majority of Snows Marsh Channel. immediately downstream of the Big Is- The downstream end of the work area land contract work area. The work (centerline coordinates: Latitude 33° area includes: Reaves Point Channel, 50′43.668″ N, Longitude 78° 01′40.068″ W Lower Midnight Channel, Upper Mid- (NAD 1983)) is located southeast of night Channel, Lilliput Channel, and Cape Fear River Channel Lighted Buoy part of Keg Island Channel. Down- 8 (LL 30350), approximately 2,560 feet stream end of Passing Lane work area east of the centerline of the existing is the intersection of Horseshoe Shoal Bald Head Shoal Channel. Upstream Channel and Reaves Point Channel end of the work area is located 1,200 (mile 7.7, at about Cape Fear River feet downstream of the intersection of Channel Lighted Buoy 27 (LL 30550/ Snows Marsh Channel and Horseshoe 39945)). Upstream end of the Passing Shoal Channel at turn six (mile 6.5, ap- Lane work area is approximately 2,230 proximately 1,150 feet downstream of feet upstream of intersection of Upper Cape Fear River Channel Lighted Buoy Lilliput Channel and Keg Island Chan- 25 (LL 30530/39965)). nel (mile 16.2, approximately 1,320 feet (2) Horseshoe Shoal. The work area in- downstream of Cape Fear River Chan- cludes: Horseshoe Shoal Channel and nel Lighted Buoy 46 (LL 30765) and ap- part of Snows Marsh Channel. Down- proximately 2,300 feet upstream of Cape stream end of the work area is located Fear River Channel Lighted Buoy 44 1,200 feet downstream of the intersec- (LL 30750)). tion of Snows Marsh Channel and (ii) Anchorage Basin work area is lo- Horseshoe Shoal Channel (mile 6.5, ap- cated immediately upstream of the Big proximately 1,150 feet downstream of Island contract work area. The work Cape Fear River Channel Lighted Buoy area includes: Part of Lower Brunswick 25 (LL 30530/39965)). Upstream end of Channel, Fourth East Jetty Channel, the work area is located at the inter- Between Channel, and Anchorage Basin section of Horseshoe Shoal Channel Channel. Downstream end of Anchor- and Reaves Point Channel (mile 7.7, at age Basin work area is approximately

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2,680 feet upstream of intersection of the COTP 12 hours before vessel move- Upper Big Island Channel and Lower ment within the RNA. Brunswick Channel (mile 18.7, approxi- (5) Vessels meeting the notice of ar- mately 1,620 feet upstream of Cape rival requirements under 33 CFR 160.207 Fear River Channel Lighted Buoy 56 are encouraged to notify the COTP at (LL 30830) and approximately 590 feet least 48-hours before the vessel enters downstream of the CP&L overhead the RNA to facilitate scheduling and power line crossing). Upstream end of minimize delays. Updates are encour- Anchorage Basin work area is the Cape aged at least 12 hours before arriving Fear Memorial Bridge (mile 23.6). at the RNA boundaries. The COTP may (5) Northeast Cape Fear River. The delay entry into the RNA to accommo- downstream end of the work area is the date other commercial traffic. Cape Fear Memorial Bridge (mile 23.6). (6) Vessels of 300 gross tons or greater Upstream end of the work area (ap- shall be prohibited from entering the proximately mile 26.7) is on the North- RNA when they are advised that a mis- east Cape Fear River and is approxi- fire or hangfire has occurred. mately 700 feet upstream of the turning (7) For any vessel with another ves- basin located opposite Koch Sulfur sel/barge in tow transiting an active Products Co. and approximately 90 feet work area, the hawser or wire length of downstream of the submerged gas pipe- the tow shall not exceed 275 feet, meas- line crossing. ured from the towing bit on the tug to (f) Regulations. (1) Blasting, drilling, the point where the hawser or wire and dredging operations raise many connects with the towed vessel or safety issues for vessels transiting the barge. RNA. All mariners are reminded to ex- (8) Vessels of 300 gross tons or greater ercise caution while transiting or oper- and tugs with tows, shall, prior to en- ating in the RNA. tering the RNA, ensure that they have sufficient propulsion and directional (2) Active work areas, control ves- control to safely navigate the RNA sels, and blast sites will be identified under the prevailing conditions. via Broadcast Notices to Mariners or (9) Vessels of 300 gross tons or greater Local Notices to Mariners. The Local and tugs with tows are prohibited from Notice to Mariners is available on-line meeting or overtaking vessels of 300 at www.navcen.uscg.gov/lnm/d5/. Control gross tons or greater or tugs with tows vessels shall monitor channel 16 VHF- in active work areas or within one nau- FM. tical mile of an active work area. (3) The following requirements apply (10) The Captain of the Port, North to all vessels. Carolina may, upon written request, (i) All vessels shall inform them- authorize a deviation from any regula- selves of the active work areas prior to tion in this section if it is found that entering the RNA. the proposed operations can be done (ii) All vessels shall contact and re- safely. An application for deviation ceive permission from the control ves- must be received not less than 48 hours sel for that work area before entering before intended operation and must the active work area. state the need and describe the pro- (iii) All vessels transiting an active posal. work area shall do so at no wake speed or the minimum speed necessary to [CGD05–01–006, 66 FR 39099, July 27, 2001, as amended by USCG–2011–0368, 76 FR 26605, maintain steerage. May 9, 2011] (iv) During blasting operations all vessels are prohibited from entering an § 165.552 Security Zone; Oyster Creek area of 500 yards surrounding the blast Generation Station, Forked River, site. Upon notification of a misfire or Ocean County, New Jersey. hangfire, all vessels underway in the (a) Location. The following area is a RNA shall proceed to clear the active security zone: Starting at the south work area in which the misfire or branch of the Forked River in the vi- hangfire occurred. cinity of the Oyster Creek Generation (4) Vessels over 300 gross tons and Station, bounded by a line beginning at tugs with tows are required to contact 39°49′12.0″ N, 074°12′13.0″ W; thence to

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39°48′39.7″ N, 074°12′0″ W; along the 39°27′39.9″ N, 075°31′51.6″ W, thence along shoreline, thence to 39°48′40.0″ N, the shoreline to the point of 39°28′08.0″ 074°12′0.3″ W; thence to 39°49′11.8″ N, N, 075°32′31.7″ W. All coordinates ref- 074°12′10.5″ W; thence back along the erence Datum: NAD 1983. shoreline to the beginning point. All (b) Regulations. (1) All persons are re- coordinates reference Datum: NAD quired to comply with the general reg- 1983. ulations governing security zones in (b) Regulations. (1) All persons are re- § 165.33 of this part. quired to comply with the general reg- (2) No person or vessel may enter or ulations governing security zones in navigate within this security zone un- § 165.33 of this part. less authorized to do so by the Coast (2) No person or vessel may enter or Guard or designated representative. navigate within this security zone un- Any person or vessel authorized to less authorized to do so by the Coast enter the security zones must operate Guard or designated representative. in strict conformance with any direc- Any person or vessel authorized to tions given by the Coast Guard or des- enter the security zones must operate ignated representative and leave the in strict conformance with any direc- security zone immediately if the Coast tions given by the Coast Guard or des- Guard or designated representative so ignated representative and leave the orders. security zone immediately if the Coast (3) The Coast Guard or designated Guard or designated representative so representative enforcing this section orders. can be contacted on VHF Marine Band (3) The Coast Guard or designated Radio, channels 13 and 16. The Captain representative enforcing this section of the Port can be contacted at (215) can be contacted on VHF Marine Band 271–4807. Radio, channels 13 and 16. The Captain (4) The Captain of the Port will no- of the Port can be contacted at (215) tify the public of any changes in the 271–4807. status of this security zone by Marine (4) The Captain of the Port will no- Safety Radio Broadcast on VHF-FM tify the public of any changes in the marine band radio, channel 22 (157.1 status of this security zone by Marine MHZ). Safety Radio Broadcast on VHF-FM (c) Definitions. For the purposes of marine band radio, channel 22 (157.1 this section, Captain of the Port means MHZ). the Commanding Officer of the Coast (c) Definitions. For the purposes of Guard Sector Delaware Bay, or any this section, Captain of the Port means Coast Guard commissioned, warrant, or the Commanding Officer of the Coast petty officer who has been authorized Guard Sector Delaware Bay, or any by the Captain of the Port to act as a Coast Guard commissioned, warrant, or designated representative on his be- petty officer who has been authorized half. by the Captain of the Port to act as a [CGD05–03–113, 69 FR 5279, Feb. 4, 2004] designated representative on his behalf. § 165.554 Security Zone; Three Mile Is- [CGD05–03–111, 69 FR 5284, Feb. 4, 2004] land Generating Station, Susque- hanna River, Dauphin County, § 165.553 Security Zone; Salem and Pennsylvania. Hope Creek Generation Stations, (a) Location. The following area is a Delaware River, Salem County, New security zone: the waters of the Sus- Jersey. quehanna River in the vicinity of the (a) Location. The following area is a Three Mile Island Generating Station security zone: the waters of the Dela- bounded by a line beginning at ware River in the vicinity of the Salem 40°09′14.74″ N, 076°43′40.77″ W; thence to and Hope Creek Generation Stations 40°09′14.74″ N, 076°43′42.22″ W, thence to bounded by a line drawn from a point 40°09′16.67″ N, 076°43′42.22″ W, thence to located at 39°28′08.0″ N, 075°32′31.7″ W to 40°09′16.67″ N, 076°43′40.77″ W; thence 39°28′06.5″ N, 075°32′47.4″ W, thence to back to the beginning point 40°09′14.74″ 39°27′28.4″ N, 075°32′15.8″ W, thence to N, 076°43′40.77″ W. All coordinates ref- 39°27′28.8″ N, 075°31′56.6″ W, thence to erence Datum: NAD 1983.

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(b) Regulations. (1) All persons are re- (d) Regulations. (1) All persons are required to comply with the general reg- quired to comply with the general regulations governing security zones in ulations governing safety zones in 33 § 165.33 of this part. CFR 165.23 of this part. (2) No person or vessel may enter or (2) All Coast Guard vessels enforcing navigate within this security zone un- this safety zone or watch officers less authorized to do so by the Coast aboard the Dredge and Barge can be Guard or designated representative. contacted on VHF marine band radio, Any person or vessel authorized to channel 16. The Captain of the Port enter the security zone must operate in may be contacted by telephone at (215) strict conformance with any directions 271–4807 or via VHF marine band radio, given by the Coast Guard or designated channel 16. representative and leave the security zone immediately if the Coast Guard or [CGD05–04–035, 70 FR 40887, July 15, 2005] designated representative so orders. (3) The Coast Guard or designated § 165.556 Regulated Navigation Area; representative enforcing this section Chesapeake and Delaware Canal, can be contacted on VHF Marine Band Chesapeake City Anchorage Basin, Radio, channels 13 and 16. The Captain MD. of the Port can be contacted at (215) (a) Location. The following area is a 271–4807. The Security Manager at regulated navigation area: All waters Three Mile Island can be contacted at of the Chesapeake and Delaware (C & (717) 948–8208 or (717) 948–8039. D) Canal within the anchorage basin at (4) The Captain of the Port will no- Chesapeake City, Maryland, bounded tify the public of any changes in the by a line drawn across the entrance to status of this security zone by Marine the basin from position latitude Safety Radio Broadcast on VHF-FM 39°31′39.6″ N, longitude 075°48′36.5″ W, to marine band radio, channel 22 (157.1 position latitude 39°31′40.6″ N, longitude MHZ). 075°48′43.3″ W. All coordinates refer to (c) Definitions. For the purposes of NAD 1983. this section, Captain of the Port means the Commanding Officer of the Coast (b) Definitions. For the purposes of Guard Sector Delaware Bay, Coast this section: Guard commissioned, warrant, or petty District Commander means the Com- officer who has been authorized by the mander, Fifth Coast Guard District or Captain of the Port to act as a des- any Coast Guard commissioned, war- ignated representative on his behalf. rant, or petty officer who has been authorized by the Commander, Fifth [CGD05–03–116, 69 FR 46103, Aug. 2, 2004] Coast Guard District, to act on his or § 165.555 Safety Zone; Delaware River. her behalf, or his or her designated representative. (a) Definition. As used in this section, (c) Regulations. The general regula- Captain of the Port means the Com- tions governing regulated navigation mander of Sector Delaware Bay or any areas, found in 33 CFR 165.13, apply to Coast Guard commissioned, warrant or petty officer who has been authorized the regulated navigation area de- by the Captain of the Port to act on his scribed in paragraph (a) of this section. behalf. The Captain of the Port may be (1) All vessels and persons are prohib- contacted by telephone at (215) 271–4807 ited from entering and accessing this or via VHF marine band radio, channel regulated navigation area, except as 16. authorized by the District Commander (b) Location. The following area is a or his or her designated representative. safety zone: All waters located within a (2) Persons or vessels requiring entry 150-yard radius around the dredging op- into or passage within the regulated eration and barge, conducting dredging navigation area must request author- operations in or near the Marcus Hook ization from the District Commander Range in the vicinity of Anchorage 7. or his or her designated representative, (c) Enforcement. This safety zone will by telephone at (410) 576–2693 or by ma- be enforced annually beginning on Sep- rine band radio on VHF–FM Channel 16 tember 1 through December 31. (156.8 MHz), from 12:01 a.m. until 11:59

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p.m. on the last Saturday in June, an- tinues west on the southern shoreline nually. All Coast Guard vessels enforc- of the NASA Causeway to NASA Gate 3 ing this regulated navigation area can (permanent), then north to the north- be contacted on marine band radio ern shoreline of the NASA Causeway VHF–FM Channel 16 (156.8 MHz). and east on the northern shoreline of (3) The operator of any vessel enter- the causeway back to the shoreline on ing or located within this regulated Merritt Island at position 28°31′36″ N., navigation area shall: 80°43′42″ W., then northwest along the (i) Travel at no-wake speed, shoreline to 28°41′01.2″ N., 80°47′10.2″ W. (ii) Stop the vessel immediately upon (Blackpoint); then due north to chan- being directed to do so by any commis- nel marker #6 on the Intracoastal Wa- sioned, warrant or petty officer on terway (ICW), then northeast along the board a vessel displaying a Coast Guard Ensign, and southern edge of the ICW to the west- (iii) Proceed as directed by any com- ern entrance to the Haulover Canal. missioned, warrant or petty officer on From this point, the line continues board a vessel displaying a Coast Guard northeast along the southern edge of Ensign. the Haulover Canal to the eastern en- (4) All vessels and persons within this trance to the canal; then due east to a regulated navigation area must comply point in the Atlantic Ocean 3 miles off- with any additional instructions of the shore at 28°44′42″ N., 80°37′51″ W.; then District Commander or the designated south along a line 3 miles from the representative. coast to Wreck Buoy ‘‘WR6’’, then to (d) Enforcement. The U.S. Coast Port Canaveral Channel Lighted Buoy Guard may be assisted in the patrol 10, then west along the northern edge and enforcement of the regulated navi- of the Port Canaveral Channel to the gation area by any Federal, State, and northeast corner of the intersection of local agencies. the Cape Canaveral Barge Canal and (e) Enforcement period. This section the ICW in the Banana River at will be enforced from 12:01 a.m. until 28°24′36″ N., 80°38′42″ W. The line con- 11:59 p.m. on the last Saturday in June, tinues north along the east side of the annually. Intracoastal Waterway to daymarker [USCG–2008–1119, 74 FR 28611, June 17, 2009] ‘35’ thence North Westerly one quarter of a mile south of NASA Causeway SEVENTH COAST GUARD DISTRICT East (Orsino Causeway) to the shore- § 165.701 Vicinity, Kennedy Space Cen- line on Merritt Island at position ter, Merritt Island, Florida—secu- 28°30.95′ N., 80°37.6′ W., then south along rity zone. the shoreline to the starting point. (a) The water, land, and land and (b) The area described in paragraph water within the following boundaries (a) of this section is closed to all ves- are a security zone—The perimeter of sels and persons, except those vessels the Cape Canaveral Barge Canal and and persons authorized by the Com- the Banana River at 28°24′33″ N., mander, Seventh Coast Guard District, 80°39′48″ W.; then due west along the or the COTP Jacksonville, Florida, northern shoreline of the barge canal whenever space vehicles are to be for 1,300 yards; then due north to launched by the United States Govern- 28°28′42″ N., 80°40′30″ W., on Merritt Is- ment from Cape Canaveral. land. From this position, the line pro- (c) COTP Jacksonville, Florida, ceeds irregularly to the eastern shore- closes the security zone, or specific line of the Indian River to a position portions of it, by means of locally pro- 1,300 yards south of the NASA Cause- mulgated notices. The closing of the ° ′ ″ ° ′ ″ way at 28 30 54 N., 80 43 42 W. (the line area is signified by the display of a red from the barge canal to the eastern ball from a 90-foot pole near the shore- shoreline of the Indian River is marked line at approximately 28°35′00″ N., by a three-strand barbed-wire fence), 80°34′36″ W., and from a 90-foot pole then north along the shoreline of the near the shoreline at approximately Indian River to the NASA Causeway at 28°25′18″ N., 80°35′00″ W. Appropriate 28°31′30″ N., 80°43′48″ W. The line con-

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Local Notices to Mariners will also be ods during which these safety zones broadcast on 2670 KHZ. will be in effect by providing advance [CGD 79–034, 47 FR 29660, July 8, 1982, as notice of scheduled arrivals and depar- amended by CGD 7–82–10, 48 FR 11696, Mar. tures of loaded anhydrous ammonia 21, 1983; USCG–1998–3799, 63 FR 35532, June 30, vessels via a marine broadcast Notice 1998] to Mariners. (e) Should the actual time of entry of § 165.703 Tampa Bay, Florida—Safety the anhydrous ammonia vessel into the Zone. safety zone vary more than one half (a) A floating safety zone is estab- hour from the scheduled time stated in lished consisting of an area 1000 yards the broadcast Notice to Mariners, the fore and aft of a loaded anhydrous am- person directing the movement of the monia vessel and the width of the anhydrous ammonia vessel shall obtain channel in the following areas: permission from Captain of the Port (1) For inbound tank vessels loaded Tampa before commencing the transit. with anhydrous ammonia, Tampa Bay (f) Prior to commencing the move- Cut ‘‘F’’ Channel from Lighted Buoys ‘‘3F’’ and ‘‘4F’’ north through and in- ment, the person directing the move- cluding Gadsden Point Cut Lighted ment of the anhydrous ammonia vessel Buoy ‘‘3’’ and commencing at Gadsden shall make a security broadcast to ad- Point Cut Lighted Buoys ‘‘7’’ and ‘‘8’’ vise mariners of the intended transit. north and including Hillsborough Cut All additional security broadcasts as ‘‘C’’ Channel. recommended by the U.S. Coast Pilot 5, (i) For vessels bound for R. E. Knight ATLANTIC COAST shall be made Pier at Hookers Point the safety zone through the transit. includes, in addition to the area in (g) Vessels carrying anhydrous am- paragraph (a)(1) of this section, monia are permitted to enter and tran- Hillsborough Cut ‘‘D’’ Channel to the sit Tampa and Hillsborough Bay and southern tip of Harbor Island. approaches only with a minimum of (ii) For vessels bound for the anhy- three miles visibility. drous ammonia receiving terminals to (h) The Captain of the Port Tampa Port Sutton the safety zone includes, may waive any of the requirements of in addition to the area in paragraph this subpart for any vessel upon finding (a)(1) of this section, Port Sutton that the vessel or class of vessel, oper- Channel. ational conditions, or other cir- (2) For outbound tank vessels loaded cumstances are such that application with anhydrous ammonia the safety of this subpart is unnecessary or im- zone is established when the vessel de- practical for purposes of port safety or parts the receiving terminal and con- environmental safety. tinues through the area described in (i) The owner, master, agent or per- paragraph (a)(1) of this section. son in charge of a vessel or barge, load- (3) The floating safety zone is dis- ed with anhydrous ammonia shall re- established when the anhydrous ammo- port the following information to the nia carrier is safely moored at the an- Captain of the Port, Tampa at least hydrous ammonia receiving facility. twenty-four hours before entering (b) All vessels over 5000 gross tons in- Tampa Bay or its approaches or depart- tending to pass anhydrous ammonia ing from Tampa Bay: vessels moored in Port Sutton, and all vessels intending to moor in the R. E. (1) Name and country of registry of Knight facilities at Hookers Point the vessel or barge; while an anhydrous ammonia vessel is (2) The name of the port or place of moored in this facility, must give 30 departure; minutes notice to the anhydrous am- (3) The name of the port or place of monia vessel so it may take appro- destination: priate safety precautions. (4) The estimated time that the ves- (c) The general regulations governing sel is expected to begin its transit of safety zones contained in § 165.23 apply. Tampa Bay and the time it is expected (d) The Sector St. Petersburg will no- to commence its transit of the safety tify the maritime community of peri- zone.

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(5) The cargo carried and amount. described in paragraph (a) of this section. [CGD7–85–32, 51 FR 28382, Aug. 7, 1986 as amended by CGD07–87–07, 52 FR 31763, Aug. (d) All vessels over 5000 gross tons in- 24, 1987; 65 FR 9221, Feb. 24, 2000] tending to pass LPG vessels moored in Port Sutton, and all vessels intending § 165.704 Safety Zone; Tampa Bay, to pass LPG vessels moored in Rattle- Florida. snake, must give 30 minutes notice to (a) A floating safety zone is estab- the LPG vessel so it may take appro- lished consisting of an area 1000 yards priate safety precautions. fore and aft of a loaded Liquefied Pe- (e) The general regulations governing troleum Gas (LPG) vessel and the safety zones contained in § 165.23 apply. width of the channel in the following (f) The Coast Guard Captain of the areas. Any vessels desiring to enter the Port St. Petersburg will notify the safety zone must obtain authorization maritime community of periods during from the Captain of the Port St. Pe- which these safety zones will be in ef- tersburg. fect by providing advance notice of (1) For vessels loaded with LPG and scheduled arrivals and departures of bound for the LPG receiving terminal loaded LPG vessels via a marine broad- in Port Sutton the safety zone starts at cast Notice to Mariners. Tampa Bay Cut ‘‘F’’ Channel from (g) Should the actual time of entry of Lighted Buoys ‘‘3F’’ and ‘‘4F’’ and pro- the LPG vessel into the safety zone ceeds north ending at Gadsden Point vary more than one half (1⁄2) hour from Cut Lighted Buoys ‘‘3’’ and ‘‘4’’. The the scheduled time stated in the broad- safety zone starts again at Gadsden cast Notice to Mariners, the person di- Point Cut Lighted Buoys ‘‘7’’ and ‘‘8’’ recting the movement of the LPG ves- and proceeds north through sel shall obtain permission from Cap- Hillsborough Cut ‘‘C’’, Port Sutton En- tain of the Port St. Petersburg before trance Channel, and ends at the Port commencing the transit. Sutton LPG facility. (h) Prior to commencing the move- (2) For vessels loaded with LPG and ment, the person directing the move- bound for the LPG receiving terminal ment of the LPG vessel shall make a in Rattlesnake the safety zone starts security broadcast to advise mariners at Tampa Bay Cut ‘‘J’’ Channel from of the intended transit. All additional lighted buoy ‘‘10J’’ and proceeds north security broadcasts as recommended by through Tampa Bay Cut ‘‘K’’ Channel the U.S. Coast Pilot 5, ATLANTIC to buoy ‘‘11K.’’ When a loaded LPG ves- COAST, shall be made throughout the sel departs the marked channel at transit. Tampa Bay Cut ‘‘K’’ buoy ‘‘11K’’ (i) Vessels carrying LPG are per- enroute to Rattlesnake, Tampa, FL, mitted to enter and transit Tampa Bay the floating safety zone extends 500 and Hillsborough Bay and approaches yards in all directions surrounding the only with a minimum of three miles loaded LPG vessel, until it arrives at visibility. the entrance to Rattlesnake. While the (j) The Captain of the Port St. Pe- loaded LPG vessel is maneuvering in tersburg may waive any of the require- the Rattlesnake slip and until it is ments of this subpart for any vessel safely moored at the LPG facility, the upon finding that the vessel or class of floating safety zone extends 150 feet vessel, operational conditions, or other fore and aft of the loaded LPG vessel circumstances are such that applica- and the width of the slip. Moored ves- tion of this subpart is unnecessary or sels are allowed within the parameters impractical for purposes of port safety of the 150-foot safety zone. or environmental safety. (b) The floating safety zone is dis- (k) The owner, master, agent or per- established when the LPG carrier is son in charge of a vessel or barge, load- safely moored at the LPG receiving fa- ed with LPG shall report, at a min- cility. imum, the following information to the (c) For outbound tank vessels loaded Captain of the Port St. Petersburg at with LPG, the safety zone is estab- least twenty-four (24) hours before en- lished when the vessel departs the ter- tering Tampa Bay, its approaches, or minal and continues through the area departing Tampa Bay:

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(1) The name and country of registry erators may determine restrictions in of the vessel or barge; effect for the safety zone by coming (2) The name of the port or place of alongside a Coast Guard vessel patrol- departure; ling the perimeter of the safety zone. (3) The name of the port or place of (4) The Captain of the Port will issue destination; a Marine Safety Information Broadcast (4) The estimated time that the ves- Notice to Mariners to Notify the mari- sel is expected to begin its transit of time community of the safety zone and Tampa Bay and the time it is expected restrictions imposed. to commence its transit of the safety [Reg. 90–129, 55 FR 52272, Dec. 21, 1990] zone(s); and (5) The cargo carried and amount. EFFECTIVE DATE NOTE: At 55 FR 52272, Dec. 21, 1990, § 165.T0704 was added. This is an [COTP Tampa 00–054, 66 FR 14489, Mar. 13, emergency temporary rule and will remain 2001] in effect until terminated by the Captain of the Port Savannah, GA. § 165.T0704 Safety Zone: Savannah River, Savannah, Georgia. § 165.705 Port Canaveral Harbor, Cape (a) Location. The following area is a Canaveral, Florida. safety zone: Two hundred foot radius (a) Security Zone A—East (Trident) around Garden City Terminal, approxi- Basin, Port Canaveral Harbor, at Cape mate position 32 degrees 8 minutes, N, Canaveral Air Force Station, Brevard 81 degrees 9.5 minutes W, and around County, Florida. All waters of the East all cargo ships loaded with military Basin north of latitude 28°24′36″ N. equipment and transiting the Savan- (b) Security Zone B—Middle Basin, nah River. Port Canaveral Harbor, adjacent to the (b) Effective dates. This regulation be- Navy wharf at Cape Canaveral Air comes effective at 12 p.m. 14 December Force Station, Brevard County, Flor- 1990 until terminated by the Captain of ida. The waters of Port Canaveral Har- the Port, Savannah, GA. bor within a line circumscribing the (c) Regulation. In accordance with the water approaches to the Navy wharf general regulations in § 165.23 of this along the northeasterly edge of the part, entry into the zone is subject to Port Canaveral Harbor turning basin at the following requirements. a distance of 200 feet from all portions (1) All persons and vessels in the vi- of the wharf including the dolphins lo- cinity of the safety zone shall imme- cated 200 feet off the northwest end and diately obey any direction or order of 75 feet off the southeast end of the the Captain of the Port or a represent- wharf. ative of the Captain of the Port. (c) Entrance into these zones by ves- (2) The ‘‘representative of the Cap- sels other than vessels owned or leased tain of the Port’’ is any Coast Guard by the United States is prohibited commissioned, warrant or petty officer without permission of the Captain of who has been designated by the Cap- the Port, Jacksonville, Florida. tain of the Port, Savannah, GA to act (d) The general regulations governing on his behalf. A representative of the security zones contained in 33 CFR Captain of the Port may be contacted 165.33 apply. on board any Coast Guard vessel as- [CGD7 87–38, 53 FR 38718, Oct. 3, 1988; CGD7 signed to enforce the safety zone. 87–38, 54 FR 611, Jan. 9, 1989; CGD7 89–21, 54 (3) Before entering the safety zone, a FR 26198, June 22, 1989] vessel operator shall contact the Cap- tain of the Port or a representative of § 165.708 Safety/Security Zone; the Captain of the Port to determine Charleston Harbor and Cooper what restrictions, if any, have been im- River, Charleston, SC. posed on vessels in the safety zone. The (a) Regulated area. The following Captain of the Port may be contacted boundaries are established as a safety by telephone via the Command Duty and security zone during specified con- Officer at (912) 944–4371. Coast Guard ditions: vessels assisting in the enforcement of (1) All waters 200 yards ahead and the safety zone may be contacted on astern and 100 yards to each side of a VHF-FM channels 13 or 16, or vessel op- vessel transporting nuclear materials

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while the vessel transits from Charles- request permission to transit the secu- ton Harbor Entrance Buoy ‘‘C’’ (LLNR rity zone. 1885, position 32–39.6N, 079–40.9W) to the (2) If permission to transit the secu- Charleston Naval Weapons Station (po- rity zone is granted, all persons and sition 32–55.4N, 079–56.0W) on the Coo- vessels must comply with the instruc- per River. All coordinates referenced tions of the Captain of the Port or his use datum: NAD 1983. or her designated representative. (2) All waters within 100 yards of the [COTP Charleston 05–037, 70 FR 43282, July vessel described in paragraph (a)(1) of 27, 2005] this section while the vessel is conducting cargo operations at the § 165.711 Safety Zone: Port Everglades, Charleston Naval Weapons Station. Fort Lauderdale, FL. (b) Captain of the Port Charleston (a) Regulated area. A moving safety will announce the activation of the zone is established in the following safety/security zones described in para- area: graph (a) of this section by Broadcast (1) The waters around naval aircraft Notice to Mariners. The general regula- carriers entering Port Everglades in an tions governing safety and security area 700 yards forward, 500 yards astern zones contained in §§ 165.23 and 165.33 and 350 yards on either side of each ves- apply. sel, beginning at the Port Everglades [COTP Charleston 96–034, 61 FR 68156, Dec. 27, Sea Buoy in approximate position 1996] 26°05.5′ N, 80°04.8′ W and continuing until the vessel is safely moored in ap- § 165.709 Security Zone; Charleston proximate position 26°04.9′ N, 80°06.9′ W. Harbor, Cooper River, South Caro- All coordinates referenced use datum: lina. NAD 83. (a) Regulated area. The Coast Guard is (2) The waters around naval aircraft establishing a fixed security zone on all carriers departing Port Everglades in waters of the Cooper River, bank-to- an area 700 yards forward, 500 yards bank and surface to bottom, from the astern and 350 yards on either side of Don Holt I–526 Bridge to the intersec- each vessel beginning at the Pier in ap- tion of Foster Creek at a line on 32 de- proximate position 26°04.9′N, 80°06.9′W, grees 58 minutes North Latitude. and continuing until the stern passes (b) Enforcement period. This section the Port Everglades Sea Buoy, in ap- will be enforced when security assets proximate position 26°05.5′ N, 80°04.8′ W. are on scene and Sector Charleston has All coordinates referenced use datum: notified the maritime community that NAD 83. an Enforcement Period is in effect. (b) Regulations. (1) No person or ves- Sector Charleston will notify the mari- sel may enter, transit, or remain in the time community by broadcast notice safety zone unless authorized by the to mariners on VHF Marine Band Captain of the Port, Miami, Florida, or Radio, Channel 16 (156.8 MHz), or Ma- a Coast Guard commissioned, warrant, rine Safety Information Bulletins, or or petty officer designated by him. actual notice from on scene security (2) Vessels encountering emergencies assets enforcing the security zone. which require transit through the mov- (c) Regulations. During enforcement ing safety zone should contact the of the security zone described in para- Coast Guard patrol craft on VHF Chan- graph (a) of this section, vessels or per- nel 16. In the event of an emergency, sons are prohibited from entering, the Coast Guard patrol craft may au- transiting, mooring, anchoring, or loi- thorize a vessel to transit through the tering within the security zone unless safety zone with a Coast Guard des- authorized by the Captain of the Port ignated escort. Charleston, South Carolina or his or (3) All persons and vessels shall com- her designated representative. ply with the instructions of on-scene (1) Persons desiring to transit the patrol personnel. On-scene patrol per- Regulated Area may contact the Cap- sonnel include commissioned, warrant, tain of the Port via VHF-FM channel or petty officers of the U.S. Coast 16 or by telephone at (843) 720–3240 and Guard. Coast Guard Auxiliary and local

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or state officials may be present to in- of this section is effective beginning 11 form vessel operators of this regulation December 1990 and will remain in force and other applicable laws. until cancelled by the Captain of the [COTP MIAMI 96–054, 62 FR 32201, June 13, Port Jacksonville, Florida. 1997] (2) The COTP Jacksonville may activate, as necessary, any portion of the § 165.714 Regulated Navigation Area; safety/security zone described in para- Atlantic Ocean, Charleston, SC. graphs (a)(2) and (a)(3) of this section (a) Location. The following area is a by means of locally promulgated Regulated Navigation Area: A trape- broadcast notice to mariners. Once im- zoid at the water surface, and the en- plemented, neither overtaking nor tire water column from surface to sea- meeting situations will be allowed dur- bed inclusive of the vessel, bounded by ing specified vessel transits. the following four coordinates: (3) In accordance with the general Latitude Longitude regulations governing safety and security zones contained in 33 CFR 165.23 Western 32°42′56″ N 79°47′34″ W and 165.33 of this part, entry into any boundary. Southern 32°42′32″ N 79°46′42″ W portion of the described zone is prohib- boundary. ited unless authorized by the Captain Eastern 32°43′26″ N 79°45′27″ W of the Port Jacksonville, Florida. boundary. Northern 32°43′56″ N 79°46′08″ W (4) This regulation does not apply to boundary. authorized law enforcement agencies operating within the safety/security (NAD 83) zone. (b) Regulations. In accordance with the general regulations in § 165.23 of [COTP Jacksonville, FL Reg. 90–124, 55 FR this part, all vessels and persons are 51700, Dec. 17, 1990] prohibited from anchoring, diving, laying cable or conducting salvage oper- § 165.721 Safety Zone: St. Johns River, ations in this zone except as authorized Jacksonville, FL. by the Captain of the Port. (a) Location. The following area is es- [CGD 07–95–054, 60 FR 45047, Aug. 30, 1995] tablished as a safety zone during the specified conditions: The waters within § 165.720 Safety/Security Zone: St. a 500 yard radius of the fireworks barge Johns River, Jacksonville, FL. or barges during the storage, prepara- (a) Location. The water and the land tion, and launching of fireworks in the within the following boundaries are es- St. Johns River between the Hart and tablished as a safety and security zone Acosta Bridges. during specified conditions: (b) Effective dates. This section be- (1) All waters within 200 yards of comes effective upon activation by the Blount Island, Jacksonville, Florida Captain of the Port by the broad- and all adjacent land within 100 yards casting of a local Notice to Mariners on of the island shoreline during staging appropriate VHF-FM radio frequencies. of Department of Defense equipment It terminates at the conclusion of the and during the loading/unloading of fireworks display unless terminated military supply vessels. earlier by the Captain of the Port. (2) All waters within 200 yards of (c) Regulations. (1) In accordance with ‘‘any’’ waterfront facility at which a the general regulations in 165.23 of this laden military vessel is located and all part, anchoring, mooring or transiting land at the facility, including docks in this zone is prohibited unless au- and piers, within 100 yards of the St. thorized by the Captain of the Port or Johns River. District Commander. (3) All waters within 200 yards of any (2) This regulation does not apply to specified military supply vessel during its transit of the St. Johns River and authorized law enforcement agencies out to three (3) nautical miles offshore. operating within the Safety Zone. (b) Regulations. (1) For public notice, [COTP Jacksonville Reg. 94–027, 59 FR 55584, the zone described in paragraph (a)(1) Nov. 8, 1994]

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§ 165.722 Security Zone: St. Johns W to the N.W. 37th Avenue bridge in River, Jacksonville, Florida. approximate position 25°48′5″ N, 80°15′5″ (a) Location. The water located with- W. All coordinates referenced use in the following area is established as a datum: NAD 83. security zone: beginning at the shore- (b) Regulations. The restrictions in line of the St. Johns River at the this paragraph apply to vessels oper- northernmost property line of Naval ating within the regulated navigation Air Station Jacksonville next to areas in paragraph (a) of this section Timuquana Country Club, at 30°14′39.5″ unless authorized to deviate by the N, 81°40′45″ W; thence northeasterly to Captain of the Port, Miami, Florida, or 30°14′42″ N, 81°40′42″ W; thence south re- a Coast Guard commissioned, warrant, maining 400 feet from the shoreline at or petty officer designated by him. mean high water; thence past Piney (1) All rafted vessels (inboard and Point and Black Point to the northern outboard) must be properly moored in edge of Mulberry Cover Manatee ref- accordance with applicable municipal uge, 400 feet from Naval Air Station laws and regulations. Jacksonville boat ramp, at 30°13′00″ N, (2) At no time shall any vessels be 81°40′23.5″ W; thence southwesterly in a rafted more than two abreast. straight line to position 30°12′14″ N, (3) Neither single nor rafted vessels 81°40′42″ W; thence southerly, remain- shall extend greater than 54 feet into ing 400′ seaward of the mean high water the main river (measured from the shoreline to 30°11′40″ N, 81°41′15.5″ W; dock) without permission of the Cap- thence northwest to the point at the tain of the Port. end of the property line of Naval Air (4) A minimum channel width of 65 Station Jacksonville just north of the feet shall be maintained at all times on Buckman Bridge at position 30°11′42.30″ the Miami River from the Brickell Av- N, 81°41′23.66″ W; thence northeasterly enue Bridge west to the Tamiami along the mean high water shoreline of Canal. A minimum channel width of 45 the St. Johns River and Mulberry Cove feet shall be maintained at all times on to the point of beginning. Datum: NAD the Miami River west of the junction of 83 the Miami River and the Tamiami (b) In accordance with the general Canal to the South Florida Water Man- regulations in § 165.33 of this part, no agement District’s salinity dam, as person or vessel may enter or remain well as on the Tamiami Canal from its in the zone without the permission of mouth to the N.W. 37th Avenue Bridge. the Captain of the Port Jacksonville, (5) All moored and rafted vessels Florida. All other portions of § 165.33 shall provide safe access from the remain applicable. shore. (c) This regulation does not apply to (6) All moored and rafted vessels Coast Guard vessels and authorized law shall provide clear and ready access for enforcement vessels operating within land-based firefighters to safely and the Security Zone. quickly reach outboard rafted vessels. [COTP Jacksonville Reg. 93–115, 60 FR 65571, (7) No vessels shall moor or raft in Dec. 20, 1995] any manner as to impede safe passage of another vessel to any of the tribu- § 165.726 Regulated Navigation Areas; Miami River, Miami, Florida. taries of the Miami River. (8) Nothing in these regulations shall (a) Location. The following are Regu- prohibit the U.S. Army Corps of Engi- lated Navigation Areas: neers from requiring the relocation or (1) All the waters of the Miami River, movement of vessels in a declared flood Miami, Florida, from the Brickell Ave- emergency. nue Bridge, in approximate position (c) Enforcement. Violations of these 25°46′19″ N, 80°11′4″ W, inland to the regulated navigation areas should be South Florida Water Management Dis- reported to the Captain of the Port, trict’s salinity dam in approximate po- Miami. Persons in violation of these sition 25°48′4″ N, 80°15′6″ W. regulations will be subject to civil pen- (2) The Tamiami Canal from its alty under § 165.13(b) of this part. intersection with the Miami river in approximate position 25°47′7″ N, 80°14′7″ [CGD07–97–019, 62 FR 50512, Sept. 26, 1997]

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§ 165.728 Jacksonville, Florida—safety § 165.729 Jacksonville Harbor, Flor- zones. ida—security zone. (a) The water, land, and land and (a) The water, land, and land and water within the following boundaries water within the following boundaries are established as safety zones during are established as security zones dur- the specified conditions: ing the specified conditions: (1) 200 yards in all directions Zone A. (1) Zone A. 200 yards in all directions around any specified Maritime around any specified Maritime Prepositioned Ship as it transits between the St. Johns River entrance sea Prepositioned Ship as it transits be- buoy (STJ) and its berth inside the tween the St. Johns River entrance sea Mayport Basin (Ribault Bay), Mayport, buoy (STJ) and its berth inside the Florida. The prescribed safety zone will Mayport Naval Basin (Ribault Bay), also be in effect as the vessel transits Mayport, Florida. The prescribed secu- to its berth at Blount Island Marine rity zone will also be in effect as the Terminal, Jacksonville, Florida. vessel transits to its berth at Blount (2) Zone B. 100 yards in all directions Island Marine Terminal, Jacksonville, on land and 200 yards on water from Florida. the eastern end of Transit Shed #2 to (2) Zone B. 100 yards in all directions the east shore of Alligator Creek at on land and 200 yards on water from Blount Island Terminal, Jacksonville, the eastern end of Transit Shed #2 to Florida. the east shore of Alligator Creek at (3) Zone C: 100 yards in all directions Blount Island Terminal, Jacksonville, on land from Gate berth #1 and all Florida. waters within the Back River (locally (3) Zone C: 100 yards in all directions known as the Gate Slip) on Blount Is- land, Jacksonville, Florida, com- on land from Gate berth #1 and all mencing from a line drawn between the waters within the Back River (locally southwesterly most shore point lati- known as the Gate Slip) on Blount Is- tude 30°23′34″, longitude 81°30′52″ and land, Jacksonville, Florida, com- the southeasterly most shore point mencing from a line drawn between the latitude 30°23′38″, longitude 81°30′36″. southwesterly most shore point lati- (b) The areas described in paragraph tude 30°23′34″, longitude 81°30′52″ and (a) of this section may be closed to all the southeasterly most shore point vessels and persons, except those ves- latitude 30°23′38″, longitude 81°30′36″. sels and persons authorized by the (b) The areas described in paragraph Commander, Seventh Coast Guard Dis- (a) of this section shall be closed to all trict or the Captain of the Port, Jack- vessels and persons, except those ves- sonville, Florida, whenever specified sels and persons authorized by the Maritime Prepositioned Ships are Commander, Seventh Coast Guard Dis- transiting the St. Johns River (Zone trict or the Captain of the Port, Jack- A), moored at Blount Island (Zone B), sonville, Florida, whenever specified or moored at Gate Terminal (Zone C). Maritime Prepositioned Ships are (c) The general regulations governing transiting the St. Johns River (Zone safety zones contained in 33 CFR 165.23 apply. A), moored at Blount Island (Zone B), (d) The Captain of the Port Jackson- or moored at Gate Terminal (Zone C). ville, Florida will activate the safety (c) The general regulations governing zones or specific portions of them by security zones contained in 33 CFR issuing a local broadcast notice to 165.33 apply. mariners. The closing of the area at (d) The Captain of the Port Jackson- Blount Island, described above, will be ville, Florida will activate the security signified by the display of a rotating zones or specific portions of them by yellow light located on the waterfront issuing a local broadcast notice to at Blount Island Marine Terminal or at mariners. The closing of the area at the Gate Terminal Berth #1. Blount Island, described above, will be [CGD7 87–15, 52 FR 23442, June 22, 1987, as signified by the display of a rotating amended by CGD7 91–33, 56 FR 22826, May 17, yellow light located on the waterfront 1991]

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at Blount Island Marine Terminal or at the entrance channel east of the jet- the Gate Terminal Berth #1. ties. (c) Regulations. (1) The Captain of the [CGD7 87–16, 52 FR 23443, June 22, 1987, as amended by CGD7 91–34, 56 FR 22827, May 17, Port, Jacksonville, Florida will acti- 1991] vate the temporary safety/security zone described in paragraph (b) of this § 165.730 King’s Bay, Georgia—Regu- section by issuing a local broadcast no- lated navigation area. tice to mariners. Vessels transiting in the water (2) All persons and vessels in the vi- bounded by the line connecting the fol- cinity of the safety/security zone shall lowing points must travel no faster immediately obey any direction or than needed for steerageway: order of the Captain of the Port, Jack- sonville, Florida. Latitude Longtitude (3) The general regulations governing 30°48′00.0″ N 081°29′24.0″ W safety and security zones contained in 30°46′19.5″ N 081°29′17.0″ W 30°47′35.0″ N 081°30′16.5″ W 33 CFR 165.23 and .33 apply. No person and thence to the point of beginning or vessel may enter or remain within the designated zones without the per- [CGD7 92–41, 58 FR 38057, July 15, 1993] mission of the Captain of the Port, Jacksonville, Florida. § 165.731 Safety/Security Zone: Cum- (4) This regulation does not apply to berland Sound, Georgia and St. persons or vessels operating under the Marys River Entrance Channel. authority of the United States Navy (a) Location. A permanent safety/se- nor to authorized law enforcement curity zone is established within the agencies. following coordinates, the area en- [COTP Jacksonville Reg. 90–94, 55 FR 42374, closed by a line starting at 30°44′55″ N, Oct. 19, 1990] 081°29′39″ W; thence to 30°44′55″ N, 081°29′18″ W; thence to 30°46′35″ N, § 165.749 Security Zone: Escorted Ves- 081°29′18″ W; thence to 30°47′02″ N, sels, Savannah, Georgia, Captain of 081°29′34″ W; thence to 30°47′21″ N, the Port Zone. 081°29′39″ W; thence to 30°48′00″ N, (a) Definitions. The following defini- 081°29′42″ W; thence to 30°49′07″ N, tions apply to this section: 081°29′56″ W; thence to 30°49′55″ N, COTP means Captain of the Port Sa- 081°30′35″ W; thence to 30°50′15″ N, vannah, GA. 081°31′08″ W; thence to 30°50′14″ N, Designated representatives means 081°31′30″ W; thence to 30°49′58″ N, Coast Guard Patrol Commanders in- 081°31′45″ W; thence to 30°49′58″ N, cluding Coast Guard coxswains, petty 081°32′03″ W; thence to 30°50′12″ N, officers and other officers operating 081°32′17″ W; thence following the land Coast Guard vessels, and Federal, based perimeter boundary to the point State, and local officers designated by of origin. or assisting the COTP, in the enforce- (b) A temporary safety/security zone, ment of the security zone. when activated by the Captain of the Escorted vessel means a vessel, other Port, Jacksonville, Florida, encom- than a large U.S. naval vessel as de- passes all waters and land from bank to fined in 33 CFR 165.2015, that is accom- bank within Cumberland Sound and panied by one or more Coast Guard as- the St. Marys Entrance Channel: the sets or other Federal, State or local northern extent of this zone starts at law enforcement agency assets clearly the southern tip of Crab Island; lighted identifiable by lights, vessel markings, buoy number ‘‘1’’ at the mouth of the or with agency insignia as listed below: Amelia River demarks the southern (1) Coast Guard surface or air asset boundary; day marker number ‘‘2’’ at displaying the Coast Guard insignia. the mouth of the St. Marys River indi- (2) State and/or local law enforce- cates the western boundary; and the ment asset displaying the applicable eastern boundary extends out to three agency markings and/or equipment as- (3) nautical miles in the Atlantic sociated with the agency. Ocean, with the zone also encom- (3) When escorted vessels are moored, passing the waters within 1000 yards of dayboards or other visual indications

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such as lights or buoys may be used. In Guard assets or other Federal, State or all cases, broadcast notice to mariners local law enforcement agency assets will be issued to advise mariners of will be clearly identified by lights, ves- these restrictions. sel markings, or with agency insignia. Minimum safe speed means the speed When escorted vessels are moored, at which a vessel proceeds when it is dayboards or other visual indications fully off plane, completely settled in such as lights or buoys may be used. the water and not creating excessive (f) Contact information. The COTP Sa- wake. Due to the different speeds at vannah may be reached via phone at which vessels of different sizes and con- (912) 652–4353. Any on scene Coast figurations may travel while in compli- Guard or designated representative as- ance with this definition, no specific sets may be reached via VHF–FM chan- speed is assigned to minimum safe nel 16. speed. In no instance should minimum [USCG–2007–0157, 73 FR 37837, July 2, 2008] safe speed be interpreted as a speed less than that required for a particular ves- § 165.751 Security Zone: LNG mooring sel to maintain steerageway. A vessel slip, Savannah River, Savannah, is not proceeding at minimum safe Georgia. speed if it is: (a) Security zone. The following area (1) On a plane; is a security zone: All the waters from (2) In the process of coming up onto surface to bottom of the northeastern or coming off a plane; or most mooring dolphin located at ap- (3) Creating an excessive wake. proximately 32[deg]05.01′ North, (b) Regulated area. All navigable 080[deg]59.38′ West, to the southeastern waters, as defined in 33 CFR 2.36, with- most mooring dolphin located at ap- in the Captain of the Port Zone, Savan- proximately 32[deg]04.79′ North, nah, Georgia 33 CFR 3.35–15. 080[deg]59.35′ West, and continues west (c) Security zone. A 300-yard security along the North and South shoreline of zone is established around each es- the mooring slip to the shoreline of the corted vessel within the regulated area right descending bank of the Savannah described in paragraph (b) of this sec- River. All marine traffic is prohibited tion. This is a moving security zone from entering this zone unless author- when the escorted vessel is in transit ized by the Captain of the Port (COTP). and becomes a fixed zone when the es- (b) Applicability. This section applies corted vessel is anchored or moored. A to all vessels including naval and other security zone will not extend beyond public vessels, except vessels that are the boundary of the regulated area in engaged in the following operations: this section. (1) Law enforcement, security, or (d) Regulations. (1) The general regu- search and rescue; lations for security zones contained in (2) Servicing aids to navigation; § 165.33 of this part apply to this sec- (3) Surveying, maintenance, or im- tion. provement of waters in the security (2) A vessel may request the permis- zone; or sion of the COTP Savannah or a des- (4) Actively engaged in escort, ma- ignated representative to enter the se- neuvering, or support duties for an curity zone described in paragraph (c) LNG tankship. of this section. If permitted to enter (c) Regulations. In accordance with the security zone, a vessel must pro- the general regulations in § 165.33 of ceed at the minimum safe speed and this part, entry into or movement must comply with the orders of the within this zone is prohibited unless COTP or a designated representative. authorized by the Captain of the Port No vessel or person may enter the Savannah or vessels engaged in activi- inner 50-yard portion of the security ties defined in paragraph (b). zone closest to the vessel. (d) Reporting of violations. Violations (e) Notice of security zone. The COTP of this section should be reported to will inform the public of the existence the Captain of the Port, Savannah, at or status of the security zones around (912) 652–4353. escorted vessels in the regulated area [COTP SAVANNAH 06–160, 72 FR 27246, May by Broadcast Notice to Mariners. Coast 15, 2007]

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§ 165.752 Sparkman Channel, Tampa, caused by an underwater pipeline. The Florida—regulated navigation area. regulated navigation area is in (a) A regulated navigation area is es- Sparkman Channel between the lines tablished to protect vessels from lim- connecting the following points (ref- ited water depth in Sparkman Channel erenced in NAD 83):

Latitude Longitude Latitude Longitude

1: 27°56′20.5″ N 082°26′42.0″ W ...... to 27°56′19.3″ N ...... 82°26′37.5″ W 2: 27°55′32.0″ N 082°26′54.0″ W ...... to 27°55′30.9″ N ...... 82°26′49.1″ W

(b) Ships requiring Federal or State (5) Prior to transiting the intersec- pilotage shall not meet or overtake tion of Tampa Bay Cut F Channel, other like vessels in Sparkman Chan- Tampa Bay Cut G Channel, and Gads- nel. den Point Cut Channel; (c) Vessels having a draft of more (6) Prior to anchoring or approaching than 35.5 feet may not transit a berth for docking; Sparkman Channel. (7) Prior to tending hawser; (d) Vessels having a draft of 34.5 feet, (8) Prior to transiting Point Pinellas but not over 35.5 feet, may transit Channel Light 1 in either direction. Sparkman Channel only when the tide (c) Each Navigational Advisory re- is at least one foot above mean low quired by this section shall be made in water. the English language and will contain (e) Vessels with a draft of 30 feet or the following information: greater shall transit as near as possible (1) The words ‘‘Hello all vessels, a to the center of the channel. Navigational Advisory follows’’; (2) Name of vessel; [CGD7 90–52, 56 FR 36005, July 30, 1991, as amended by USCG–1998–3799, 63 FR 35532, (3) If engaged in towing, the nature of June 30, 1998] the tow; (4) Direction of Movement; § 165.753 Regulated navigation area; (5) Present location; and, Tampa Bay, Florida. (6) The nature of any hazardous con- (a) The following is a regulated navi- ditions as defined by 33 CFR 160.203. gation area (RNA): All the navigable (d) Nothing in this section shall su- waters of Tampa Bay, Hillsborough persede either the International Regu- Bay and Old Tampa Bay, including all lations for Preventing Collisions at navigable waterways tributary thereto. Sea, 1972 (72 COLREGS) or the Inland Also included are the waters of Egmont Navigation Rules, as applicable, or re- Channel, Gulf of Mexico from Tampa lieve the Master or person in charge of Bay to the seabuoy, Tampa Lighted the vessel of responsibility for the safe Whistle Buoy T, LLNR 18465. navigation of the vessel. (b) The master, pilot, or person in [CGD07–94–094, 60 FR 58519, Nov. 28, 1995] charge of any vessel of 50 meters or greater shall give a Navigational Advi- § 165.754 Safety Zone: San Juan Har- sory Broadcast in accordance with 47 bor, San Juan, PR. CFR 80.331 on VHF-FM channel 13 at (a) Regulated area. A moving safety the following broadcast/reporting zone is established in the following points: area: (1) Prior to getting underway from (1) The waters around Liquefied Pe- any berth or anchorage; troleum Gas ships entering San Juan (2) Prior to entering Egmont Channel Harbor in an area one half mile around from seaward; each vessel, beginning one mile north (3) Prior to passing Egmont Key in of the San Juan Harbor #1 Sea Buoy, in any direction; approximate position 18–29.3N, 66–07.6W (4) Prior to transiting the Skyway and continuing until the vessel is safe- Bridge in either direction; ly moored at either the Gulf Refinery

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Oil dock or the Catano Oil dock in ap- or petty officers of the U.S. Coast proximate position 18–25.8N, 66–06.5W. Guard. Coast Guard Auxiliary and local All coordinates referenced use datum: or state officials may be present to in- NAD 83. form vessel operators of the require- (2) The waters around Liquefied Pe- ments of this section, and other appli- troleum Gas ships departing San Juan cable laws. Harbor in an area one half mile around [COTP SAN JUAN 97–045, 63 FR 27681, May each vessel beginning at either the 20, 1998, as amended by USCG–2001–9286, 66 Gulf Refinery Oil dock or Catano Oil FR 33641, June 25, 2001; USCG–2008–0179, 73 dock in approximate position 18–25.8N, FR 35017, June 19, 2008] 66–06.5W when the vessel gets underway, and continuing until the stern § 165.755 Safety Zone; Guayanilla, passes the San Juan Harbor #1 Sea Puerto Rico Buoy, in approximate position 18–28.3N, (a) The following area is established 66–07.6W. All coordinates referenced use as a safety zone during the specified datum: NAD 83. conditions: (b) Regulations. (1) No person or ves- (1) A 100 yard radius surrounding a sel may enter, transit or remain in the vessel carrying Liquefied Natural Gas safety zone unless authorized by the (LNG) while transiting north of Lati- Captain of the Port, San Juan, Puerto tude 17°56.0′ N in the waters of the Car- Rico, or a designated Coast Guard com- ibbean Sea, on approach to or depar- missioned, warrant, or petty officer. ture from the Eco-Electrica waterfront (2) Vessels encountering emergencies facility in Guayanilla Bay, Puerto which require transit through the mov- Rico. The safety zone remains in effect ing safety zone should contact the until the LNG vessel is docked at the Coast Guard patrol craft on VHF Chan- Eco-Electrica waterfront facility or nel 16. In the event of an emergency, south of Latitude 17°56.0′ N. the Coast Guard patrol craft may au- (2) The waters within 150 feet of a thorize a vessel to transit through the LNG vessel when the vessel is along- safety zone with a Coast Guard des- side the Eco-Electrica waterfront facil- ignated escort. ity in Guayanilla Bay, at position (3) The Captain of the Port and the 17°58.55′ N, 066°45.3′ W. This safety zone Duty Officer at Sector San Juan, Puer- remains in effect while the LNG vessel to Rico, can be contacted at telephone is docked with product aboard or is number 787–289–2041. The Coast Guard transferring LNG. Patrol Commander enforcing the safety (b) In accordance with the general zone can be contacted on VHF-FM regulations in 165.23 of this part, an- channels 16 and 22A. choring, mooring or transiting in these (4) Coast Guard Sector San Juan will zones is prohibited unless authorized notify the marine community of peri- by the Coast Guard Captain of the ods during which these safety zones Port. will be in effect by providing advance (c) Coast Guard Sector San Juan will notice of scheduled arrivals and depar- notify the maritime community of pe- tures of Liquefied Petroleum Gas ves- riods during which the safety zones sels via a marine broadcast Notice to will be in effect by providing advance Mariners. notice of scheduled arrivals and depar- (5) Should the actual time of entry of tures of LNG vessels via a marine the Liquefied Petroleum Gas vessel broadcast Notice to Mariners. vary more than one half hour from the [COTP San Juan 00–095, 66 FR 16870, Mar. 28, scheduled time stated in the broadcast 2001, as amended by USCG–2008–0179, 73 FR Notice to Mariners, the person direct- 35017, June 19, 2008] ing the movement of the Liquefied Pe- troleum Gas vessel shall obtain permis- § 165.756 Regulated Navigation Area; sion from Captain of the Port San Juan Savannah River, Georgia. before commencing the transit. (a) Regulated Navigation Area (RNA). (6) All persons and vessels shall com- The Savannah River between Fort ply with the instructions of on-scene Jackson (32°04.93′ N, 081°02.19′ W) and patrol personnel. On-scene patrol per- the Savannah River Channel Entrance sonnel include commissioned, warrant, Sea Buoy is a regulated navigation

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area when an LNG tankship in excess Operator means the person who owns, of heel is transiting the area or moored operates, or is responsible for the oper- at the LNG facility. All coordinates are ation of a facility or vessel. North American Datum 1983. Savannah River Channel Entrance Sea (b) Definitions. The following defini- Buoy means the aid to navigation lations apply to this section: beled R W ‘‘T’’ Mo (A) WHIS on the Na- Bare steerage way means the min- tional Oceanic and Atmospheric Ad- imum speed necessary for a ship to ministration’s (NOAA) Nautical Chart maintain control over its heading. 11512. Bollard pull means an industry stand- Standby means readily available at ard used for rating tug capabilities and the facility and equipped to provide a is the pulling force imparted by the tug ready means of assistance to maintain to the towline. It means the power that a safe zone around LNG tankships, pro- an escort tug can apply to its working vide emergency firefighting assistance, line(s) when operating in a direct and aid the LNG tankship in the event mode. of an emergency departure. Underway means that a vessel is not Direct mode means a towing technique at anchor, not made fast to the shore, defined as a method of operation by or not aground. which a towing vessel generates tow- (c) Applicability. This section applies line forces by thrust alone at an angle to all vessels operating within the equal to or nearly equal to the towline, RNA, including naval and other public or thrust forces applied directly to the vessels, except vessels that are engaged escorted vessel’s hull. in the following operations: means a length of wire rope Fire Wire (1) Law enforcement, security, or or chain hung from the bow and stern search and rescue; of a vessel in port to allow the vessel to (2) Servicing aids to navigation; be towed away from the pier in case of (3) Surveying, maintenance, or im- fire; also called fire warp or emergency provement of waters in the RNA; or towing wire. (4) Actively engaged in escort, ma- Heel means the minimum quantity of neuvering, or support duties for an liquefied natural gas (LNG) retained in LNG tankship. an LNG tankship after unloading at (d) Regulations—(1) Requirements for the LNG facility to maintain tempera- vessel operations while a LNG tankship, ture, pressure, and/or prudent oper- carrying LNG in excess of heel, is under- ations. A quantity of LNG less than way within the RNA. (i) Except for a five percent (5 %) of the LNG tank- vessel that is moored at a marina, ship’s carrying capacity shall be pre- wharf, or pier, and remains moored, no sumed to be heel. vessel 1,600 gross tons or greater may Indirect mode means a towing tech- come within two nautical miles of a nique defined as a method of operation LNG tankship, carrying LNG in excess by which an escorting towing vessel of heel, which is underway within the generates towline forces by a combina- Savannah River shipping channel with- tion of thrust and hydrodynamic forces out the permission of the Captain of resulting from a presentation of the the Port (COTP). underwater body of the towing vessel (ii) All vessels less than 1,600 gross at an oblique angle to the towline. This tons shall keep clear of transiting LNG method increases the resultant bollard tankships. pull, thereby arresting and controlling (iii) The owner, master, or operator the motion of an escorted vessel. of a vessel carrying liquefied natural LNG tankship means a vessel as de- gas (LNG) shall: scribed in 46 CFR 154. (A) Comply with the notice require- Made-up means physically attached ments of 33 CFR part 160. The COTP by cable, towline, or other secure may delay the vessel’s entry into the means in such a way as to be imme- RNA to accommodate other commer- diately ready to exert force on a vessel cial traffic. being escorted. (B) Obtain permission from the COTP Make-up means the act of, or prep- before commencing the transit into the arations for becoming made-up. RNA.

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(C) Not enter or get underway within LNG vessel bridge watch required in the RNA if visibility during the transit paragraph (d)(5) of this section. is not sufficient to safely navigate the (4) Requirements while LNG tankships channel, and/or wind speed is, or is ex- are moored both inside the LNG facility pected to be, greater than 25 knots. slip and outside the LNG facility slip. (i) (D) While transiting the RNA, the When one LNG tankship is moored in- LNG tankship, carrying LNG in excess side and one LNG tankship is moored of heel, shall have a minimum of two outside of the LNG facility slip, the escort towing vessels with a minimum LNG tankship moored outside of the of 100,000 pounds of bollard pull, 4,000 LNG facility slip shall have on-scene a horsepower and capable of safely oper- minimum of two escort towing vessels ating in the indirect mode. At least one each with a minimum of 100,000 pounds of the towing vessels shall be FiFi of bollard pull, 4,000 horsepower and ca- Class 1 equipped. pable of safely operating in the indi- (2) Requirements while an LNG tank- rect mode in order to escort transiting ship is moored outside of the LNG facility vessels 1,600 gross tons or greater past slip. (i) An LNG tankship moored out- the moored LNG tankship. At least one side of the LNG facility slip shall have of these towing vessels shall be FiFi on-scene a minimum of two escort tow- Class 1 equipped. In addition, the LNG ing vessels each with a minimum of tankship moored inside of the slip shall 100,000 pounds of bollard pull, 4,000 have at least one standby towing vessel horsepower and capable of safely oper- with a minimum of 100,000 pounds of ating in the indirect mode in order to bollard pull, 4,000 horsepower and FiFi escort transiting vessels 1,600 gross Class 1 equipped to take appropriate tons or greater past the moored LNG actions in an emergency as directed by tankship. At least one of these towing the LNG vessel bridge watch required vessels shall be FiFi Class 1 equipped. in paragraph (d)(5) of this section. (ii) When one LNG tankship is (ii) In addition to the two towing ves- moored outside and two LNG tankships sels required by paragraph (d)(2)(i) of are moored inside the LNG facility this section, the LNG tankship moored slip, the LNG tankship moored outside outside of the slip shall have at least of the LNG facility slip shall have on- one standby towing vessel with a min- scene a minimum of two escort towing imum of 90,000 pounds of bollard pull to vessels each with a minimum of 100,000 take appropriate actions in an emer- pounds of bollard pull, 4,000 horsepower gency as directed by the LNG vessel and capable of safely operating in the bridge watch required in paragraph indirect mode in order to escort (d)(5) of this section. transiting vessels 1,600 gross tons or (3) Requirements while LNG tankships greater past the moored LNG tankship. are moored inside the LNG facility slip. (i) At least one of these towing vessels An LNG tankship moored inside the shall be FiFi Class 1 equipped. In addi- LNG facility slip shall have two stand- tion, the LNG tankships moored inside by towing vessels with a minimum ca- of the slip shall have at least one pacity of 100,000 pounds of bollard pull, standby towing vessel between the two 4,000 horsepower, and the ability to op- ships with a minimum of 100,000 pounds erate safely in the indirect mode. At of bollard pull, 4,000 horsepower and least one of these towing vessels shall FiFi Class 1 equipped to take appro- be FiFi Class 1 equipped. The standby priate actions in an emergency as di- towing vessels shall take appropriate rected by the LNG vessel bridge watch action in an emergency as directed by required in paragraph (d)(5) of this sec- the LNG vessel bridge watch required tion. in paragraph (d)(5) of this section. (iii) In the event of an actual emer- (ii) If two LNG tankships are moored gency, escort towing vessels can be uti- inside the LNG facility slip, each vessel lized as stand-by towing vessels to take shall provide a standby towing vessel appropriate actions as directed by the that is FiFi class 1 equipped with a LNG vessel bridge watch required in minimum capacity of 100,000 pounds of paragraph (d)(5) of this section. bollard pull and 4,000 horsepower that (5) Requirements for moored LNG tank- is available to assist as directed by the ships. (i) While moored within the RNA,

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each LNG tankship shall maintain a (iii) Vessels 1,600 gross tons or great- bridge watch consisting of a docking er shall make a broadcast on channel pilot or licensed deck officer who shall 13 at the following points on the Sa- monitor all vessels transiting past the vannah River: LNG facility. In addition, the LNG (A) Buoy ‘‘33’’ in the vicinity of Bridge Watch shall communicate with Fields Cut for inbound vessels; the pilots of vessels greater than 1600 (B) Buoy ‘‘53’’ in the vicinity of Fort gross tons at the points identified in Jackson for outbound vessels. section (d)(6)(iii) of this section prior (iv) Vessels 1,600 gross tons or greater to passing the LNG facility in order to shall at a minimum, transit at bare take actions of the towing vessel(s) re- steerageway when within an area 1,000 quired in paragraphs (d)(2) through (4) yards on either side of the LNG facility of this section. slip to minimize potential wake or (ii) While moored within the RNA, surge damage to the LNG facility and LNG tankships shall have emergency vessel(s) within the slip. towing wires (fire wires) positioned one meter above the waterline, both on the (v) Vessels 1,600 gross tons or greater off-shore bow and quarter of the ship. shall not meet nor overtake within an LNG vessels equipped with waterline area 1,000 yards on either side of the bollards are exempt from this require- LNG facility slip when an LNG tank- ment. ship is present within the slip. (6) Requirements for other vessels while (vi) All vessels less than 1,600 gross within the RNA. (i) Transiting vessels tons shall not approach within 70 yards 1,600 gross tons or greater, when pass- of an LNG tankship, carrying LNG in ing an LNG tankship moored outside of excess of heel, without the permission the LNG facility slip, shall have a min- of the Captain of the Port. imum of two towing vessels with a (vii) Except for vessels involved in minimum capacity of 100,000 pounds of those operations noted in paragraph (c) bollard pull, 4,000 horsepower, and the of this section entitled Applicability, ability to operate safely in the indirect no vessel shall enter the LNG facility mode, made-up in such a way as to be slip at any time without the permis- immediately available to arrest and sion of the Captain of the Port. control the motion of an escorted ves- (e) Waivers. (1) The COTP may waive sel in the event of steering, propulsion any requirement in this section, if the or other casualty. At least one of the COTP finds that it is in the best inter- towing vessels shall be FiFi Class 1 est of safety or in the interest of na- equipped. While it is anticipated that tional security. Such waivers may be vessels will utilize the towing vessel verbal or in writing. services required in paragraphs (d)(2)(i) (2) An application for a waiver of and (d)(4)(i) of this section, this section these requirements must state the does not preclude escorted vessel oper- compelling need for the waiver and de- ators from providing their own towing scribe the proposed operation and vessel escorts, provided they meet the methods by which adequate levels of requirements of this part. safety are to be obtained. (A) Outbound vessels shall be made- up and escorted from Bight Channel (f) Enforcement. Violations of this sec- Light 46 until the vessel is safely past tion should be reported to the Captain the LNG dock. of the Port, Savannah, at (912) 652–4353. (B) Inbound vessels shall be made-up In accordance with the general regula- and escorted from Elba Island Light 37 tions in § 165.13 of this part, no person until the vessel is safely past the LNG may cause or authorize the operation dock. of a vessel in the regulated navigation (ii) The requirements in paragraph area contrary to the provisions of this (d)(6)(i) of this section do not apply section. when one or more LNG tankships are [CGD07–05–138, 72 FR 2453, Jan. 19, 2007] moored in the LNG facility slip and no LNG tankship is moored at the pier outside of the LNG facility slip.

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§ 165.757 Safety Zones; Ports of Ponce, on VHF Marine Band Radio, Channel 16 Tallaboa, and Guayanilla, Puerto (156.8 MHz). Rico and Limetree Bay, St. Croix, U.S.V.I. [COTP San Juan 02–038, 67 FR 60867, Sept. 27, 2002, as amended by USCG–2008–0179, 73 FR (a) Location. The following areas are 35017, June 19, 2008] established as a safety zones during the specified conditions: § 165.758 Security Zone; San Juan, (1) Port of Ponce, Puerto Rico. A 100- Puerto Rico. yard radius surrounding all Liquefied Hazardous Gas (LHG) vessels with (a) Location. Moving and fixed secu- product aboard while transiting north rity zones are established 50 yards of Latitude 17°57.0′ N in the waters of around all cruise ships entering, de- the Caribbean Sea on approach to or parting, moored or anchored in the departing from the Port of Ponce, Port of San Juan, Puerto Rico. The se- Puerto Rico (NAD 83). The safety zone curity zone for a cruise ship entering remains in effect until the LHG vessel port is activated when the vessel is one is docked. mile north of the #3 buoy, at approxi- (2) Port of Tallaboa, Puerto Rico. A 100- mate position 18°28′17′ N, 66°07′37.5′ W. yard radius surrounding all Liquefied The security zone for a vessel is deacti- Hazardous Gas (LHG) vessels with vated when the vessel passes this buoy product aboard while transiting north on its departure from the port. of Latitude 17°56.0′ N in the waters of (b) Regulations. (1) Under general reg- the Caribbean Sea on approach to or ulations in § 165.33 of this part, enter- departing from the Port of Tallaboa, ing, anchoring, mooring or transiting Puerto Rico (NAD 83). The safety zone in these zones is prohibited unless au- remains in effect until the LHG vessel thorized by the Coast Guard Captain of is docked. the Port of San Juan. (3) Port of Guayanilla, Puerto Rico. A (2) Persons desiring to transit the 100-yard radius surrounding all Lique- fied Hazardous Gas (LHG) vessels area of the security zone may contact around with product aboard while the Captain of the Port at the Sector transiting north of Latitude 17°57.0′ N San Juan at (787) 289–2041 or via VHF in the waters of the Caribbean Sea on radio on Channel 16 to seek permission approach to or departing from the Port to transit the area. If permission is of Guayanilla, Puerto Rico (NAD 83). granted, all persons and vessels must The safety zone remains in effect until comply with the instructions of the the LHG vessel is docked. Captain of the Port or his designated (4) Port of Limetree Bay, St. Croix, representative. U.S.V.I. A 100-yard radius surrounding (3) The Coast Guard Sector San Juan all Liquefied Hazardous Gas (LHG) ves- will attempt to notify the maritime sels with product aboard while community of periods during which transiting north of Latitude 17°39.0′ N these security zones will be in effect by in the waters of the Caribbean Sea on providing advance notice of scheduled approach to or departing from the Port arrivals and departures of cruise ships of Limetree Bay, U.S.V.I. (NAD 83). via a broadcast notice to mariners. The safety zone remains in effect until (c) Definition. As used in this section, the LHG vessel is docked. cruise ship means a passenger vessel (b) Regulations. In accordance with greater than 100 feet in length that is the general regulations in § 165.23 of authorized to carry more than 150 pas- this part, anchoring, mooring or transiting in these zones is prohibited sengers for hire, except for a ferry. unless authorized by the Coast Guard (d) Authority. In addition to 33 U.S.C Captain of the Port. Coast Guard Sec- 1231 and 50 U.S.C. 191, the authority for tor San Juan will notify the maritime this section includes 33 U.S.C. 1226. community of periods during which [CGD07–02–042, 67 FR 76991, Dec. 16, 2002, as these safety zones will be in effect by amended by USCG–2008–0179, 73 FR 35017, providing advance notice of scheduled June 19, 2008] arrivals and departures on LHG carriers via a broadcast notice to mariners

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§ 165.759 Security Zones; Ports of (1) Rattlesnake, Tampa, FL. All water, Jacksonville, Fernandina, and Ca- from surface to bottom, in Old Tampa naveral, Florida. Bay east and south of a line com- (a) Regulated area. Moving security mencing at position 27°53.32′ N, zones are established 100 yards around 082°32.05′ W; north to 27°53.36′ N, all tank vessels, cruise ships, and mili- 082°32.05′ W, including on land portions tary pre-positioned ships during tran- of Chemical Formulators Chlorine Fa- sits entering or departing the ports of cility, where the fenced area is bounded Jacksonville, Fernandina, and Canav- by a line connecting the following eral, Florida. These moving security points: 27°53.21′ N, 082°32.11′ W; west to zones are activated when the subject 27°53.22′ N, 082°32.23′ W; then north to vessels pass the St. Johns River Sea 27°53.25′ N, 082°32.23′ W; then west again Buoy, at approximate position 30 deg. to 27°53.25′ N, 082°32.27′ W; then north 23′ 35″ N, 81 deg, 19′ 08″ West, when en- again to 27°53.29′ N, 082°32.25′ W; then tering the port of Jacksonville, or pass east to 27°53.30′ N, 082°32.16′ W; then Port Canaveral Channel Entrance southeast terminating at 27°53.21′ N, Buoys # 3 or # 4, at respective approxi- 082°32.11′ W. mate positions 28 deg. 22.7 N, 80 deg 31.8 (2) Old Port Tampa, Tampa, FL. All W, and 28 deg. 23.7 N, 80 deg. 29.2 W, waters, from surface to bottom, in Old when entering Port Canaveral. Fixed Tampa Bay encompassed by a line con- security zones are established 100 yards necting the following points: 27°51.62′ around all tank vessels, cruise ships, N, 082°33.14′ W; east to 27°51.71′ N, and military pre-positioned ships 082°32.5′ W; north to 27°51.76′ N, 082°32.5′ docked in the Ports of Jacksonville, W; west to 27°51.73′ N, 082°33.16′ W; and Fernandina, and Canaveral, Florida. south to 27°51.62′ N, 082°33.14′ W, closing (b) Regulations. In accordance with off the Old Port Tampa channel. the general regulations § 165.33 of this (3) Sunshine Skyway Bridge, FL. All part, entry into these zones is prohib- waters in Tampa Bay, from surface to ited except as authorized by the Cap- bottom, in Cut ‘‘A’’ channel beneath tain of the Port, or a Coast Guard com- the bridge’s main span encompassed by missioned, warrant, or petty officer a line connecting the following points: designated by him. The Captain of the 27°37.30′ N, 082°39.38′ W to 27°37.13′ N, Port will notify the public of any 082°39.26′ W; and the bridge structure changes in the status of this zone by columns, base and dolphins. This zone Marine Safety Radio Broadcast on VHF is specific to the bridge structure and Marine Band Radio, Channel 22 (157.1 dolphins and does not include waters MHz). adjacent to the bridge columns or dol- (c) Definition. As used in this section: phins outside of the bridge’s main span. cruise ship means a passenger vessel, (4) Vessels carrying hazardous cargo, except for a ferry, greater than 100 feet Tampa, FL. All waters, from surface to in length that is authorized to carry bottom, 200 yards around vessels more than 12 passengers for hire. moored in Tampa Bay carrying or (d) Authority. In addition to 33 U.S.C. transferring Liquefied Petroleum Gas 1231 and 50 U.S.C. 191, the authority for (LPG), Anhydrous Ammonia (NH3) and/ this section includes 33 U.S.C. 1226. or grade ‘‘A’’ and ‘‘B’’ flammable liquid [COTP Jacksonville 02–066, 68 FR 3186, Jan. cargo. Any vessel transiting within the 23, 2003] outer 100 yards of the zone for moored vessels carrying or transferring Lique- § 165.760 Security Zones; Tampa Bay, fied Petroleum Gas (LPG), Anhydrous Port of Tampa, Port of Saint Peters- Ammonia (NH3) and/or grade ‘‘A’’ and burg, Port Manatee, Rattlesnake, ‘‘B’’ cargo may operate unless other- Old Port Tampa, Big Bend, Weedon wise directed by the Captain of the Island, and Crystal River, Florida. Port or his designee but must proceed (a) Location. The following areas, de- through the area at the minimum noted by coordinates fixed using the speed necessary to maintain safe navi- North American Datum of 1983 (World gation. No vessel may enter the inner Geodetic System 1984), are security 100-yard portion of the security zone zones: closest to the vessel.

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(5) Piers, seawalls, and facilities, Port ning at 27°38.00′ N, 082°33.81′ W; con- of Tampa and Port Sutton, Tampa, FL. tinuing east to 27°38.00′ N, 082°33.53′ W. All waters, from surface to bottom, ex- (9) Moving cruise ships in the Port of tending 50 yards from the shore, sea- Tampa, Port of Saint Petersburg, and wall, and piers around facilities in Port Port Manatee, Florida. All waters, from Sutton within the Port of Tampa en- surface to bottom, extending 200 yards compassed by a line connecting the fol- around all cruise ships entering or de- lowing points: 27°54.15′ N, 082°26.11′ W; parting Port of Tampa, Port of Saint east northeast to 27°54.19′ N, 082°26.00′ Petersburg, or Port Manatee, Florida. W; then northeast to 27°54.37′ N, These temporary security zones are ac- 082°25.72′ W, closing off all Port Sutton tivated on the inbound transit when a channel; then northerly to 27°54.48′ N, cruise ship passes the Tampa Lighted 082°25.70′ W. Whistle Buoy ‘‘T’’, located at 27°35.35′ (6) Piers, seawalls, and facilities, Port N, 083°00.71′ W and terminate when the of Tampa, East Bay and the eastern side vessel is moored at a cruise ship ter- of Hooker’s Point. All waters, from sur- minal. The security zones are activated face to bottom, extending 50 yards on the outbound transit when a cruise from the shore, seawall and piers ship gets underway from a terminal around facilities on East Bay and on and terminates when the cruise ship the East Bay Channel within the Port passes the Tampa Lighted Whistle of Tampa encompassed by a line con- Buoy ‘‘T’’, located at 27°35.35′ N, necting the following points: 27°56.05′ 083°00.71′ W. Any vessel transiting with- N, 082°25.95′ W, southwesterly to in the outer 100 yards of the zone for a 27°56.00′ N, 082°26.07′ W, then southerly cruise ship may operate unless other- to 27°55.83′ N, 082°26.07′ W, then south- wise directed by the Captain of the easterly to 27°55.55′ N, 082°25.75′ W, then Port or his designee but must proceed south to 27°54.75′ N, 082°25.75′ W, then through the area at the minimum southwesterly and terminating at speed necessary to maintain safe navi- point 27°54.57′ N, 082°25.86′ W. gation. No vessel may enter the inner (7) Piers, seawalls, and facilities, Port 100-yard portion of the security zone of Tampa, on the western side of Hooker’s closest to the vessel. Point, Tampa, FL. All waters, from sur- (10) Moored cruise ships in the Port of face to bottom, extending 50 yards Tampa, Port of Saint Petersburg, and from the shore, seawall, and piers Port Manatee, Florida. All waters, from around facilities on Hillsborough Bay surface to bottom, extending 200 yards northern portion of Cut ‘‘D’’ channel, around moored cruise ships in the Sparkman channel, Ybor Turning Ports of Tampa, Saint Petersburg, or Basin, and Ybor channel within the Port Manatee, Florida. Any vessel Port of Tampa encompassed by a line transiting within the outer 100 yards of connecting the following points: the zone of moored cruise ships may 27°54.74′ N, 082°26.47′ W; northwest to operate unless otherwise directed by 27°55.25′ N, 082°26.73′ W; then north- the Captain of the Port or his designee northwest to 27°55.60′ N, 082°26.80′ W; but must proceed through the area at then north-northeast to 27°56.00′ N, the minimum speed necessary to main- 082°26.75′ W; then northeast to 27°56.58′ tain safe navigation. No vessel may N, 082°26.53′ W; and north to 27°57.29′ N, enter the inner 100-yard portion of the 082°26.51′ W; west to 27°57.29′ N, 082°26.61′ security zone closest to the vessel. W; then southerly to 27°56.65′ N, (11) Saint Petersburg Harbor, FL. All 082°26.63′ W; southwesterly to 27°56.58′ waters, from surface to bottom, ex- N, 082°26.69′ W; then southwesterly and tending 50 yards from the seawall and terminating at 27°56.53′ N, 082°26.90′ W. around all moorings and vessels in (8) Piers, seawalls, and facilities, Port Saint Petersburg Harbor (Bayboro Har- of Manatee. All waters, from surface to bor), commencing on the north side of bottom, within the Port of Manatee ex- the channel at dayboard ‘‘10’’ in ap- tending 50 yards from the shore, sea- proximate position 27°45.56′ N, 082°37.55′ wall and piers around facilities. This W, and westward along the seawall to security zone encompasses all piers and the end of the cruise terminal in ap- seawalls of the cruise terminal berths 9 proximate position 27°45.72′ N, 082°37.97′ and 10 in Port Manatee, Florida begin- W. The zone will also include the Coast

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Guard south moorings in Saint Peters- 27°51.68′ N, 082°35.78′ W; then north to burg Harbor. The zone will extend 50 27°51.75′ N, 082°35.78′ W, closing off en- yards around the piers commencing trance to the canal; then north to from approximate position 27°45.51′ N, 27°51.89′ N, 082°35.82′ W; then west along 082°37.99′ W; to 27°45.52′ N, 082°37.57′ W. the shore to 27°51.89′ N, 082°36.10′ W; The southern boundary of the zone is then west to 27°51.89′ N, 082°36.14′ W, shoreward of a line between the enclosing off entrance to the canal. trance to Salt Creek easterly to Green (b) Definitions. As used in this sec- Daybeacon 11 (LLN 2500). tion— (12) Crystal River Nuclear Power Plant. Cruise ship means a vessel required to All waters, from surface to bottom, comply with 33 CFR part 120. around the Florida Power Crystal River nuclear power plant located at Designated representative means Coast the end of the Florida Power Corpora- Guard Patrol Commanders including tion Channel, Crystal River, Florida, Coast Guard coxswains, petty officers encompassed by a line connecting the and other officers operating Coast following points: 28°56.87′ N, 082°45.17′ W Guard vessels, and federal, state, and (Northwest corner); 28°57.37′ N, 082°41.92′ local officers designated by or assisting W (Northeast corner); 28°56.81′ N, the Captain of the Port (COTP), in the 082°45.17′ W (Southwest corner); and enforcement of regulated navigation 28°57.32′ N, 082°41.92′ W (Southeast cor- areas, safety zones, and security zones. ner). (c) Regulation. (1) Entry into or re- (13) Crystal River Demory Gap Channel. maining on or within the zones de- All waters, from surface to bottom, in scribed in paragraph (a) of this section the Demory Gap Channel in Crystal is prohibited unless authorized by the River, Florida, encompassed by a line Captain of the Port Sector St. Peters- connecting the following points: burg or a designated representative. ° ′ ° ′ 28 57.61 N, 082 43.42 W (Northwest cor- (2) Persons desiring to transit the ° ′ ° ′ ner); 28 57.53 N, 082 41.88 W (Northeast area of the security zone may contact corner); 28°57.60′ N, 082°43.42′ W (South- the Captain of the Port Sector St. Pe- west corner); and 28°57.51′ N, 082°41.88′ tersburg or a designated representative W (Southeast corner). on VHF channel 16 to seek permission (14) Big Bend Power Plant, FL. All waters of Tampa Bay, from surface to to transit the area. If permission is bottom, adjacent to the Big Bend granted, all persons and vessels must Power Facility, and within an area comply with the instructions of the bounded by a line connecting the fol- Captain of the Port or designated rep- lowing points: 27°48.08′ N, 082°24.88′ W; resentative. In the case of moving secu- then northwest to 27°48.15′ N, 082°24.96′ rity zones, notification of activation of W; then southwest to 27°48.10′ N, these zones will be given by Broadcast 082°25.00′ W; then south-southwest to Notice to Mariners on VHF FM Marine 27°47.85′ N, 082°25.03′ W; then southeast Band Radio, Channel 22A. For vessels to 27°47.85′ N, 082°24.79′ W; then east to not equipped with a radio, there will 27°47.55′ N, 082°24.04′ W; then north to also be on site notification via a des- 27°47.62′ N, 082°84.04′ W; then west to ignated representative of the Captain 27°47.60′ N, 082°24.72′ W; then north to of the Port. 27°48.03′ N, 082°24.70′ W; then northwest to 27°48.08′ N, 082°24.88′ W, closing off NOTE TO § 165.760(c)(2): A graphical rep- entrance to Big Bend Power Facility resentation of all fixed security zones will be and the attached cooling canal. made available via the Coast Pilot and nautical charts. (15) Weedon Island Power Plant, FL. All waters of Tampa Bay, from surface (3) Enforcement. Under § 165.33, no per- to bottom, extending 50-yards from the son may cause or authorize the oper- shore, seawall and piers around the ation of a vessel in the security zones Power Facility at Weedon Island en- contrary to the provisions of this sec- compassed by a line connecting the fol- tion. lowing points: 27°51.52′ N, 082°35.82′ W; then north and east along the shore to 27°51.54′ N, 082°35.78′ W; then north to

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(d) Authority. In addition to 33 U.S.C. located at Bridge road, in approximate 1231 and 50 U.S.C. 191, the authority for position 25°46.33′ N, 080°09.12′ W, which this section includes 33 U.S.C. 1226. leads to Star Island, and MacArthur Causeway directly extending across the [COTP Tampa 02–053, 68 FR 52342, Sept. 3, 2003, as amended by USCG–2007–0062, 73 FR Main Channel to the Port of Miami, at 1282, Jan. 8, 2008] 25°46.26′ N, 080°09.18′ W. The fixed security zone is activated when two or § 165.761 Security Zones; Port of Palm more passenger vessels, vessels car- Beach, Port Everglades, Port of rying cargoes of particular hazard, or Miami, and Port of Key West, Flor- vessels carrying liquefied hazardous ida. gas (LHG) as defined in 33 CFR parts (a) Location. The following areas are 120, 126 and 127 respectively, enter or security zones: moor within this zone. (1) Fixed and moving security zones (i) Vessels may be allowed to transit around vessels in the Ports of Palm the Main Channel when only one pas- Beach, Port Everglades, Miami, and Key senger vessel or vessel carrying cargoes West, Florida. Moving security zones of particular hazard are berthed, by are established 100 yards around all staying on the north side of the law en- passenger vessels, vessels carrying car- forcement boats and cruise ship goes of particular hazard, or vessels tenders which will mark a transit lane carrying liquefied hazardous gas (LHG) in channel. as defined in 33 CFR parts 120, 126 and (ii) When passenger vessels are not 127 respectively, during transits enter- berthed on the Main Channel, naviga- ing or departing the Ports of Palm tion will be unrestricted. Law enforce- Beach, Port Everglades, Miami or Key ment vessels can be contacted on VHF West, Florida. These moving security Marine Band Radio, Channel 16 (156.8 zones are activated when the subject MHz). vessel passes: ‘‘LW’’ buoy, at approxi- (3) Fixed security zones in the Port Ev- mate position 26°46.3′ N, 080°00.6′ W, erglades. A fixed security zone encom- when entering the Port of Palm Beach, passes all waters west of an imaginary passes ‘‘PE’’ buoy, at approximate po- line starting at the northern most sition 26°05.5′ N, 080°04.8′ W, when enter- point 26°05.98′ N, 080°07.15′ W, near the ing Port Everglades; the ‘‘M’’ buoy, at west side of the 17th Street Causeway approximate position 25°46.1′ N, 080°05.0′ Bridge, to the southern most point W, when entering the Port of Miami; 26°05.41′ N, 080°06.96′ W, on the northern and ‘‘KW’’ buoy, at approximate posi- tip of pier 22. An additional fixed secu- tion 24°27.7′ N, 081°48.1′ W, when enter- rity zone encompasses the Intracoastal ing the Port of Key West. Fixed secu- Waterway between a line connecting rity zones are established 100 yards point 26°05.41′ N, 080°06.97′ W, on the around all passenger vessels, vessels northern tip of berth 22 and a point di- carrying cargoes of particular hazard rectly east across the Intracoastal Wa- or liquefied hazardous gas (LHG) as de- terway to 26°05.41′ N, 080°06.74′ W; and a fined in 33 CFR parts 120, 126 and 127 re- line drawn from the corner of Port Ev- spectively, while they are docked in erglades berth 29 at point 26°04.72′ N, the Ports of Palm Beach, Port Ever- 080°06.92′ W, easterly across the Intra- glades, Miami or Key West, Florida. coastal Waterway to John U. Lloyd (2) Fixed security zone in the Port of Beach, State Recreational Area at Miami, Florida. A fixed security zone point 26°04.72′ N, 080°06.81′ W. encompasses all waters between Wat- (i) Vessels may be allowed to transit son Park and Star Island on the Mac- the Intracoastal Waterway when pas- Arthur Causeway south to the Port of senger vessels or vessels carrying car- Miami. The western boundary is goes of particular hazard are berthed, formed by an imaginary line from by staying east of the law enforcement points 25°46.79′ N, 080°10.90′ W, to vessels and cruise ship tenders, which 25°46.77′ N, 080°10.92′ W to 25°46.88′ N, will mark a transit lane in the Intra- 080°10.84′ W, and ending on Watson coastal Waterway. Park at 25°47.00′ N, 080°10.67′ W. The (ii) Periodically, vessels may be re- eastern boundary is formed by an quired to temporarily hold their posi- imaginary line from the traffic light tions while large commercial traffic

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operates in this area. Vessels in this se- practical for the purpose of port secu- curity zone must follow the orders of rity, safety or environmental safety. the COTP or his designated representa- (c) Definition. As used in this section, tive, who may be embarked in law en- cruise ship means a passenger vessel forcement or other vessels on scene. greater than 100 feet in length and over When passenger vessels are not berthed 100 gross tons that is authorized to on the Intracoastal Waterway, naviga- carry more than 12 passengers for hire tion will be unrestricted. Law enforce- making voyages lasting more than 24 ment vessels can be contacted on VHF hours, except for a ferry. Marine Band Radio, Channel 16 (156.8 (d) Authority. In addition to 33 U.S.C. MHz). 1231 and 50 U.S.C. 191, the authority for (b) Regulations. (1) Prior to com- this section includes 33 U.S.C. 1226. mencing the movement, the person directing the movement of a passenger [COTP Miami 02–115, 68 FR 3189, Jan. 23, 2003] vessel, a vessel carrying cargoes of particular hazard or a vessel carrying liq- § 165.762 Security Zone; St. Thomas, uefied hazardous gas (LHG) as defined U.S. Virgin Islands. in Title 33, Code of Federal Regulations (a) Location. Moving and fixed secu- parts 120, 126 and 127 respectively, is rity zones are established 50 yards encouraged to make a security broad- around all cruise ships entering, de- cast on VHF Marine Band Radio, Chan- parting, moored or anchored in the nel 13 (156.65 MHz) to advise mariners Port of St. Thomas, U.S. Virgin Is- of the moving security zone activation lands. The security zone for a cruise and intended transit. ship entering port is activated when (2) In accordance with the general the vessel passes: St. Thomas Harbor regulations § 165.33 of this part, entry green lighted buoy 3 in approximate into these zones is prohibited except as position 18°19′19″ North, 64°55′40″ West authorized by the Captain of the Port when entering the port using St. Miami or his designated representa- Thomas Channel; red buoy 2 in approxi- tive. Other vessels such as pilot boats, mate position 18°19′15″ North, 64°55′59″ cruise ship tenders, tug boats and con- West when entering the port using East tracted security vessels may assist the Gregorie Channel; and red lighted buoy Coast Guard Captain of the Port under 4 in approximate position 18°18′16″ the direction of his designated rep- North, 64°57′30″ West when entering the resentative by monitoring these zones port using West Gregorie Channel. strictly to advise mariners of the re- These zones are deactivated when the strictions. The Captain of the Port will cruise ship passes any of these buoys notify the public via Marine Safety Radio Broadcast on VHF Marine Band on its departure from the Port. Radio, Channel 16 (156.8 MHz) when the (b) Regulations. (1) Under general reg- security zones are being enforced. ulations in § 165.33 of this part, enter- (3) Persons desiring to enter or tran- ing, anchoring, mooring or transiting sit the area of the security zone may in these zones is prohibited unless au- contact the Captain of the Port at (305) thorized by the Coast Guard Captain of 535–8701 or on VHF Marine Band Radio, the Port of San Juan. Channel 16 (156.8 MHz) to seek permis- (2) Persons desiring to transit the sion to transit the area. If permission area of the security zone may contact is granted, all persons and vessels must the Captain of the Port at the Sector comply with the instructions of the San Juan at (787) 289–2041 or via VHF Captain of the Port or his or her des- radio on Channel 16 to seek permission ignated representative. to transit the area. If permission is (4) The Captain of the Port Miami granted, all persons and vessels must may waive any of the requirements of comply with the instructions of the this subpart for any vessel upon finding Captain of the Port or his designated that the vessel or class of vessel, oper- representative. ational conditions, or other cir- (3) Coast Guard Sector San Juan will cumstances are such that application attempt to notify the maritime com- of this subpart is unnecessary or im- munity of periods during which these

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security zones will be in effect by pro- will be in effect by providing advance viding advance notice of scheduled ar- notice of scheduled arrivals and depar- rivals and departures of cruise ships tures of cruise ships via a broadcast no- via a broadcast notice to mariners. tice to mariners. (c) Definition. As used in this section, (c) Definition. As used in this section, cruise ship means a passenger vessel cruise ship means a passenger vessel greater than 100 feet in length that is greater than 100 feet in length that is authorized to carry more than 150 pas- authorized to carry more than 150 passengers for hire, except for a ferry. sengers for hire, except for a ferry. (d) Authority. In addition to 33 U.S.C (d) Authority. In addition to 33 U.S.C. 1231 and 50 U.S.C. 191, the authority for 1231 and 50 U.S.C. 191, the authority for this section includes 33 U.S.C. 1226. this section includes 33 U.S.C. 1226. [COTP San Juan 03–024, 68 FR 33391, June 4, [COTP San Juan 05–002, 70 FR 22256, Apr. 29, 2003, as amended by USCG–2008–0179, 73 FR 2005] 35017, June 19, 2008] § 165.764 [Reserved] § 165.763 Moving and Fixed Security Zone, Port of Fredericksted, Saint § 165.765 Regulated Navigation Area; Croix, U.S. Virgin Islands. Port Everglades Harbor, Fort Lau- (a) Location. A moving and fixed secu- derdale, Florida. rity zone is established that surrounds (a) Location. The following area in all cruise ships entering, departing, Port Everglades harbor is a regulated mooring or anchoring in the Port of navigation area: all waters of Port Ev- Fredericksted, Saint Croix, U.S. Virgin erglades harbor, from shore to shore, Islands. The security zone extends from encompassed by a line commencing at the cruise ship outward and forms a 50- the south mid-point tip of Harbor yard radius around the vessel, from Heights approximately 26°05.687′ N, surface to bottom. The security zone 080°06.684′ W; thence south across Bar for a cruise ship entering port is acti- Cut to a point north of the Nova Uni- vated when the vessel is within one versity Marina approximately 26°05.552′ nautical mile west of the Fredericksted N, 080°06.682′ W, thence southwesterly Pier lights. The security zone for a ves- to a point near the center of Lake sel is deactivated when the cruise ship Mabel approximately 26°05.482′ N, is beyond one nautical mile west of the 080°06.793′ W, thence northwesterly to a Fredericksted Pier lights. The point near the Quick Flashing Red #12 Fredericksted Pier lights are at the approximately 26°05.666′ N, 080°06.947′ W, following coordinates: 17°42′49″ N, thence east to south mid-point tip of 64°53′19″ W. All coordinates are North Harbor Heights (starting point) ap- American Datum 1983 (NAD 1983). proximately 26°05.687′ N, 080°06.684′ W. (b) Regulations. (1) Under general reg- (b) Regulations. Vessels less than 150 ulations in § 165.33 of this part, enter- meters entering and transiting through ing, anchoring, mooring, or transiting the regulated navigation area shall in these zones is prohibited unless au- proceed at a slow speed. Nothing in thorized by the Coast Guard Captain of this section alleviates vessels or opera- the Port San Juan or their designated tors from complying with all state and representative. local laws in the area including man- (2) Persons desiring to transit atee slow speed zones. Nor should any- through a security zone may contact thing in this section be construed as the Captain of the Port San Juan who conflicting with the requirement to op- can be reached on VHF Marine Band erate at safe speed under the Inland Radio, Channel 16 (156.8 Mhz) or by Navigation Rules, 33 U.S.C. 2001 et seq. calling (787) 289–2041, 24-hours-a-day, 7- (c) Definition. As used in this section, days-a-week. If permission is granted, slow speed means the speed at which a all persons and vessels must comply vessel proceeds when it is fully off with the instructions of the Captain of plane, completely settled in the water the Port or designated representative. and not creating excessive wake. Due (3) Sector San Juan will attempt to to the different speeds at which vessels notify the maritime community of pe- of different sizes and configurations riods during which these security zones may travel while in compliance with

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this definition, no specific speed is as- (b) Definitions. As used in this sec- signed to slow speed. A vessel is not tion, designated representative means proceeding at slow speed if it is: Coast Guard Patrol Commanders in- (1) On a plane; cluding Coast Guard coxswains, petty (2) In the process of coming up on or officers and other officers operating coming off of plane; or Coast Guard vessels, and Federal, (3) Creating an excessive wake. State, and local officers designated by or assisting the Captain of the Port [CDG07–03–069, 68 FR 63991, Nov. 12, 2003] (COTP), in the enforcement of regulated navigation areas, safety zones, § 165.766 Security Zone: HOVENSA Re- finery, St. Croix, U.S. Virgin Is- and security zones. lands. (c) Regulation. (1) Entry into or remaining on or within the security zone (a) Regulated area. The Coast Guard is is prohibited unless authorized by the establishing a security zone in and Captain of the Port Sector St. Peters- around the HOVENSA Refinery on the burg or his designee. south coast of St. Croix, U.S. Virgin Is- (2) Persons desiring to transit the se- lands. This security zone includes all curity zone may contact the Captain of waters from surface to bottom, encom- the Port Sector St. Petersburg or his passed by an imaginary line connecting designee on VHF channel 16 to seek the following points: Point 1: 17°41′31″ permission to transit the area. If per- North, 64°45′09″ West, Point 2: 17°39′36″ mission is granted, all persons and ves- North, 64°44′12″ West, Point 3: 17°40′00″ sels must comply with the instructions North, 64°43′36″ West, Point 4: 17°41′48″ of the Captain of the Port or des- North, 64°44′25″ West, and returning to ignated representative. the point of origin. These coordinates (3) Enforcement. Under § 165.33, no per- are based upon North American Datum son may cause or authorize the oper- 1983 (NAD 1983). ation of a vessel in the security zone (b) Regulations. (1) Under § 165.33, contrary to the provisions of this sec- entry into or remaining in the security tion. zone in paragraph (a) of this section is [USCG–2007–0061, 73 FR 3651, Jan. 22, 2008] prohibited unless authorized by the Coast Guard Captain of the Port San § 165.768 Security Zone; MacDill Air Juan or vessels have a scheduled ar- Force Base, Tampa Bay, FL. rival in accordance with the Notice of (a) Location. The following area is a Arrival requirements of 33 CFR part security zone which exists concurrent 160, subpart C. with an Army Corps of Engineers re- (2) Persons and vessels desiring to stricted area in § 334.635 of this title. transit the Regulated Area may con- All waters within Tampa Bay, Florida tact the U.S. Coast Guard Captain of in the vicinity of MacDill Air Force the Port, San Juan, at telephone num- Base, including portions of the waters ber 787–289–2041 or on VHF channel 16 of Hillsborough Bay, Old Tampa Bay, (156.8 MHz) to seek permission to tran- and Tampa Bay, encompassed by a line sit the area. If permission is granted, connecting the following coordinates: all persons and vessels must comply latitude 27°51′52.901″ N., longitude with the instructions of the Captain of 82°29′18.329″ W., thence directly to lati- the Port. tude 27°52′00.672″ N., longitude [COTP San Juan 05–007, 72 FR 43537, Aug. 6, 82°28′51.196″ W., thence directly to lati- 2007] tude 27°51′28.859″ N., longitude 82°28′10.412″ W., thence directly to lati- § 165.767 Security Zone; Manbirtee tude 27°51′01.067″ N., longitude Key, Port of Manatee, Florida. 2°27′45.355″ W., thence directly to lati- (a) Regulated area. The following area tude 27°50′43.248″ N., longitude is a security zone: All waters, from sur- 82°27′36.491″ W., thence directly to lati- face to bottom, surrounding Manbirtee tude 27°50′19.817″ N., longitude Key, Tampa Bay, FL extending 500 82°27′35.466″ W., thence directly to lati- yards from the island’s shoreline, in all tude 27°49′38.865″ N., longitude directions, not to include the Port 82°27′43.642″ W., thence directly to lati- Manatee Channel. tude 27°49′20.204″ N., longitude

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82°27′47.517″ W., thence directly to lati- Coast Guard vessels, and federal, state, tude 27°49′06.112″ N., longitude and local officers designated by or as- 82°27′52.750″ W., thence directly to lati- sisting the COTP, in the enforcement tude 27°48′52.791″ N., longitude of the security zone. 82°28′05.943″ W., thence directly to lati- Escorted vessel means a vessel, other tude 27°48′45.406″ N., longitude than a large U.S. naval vessel as de- 82°28′32.309″ W., thence directly to lati- fined in 33 CFR 165.2015, that is accom- tude 27°48′52.162″ N., longitude panied by one or more Coast Guard as- 82°29′26.672″ W., thence directly to lati- sets or other Federal, State or local tude 27°49′03.600″ N., longitude law enforcement agency assets clearly 82°30′23.629″ W., thence directly to lati- identifiable by lights, vessel markings, tude 27°48′44.820″ N., longitude or with agency insignia as listed below: 82°31′10.000″ W., thence directly to lati- Coast Guard surface or air asset dis- tude 27°49′09.350″ N., longitude playing the Coast Guard insifnia. 82°32′24.556″ W., thence directly to lati- State and/or local law enforcement tude 27°49′38.620″ N., longitude asset displaying the applicable agency 82°33′02.444″ W., thence directly to lati- markings and/or equipment associated tude 27°49′56.963″ N., longitude with the agency. 82°32′45.023″ W., thence directly to lati- When escorted vessels are moored, tude 27°50′05.447″ N., longitude dayboards or other visual indications 82°32′48.734″ W., thence directly to lati- such as lights or buoys may be used. In tude 27°50′33.715″ N., longitude all cases, broadcast notice to mariners 82°32’45.220″ W., thence directly to a will be issued to advise mariners of point on the western shore of the base these restrictions. at latitude 27°50′42.836″ N., longitude Minimum safe speed means the speed 82°32′10.972″ W. at which a vessel proceeds when it is (b) Definitions. The following defini- fully off plane, completely settled in tion applies to this section. Designated the water and not creating excessive representative means Coast Guard Pa- wake. Due to the different speeds at trol Commanders including Coast which vessels of different sizes and con- Guard coxswains, petty officers and figurations may travel while in compli- other officers operating Coast Guard ance with this definition, no specific vessels, and federal, state, and local of- speed is assigned to minimum safe ficers designated by or assisting the speed. In no instance should minimum Captain of the Port St. Petersburg safe speed be interpreted as a speed less (COTP), in the enforcement of regu- than that required for a particular ves- lated navigation areas, safety zones, sel to maintain steerageway. A vessel and security zones. is not proceeding at minimum safe (c) Regulations. In accordance with speed if it is: the general regulations in § 165.33 of (1) On a plane; this part, entry into, anchoring, moor- (2) In the process of coming up onto ing, or transiting this zone by persons or coming off a plane; or or vessels is prohibited without the (3) Creating an excessive wake. prior permission of the Coast Guard (b) Regulated area. All navigable Captain of the Port St. Petersburg or a waters, as defined in 33 CFR 2.36, with- designated representative. in the Captain of the Port Zone, [USCG–2008–0013, 73 FR 6613, Feb. 5, 2008] Charleston, South Carolina 33 CFR 3.35–15. § 165.769 Security Zone; Escorted Ves- (c) Security zone. A 300-yard security sels, Charleston, South Carolina, zone is established around each es- Captain of the Port Zone corted vessel within the regulated area (a) Definitions. The following defini- described in paragraph (b) of this sections apply to this section: tion. This is a moving security zone COTP means Captain of the Port when the escorted vessel is in transit Charleston, SC. and becomes a fixed zone when the es- Designated representatives means corted vessel is anchored or moored. A Coast Guard Patrol Commanders in- security zone will not extend beyond cluding Coast Guard coxswains, petty the boundary of the regulated area in officers and other officers operating this section.

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(d) Regulations. (1) The general regu- tion is prohibited unless authorized by lations for security zones contained in the Coast Guard Captain of the Port § 165.33 of this part applies to this sec- San Juan or vessels have a scheduled tion. arrival at HOVENSA, Limetree Bay, (2) A vessel may request the permis- St. Croix, in accordance with the No- sion of the COTP Charleston or a des- tice of Arrival requirements of 33 CFR ignated representative to enter the se- part 160, subpart C. curity zone described in paragraph (c) (2) Persons and vessels desiring to of this section. If permitted to enter transit the Regulated Area may con- the security zone, a vessel must pro- tact the U.S. Coast Guard Captain of ceed at the minimum safe speed and the Port San Juan at telephone num- must comply with the orders of the ber 787–289–2041 or on VHF channel 16 COTP or a designated representative. (156.8 MHz) to seek permission to tran- No vessel or person may enter the sit the area. If permission is granted, inner 50-yard portion of the security all persons and vessels must comply zone closest to the vessel. with the instructions of the Captain of (e) Notice of security zone. The COTP the Port. will inform the public of the existence or status of the security zones around [USCG–2008–0284, 73 FR 27746, May 14, 2008] escorted vessels in the regulated area by Broadcast Notice to Mariners. Coast § 165.771 Safety Zone; Bahia de Ponce, Guard assets or other Federal, State or Puerto Rico local law enforcement agency assets (a) Location. The following area is es- will be clearly identified by lights, ves- tablished as a safety zone during the sel markings, or with agency insignia. specified conditions: When escorted vessels are moored, (1) A 100 yard radius around any ves- dayboards or other visual indications sel carrying Liquefied Natural Gas such as lights or buoys may be used. (LNG) cargo while transiting north of (f) Contact information. The COTP Latitude 17°54′00″ N in the waters of the Charleston may be reached via phone Caribbean Sea and the Bahia de Ponce, at (843) 724–7616. Any on scene Coast on approach to or departure from the Guard or designated representative as- Puerto de Ponce waterfront facility in sets may be reached via VHF-FM chan- Bahia de Ponce. nel 16. (2) The waters within 150 feet of any [USCG–2007–0115, 73 FR 30562, May 28, 2008] vessel carrying LNG cargo while moored at the Puerto de Ponce water- § 165.770 Security Zone: HOVENSA Re- front facility in Bahia de Ponce, be- finery, St. Croix, U.S. Virgin Is- tween berths 4 and 7 at approximate lands. position 17°58′12″N, 066°37′08″ W. (a) Regulated area. The Coast Guard is (b) Definitions. The following defini- establishing a security zone in and tions apply to this section: around the HOVENSA Refinery on the Designated representative means Coast south coast of St. Croix, U.S. Virgin Is- Guard Patrol Commander including lands. This security zone includes all Coast Guard coxswains, petty officers waters from surface to bottom, encom- and other officers operating Coast passed by an imaginary line connecting Guard vessels and federal, state, and the following points: Point 1 in posi- local officers designated by or assisting tion 17°41′31″ N, 064°45′09″ W; Point 2 in the COTP San Juan in the enforcement position 17°39′36″ N, 064°44′12″ W; Point 3 of the safety zone. in position 17°40′00″ N, 064°43′36″ W; (c) Regulations. In accordance with Point 4 in position 17°41′48″ N, 064°44′25″ the general regulations in § 165.23 of W; then tracing the shoreline along the this part, anchoring, mooring or water’s edge to the point of origin. transiting in these zones is prohibited These coordinates are based upon unless authorized by the Coast Guard North American Datum 1983 (NAD Captain of the Port or a designated 1983). representative. Persons and vessels de- (b) Regulations. (1) Under § 165.33, siring to transit the Regulated Area entry into or remaining within the reg- may contact the U.S. Coast Guard Cap- ulated area in paragraph (a) of this sec- tain of the Port San Juan at telephone

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number 787–289–2041 or on VHF channel (1) On a plane; 16 (156.9 MHz). (2) In the process of coming up onto (d) Enforcement periods. The Coast or coming off a plane; or Guard will notify the maritime com- (3) Creating an excessive wake. munity of effective periods via a broad- (b) Regulated area. All navigable cast notice to mariners on VHF Marine waters, as defined within Captain of Band Radio, Channel 22A (156.8 MHz). the Port Zone, Jacksonville, Florida as defined in 33 CFR 3.35–20. [USCG–2007–0075, 73 FR 54951, Sept. 24, 2008] (c) Security zone. A 500-yard security § 165.773 Security Zone; Escorted Ves- zone is established around each es- sels in Captain of the Port Zone corted vessel within the regulated area Jacksonville, Florida. described in paragraph (b) of this sec- (a) Definitions. The following definition. This is a moving security zone tions apply to this section: when the escorted vessel is in transit COTP means Captain of the Port and becomes a fixed zone when the es- Jacksonville, FL. corted vessel is anchored or moored. A Designated representatives means security zone will not extend beyond Coast Guard Patrol Commanders in- the boundary of the regulated area in cluding Coast Guard coxswains, petty this section. officers and other officers operating (d) Regulations. (1) The general regu- Coast Guard vessels or aircraft, and lations for security zones contained in federal, state, and local officers des- § 165.33 of this part applies to this sec- ignated by or assisting the COTP, in tion. the enforcement of the security zone. (2) A vessel may request the permis- Escorted vessel means a vessel, other sion of the COTP or a designated rep- than a large U.S. naval vessel as de- resentative to enter the security zone fined in 33 CFR 165.2015, that is accom- described in paragraph (c) of this sec- panied by one or more Coast Guard as- tion. If permitted to enter the security sets or other Federal, State, or local zone, a vessel must proceed at the min- law enforcement agency assets clearly imum safe speed and must comply with identifiable by lights, vessel markings, the orders of the COTP or a designated or with agency insignia as follows: representative. No vessel or person (1) Coast Guard surface or air asset may enter the inner 100-yard portion of displaying the Coast Guard insignia. the security zone closest to the vessel. (2) State and/or local law enforce- (e) Notice of security zone. The COTP ment asset displaying the applicable will inform the public of the existence agency markings and/or equipment as- or status of the security zones around sociated with the agency. escorted vessels in the regulated area (3) When escorted vessels are moored, by Broadcast Notice to Mariners. Coast dayboards or other visual indications Guard assets or other Federal, State or such as lights or buoys may be used. In local law enforcement agency assets all cases, broadcast notice to mariners will be clearly identified by lights, ves- will be issued to advise mariners of sel markings, or with agency insignia. these restrictions. When escorted vessels are moored, Minimum safe speed means the speed dayboards or other visual indications at which a vessel proceeds when it is such as lights or buoys may be used. fully off plane, completely settled in (f) Contact information. The COTP the water and not creating excessive Jacksonville may be reached via phone wake. Due to the different speeds at at (904) 564–7513. Any on scene Coast which vessels of different sizes and con- Guard or designated representative as- figurations may travel while in compli- sets may be reached via VHF–FM chan- ance with this definition, no specific nel 16. speed is assigned to minimum safe [USCG–2008–0203, 73 FR 28710, May 19, 2008] speed. In no instance should minimum safe speed be interpreted as a speed less § 165.775 Safety Zone; Captain of the than that required for a particular ves- Port Zone Jacksonville; Offshore sel to maintain steerageway. A vessel Cape Canaveral, Florida. is not proceeding at minimum safe (a) Regulated area. (1) Zone (A) is de- speed if it is: fined by four latitude and longitude

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corner points. Zone A originates from to Mariners on VHF–FM channel 16, the baseline at position 28°45.7′ N, Public Notice, on-scene presence, and 080°42.7′ W; then proceeds northeast to by the display of a yellow ball from a 28°50.1′ N, 080°29.9′ W; then proceeds 90-foot pole near the shoreline at ap- southeast to 28°31.3′ N, 080°19.6′ W; then proximately 28°35′00″ N, 080°34′36″ W, proceeds west back to the baseline at and from a 90-foot pole near the shore- position 28°31.3′ N, 080°33.4′ W. line at approximately 28°25′18″ N, (2) Zone (B) is defined by four lati- 080°35′00″ W. Coast Guard assets or tude and longitude corner points. Zone other Federal, State, or local law en- B originates from the baseline at posi- forcement assets will be clearly identi- ° ′ ° ′ tion 28 40.1 N, 080 38.4 W; then pro- fied by lights, markings, or with agen- ceeds northeast to 28°48.8′ N, 080°28.9′ W; cy insignia. then proceeds southeast to 28°29.7′ N, 080°18.9′ W; then proceeds west back to (e) Contact information. The COTP the baseline at position 28°29.7′ N, Jacksonville may be reached by tele- 080°31.6′ W. phone at (904) 564–7513. Any on-scene (3) Zone (C) is defined by four lati- Coast Guard or designated representa- tude and longitude corner points. Zone tive assets may be reached on VHF–FM C originates from the baseline at posi- channel 16. ° ′ ° ′ tion 28 36.2 N, 080 35.3 W; then pro- [USCG–2008–0411, 74 FR 14728, Apr. 1, 2009] ceeds northeast to 28°45.6′ N, 080°25.2′ W; then proceeds south to 28°26′ N, 080°20.8′ § 165.776 Security Zone; Coast Guard W; then proceeds west back to the Base San Juan, San Juan Harbor, baseline at position 28°26′ N, 080°34.4′ W. Puerto Rico (4) Zone (D) is defined by four lati- (a) Location. The following area is a tude and longitude corner points. Zone security zone: All waters from surface D originates from the baseline at position 28°31.6′ N, 080°34′ W; then proceeds to bottom, encompassed by an imagi- east to 28°31.6′ N, 080°20.1′ W; then pro- nary line connecting the following ° ′ ″ ceeds south to 28°16.7′ N, 080°23.3′ W; points, beginning at 18 27 39 N, then proceeds northwest back to the 066°06′56″ W; then east to Point 2 at baseline at position 28°21.6′ N, 080°36.1′ 18°27′39″ N, 066°06′52″ W; then south to W. Point 3 at 18°27′35″ N, 066°06′52″ W; then (b) Definitions. The following defini- southwest to Point 4 at 18°27′30″ N, tions apply to this section: 066°06′59″ W; then northeast to Point 5 Designated representative means Coast at 18°27′25″ N, 066°07′07″ W; then north to Guard Patrol Commanders including Point 6 at 18°27′46″ N, 066°07′10″ W; then Coast Guard coxswains, petty officers back to shore at the northwest end of and other officers operating Coast the CG facility at Point 7 at 18°27′46″ N, Guard vessels, and federal, state, and 066°07′07″ W. These coordinates are local officers designated by or assisting based upon North American Datum the Captain of the Port (COTP) Jack- 1983. sonville in the enforcement of regu- (b) Definitions. As used in this sec- lated navigation areas, safety zones, tion— and security zones. Vessel means every description of (c) Regulations. In accordance with watercraft or other artificial contriv- the general regulations in § 165.23 of ance used, or capable of being used, as this part, anchoring, mooring or a means of transportation on water, ex- transiting in this zone is prohibited unless authorized by the Coast Guard cept U.S. Coast Guard or U.S. naval Captain of the Port Jacksonville or his vessels. designated representative. (c) Regulations. (1) No person or vessel (d) Notice of a safety zone. The pro- may enter into the security zone de- posed safety zones are temporary in na- scribed in paragraph (a) of this section ture and will only be enacted and en- unless authorized by the Captain of the forced prior to, and just after a suc- Port San Juan. cessful launch. The COTP will inform (2) Vessels seeking to enter the secu- the public of the existence or status of rity zone established in this section the safety zone(s) by Broadcast Notice may contact the COTP on VHF channel

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16 or by telephone at (787) 289–2041 to Designated representative means Coast request permission. Guard Patrol Commanders including Coast Guard coxswains, petty officers [USCG–2008–0440, 74 FR 9769, Mar. 6, 2009] and other officers operating Coast § 165.777 Security Zone; West Basin, Guard vessels, and federal, state, and Port Canaveral Harbor, Cape Ca- local law enforcement officers des- naveral, Florida. ignated by or assisting the COTP in the (a) Regulated area. The following area enforcement of the security zone. is a security zone: All waters of the (d) Captain of the Port contact informa- West Basin of Port Canaveral Harbor tion. If you have questions about this northwest of an imaginary line be- regulation, please contact the Sector tween two points: 28°24′57.88″ N, Command Center at (904) 564–7513. 080°37′25.69″ W to 28°24′37.48″ N, (e) Enforcement periods. This section 080°37′34.03″ W. will only be subject to enforcement (b) Requirement. (1) This security zone when the security zone described in will be activated 4 hours prior to the paragraph (a) is activated as specified scheduled arrival of a cruise ship at the in paragraph (b)(1) of this section. West Basin of Port Canaveral Harbor during MARSEC Levels 2 and 3 or when [USCG–2008–0752, 74 FR 15856, Apr. 8, 2009] the COTP determines there is a speci- § 165.778 Security Zone; Port of Maya- fied credible threat during MARSEC guez, Puerto Rico. Level 1. This security zone will not be deactivated until the departure of all (a) Security zone. A moving and fixed cruise ships from the West Basin. The security zone is established around all zone is subject to enforcement when it cruise ships entering, departing, moor- is activated. ing, or anchoring in the Port of Maya- (2) Under general security zone regu- guez, Puerto Rico. The regulated area lations of 33 CFR 165.33, no vessel or includes all waters from surface to bot- person may enter or navigate within tom within a 50-yard radius of the ves- the regulated area unless specifically sel. The zone is activated when a cruise authorized by the COTP or the COTP’s ship on approach to the Port of Maya- designated representative. Any person guez enters within 1 nautical mile of or vessel authorized to enter the secu- the Bahia de Mayaguez Range Front rity zone must operate in strict con- Light located in position 18°13′12″ N formance with any direction given by 067°10′46″ W. The zone is deactivated the COTP or a designated representa- when a cruise ship departs the Port of tive and leave the security zone imme- Mayaguez and is no longer within 1 diately if so ordered. nautical mile of the Bahia de Maya- (3) The public will be notified when guez Range Front Light. the security zone is activated by the (b) Definitions. As used in this sec- display of a red ball on a 50-foot pole tion: located at the east end of Cruise Ship Cruise ship means any vessel over 100 terminal 10. This red ball will be low- gross registered tons, carrying more ered when the security zone is deacti- than 12 passengers for hire. vated. To ensure boaters are given suf- Designated representative means Coast ficient knowledge of the security zone, Guard Patrol Commanders including the Coast Guard will continuously Coast Guard coxswains, petty officers broadcast the activations of the zone and other officers operating Coast and law enforcement vessels will be on Guard vessels and Federal, State, and scene to inform boaters that the zone local officers designated by or assisting has been activated. Vessels encroach- the Captain of the Port San Juan in ing on the security zone will be issued the enforcement of the security zone. a Public Notice which clearly states Vessel means every description of the location of the security zone and watercraft or other artificial contriv- the times it will be enforced. This will ance used, or capable of being used, as be the boater’s first warning prior to a means of transportation on water, ex- enforcement action being taken. cept U.S. Coast Guard or U.S. Naval (c) Definitions. The following defini- vessels and servicing pilot and tug tion applies to this section: boats.

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(c) Regulations. (1) No person or vessel § 165.T08–0433 Safety Zone; Waterway may enter into the security zone under Closure, Atchafalaya River from this section unless authorized by the Mile Marker 117 (Morgan City Rail- Captain of the Port San Juan. road Bridge) to Mile Marker 0 (2) Vessels seeking to enter a secu- (Simmesport, LA). rity zone established in this section, (a) Location. This temporary safety may contact the COTP on VHF channel zone is located on the specified waters 16 or by telephone at (787) 289–2041 to of the Atchafalaya River between MM request permission. 117 (Morgan City Railroad Bridge) and (3) All persons and vessels granted MM 0 (Simmesport, LA). permission to enter the security zone (b) Effective date. This rule is effec- must comply with the orders of the tive May 16, 2011 through July 31, 2011 Captain of the Port San Juan and des- and enforceable with actual notice ignated on-scene U.S. Coast Guard pa- upon signature, May 16, 2011. trol personnel. On-scene U.S. Coast (c) Regulations. (1) In accordance with Guard patrol personnel include com- the general regulations in § 165.23 of missioned, warrant, and petty officers this part, entry into this zone is pro- of the U.S. Coast Guard. hibited unless authorized by the Cap- (d) Effective period. This section is ef- tain of the Port Morgan City. fective on April 29, 2009. (2) Vessels requiring entry into or [USCG–2008–0070, 74 FR 14049, Mar. 30, 2009] passage through the Safety Zone must request permission from the Captain of EIGHTH COAST GUARD DISTRICT the Port Morgan City, or a designated representative. They may be contacted § 165.T08–0432 Safety Zone; Waterway on VHF Channel 13 or 16, or by tele- Closure, Morgan City–Port Allen phone at 985–380–5370. Route from Mile Marker 0 to Port (3) All persons and vessels shall com- Allen Lock. ply with the instructions of the Cap- (a) Location. Waters of the Gulf Intra- tain of the Port Morgan City and des- coastal Water Way on the Morgan ignated on-scene patrol personnel. On- City—Port Allen route from MM 0 to scene patrol personnel include commis- the Port Allen lock. sioned, warrant, and petty officers of (b) Effective date. This rule is effec- the U.S. Coast Guard. tive May 16, 2011 through July 31, 2011. (c) Regulations. (1) In accordance with EFFECTIVE DATE NOTE: By USCG–2011–0433, the general regulations in § 165.23 of 76 FR 35104, June 16, 2011, temporary § 165.T08–0433 was added, effective from June this part, entry into this zone is pro- 16, 2011 until 11:59 p.m. July 31, 2011. hibited unless authorized by the Cap- tains of the Port Morgan City or New § 165.T08–0434 Safety Zone; Mile Mark- Orleans. er 98.5 West of Harvey Lock Gulf In- (2) Vessels requiring entry into or tracoastal Waterway to Mile Marker passage through the Safety Zone must 108.5 West of Harvey Lock Gulf In- request permission from the Captains tracoastal Waterway. of the Port Morgan City or New Orle- (a) Location. Waters of the Gulf Intra- ans, or a designated representative. coastal Waterway (GIWW) between They may be contacted on VHF Chan- West Harvey Lock Gulf West (WHL) nel 13 or 16, or by telephone at 985–380– MM 98.5 to MM 108.5. 5370. (b) Effective date. This rule is effec- (3) All persons and vessels shall com- tive May 26, 2011 through July 31, 2011 ply with the instructions of the Cap- and enforceable with actual notice tains of the Port Morgan City or New upon signature, May 26, 2011. Orleans and designated on-scene patrol (c) Regulations. (1) In accordance with personnel. On-scene patrol personnel the general regulations in § 165.23 of include commissioned, warrant, and this part, entry into this zone is pro- petty officers of the U.S. Coast Guard. hibited unless authorized by the Cap-

EFFECTIVE DATE NOTE: By USCG–2011–0432, tain of the Port Morgan City. 76 FR 36320, June 22, 2011, temporary (2) Vessels requiring entry into or § 165.T08–0432 was added, effective from June passage through the Safety Zone must 22, 2011 until 11:59 p.m. July 31, 2011. request permission from the Captain of

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the Port Morgan City, or a designated Adams Light, mile 311.5 AHP along the representative. They may be contacted low water reference plane above the on VHF Channel 11, 13 or 16, or by tele- right descending bank; thence to the phone at (985) 380–5370. levee on a line perpendicular to the (3) All persons and vessels shall com- channel centerline; thence along the ply with the instructions of the Cap- levee to the upstream end of the Old tain of the Port Morgan City and des- River Overbank structure; thence ignated on-scene patrol personnel. On- along a line to the Black Hawk Point scene patrol personnel include commis- Light. sioned, warrant, and petty officers of (b) Any vessel desiring to enter this the U.S. Coast Guard. safety zone must first obtain permission from the Captain of the Port, New EFFECTIVE DATE NOTE: By USCG–2011–0434, 76 FR 36315, June 22, 2011, temporary Orleans. The resident engineer at Old § 165.T08–0434 was added, effective from June River Control Structure (WUG–424) is 22, 2011 until 11:59 p.m. July 31, 2011. delegated the authority to permit entry into this safety zone. § 165.T08–1087 Security Zone, Michoud Slip. [CGD8–87–10, 53 FR 15207, Apr. 28, 1988, as amended by CGD8 89–03, 54 FR 16108, Apr. 21, (a) Location. The following area is a 1989] security zone: Michoud Slip, encom- passing the entire slip from position § 165.803 Mississippi River—regulated 30°0′34.2″ N, 89°55′40.7″ W to position navigation area. 30°0′29.5″ N, 89°55′52.6″ W across the The following is a Regulated Naviga- mouth of the slip. tion Area—The waters of the Mis- (b) Effective period. This section is ef- sissippi River between miles 88 and 240 fective from January 1, 2011, through above Head of Passes. December 31, 2011. (a) Definitions. As used in this sec- (c) Regulations. (1) In accordance with tion: the general regulation in 33 CFR part (1) Breakaway means a barge that is 165, subpart D, vessels are prohibited adrift and is not under the control of a from entering or transiting the secu- towing vessel. rity zone created by this section. (2) COTP means the Captain of the (2) Persons or vessels requiring devi- Port, New Orleans. ations from this rule must request per- (3) Fleet includes one or more tiers. mission from the Captain of the Port (4) Fleeting facility means the geo- New Orleans. The Captain of the Port graphic area along or near a river bank New Orleans may be contacted at tele- at which a barge mooring service, ei- phone (504) 365–2543. ther for hire or not for hire, is estab- (3) All persons and vessels shall com- lished. ply with the instructions of the Cap- (5) Mooring barge or spar barge means tain of the Port New Orleans and des- a barge moored to mooring devices and ignated personnel. Designated per- to which other barges may be moored. sonnel include commissioned, warrant (6) Mooring device includes a and petty officers of the U.S. Coast deadman, anchor, pile or other reliable Guard assigned to units under the oper- holding apparatus. ational control of USCG Sector New (7) Person in charge includes any Orleans. owner, agent, pilot, master, officer, operator, crewmember, supervisor, dis- EFFECTIVE DATE NOTE: By USCG–2010–1087, 75 FR 81858, Dec. 29, 2010, temporary patcher or other person navigating, § 165.T08–1087 was added, effective Jan. 1, 2011 controlling, directing or otherwise re- through Dec. 31, 2011. sponsible for the movement, action, securing, or security of any vessel, barge, § 165.802 Lower Mississippi River, vi- tier, fleet or fleeting facility subject to cinity of Old River Control Struc- the regulations in this section. ture—Safety Zone. (8) Tier means barges moored inter- (a) The area enclosed by the fol- dependently in rows or groups. lowing boundary is a safety zone—from (b) Waivers: (1) The COTP may, upon the Black Hawk Point Light, mile 316.1 written request, except as allowed in AHP LMR to a point opposite Ft. paragraph (3) of this subsection, waive

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any regulation in this section if it is (3) Each wire rope used between the found that the proposed operation can upstream end of a barge and a mooring be conducted safely under the terms of device must have at least a diameter of that waiver. 11⁄4 inch. Chain or line used between the (2) Each written request for a waiver upstream end of a barge and a mooring must state the need for the waiver and device must be at least equivalent in describe the proposed operation. strength to 11⁄4 inch diameter wire (3) Under unusual circumstances due rope. to time constraints, the person in (4) Each wire rope used between the charge may orally request an imme- downstream end of a barge and a moor- diate waiver from the COTP. The writing device must have at least a diame- ten request for a waiver must be sub- ter of 7⁄8 inch. Chain or line used be- mitted within five working days after tween the downstream end of a barge the oral request. and a mooring device must be of at (4) The COTP may, at any time, ter- least equivalent strength of 7⁄8 inch di- minate any waiver issued under this ameter wire rope. subsection. (f) Moorings: Barge-to-barge; barge- (c) Emergencies. In an emergency, a to-vessel; barge-to-wharf or pier. The person may depart from any regulation person in charge shall ensure that a in this section to the extent necessary barge moored to another barge, a to avoid immediate danger to persons, mooring or spar barge, a vessel, a property or the environment. wharf, or a pier, is secured as near as (d) Mooring: General. (1) No person practicable to each abutting corner of may secure a barge to trees or to other the barge being moored by: vegetation. (1) Three parts of wire rope of at (2) No person may allow a barge to be least 7⁄8 inch diameter with an eye at moored with unraveled or frayed lines each end of the rope passed around the or other defective or worn mooring. timberhead, caval, or button; (3) No person may moor barges side (2) A mooring of natural or synthetic to side unless they are secured to each fiber rope that has at least 75 percent other from fittings as close to each cor- of the breaking strength of three parts ner of abutting sides as practicable. of 7⁄8 inch diameter wire rope; or (4) No person may moor barges end to (3) Fixed rigging that is at least end unless they are secured to each equivalent to three parts of 7⁄8 inch di- other from fittings as close to each cor- ameter wire rope. ner of abutting ends as practicable. (g) Mooring: Person in charge. (1) The (e) Mooring to a mooring device. (1) A person in charge of a barge, tier, fleet barge may be moored to mooring de- or fleeting facility shall ensure that vices if the upstream end of that barge the barge, tier, fleet or fleeting facility is secured to at least one mooring de- meets the requirements in paragraphs vice and the downstream end is secured (d) and (e) of this section. to at least one other mooring device, (2) The person in charge shall ensure except that from mile 127 to mile 240 a that all mooring devices, wires, chains, barge may be moored to mooring de- lines and connecting gear are of suffi- vices if the upstream end of that barge cient strength and in sufficient number is secured to at least one mooring de- to withstand forces that may be ex- vice. erted on them by moored barges. (2) Barges moored in tiers may be (h) Fleeting facility: inspection of moor- shifted to mooring devices if the shore- ings. (1) The person in charge of a fleet- ward barge at the upstream end of the ing facility shall assign a person to in- tier is secured to at least one mooring spect moorings in accordance with the device, and the shoreward barge at the requirements in paragraph (h)(2) of this downstream end of the tier is secured section. to at least one other mooring device, (2) The person assigned to inspect except that from mile 127 to mile 240 moorings shall inspect: barges moored in tiers may be shifted (i) At least twice each day during pe- to mooring devices if the shoreward riods that are six hours or more apart, barge at the upstream end of the tier is each mooring wire, chain, line and con- secured to at least one mooring device. necting gear between mooring devices

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and each wire, line and connecting (l) Securing breakaways. The person in equipment used to moor each barge; charge shall take immediate action to: and (1) Secure each breakaway; and (ii) After a towboat adds barges to, (2) Report each breakaway as soon as withdraws barges from, or moves possible to the COTP by telephone, barges at a fleeting facility, each radio or other means of rapid commu- mooring wire, line, and connecting nication. equipment of each barge within each (m) High water. (1) This subsection tier affected by that operation. applies to barges on the Mississippi (3) The person who inspects moorings River between miles 88 and 240 above shall take immediate action to correct Head of Passes when: each deficiency. (i) The Carrollton gage stands 12 feet (i) Fleeting facility: Records. The per- or more; or son in charge of a fleeting facility shall (ii) The Carrollton gage stands 10 maintain, and make available to the feet, the U.S. Army Corps of Engineers Coast Guard, records containing the forecasts the Mississippi River is rising following information: to 12 feet, and the District Commander (1) The time of commencement and determines these circumstances to be termination of each inspection re- especially hazardous and issues orders quired in paragraph (h)(2) of this sec- directing that paragraphs (m)(2) and (3) tion. (2) The name of each person who of this section are in effect. makes the inspection required in para- (2) During high water, the person in graph (h)(2) of this section. charge of a fleeting facility shall en- (3) The identification of each barge sure compliance with the following re- entering and departing the fleeting fa- quirements: cility, along with the following infor- (i) Each fleet consisting of eight or mation: more barges must be attended by at (i) Date and time of entry and depar- last one radar-equipped towboat for ture; and each 100 barges or less. Joint use of (ii) The names of any hazardous this towboat by adjacent facilities may cargo which the barge is carrying. be considered upon submission of a detailed proposal for a waiver. NOTE: The requirements in paragraph (i)(3) (ii) Each fleet must have two or more of this section for the listing of hazardous cargo refer to cargoes regulated by Sub- towboats in attendance when: chapters D and O of Chapter I, Title 46, Code (A) Barges are withdrawn from or of Federal Regulations. moved within the fleet and the fleet at the start of the operation contains (j) Fleeting facility: Surveillance. (1) eight or more barges; or The person in charge of a fleeting facil- (B) Barges are added to the fleet and ity shall assign a person to be in con- the number of barges being added plus tinuous surveillance and to observe the the fleet at the start of the operation barges in the fleeting facility. Joint total eight or more. use of this person by adjacent facilities may be considered upon submisssion of (iii) Each towboat required in para- a detailed proposal for a waiver to the graphs (m)(2)(i) and (2)(ii) of this sec- COTP. tion must be: (2) The person who observes the (A) Capable of safely withdrawing, barges shall: moving or adding each barge in the (i) Inspect for movements that are fleet; unusual for properly secured barges; (B) Immediately operational; and (C) Radio-equipped; (ii) Take immediate action to correct (D) Within 500 yards of the barges; each deficiency. and (k) Fleeting facility: person in charge. (iv) The person in charge of each The person in charge of a fleeting facil- towboat required in paragraphs ity shall ensure that each deficiency (m)(2)(i) and (2)(ii) of this section shall found under the requirements of para- maintain: graph (h) or (j) of this section is cor- (A) A continuous guard on the fre- rected. quency specified by current Federal

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Communications Commission regula- gency via the most rapid means avail- tions found in Part 83 of Title 47, Code able. of Federal Regulations; and (B) When moored, a continuous [CGD 79–034, 47 FR 29660, July 8, 1982, as watch on the barges in the fleeting fa- amended by USCG–2000–7223, 65 FR 40058, June 29, 2000] cility. (v) During periods when visibility is § 165.805 Security Zones; Calcasieu less than 200 yards, the person in River and Ship Channel, Louisiana. charge of each towboat required in paragraph (m)(2)(i) of this subsection (a) Location. (1) The following areas shall maintain, when moored, a contin- are designated as fixed security zones uous radar surveillance of the barges (all coordinates are based upon North moored in the fleeting facility. American Datum of 1983 [NAD 83]): (3) During high water when visibility (i) Trunkline LNG basin. All waters is reduced to less than 200 yards: encompassed by a line connecting the (i) Tows may not be assembled or dis- following points, beginning at 30°06′36″ assembled; N, 93°17′36″ W, south to a point 30°06′33″ (ii) No barge may be added to, with- N, 93°17′36″ W, east to a point 30°06′30″ drawn from or moved within a fleet ex- N, 93°17′02″ W, north to a point 30°06′33″ cept: N, 93°17′01″ W, then tracing the shore- (A) A single barge may be added to or line along the water’s edge to the point withdrawn from the channelward or of origin. downstream end of the fleet; and (ii) Cameron LNG basin. All waters en- (B) Barges made up in a tow may de- compassed by a line connecting the fol- part a fleet from the channelward or lowing points, beginning at 30°02′33″ N, downstream end of the fleet; and 093°19′53″ W, east to a point at 30°02′34″ (iii) No person in charge of a tow ar- ° ′ ″ riving in this regulated navigation area N, 093 19 50 W, south to a point at ° ′ ″ ° ′ ″ may moor unless the COTP is notified 30 02 10 N, 093 19 52 W and west to a ° ′ ″ ° ′ ″ prior to arrival in the regulated navi- point at 30 02 10 N, 93 19 59 W, then gation area. tracing the shoreline along the water’s edge to the point of origin. [CGD 79–034, 47 FR 29660, July 8, 1982, as (iii) PPG Industries basin. All waters amended by CGD 82–020, 47 FR 35483, Aug. 16, 1982; CGD 79–026, 48 FR 35408, Aug. 4, 1983; encompassed by a line connecting the CGD 88–075, 54 FR 14958, Apr. 14, 1989; CGD08– following points: Beginning at 30°13′29″ 94–006, 59 FR 21935, Apr. 28, 1994; CGD08–94– N, 93°16′34″ W, southwest to a point at 006, 60 FR 37944, July 25, 1995] 30°13′11″ N, 93°16′51″ W, then proceeding southerly following 100 feet off the § 165.804 Snake Island, Texas City, shoreline to a point at 30°12′57.2″ N, Texas; mooring and fleeting of ves- ° ′ ″ sels—safety zone. 93 16 53.2 W, then east to a point at 30°12′57.2″ N, 93°16′50.6″ W then south- (a) The following is a safety zone: erly to a point at 30°12′47.7″ N, (1) The west and northwest shores of 93°16′50.3″ W then west to the shoreline Snake Island; and then following along the water’s (2) The Turning Basin west of Snake edge to the point of origin. Island; (3) The area of Texas City Channel (2) The following areas are moving from the north end of the Turning security zones: All waters within the Basin to a line drawn 000° true from the Captain of the Port, Port Arthur zone northwesternmost point of Snake Is- commencing at U.S. territorial waters land. and extending channel edge to channel (b) Special regulations. All vessels are edge on the Calcasieu Channel and prohibited from mooring, anchoring, or shoreline to shoreline on the Calcasieu otherwise stopping in the safety zone, River, 2 miles ahead and 1 mile astern except in case of an emergency. of certain designated vessels while in (c) Barges are prohibited from fleet- transit. Meeting, crossing or over- ing or grounding in the zone. taking situations are not permitted (d) In an emergency, vessels shall ad- within the security zone unless specifi- vise the Captain of the Port, Houston- cally authorized by the Captain of the Galveston, of the nature of the emer- Port. Coast Guard patrol assets will be

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on scene with flashing blue lights ener- of the U.S. Coast Guard. Designated gized when the moving security zones representatives include federal, state, are in effect. local and municipal law enforcement (b) Regulations. (1) Entry into or re- agencies. maining in a fixed zone described in (c) Informational broadcasts: The Cap- paragraph (a)(1) of this section is pro- tain of the Port, Port Arthur will in- hibited for all vessels except: form the public when moving security (i) Commercial vessels operating at zones have been established around waterfront facilities within these vessels via Broadcast Notices to Mari- zones; ners and written notice provided by es- (ii) Commercial vessels transiting di- cort vessels. rectly to or from waterfront facilities within these zones; [USCG–2009–0317, 75 FR 18757, Apr. 13, 2010] (iii) Vessels providing direct operational or logistical support to com- § 165.806 Sabine Neches Waterway, mercial vessels within these zones; Texas—regulated navigation area. (iv) Vessels operated by the appro- (a) The following is a regulated navi- priate port authority or by facilities gation area—The Sabine Neches Water- located within these zones; and way which includes the following (v) Vessels operated by federal, state, waters: Sabine Pass Channel, Port Ar- county, or municipal agencies. thur Canal, Sabine Neches Canal, (2) Entry into or remaining in mov- Neches River, Sabine River and all nav- ing zones described in paragraph (a)(2) igable waterways tributary thereto. of this section is prohibited for all ves- (b) Unless otherwise authorized by sels except: the Captain of the Port, Port Arthur, (i) Moored vessels or vessels anchored Texas, tows on a hawser of 1000 gross in a designated anchorage area. A tons or greater transiting the Sabine- moored or an anchored vessel in a security zone described in paragraph (a)(2) Neches Waterway are prohibited unless of this section must remain moored or such tows have a tug of sufficient anchored unless it obtains permission horsepower made up to the tow in such from the Captain of the Port to do oth- a manner as to insure that complete erwise; and effective control is maintained (ii) Commercial vessels operating at throughout the transit. Inbound vessels waterfront facilities located within the only, may shift the tow or pick up an zone; additional tug within 100 yards inside (iii) Vessels providing direct oper- the entrance jetties provided that such ational support to commercial vessels action is necessary for reasons of pru- within a moving security zone; dent seamanship. (iv) Vessels operated by federal, [CGD8–83–09, 49 FR 35500, Sept. 10, 1984] state, county, or municipal agencies. (3) Other persons or vessels requiring § 165.807 Calcasieu River, Louisiana— entry into security zones described in regulated navigation area. this section must request permission from the Captain of the Port, Port Ar- (a) The following is a regulated navi- thur or designated representatives. gation area—The Calcasieu River from (4) To request permission as required the Calcasieu jetties up to and includ- by these regulations, contact Marine ing the Port of Lake Charles. Safety Unit Lake Charles at (337) 491– (b) Unless otherwise authorized by 7800 or the on scene patrol vessel. the Captain of the Port, Port Arthur, (5) All persons and vessels within a Texas, tows on a hawser of 1000 gross security zone described in this section tons or greater transiting the must comply with the instructions of Calcasieu River are prohibited unless the Captain of the Port, Port Arthur, such tows have a tug of sufficient designated on-scene U.S. Coast Guard horsepower made up to the tow in such patrol personnel or other designated a manner as to insure that complete representatives. On-scene U.S. Coast and effective control is maintained at Guard patrol personnel include com- all times. Inbound vessels only, may missioned, warrant, and petty officers shift the tow or pick up an additional

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tug within 100 yards inside the en- (2) Recreational vessels, passenger trance jetties provided that such ac- vessels and commercial fishing vessels tion is necessary for reasons for pru- requiring entry into the security zone dent seamanship. must contact the Captain of the Port Corpus Christi or a designated rep- [CGD8–83–09, 49 FR 35500, Sept. 10, 1984] resentative. The Captain of the Port § 165.808 Corpus Christi Ship Channel, may be contacted via VHF Channel 16 Corpus Christi, TX, safety zone. or via telephone at (361) 888–3162 to (a) The following areas are estab- seek permission to transit the area. If lished as safety zones during specified permission is granted, all persons and conditions: vessels must comply with the instruc- (1) For incoming tank vessels loaded tions of the Captain of the Port, Corpus with Liquefied Petroleum Gas, the Christi or a designated representative. waters within a 500 yard radius of the (3) Designated representatives in- LPG carrier while the vessel transits clude U.S. Coast Guard commissioned, the Corpus Christi Ship Channel to the warrant, and petty officers. LPG receiving facility. The safety zone (c) Authority. In addition to 33 U.S.C. remains in effect until the LPG vessel 1231, the authority for this section in- is moored at the LPG receiving facil- cludes 33 U.S.C. 1226. ity. [COTP Corpus Christi–02–003, 67 FR 64046, (2) For outgoing tank vessels loaded Oct. 17, 2002, as amended by COTP Corpus with LPG, the waters within a 500 yard Christi–04–006, 70 FR 39178, July 7, 2005] radius of the LPG carrier while the vessel departs the LPG facility and § 165.810 Mississippi River, LA-regu- transits the Corpus Christi Ship Chan- lated navigation area. nel. The safety zone remains in effect (a) Purpose and applicability. This sec- until the LPG vessel passes the sea- tion prescribes rules for all vessels op- ward extremity of the Aransas Pass erating in the Lower Mississippi River Jetties. below mile 233.9 above Head of Passes (b) The general regulations governing including South Pass and Southwest safety zones contained in 33 CFR 165.23 Pass, to assist in the prevention of apply. allisions; collisions and groundings so (c) The Captain of the Port will noas to ensure port safety and protect the tify the maritime community of peri- navigable waters of the Mississippi ods during which this safety zone will River from environmental harm result- be in effect by providing advance no- ing from those incidents, and to en- tice of scheduled arrivals and depar- hance the safety of passenger vessels tures of loaded LPG vessels via a Ma- moored or anchored in the Mississippi rine Safety Information Broadcast No- River. tice to Mariners. (b) Lower Mississippi River below [CGD 8–84–07, 50 FR 15744, Apr. 22, 1985; 50 FR mile 233.9 above Head of Passes includ- 19933, May 13, 1985] ing South and Southwest Passes: (1) Supervision. The use, administra- § 165.809 Security Zones; Port of Port tion, and navigation of the waterways Lavaca-Point Comfort, Point Com- to which this paragraph applies shall fort, TX and Port of Corpus Christi be under the supervision of the District Inner Harbor, Corpus Christi, TX. Commander, Eighth Coast Guard Dis- (a) Location. The following area is trict. designated as a security zone: all (2) Speed; high-water precautions. waters of the Corpus Christi Inner Har- When passing another vessel (in mo- bor from the Inner Harbor Bridge (U.S. tion, anchored, or tied up), a wharf or Hwy 181) to, and including the Viola other structure, work under construc- Turning Basin. tion, plant engaged in river and harbor (b) Regulations. (1) No recreational improvement, levees withstanding vessels, passenger vessels, or commer- flood waters, building partially or cial fishing vessels may enter the secu- wholly submerged by high water, or rity zone unless specifically authorized any other structure liable to damage by the Captain of the Port Corpus by collision, suction or wave action, Christi or a designated representative. vessels shall give as much leeway as

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circumstances permit and reduce their more than two towed vessels other speed sufficiently to preclude causing than small craft. Tows may be in any damages to the vessel or structure formation. When towing on a hawser, being passed. Since this subparagraph the hawser shall be as short as prac- pertains directly to the manner in ticable to provide full control at all which vessels are operated, masters of times. vessels shall be held responsible for (6) When towing in Southwest Pass strict observance and full compliance during periods of darkness no tow shall therewith. During high river stages, consist of more than two towed vessels floods, or other emergencies, the Dis- other than small craft, and during day- trict Commander may prescribe by light hours no tow shall consist of navigation bulletins or other means more than three towed vessels other the limiting speed in land miles per than small craft. hour deemed necessary for the public (e) Watch requirements for anchored safety for the entire section or any and moored passenger vessels. part of the waterways covered by this (1) Passenger vessels. Except as pro- paragraph, and such limiting speed vided in paragraph (e)(2) of this sec- shall be strictly observed. tion, each passenger vessel with one or (3) Towing. Towing in any formation more passengers on board, must— by a vessel with insufficient power to (i) Keep a continuously manned pilot- permit ready maneuverability and safe house; and handling is prohibited. (c) [Reserved] (ii) Monitor river activities and ma- (d) Navigation of South and South- rine VHF, emergency and working fre- west Passes. quencies of the port, so as to be imme- (1) No vessel, except small craft and diately available to take necessary ac- towboats and tugs without tows, shall tion to protect the vessel, crew, and enter either South Pass or Southwest passengers if an emergency radio Pass from the Gulf until after any de- broadcast, danger signal, or visual or scending vessel which has approached other indication of a problem is received or detected. within two and one-half (21⁄2) miles of the outer end of the jetties and visible (2) Each ferryboat, and each small to the ascending vessel shall have passenger vessel to which 46 CFR passed to sea. 175.110 applies, may monitor river ac- (2) No vessel having a speed of less tivities using a portable radio from a than ten mph shall enter South Pass vantage point other than the pilot- from the Gulf when the stage of the house. Mississippi River exceeds 15 feet on the (f) Each self-propelled vessel of 1,600 Carrollton Gage at New Orleans. This or more gross tons subject to 33 CFR paragraph does not apply when South- part 164 shall also comply with the fol- west Pass is closed to navigation. lowing: (3) No vessel, except small craft and (1) While under way in the RNA, each towboats and tugs without tows, as- vessel must have an engineering watch cending South Pass shall pass Franks capable of monitoring the propulsion Crossing Light until after a descending system, communicating with the vessel shall have passed Depot Point bridge, and implementing manual-con- Light. trol measures immediately when nec- (4) No vessel, except small craft and essary. The watch must be physically towboats and tugs without tows, shall present in the machinery spaces or in enter the channel at the head of South the machinery-control spaces and must Pass until after an ascending vessel consist of at least an appropriately li- which has reached Franks Crossing censed or credentialed engineer officer. Light shall have passed through into (2) Before embarking a pilot when en- the river. tering or getting under way in the (5) When navigating South Pass dur- RNA, the master of each vessel shall ing periods of darkness no tow shall ensure that the vessel is in compliance consist of more than one towed vessel with 33 CFR part 164. other than small craft, and during day- (3) The master shall ensure that the light hours no tow shall consist of chief engineer has certified that the

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following additional operating condi- section, § 161.40 of this chapter estab- tions will be satisfied so long as the lishes a VTS Special Area for waters vessel is under way within the RNA: within a 1000 yard radius of the SPRR (i) The main propulsion plant is in all Bridge. respects ready for operations including (c) When the Morgan City River the main-propulsion air-start systems, gauge reads 3.0 feet or above mean sea fuel systems, lubricating systems, cool- level, in addition to the requirements ing systems, and automation systems; set forth in § 161.13 of this chapter, the (ii) Cooling, lubricating, and fuel-oil requirements of paragraph (d) and (e) systems are at proper operating tem- of this section apply to a towing vessel peratures; which will navigate: (iii) Main propulsion machinery is (1) under the lift span of the SPRR available to immediately respond to Bridge; or the full range of maneuvering com- (2) through the navigational opening mands any load-limiting programs or of the U.S. 90 Highway Bridge: or automatic acceleration-limiting pro- (3) through the navigational opening grams that would limit the speed of re- of the Highway 182 Bridge. sponse to engine orders beyond that (d) Towing requirements. (1) Towing on needed to prevent immediate damage a hawser is not authorized, except that to the propulsion machinery are capa- one self-propelled vessel may tow one ble of being overridden immediately. other vessel without barges upbound; (iv) Main-propulsion standby systems (2) A towing vessel and barges must are ready to be immediately placed in be arranged in tandem, except that one service. vessel may tow one other vessel along- (g) [Reserved] side; NOTE TO § 165.810: Control Light provisions (3) Length of tow must not exceed (previously referenced in paragraph (c) of 1,180 feet; and this section) used to manage vessel traffic (4) Tows with a box end in the lead during periods of high waters in the vicinity of Algiers Point are located in 33 CFR must not exceed 400 feet in length. 161.65(c). The special operating requirements NOTE: The variation in the draft and the (previously referenced in paragraph (g) of beam of the barges in a multi-barge tow this section) used to manage vessel traffic in should be minimized in order to avoid unnec- the vicinity of Eighty-one Mile Point are lo- essary strain on coupling wires. cated in 33 CFR 161.65(e). (e) Horsepower Requirement. (1) The (Sec. 104, Pub. L. 92–340, 86 Stat. 424 (33 following requirements apply to a tow- U.S.C. 1224); sec. 2, Pub. L. 95–474, 92 Stat. ing vessel of 3,000 hp or less: 1471 (33 U.S.C. 1223); 49 CFR 1.46(n)(4)) [CGD 75–082, 42 FR 51759, Sept. 29, 1977, as TABLE 165.811(e)—MINIMUM AVAILABLE amended by CGD 78–080, 44 FR 47933, Aug. 16, HORSEPOWER REQUIREMENT 1979; CGD 86–049, 51 FR 27840, Aug. 4, 1986. Re- [The greater value listed.] designated by CGD 90–020, 59 FR 36324, July 15, 1994; CGD 95–033, 60 FR 28333, May 31, 1995; Direction of tow Daytime (sunrise Nighttime (sunset CCGD08–97–020, 62 FR 58653, Oct. 30, 1997; 64 to sunset) to sunrise) FR 18813, Apr. 16, 1999; CGD08–07–007, 72 FR Upbound ...... 400hp or (Length 600hp or (Length 41625, July 31, 2007; USCG–2006–24371, 74 FR of tow—300ft) × of tow—200ft) × 11213, Mar. 16, 2009; USCG–1998–4399, 75 FR 3. 3. 66315, Oct. 28, 2010] Downbound ...... 600hp or (Length 600hp or (Length of tow—200ft) × of tow) × 3. § 165.811 Atchafalaya River, Berwick 3. Bay, LA-regulated navigation area. NOTE: A 5% variance from the available horsepower is (a) The following is a regulated navi- authorized. gation area: the waters of the (2) All tows carrying cargoes of par- Atchafalaya River in Berwick Bay ticular hazard as defined in § 160.203 of bounded on the northside from 2,000 this chapter must have available horse- yards north of the U.S. 90 Highway power of at least 600 hp or three times Bridge and on the southside from 4,000 the length of tow, whichever is greater. yards south of the Southern Pacific (f) Notice of Requirements. Notice that Railroad (SPRR) Bridge. these rules are anticipated to be put (b) Within the regulated navigation into effect, or are in effect, will be area described in paragraph (a) of this given by:

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(1) Marine information broadcasts; barked or disembarked in the United (2) Notices to mariners; States or its territories. (3) Vessel Traffic Center advisories or (4) The Captain of the Port New Orle- upon vessel information request; and ans will inform the public of the moving security zones around cruise ships [CGD 90–020, 59 FR 36334, July 15, 1994, as via Marine Safety Information Broad- amended by CGD 95–033, 60 FR 28333, May 31, casts. 1995; CGD08–06–023, 72 FR 27741, May 17, 2007] (5) To request permission as required by these regulations contact ‘‘New Or- § 165.812 Security Zones; Lower Mis- sissippi River, Southwest Pass Sea leans Traffic’’ via VHF Channels 13/67 Buoy to Mile Marker 96.0, New Or- or via phone at (504) 589–2780 or (504) leans, LA. 589–6261. (6) All persons and vessels within the (a) Location. Within the Lower Mis- moving security zones shall comply sissippi River and Southwest Pass, with the instructions of the Captain of moving security zones are established the Port New Orleans and designated around all cruise ships between the on-scene U.S. Coast Guard patrol per- Southwest Pass Entrance Lighted sonnel. On-scene U.S. Coast Guard pa- Buoy ‘‘SW’’, at approximate position trol personnel include commissioned, ° ′ ″ ° ′ ″ 28 52 42 N, 89 25 54 W [NAD 83] and warrant, and petty officers of the U.S. Lower Mississippi River mile marker Coast Guard. 96.0 in New Orleans, Louisiana. These (c) Authority. In addition to 33 U.S.C. moving security zones encompass all 1231, the authority for this section in- waters within 500 yards of a cruise ship. cludes 33 U.S.C. 1226. These zones remain in effect during the entire transit of the vessel and con- [COTP New Orleans–02–005, 67 FR 61989, Oct. tinue while the cruise ship is moored or 3, 2002] anchored. § 165.813 Security Zones; Ports of (b) Regulations. (1) Entry of persons Houston and Galveston, TX. and vessels into these zones is prohib- (a) Location. Within the Ports of ited unless authorized as follows. Houston and Galveston, Texas, moving (i) Vessels may enter within 500 yards security zones are established encom- but not closer than 100 feet of a cruise passing all waters within 500 yards of a ship provided they operate at the min- cruise ship between Galveston Bay Ap- imum speed necessary to maintain a proach Lighted Buoy ‘‘GB’’, at approxi- safe course. mate position 29°21′18″ N, 94°37′36″ W (ii) No person or vessel may enter [NAD 83] and up to, and including, within 100 feet of a cruise ship unless Barbours Cut. These zones remain in expressly authorized by the Coast effect during the inbound and outbound Guard Captain of the Port New Orleans entire transit of the cruise ship and or his designated representative. continues while the cruise ship is (iii) Moored vessels or vessels an- moored or anchored. chored in a designated anchorage area (b) Regulations. (1) Entry of vessels or are permitted to remain within 100 feet persons into these zones is prohibited of a cruise ship while it is in transit. unless authorized as follows. (2) Vessels requiring entry within 500 (i) Vessels may enter within 500 yards yards of a cruise ship that cannot slow but not closer than 100 yards of a cruise to the minimum speed necessary to ship provided they operate at the min- maintain a safe course must request imum speed necessary to maintain a express permission to proceed from the safe course. Captain of the Port New Orleans or his (ii) No person or vessel may enter designated representative. within 100 yards of a cruise ship unless (3) For the purpose of this rule the expressly authorized by the Coast term ‘‘cruise ship’’ is defined as a pas- Guard Captain of the Port Houston- senger vessel over 100 gross tons, car- Galveston. Where the Houston Ship rying more than 12 passengers for hire, Channel narrows to 400 feet or less be- making a voyage lasting more than 24 tween Houston Ship Channel Entrance hours, any part of which is on the high Lighted Bell Buoy ‘‘18’’, light list no. seas, and for which passengers are em- 34385 at approximately 29°21′06″ N,

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94°47′00″ W [NAD 83] and Barbours Cut, Houston Ship Channel Light 132 the Captain of the Port Houston-Gal- (LLNR–24445) and Houston Ship Chan- veston may permit vessels that must nel Light 133 (LLNR–24450) west to the transit the navigable channel between T & N Rail Road Swing Bridge at the these points to enter within 100 yards entrance to Buffalo Bayou, including of a cruise ship. all waters adjacent to the ship channel (iii) Moored vessels or vessels an- from shoreline to shoreline and the chored in a designated anchorage area first 200 yards of connecting water- are permitted to remain within 100 ways. yards of a cruise ship while it is in (2) Morgan’s Point, Texas. The transit. Barbours Cut Ship Channel and Turn- (2) Vessels requiring entry within 500 ing Basin containing all waters west of yards of a cruise ship that cannot slow a line drawn between Junction Light to the minimum speed necessary to ‘‘Barbours Cut’’ 29°41′12″ N, 94°59′12″ W maintain a safe course must request (LLNR–23525), and Houston Ship Chan- express permission to proceed from the nel Light 91, 29°41′00″ N, 94°59′00″ W Captain of the Port Houston-Gal- (LLNR–23375) (NAD 1983). veston, or his designated representa- (3) Bayport, TX. The Port of Bayport, tive. Bayport Ship Channel and Bayport (3) For the purpose of this section the Turning Basin containing all waters term ‘‘cruise ship’’ is defined as a pas- south of latitude 28°36′45″ N and west of senger vessel over 100 gross tons, car- Bayport Ship Channel Light 9 (LLNR– rying more than 12 passengers for hire, 23295) (NAD 1983). making a voyage lasting more than 24 (4) Texas City, Texas. The Port of hours, any part of which is on the high Texas City Channel, Turning Basin and seas, and for which passengers are em- Industrial Canal containing all waters barked or disembarked in the United bounded by the area south and west of States or its territories. a line drawn from Texas City Channel (4) The Captain of the Port Houston- Light 19 (LLNR 24810) through Cut B Galveston will inform the public of the Inner Range Front Light (LLNR 24765) moving security zones around cruise and terminating on land in position ships via Marine Safety Information 29°23′16″ N, 94°53′15″ W (NAD 1983). Broadcasts. (5) Freeport, Texas. (i) The Dow Barge (5) To request permission as required Canal, containing all waters of the Dow by these regulations contact ‘‘Houston Barge Canal north of a line drawn be- Traffic’’ via VHF Channels 11/12 or via tween 28°56.81′ N/095°18.33′ W and phone at (713) 671–5103. 28°56.63′ N/095°18.54′ W (NAD 1983). (6) All persons and vessels within the (ii) The Brazos Harbor, containing all moving security zone shall comply waters west of a line drawn between with the instructions of the Captain of 28°56.45′ N, 095°20.00′ W, and 28°56.15′ N, the Port Houston-Galveston and des- 095°20.00′ W (NAD 1983) at its junction ignated on-scene U.S. Coast Guard pa- with the Old Brazos River. trol personnel. On-scene U.S. Coast (iii) The Dow Chemical plant, con- Guard patrol personnel include com- taining all waters of the Brazos Point missioned, warrant, and petty officers Turning Basin within 100′ of the north of the U.S. Coast Guard. shore and bounded on the east by the (c) Authority. In addition to 33 U.S.C. longitude line drawn through 28°56.58′ 1231, the authority for this section in- N/095°18.64′ W and on the west by the cludes 33 U.S.C. 1226. longitude line drawn through 28°56.64′ [COTP Houston-Galveston–02–010, 67 FR N/095°19.13′ W (NAD 1983). 64048, Oct. 17, 2002] (iv) The Seaway Teppco Facility, containing all waters of the Brazos § 165.814 Security Zones; Captain of Port Turning Basin bounded on the the Port Houston-Galveston Zone. south by the shore, the north by the (a) Location. The following areas are Federal Channel, on the east by the designated as security zones: longitude line running through 28°56.44′ (1) Houston, Texas. The Houston Ship N, 095°18.83′ W and 28°56.48′ N 095°18.83′ Channel and all associated turning ba- W and on the West by the longitude sins, bounded by a line drawn between line running through 28°56.12′ N,

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095°19.27′ W and 28°56.11′ N, 095°19.34′ W missioned, warrant, and petty officers (NAD 1983). of the U.S. Coast Guard. (v) The Conoco Phillips Facility [COTP Houston-Galveston–02–009, 67 FR docks, containing all waters within 100′ 23593, May 5, 2003, as amended by USCG–2009– of a line drawn from a point on shore 0501, 75 FR 8493, Feb. 25, 2010; USCG–2008–0124, at Latitude 28°55.96′ N, Longitude 75 FR 11002, Mar. 10, 2010] 095°19.77′ W, extending west to a point on shore at Latitude 28°56.19′ N, Lon- § 165.815 Ohio River at Louisville, KY; gitude 095°20.07′ W (NAD 1983). regulated navigation area. (vi) The Freeport LNG Basin con- (a) The following is a regulated navi- taining all waters shoreward of a line gation area: The waters of the Ohio drawn between the eastern point at River from the Clark Memorial (High- latitude 28°56′25″ N, 095°18′13″ W, and the way) Bridge at Mile 603.5, downstream western point at 28°56′28″ N, 095°18′31″ to McAlpine Dam at Mile 604.4. W, east towards the jetties. (b) The general regulations governing (b) Regulations. (1) Entry of into these regulated navigation area contained in 33 CFR part 165, subpart B apply. zones is prohibited except for the following: (c) No pleasure or fishing craft shall be operated within the regulated navi- (i) Commercial vessels operating at gation area at any time without prior waterfront facilities within these permission of the Captain of the Port, zones; Louisville, Kentucky, except in case of (ii) Commercial vessels transiting di- emergency and except for passage rectly to or from waterfront facilities through McAlpine Lock. within these zones; (iii) Vessels providing direct oper- [CGD 2–89–04, 55 FR 23203, June 7, 1990. Redes- ignated by CGD 96–026, 61 FR 33669, June 28, ational/logistic support to commercial 1996] vessels within these zones; (iv) Vessels operated by the appro- § 165.817 Arkansas River, Mile 118.2 to priate port authority or by facilities 125.4, Little Rock Arkansas—regu- located within these zones; and lated navigation area. (v) Vessels operated by federal, state, (a) Location. The following is a regu- county, or municipal agencies. lated navigation area (RNA): The (2) Other persons or vessels requiring waters of the Arkansas River between entry into a zone described in this sec- mile 118.2 and mile 125.4. tion must request express permission (b) Regulations. Transit of the RNA to enter from the Captain of the Port is limited during periods of high veloc- Houston-Galveston, or designated rep- ity flow, defined as the flow rate of resentative. The Captain of the Port 70,000 cubic feet per second or more at Houston-Galveston’s designated rep- the Murray Lock and Dam at mile resentatives are any personnel granted 125.4. The flow rate at this location is authority by the Captain of the Port calculated by the U.S. Army Corps of Houston-Galveston to receive, evalu- Engineers on a regular and routine ate, and issue written security zone basis. This information will be distributed by announcements by Coast entry permits, or the designated on- Guard Marine Information Broadcasts, scene U.S. Coast Guard patrol per- publication in Coast Guard Local No- sonnel described in paragraph (b)(4). tice to Mariners, and telephone or (3) To request permission as required radio contact with the Lockmaster at by these regulations contact ‘‘Houston Murray Lock and Dam. Traffic’’ via VHF Channels 11/12 or by (c) Transit of the RNA during periods phone at (713) 671–5103. of high velocity flow may only occur (4) All persons and vessels shall com- under the following conditions: ply with the instructions of the Cap- (1) Vessels may not meet or pass in tain of the Port Houston-Galveston and the RNA. designated on-scene U.S. Coast Guard (2) No vessel shall anchor, stop, re- patrol personnel. On-scene U.S. Coast main or drift without power at any Guard patrol personnel include com- time in the RNA.

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(3) All vessels shall continually mon- moored or anchored unless it obtains itor VHF-FM channel 13 on their radio- permission from the Captain of the telephone while in or approaching the Port to do otherwise. RNA. (2) Commercial vessels operating at (4) Prior to entering the RNA, the waterfront facilities within these downbound vessels shall make a broad- zones. cast in the blind on VHF-FM channel (3) Commercial vessel transiting di- 13 announcing their estimated time of rectly to or from waterfront facilities departure from Murray Lock and Dam within these zones. or from the mooring cells at mile 121.5 (4) Vessels providing direct oper- to ensure there are no upbound vessels ational/logistic support to commercial within the RNA. If there is upbound vessels within these zones. traffic within the RNA, the downbound (5) Vessels operated by the port au- vessel shall not depart until the thority or by facilities located within upbound vessel has passed through the these zones. RNA. After departing, vessels will proceed through the RNA, including all (6) Vessels operated by Federal, drawbridges located therein, without State, county, or municipal agencies. delay. (7) All persons and vessels within the (5) When upbound vessels reach mile moving security zone must comply 116, they shall make a broadcast in the with the instructions of the Captain of blind on VHF-FM channel 13 announc- the Port Houston-Galveston and des- ing their estimated arrival time at the ignated on-scene U.S. Coast Guard pa- Rock Island Railroad Bridge at mile trol personnel. On-scene U.S. Coast 118.2. Guard patrol personnel include com- (6) When a downbound vessel is al- missioned, warrant, and petty officers ready in the RNA, an upbound vessel of the U.S. Coast Guard. shall adjust its speed so as to avoid a (8) To request permission as required meeting situation in the RNA. by these regulations, contact the Sec- (d) Refer to 33 CFR 117.123 for draw- tor Houston-Galveston Command Cen- bridge operation regulations. ter by telephone at (713) 671–5113. In Freeport, vessels should contact the [CGD2–90–04, 57 FR 22176, May 27, 1992. Redes- Captain of the Port’s designated on- ignated by CGD 96–026, 61 FR 33669, June 28, 1996] scene representative for the moving security zone on VHF Channel 16, or by § 165.818 Moving Security Zones, for telephone at (979) 233–7551. certain vessels in Freeport En- (c) Certain vessel definition. For the trance Channel, Freeport, Texas. purposes of this section, certain vessel (a) Location. The following areas are means any vessel within the 12 nau- security zones: All waters within the tical mile U.S. Territorial Waters and Captain of the Port Houston-Galveston bound for the Port of Freeport that is Zone commencing at U.S. territorial deemed to be in need of a moving secu- waters through the Freeport Entrance rity zone by the Captain of the Port, Channel, from surface to bottom, one Houston-Galveston for security rea- thousand (1000) yards ahead and astern sons. In making this determination, and five hundred (500) yards on each the Captain of the Port considers all side of any vessel that has a moving se- relevant security factors, including but curity zone established around it. not limited to the presence of unusu- (b) Regulations. Entry into or remain- ally harmful or hazardous substances ing in the zones described in paragraph and the risk to population or infra- (a) of this section is prohibited unless structure. authorized as follows: (d) Informational broadcasts. The Cap- (1) Moored vessels or vessels an- tain of the Port Houston-Galveston chored in a designated anchorage area will inform the public when moving se- are permitted to remain moored or an- curity zones have been established chored if they come within a security around certain vessels via Broadcast zone described in paragraph (a) of this Notice to Mariners on VHF channel 16 section. A moored or an anchored ves- and 13. Vessels that have a moving se- sel in a security zone must remain curity zone in place around them will

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display the international signal flag or (iii) Vessels providing direct oper- pennant number five. ational or logistical support to com- (e) Authority. In addition to 33 U.S.C. mercial vessels within these zones; 1231 and 50 U.S.C. 191, the authority for (iv) Vessels operated by the appro- this section includes 33 U.S.C. 1226. priate port authority or by facilities located within these zones; and [USCG–2008–0125, 75 FR 8490, Feb. 25, 2010] (v) Vessels operated by Federal, State, county, or municipal law en- § 165.819 Security Zone; Sabine Bank Channel, Sabine Pass Channel and forcement agencies. Sabine-Neches Waterway, TX. (2) Entry into or remaining in a moving security zone described in para- (a) Location. (1) The following LNG graph (a)(2) of this section is prohibited facility mooring basins are designated for all vessels except: as fixed security zones whenever LNG (i) Moored vessels or vessels anchored carriers are moored within them: in a designated anchorage area. A (i) Golden Pass LNG, Sabine TX: All moored or an anchored vessel in a secu- mooring basin waters south of a line rity zone described in paragraph (a)(2) connecting the following points—be- of this section must remain moored or ° ′ ″ ° ′ ″ ginning at 29 45 58 N, 093 55 40 W; then anchored unless it obtains permission ° ′ ″ east to a point at 29 45 52.8 N, from the Captain of the Port to do oth- ° ′ ″ ° 093 55 20.8 W; then bearing 120 T to the erwise; ° ′ ″ ° ′ ″ shoreline at 29 45 50 N, 093 55 17 W. (ii) Commercial vessels operating at (ii) Sabine Pass LNG, Cameron Parish, waterfront facilities located within the LA: All mooring basin waters north of zone; a line connecting the following (iii) Vessels providing direct oper- points—beginning at the shoreline in ational support to commercial vessels position 29°44′34.7″ N, 093°52′29″ W; then within a moving security zone; southeast to a point at 29°44′31.4″ N, (iv) Vessels operated by Federal, 093°52′26.4″ W; then bearing 121° T to a State, county, or municipal law en- point at 29°44′25.2″ N, 093°52′14.6″ W; forcement agencies. then bearing 116° T to the shoreline at (3) Meeting, crossing or overtaking 29°44′23.75 N, 093°52′00″ W. situations are not permitted within the (2) The following areas are designated security zone described in paragraph as moving security zones: All waters of (a)(2) of this section unless specifically the Captain of the Port, Port Arthur authorized by the Captain of the Port. Zone commencing at U.S. territorial (4) Other persons or vessels requiring waters and extending from the surface entry into security zones described in to the bottom, channel edge to channel this section must request permission edge on the Sabine Bank and Sabine from the Captain of the Port, Port Ar- Pass Channels and shoreline to shore- thur or designated representative. line on the Sabine-Neches Waterway, 2 (5) To request permission to enter a miles ahead and 1 mile astern of cer- security zone described in this section, tain designated vessels while in transit contact Vessel Traffic Service Port Ar- within in the Captain of the Port, Port thur on VHF Channel 01A or 65A; by Arthur zone. Mariners would be noti- telephone at (409) 719–5070; by fax at fied of designated vessels by Broadcast (409) 719–5090; or contact the Captain of Notice to Mariners and the presence of the Port’s designated on-scene patrol escort vessels displaying flashing blue vessel on VHF channel 13 or 16. law enforcement lights. (6) All persons and vessels within a (b) Regulations. (1) Entry into or re- security zone described in this section maining in a fixed security zone de- must comply with the instructions of scribed in paragraph (a)(1) of this sec- the Captain of the Port, Port Arthur, tion is prohibited for all vessels except: designated on-scene U.S. Coast Guard (i) Commercial vessels operating at patrol personnel or other designated waterfront facilities within these representatives. Designated on-scene zones; U.S. Coast Guard patrol personnel in- (ii) Commercial vessels transiting di- clude commissioned, warrant, and rectly to or from waterfront facilities petty officers of the U.S. Coast Guard. within these zones; Designated representatives include

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Federal, State, local and municipal law to one-half hour after sunrise when the enforcement agencies. Cincinnati, Ohio, Ohio River Gauge is at or above the 45 foot level. The Cap- [USCG–2009–0316, 75 FR 65235, Oct. 22, 2010, as amended at 76 FR 1521, Jan. 11, 2011] tain of the Port, Louisville, Kentucky will publish a notice in the Local No- § 165.820 Security Zone; Ohio River tice to Mariners and will make an- Mile, 34.6 to 35.1, Shippingport, nouncements by Coast Guard Marine Pennsylvania. Information Broadcasts whenever the (a) Location. The following area is a river level measured at the gauge acti- security zone: The waters of the Ohio vates or terminates the navigation re- River, extending 200 feet from the strictions in this section. shoreline of the left descending bank (c) Regulations. (1) Transit through beginning from mile marker 34.6 and the RNA by all downbound vessels tow- ending at mile marker 35.1. ing cargoes regulated by Title 46 Code (b) Regulations. (1) Entry into or re- of Federal Regulations Subchapters D maining in this zone is prohibited un- and O with a tow length exceeding 600 less authorized by the Coast Guard feet excluding the tow boat is prohib- Captain of the Port, Pittsburgh. ited. (2) Persons and vessels desiring to (2) No vessel shall loiter, anchor, transit the area of the security zone stop, remain or drift without power at may contact the Captain of the Port any time within the navigation chan- Pittsburgh at telephone number 412– nel of the RNA. 644–5808 or on VHF channel 16 to seek (3) All commercial vessels shall con- permission to transit the area. If per- tinually monitor VHF-FM channel 13 mission is granted, all persons and ves- on their radiotelephone while in or ap- sels must comply with the instructions proaching the RNA. of the Captain of the Port Pittsburgh (4) Between Ohio River miles 464.0 or his designated representative. and 466.0, downbound vessels shall (c) Authority. In addition to 33 U.S.C. make a broadcast in the blind, on VHF- 1231, the authority for this section in- FM channel 13 announcing their esti- cludes 33 U.S.C. 1226. mated time of entering the RNA. [COTP Pittsburgh–02–005, 67 FR 40163, June [CGD02–95–003, 61 FR 2417, Jan. 26, 1996. Re- 12, 2002] designated by CGD 97–023, 62 FR 33365, June 19, 1997, as amended by USCG–1998–3799, 63 § 165.821 Ohio River at Cincinnati, OH; FR 35533, June 30, 1998] regulated navigation area. (a) Location. The following is a regu- § 165.822 Safety Zone; Fireworks Dis- lated navigation area (RNA)—The play, Kanawha River, WV. waters of the Ohio River between mile (a) Safety zones. The following areas 466.0 and mile 473.0. are designated safety zones: all waters (b) Activation. The restrictions in between the specified mile markers on paragraphs (c) (1) through (4) are in ef- the Kanawha River, described as fol- fect from one-half hour before sunset lows in the Table to § 165.822(a):

TABLE TO § 165.822(a)

Event name Event location Scheduled date

West Virginia Special Olympics Fireworks Between mile 57.9 and 58.9, Charlestown, First Friday in June. Display. WV. West Virginia Symphony Sunday Fireworks Between mile 59.5 and 60.5, Charlestown, First Sunday in June. Display. WV. St. Albans Fireworks Display ...... Between mile 46.0 and 47.0, St. Albans, Last Saturday in June. WV.

(b) Enforcement. The Captain of the of the enforcement periods for the safe- Port Ohio Valley or designated rep- ty zones. resentative will inform the public (c) Regulations. (1) In accordance with through broadcast notice to mariners the general regulations in § 165.23 of

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this part, entry into this zone is pro- Creek River mile 56 and the north fork hibited unless authorized by the Cap- of Salt Creek. The zone extends out 600 tain of the Port Ohio Valley or des- feet from shore. Boundaries of the zone ignated representative. begin at 40°10′30″ N, 88°50′30″ W; thence (2) Persons or vessels requiring entry east to 40°10′30″ N, 88°49′55″ W; thence into or passage through this zone must south to 40°10′15″ N, 88°49′55″ W; thence request permission from the Captain of west to 40°10′15″ N, 88°50′30″ W; thence the Port Ohio Valley, or a designated returning north to the origin. These representative. They may be contacted coordinates are based upon [NAD 83]. on VHF–FM Channels 13 or 16, or by (b) Regulations. (1) Entry into these telephone at (800) 253–7465. security zones is prohibited unless au- (3) All persons and vessels shall com- thorized by the Coast Guard Captain of ply with the instructions of the Cap- the Port, St. Louis or designated rep- tain of the Port Ohio Valley and des- resentative. ignated on-scene U.S. Coast Guard pa- (2) The Ft. Calhoun and Cooper secu- trol personnel. rity zones include a portion of the nav- (4) On-scene U.S. Coast Guard patrol igable channel of the Missouri River. personnel include commissioned, war- All vessels that may safely navigate rant, and petty officers of the U.S. outside of the channel are prohibited Coast Guard. from entering the security zone with- [USCG–2010–1015, 76 FR 28314, May 17, 2011] out the express permission of the Cap- tain of the Port St. Louis or designated § 165.825 Security Zones; Captain of representative. Vessels that are re- the Port St. Louis, Missouri. quired to use the channel for safe navi- (a) Location. The following areas are gation are authorized entry into the security zones: zone but must remain within the chan- (1) Fort Calhoun Nuclear Power Station nel unless expressly authorized by the Security Zone, Fort Calhoun, Nebraska— Captain of the Port St. Louis or des- all waters of the Missouri River, ex- ignated representative. tending 75 feet from the shoreline of (3) Persons or vessels requiring the the right descending bank beginning Captain of the Port St. Louis’ permis- from mile marker 645.6 and ending at sion to enter the security zones must mile marker 646.0. contact the Coast Guard Sector Upper (2) Cooper Nuclear Station Security Mississippi River at telephone number Zone, Brownville, Nebraska—all waters 319 524–7511 or on VHF marine channel of the Missouri River, extending 250 16 or Marine Safety Detachment Quad feet from the shoreline of the right de- Cities at telephone number 309 782–0627 scending bank beginning from mile or the Captain of the Port, St. Louis at marker 532.5 and ending at mile mark- telephone number 314 539–3091, ext. 3500 er 532.9. in order to seek permission to enter (3) Quad Cities Generating Station Se- the security zones. If permission is curity Zone, Cordova, Illinois—all waters granted, all persons and vessels must of the Upper Mississippi River, extend- comply with the instructions of the ing 300 feet from the shoreline of the Captain of the Port, St. Louis or des- left descending bank beginning from ignated representative. mile marker 506.3 and ending at mile (4) Designated representatives are marker 507.3. commissioned, warrant, and petty offi- (4) Prairie Island Nuclear Generating cers of the U.S. Coast Guard. Facility Security Zone, Welch, Min- (c) Authority. In addition to 33 U.S.C. nesota—all waters of the Upper Mis- 1231, the authority for this section in- sissippi River, extending 300 feet from cludes 33 U.S.C. 1226. the shoreline of the right descending [COTP St. Louis–02–005, 67 FR 64043, Oct. 17, bank beginning from mile marker 798.0 2002] and ending at 798.3. (5) Clinton Power Station Security § 165.827 Regulated Navigation Area; Zone, Clinton, Illinois—all waters of Galveston Channel, TX. Lake Clinton in Dewitt County in East (a) Location. The following area is a Central Illinois bounded by a dam con- regulated navigation area: All waters structed near the confluence of Salt of the Galveston Channel within the

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area from Latitude 29°20′19″ N, Lon- (2) Division 1.5D blasting agents for gitude 094°46′36″ W, east to Latitude which a permit is required under 49 29°20′06″ N, Longitude 094°46′15″ W, CFR 176.415 or, for which a permit is re- south to Latitude 29°19′47″ N, Longitude quired as a condition of a Research and 094°46′27″ W, west to Latitude 29°19′51″ Special Programs Administration ex- N, Longitude 094°46′45″ W, and north to emption. ° ′ ″ Latitude 29 20 19 N, Longitude (3) Division 2.3 ‘‘poisonous gas’’, as ° ′ ″ 094 46 36 W. listed in 49 CFR 172.101 that is also a (b) Regulations. (1) Vessels navigating ‘‘material poisonous by inhalation’’ as this area must do so at a minimum safe defined in 49 CFR 171.8, and that is in a speed so as to not cause any wake. quantity in excess of 1 metric ton per (2) Vessels may proceed at greater barge. than a minimum safe speed with permission of the Captain of the Port (4) Division 5.1 oxidizing materials Houston-Galveston or a designated rep- for which a permit is required under 49 resentative. CFR 176.415 or, for which a permit is re- (3) To request permission as required quired as a condition of a Research and by these regulations, contact the Sec- Special Programs Administration ex- tor Houston-Galveston Command Cen- emption. ter by telephone at (713)671–5113. (5) A liquid material that has a primary or subsidiary classification of Di- [USCG–2009–0931, 75 FR 47715, Aug. 9, 2010] vision 6.1 ‘‘poisonous material’’ as list- § 165.830 Regulated Navigation Area; ed in 49 CFR 172.101 that is also a ‘‘ma- Reporting Requirements for Barges terial poisonous by inhalation’’, as de- Loaded with Certain Dangerous fined in 49 CFR 171.8 and that is in a Cargoes, Inland Rivers, Eighth bulk packaging, or that is in a quan- Coast Guard District. tity in excess of 20 metric tons per (a) Regulated Navigation Area. The fol- barge when not in a bulk packaging. lowing waters are a regulated naviga- (6) Class 7, ‘‘highway route controlled tion area (RNA): the Mississippi River quantity’’ radioactive material or above mile 235.0, Above Head of Passes, ‘‘fissile material, controlled ship- including all its tributaries; the ment’’, as defined in 49 CFR 173.403. Atchafalaya River above mile 55.0, in- (7) Bulk liquefied chlorine gas and cluding the Red River; the Ohio River bulk liquefied gas cargo that is flam- and all its tributaries; and the Ten- mable and/or toxic and carried under 46 nessee River from its confluence with CFR 154.7. the Ohio River to mile zero on the Mo- bile River and all other tributaries be- (8) The following bulk liquids— tween these two rivers. (i) Acetone cyanohydrin, (b) Applicability. This section applies (ii) Allyl alcohol, to towing vessel operators and fleeting (iii) Chlorosulfonic acid, area managers responsible for CDC (iv) Crotonaldehyde, barges in the RNA. This section does (v) Ethylene chlorohydrin, not apply to: (vi) Ethylene dibromide, (1) Towing vessel operators respon- (vii) Methacrylonitrile, sible for barges not carrying CDCs (viii) Oleum (fuming sulfuric acid), barges, or and (2) Fleet tow boats moving one or (ix) Propylene oxide. more CDC barges within a fleeting CDC barge means a barge containing area. (c) Definitions. As used in this sec- CDCs or CDC residue. tion— Downbound means the tow is trav- Barge means a non-self propelled ves- eling with the current. sel engaged in commerce, as set out in Eighth Coast Guard District means the 33 CFR 160.204. Coast Guard District as set out in 33 Certain Dangerous Cargo or (CDC) in- CFR 3.40–1. cludes any of the following: Fleeting area means any fleet, includ- (1) Division 1.1 or 1.2 explosives as de- ing any facility, located within the fined in 49 CFR 173.50. area covered by one single port.

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Fleet tow boat means any size vessel (vii) Any significant deviation from that is used to move, transport, or de- previously reported information; liver a CDC barge within a fleeting (viii) Upon departing the RNA with area. one or more CDC barges; and Inland River Vessel Movement Center (ix) When directed by the IRVMC. or (IRVMC) means the Coast Guard of- (2) The fleeting area manager respon- fice that is responsible for collecting sible for one or more CDC barges in the the information required by this sec- RNA must report all the information tion. items specified in table 165.830(g), in Towing vessel means any size vessel paragraph (g) of this section, to the that is used to move, transport, or de- IRVMC: liver a CDC barge to a fleet or facility (i) Once daily, report all CDC barges that is located in a different port than within the fleeting area; where the voyage originated. (ii) Upon moving one or more CDC Towing vessel operator means the Cap- barges within a fleeting area by a fleet tain or pilot who is on watch on board tow boat; a towing vessel. (iii) Any significant deviation from Upbound means the tow is traveling previously reported information; and against the current. (iv) When directed by the IRVMC. (d) Regulations. The following must (3) Reports required by this section report to the Inland River Vessel Move- may be made by a company representa- ment Center (IRVMC): tive or dispatcher on behalf of the (1) The towing vessel operator re- fleeting area manager. sponsible for one or more CDC barges (4) Reports required by this section in the RNA must report all the infor- must be made to the IRVMC either by mation items specified in table telephone to (866) 442–6089, by fax to 165.830(f), in paragraph (f) of this sec- (866) 442–6107, or by e-mail to tion, to the IRVMC: [email protected]. A reporting form (i) Upon point of entry into the RNA and e-mail link are available at http:// with one or more CDC barges; www.uscg.mil/d8/Divs/M/IRVMC.htm. (ii) Four hours before originating a (5) The general regulations contained voyage within the RNA with one or in 33 CFR 165.13 apply to this section. more CDC barges, except if the evo- (e) Eighth Coast Guard District Inland lution of making up a tow with a CDC River RNA Reporting points. Towing ves- barge will take less than four hours be- sel operators responsible for one or fore originating a voyage, and the tow- more CDC barges in the RNA must ing vessel operator did not receive the make reports to the IRVMC at each order to make up a tow with a CDC point listed in this paragraph (e): barge in advance of four hours before (1) Lower Mississippi River (LMR), between originating the voyage with one or Mile Markers (M): more CDC barges, in which case the (i) M 235.0–240.0 (Entering & Exiting RNA) (ii) M 338.0–343.0 towing vessel operator shall submit the (iii) M 430.0–435.0 required report to the IRVMC as soon (iv) M 520.0–525.0 as possible after receiving orders to (v) M 621.0–626.0 make up a tow with one or more CDC (vi) M 695.0–700.0 barges; (vii) M 772.0–777.0 (iii) Upon dropping off one or more (viii) M 859.0–864.0 CDC barges at a fleeting area or facil- (ix) M 945.0–950.0 (2) Upper Mississippi River (UMR), between ity; Mile Markers (M) and Departing Lock & (iv) Upon picking up one or more ad- Dam (L&D), unless otherwise indicated: ditional CDC barges from a fleeting (i) L&D 3 area or facility; (ii) L&D 4 (v) At designated reporting points, (iii) L&D 8 set forth in paragraph (e) of this sec- (iv) L&D 11 tion; (v) L&D 14 (vi) L&D 18 (vi) When the estimated time of ar- (vii) L&D 21 rival (ETA) to a reporting point varies (viii) L&D 25 by 6 hours from the previously reported (ix) Arriving Melvin Price L&D ETA; (downbound)

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(x) Departing Melvin Price L&D (upbound) (i) Fort Loudon L&D (xi) M 150.0–145.0 (ii) Watts Bar L&D (xii) M 66.0–61.0 (iii) Departing Chickamauga L&D (3) Missouri River (MOR), between Mile (upbound) Markers (M): (iv) Arriving Chickamauga L&D (i) M 54.0–56.0 (downbound) (ii) M 115.0–117.0 (v) Nickajack L&D (iii) M 208.0–210.0 (vi) Gunterville L&D (iv) M 326.0–328.0 (vii) General Joe Wheeler L&D (v) M 397.0–399.0 (vi) M 487.0–489.0 (viii) Pickwick Landing L&D (vii) M 572.0–574.0 (ix) M 122.0–124.0 (viii) M 652.0–654.0 (x) Kentucky L&D (ix) M 745.0–750.0 (11) Tennessee-Tombigbee River, between (4) Illinois River (ILR), at Mile Marker (M) Mile Markers (M) and when Departing and Lock & Dam (L&D), as indicated: Lock & Dam (L&D): (i) M 0.0 (i) Lock D (ii) Departing New LaGrange L&D (ii) Aberdeen L&D (iii) M 140.0 (iii) Aliceville L&D (iv) M 187.2 (Entering & Exiting RNA) (iv) M 202.0–203.0 (5) Ohio River, between Mile Markers (M) (v) Coffeeville L&D and at Lock & Dam (L&D), as indicated: (12) Mobile River, at Mile Marker (M): (i) M 950.0–952.0 (i) 0.0 (Entering & Exiting RNA) (ii) Arriving Smithland L&D (ii) [Reserved] (iii) M 826.0–828.0 (13) Black Warrior River, when Departing (iv) M 748.0–750.0 L&D: (v) M 673.0–675.0 (i) Holt L&D (vi) M 628.0–630.0 (ii) [Reserved] (vii) M 556.0–559.0 (viii) M 511.0–513.0 (14) Alabama River, when Departing L&D: (ix) Departing Capt Anthony Meldahl L&D (i) Claiborne L&D (x) Arriving Greenup L&D (upbound) (ii) Henry L&D (xi) Departing Greenup L&D (downbound) (15) McClellan-Kerr Arkansas River Naviga- (xii) Departing Robert C. Byrd L&D tion System, when Departing Lock & (upbound) Dam (L&D), unless otherwise indicated: (xiii) Arriving Robert C. Bryd L&D (i) Chouteau L&D (downbound) (ii) W.D. Mayo L&D (xiv) Departing Belleville L&D (iii) Ozark-Jeta Taylor L&D (xv) Departing Hannibal L&D (iv) L&D 9 (xvi) Departing Montgomery L&D (v) Arriving David D. Terry L&D (upbound) (6) Allegheny River at Lock & Dam (L&D), as (vi) Departing David D. Terry L&D indicated: (downbound) (i) Departing L&D 4 (upbound) (vii) L&D 2 (ii) Arriving L&D 4 (downbound) (16) Red River, between Mile Markers (M) (7) Monongahela River Departing Lock & and when Departing Lock & Dam (L&D): Dam (L&D): (i) L.C. Boggs L&D (i) Grays Landing L&D (ii) Lock 3 (ii) L&D 3 (iii) M 178.0–180.0 (8) Kanawha River, at Lock & Dam (L&D), as indicated: (17) Atchafalaya River, at Mile Marker (M): (i) Arriving Winfield L&D (upbound) (i) 55.0 (Entering & Exiting RNA) (ii) Departing Winfield L&D (downbound) (ii) [Reserved] (9) Cumberland River, between Mile Markers (f) Information to be reported to the (M) and Departing Lock & Dam (L&D), IRVMC by towing vessel operators. With unless otherwise indicated: the exception noted in paragraph (i) Departing Old Hickory L&D (upbound) (d)(1)(ii) of this section, towing vessel (ii) Arriving Old Hickory L&D (downbound) operators responsible for one or more (iii) M 127.0–129.0 (iv) Barkley L&D CDC barges in the RNA must report all (10) Tennessee River, between Mile Markers the information required by this sec- (M) and when Departing Lock & Dam tion as set out in table 165.830(f) of this (L&D), unless otherwise indicated: paragraph.

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) X X ) X 1 PERATORS arrival O tination of CDC barge cluding esti- (fleeting area or facility), in- cation of des- Name and lo- mated time of ESSEL ...... X ...... V or facility Estimated time of de- OWING parture from fleeting area T BY ) ...... ) ...... ( ...... X 1 1 board of CDC on- IRVMC Type, name and amount ) ( 1 ber Barge(s) name and official num- EPORTED TO THE R E B Name of O vessel moving barge(s) T contact number 24-hour NFORMATION )—I F 165.830( ABLE T If changed. CDC barge...... X X X CDC X X in the RNA with one or more CDC barges; but see exception in paragraph (d)(1)(ii) of this section at a fleeting area or facility CDC barges from a fleeting area or facility ...... 165.830(e) ...... hours from previously reported ETA ...... X ...... ( ...... X ported information (all that apply) ...... X barge(s) X ...... X ...... X ...... X X ( X X X ...... X ...... X X X X X X X X X ...... X X 1 (1) Upon point of entry into the RNA with a (2) 4 hours before to originating a voyage with- (3) Upon dropping off one or more CDC barges (4) Upon picking up one or more additional (5) At designated reporting points in table (6) When ETA to a reporting point varies by 6 (7) Any significant deviation from previously re- (8) Upon departing the RNA with a CDC (9) When directed by the IRVMC ...... X X X X X X X X

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(g) Information to be reported to the report the information required by this IRVMC by fleeting area managers. Fleet- section as set out in table 165.830(g) of ing area managers responsible for one this paragraph. or more CDC barges in the RNA must

TABLE 165.830(G)—INFORMATION TO BE REPORTED TO THE IRVMC BY FLEETING AREA MANAGERS

Barge(s) name Type, name and Location of CDC 24-hour contact and official num- amount of CDC barge (fleeting number ber onboard area or facility)

(1) Once daily, all CDC barges in a fleeting area X X X X (2) Upon moving one or more CDC barges within a fleeting area by a fleet tow boat ...... X X X (3) Any significant deviation from previously reported information (all that apply) ...... X X X X (4) When directed by the IRVMC ...... X X X X

(h) Alternative reporting. The Eighth senger vessels that must comply with Coast Guard District Commander may 33 CFR parts 120 and 128. consider and approve alternative meth- (b) Location. The following areas are ods to be used by a reporting party to security zones: all waters of the Port of meet any reporting requirements if— Mobile and Mobile Ship Channel— (1) the request is submitted in writ- (1) Within 100 yards of a cruise ship ing to Commander, Eighth Coast Guard that is transiting shoreward of the Mo- District (m), Hale Boggs Federal Bldg., bile Sea Buoy (located in approximate 501 Magazine Street, New Orleans, LA position 28°07′50″ N, 88°04′12″ W; NAD 70130; and 83), and (2) the alternative provides an equiv- (2) Within 25 yards of a cruise ship alent level of the reporting that which that is moored shoreward of the Mobile would be achieved by the Coast Guard Sea Buoy. with the required check-in points. (c) Periods of enforcement. This rule (i) Deviation from this section is pro- will only be enforced when a cruise hibited unless specifically authorized ship is transiting the Mobile Ship by the Commander, Eighth Coast Channel shoreward of the Mobile Sea Guard District or the IRVMC. Buoy, while transiting in the Port of Mobile, or while moored in the Port of (Approved by the Office of Management and Mobile. The Captain of the Port Mobile Budget under OMB control number 1625–0105) or a designated representative would [CDG08–03–029, 68 FR 57363, Oct. 3, 2003; 68 FR inform the public through broadcast 63988, Nov. 12, 2003, as amended at 68 FR notice to mariners of the enforcement 69959, Dec. 16, 2003] periods for the security zone. EFFECTIVE DATE NOTE: By USCG–2010–1115, (d) Regulations. (1) Under § 165.33 of 76 FR 1362, Jan. 10, 2011, in § 165.830, para- this part, entry into a security zone is graphs (d), (e), (f), (g), and (h) are stayed prohibited unless authorized by the from midnight Jan. 15, 2011 to midnight Jan. Captain of the Port Mobile or a des- 15, 2013. ignated representative. (2) While a cruise ship is transiting § 165.835 Security Zone; Port of Mo- on the Mobile Ship Channel shoreward bile, Mobile Ship Channel, Mobile, of the Mobile Sea Buoy, and while AL. transiting in the Port of Mobile, all (a) Definition. As used in this sec- persons and vessels are prohibited from tion— entering within 100 yards of a cruise Cruise ship means a passenger vessel ship. over 100 gross tons, carrying more than (3) While a cruise ship is moored in 12 passengers for hire, making a voyage the Port of Mobile, all persons and ves- lasting more than 24 hours any part of sels are prohibited from entering with- which is on the high seas, and for in 25 yards of a cruise ship. which passengers are embarked or dis- (4) Persons or vessels that desire to embarked in the United States or its enter into the security zone for the territories. This definition covers pas- purpose of passing or overtaking a

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cruise ship that is in transit on the Mo- means a moored or anchored vessel bile Ship Channel or in the Port of Mo- that was escorted by Coast Guard as- bile must contact the on-scene Coast sets or other Federal, State, or local Guard representative, request permis- law enforcement agency assets to its sion to conduct such action, and represent location and some or all of ceive authorization from the on-scene those properly marked assets remain Coast Guard representative prior to on-scene to continue to enforce the se- initiating such action. The on-scene curity zone. Coast Guard representative may be Minimum safe speed means the speed contacted on VHF-FM channel 16. at which a vessel proceeds when it is (5) All persons and vessels authorized fully off plane, completely settled in to enter into this security zone must the water and not creating excessive obey any direction or order of the Cap- wake or surge. Due to the different tain of the Port or designated rep- speeds at which vessels of different resentative. The Captain of the Port sizes and configurations may travel Mobile may be contacted by telephone while in compliance with this defini- at (251) 441–5976. The on-scene Coast tion, no specific speed is assigned to Guard representative may be contacted minimum safe speed. In no instance on VHF-FM channel 16. should minimum safe speed be inter- (6) All persons and vessels shall com- preted as a speed less than that re- ply with the instructions of the Cap- quired for a particular vessel to maintain of the Port Mobile and designated tain steerageway. A vessel is not pro- on-scene U.S. Coast Guard patrol per- ceeding at minimum safe speed if it is: sonnel. On-scene Coast Guard patrol (1) On a plane; personnel include commissioned, war- (2) In the process of coming up onto rant, and petty officers of the U.S. or coming off a plane; or Coast Guard. (3) Creating an excessive wake or [COTP Mobile–04–057, 70 FR 20813, Apr. 22, surge. 2005] (b) Regulated area. All navigable waters, as defined in 33 CFR 2.36, with- § 165.836 Security Zone; Escorted Ves- in the Captain of the Port Zone, Mo- sels, Mobile, Alabama, Captain of bile, Alabama, as described in 33 CFR the Port. 3.40–10. (a) Definitions. The following defini- (c) Security zone. A 500-yard security tions apply to this section: zone is established around each es- COTP means Captain of the Port Mo- corted vessel within the regulated area bile, AL. described in paragraph (b) of this sec- Designated representatives means tion. This is a moving security zone Coast Guard Patrol Commanders in- when the escorted vessel is in transit cluding Coast Guard coxswains, petty and becomes a fixed zone when the es- officers and other officers operating corted vessel is anchored or moored. A Coast Guard vessels, and Federal, security zone will not extend beyond State, and local officers designated by the boundary of the regulated area de- or assisting the COTP, in the enforce- scribed in paragraph (b) of this section. ment of the security zone. (d) Regulations. (1) The general regu- Escorted vessel means a vessel, other lations for security zones contained in than a large U.S. naval vessel as de- § 165.33 of this part applies to this sec- fined in 33 CFR 165.2015, that is accom- tion. panied by one or more Coast Guard as- (2) A vessel may request the permis- sets or other Federal, State, or local sion of the COTP Mobile or a des- law enforcement agency assets clearly ignated representative to enter the se- identifiable by flashing lights, vessel curity zone described in paragraph (c) markings, or with agency insignia as of this section. If permitted to enter follows: Coast Guard surface or air the security zone, a vessel must pro- asset displaying the Coast Guard insig- ceed at the minimum safe speed and nia. State and/or local law enforcement must comply with the orders of the asset displaying the applicable agency COTP or a designated representative. markings and/or equipment associated (e) Notice of security zone. The COTP with the agency. Escorted vessel also will inform the public of the existence

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or status of the security zones around Guard Captain of the Port or the des- escorted vessels in the regulated area ignated representative. by broadcast notices to mariners, nor- (3) Upon being hailed by U.S. Coast mally issued at 30-minute intervals Guard patrol personnel by siren, radio, while the security zones remains in ef- flashing light, or other means the oper- fect. Escorted vessels will be identified ator of a vessel must proceed as di- by the presence of Coast Guard assets rected. or other Federal, State or local law en- (4) The Coast Guard may be assisted forcement agency assets. by other Federal, State, or local agen- (f) Contact information. The COTP Mo- cies. bile may be reached via phone at (251) (5) In accordance with the general 441–6211. Any on scene Coast Guard or regulations in 33 CFR part 165.23, no designated representative assets may person or vessel may enter or remain be reached via VHF–FM channel 16. in the zone described in paragraph (a) of this section except for support ves- [USCG–2008–1013, 73 FR 67107, Nov. 13, 2008, as sels/aircraft and support personnel, or amended at 74 FR 22102, May 12, 2009] other vessels authorized by the Captain of the Port Corpus Christi or his des- § 165.837 Safety Zone; Invista Inc Fa- ignated representative. cility Docks, Victoria Barge Canal, Victoria, Texas. (e) Penalties. Vessels or persons vio- lating this rule are subject to the pen- (a) Location. The following area is a alties set forth in 33 U.S.C. 1232 and 50 safety zone: All waters contained with- U.S.C. 192. in a 500-foot (152.5m) extension east and west of the Invista Inc facility docks [USCG–2009–0797, 75 FR 13436, Mar. 22, 2010] while performing offloading operations. § 165.838 Regulated Navigation Area; (b) Enforcement period. This rule will New Orleans Area of Responsibility, be enforced for periods of 24–30 hours New Orleans, LA. twice a month, from the time the over- (a) Regulated Navigation Area. The fol- sized barge docks at the Invista Inc fa- lowing is a regulated navigation area cility until the vessel departs the facil- (RNA): ity upon conclusion of its offloading (1) The Inner Harbor Navigation operations. The Captain of the Port Canal (IHNC) from Mile Marker 22 Corpus Christi will issue a Broadcast (west of Chef Menteur Pass) on the Notice to Mariners before beginning Gulf Intracoastal Waterway, west enforcement and upon ceasing enforce- through the Gulf Intracoastal Water- ment of the safety zone. way and the Inner Harbor Navigation (c) Definitions. The following defini- Canal, out to Lake Ponchartrain and tion applies to this section: designated to the Mississippi River in New Orle- representative means any commis- ans, LA; sioned, warrant, and petty officers of (2) The Harvey Canal, between the the Coast Guard on board Coast Guard, Lapalco Boulevard Bridge and the Coast Guard Auxiliary, and local, intersection of the Harvey Canal and state, and Federal law enforcement the Algiers Canal of the Intracoastal vessels who have been authorized to Waterway; and act on the behalf of the Captain of the (3) The Algiers Canal, from the Al- Port Corpus Christi. giers Lock to the intersection of the (d) Regulations. (1) Persons desiring Algiers Canal and the Harvey Canal. to transit the area of the safety zone (b) Definitions. As used in this sec- may contact the Captain of the Port at tion: telephone number 1–361–939–6393, or the COTP means the Captain of the Port, barge on VHF Channel 16 (156.800MHz) New Orleans; and to seek permission to transit the area. Floating vessel means any floating If permission is granted, all persons vessel to which the Ports and Water- and vessels must comply with the in- ways Safety Act, 33 U.S.C. 1221 et seq., structions of the Captain of the Port or applies. his or her designated representative. (c) Enforcement. (1) The provisions of (2) All persons and vessels must com- this paragraph (c) will be enforced only ply with the instructions of the Coast 24 hours in advance of, and during the

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duration of, any of the following pre- (i) The reason for requesting the dicted weather conditions: waiver; (i) Predicted winds of 74 miles per (ii) The vessel’s current operations; hour (mph) or more or a predicted (iii) The name of any intended moor- storm surge of 8 feet or more for the ing facility, the specific mooring loca- Inner Harbor Navigation Canal; tion within that facility, and a list of (ii) Predicted winds of 111 mph or vessels routinely engaged in business more and/or a predicted storm surge of at that facility; 10.5 feet or more for the Harvey or Al- (iv) The vessel’s proposed operation giers Canals through post storm land- during the RNA enforcement period, fall, or other hurricane or tropical including intended mooring arrange- storm conditions as determined by the ments that comply with 33 CFR 165.803 COTP; or and the mooring facility’s equipment (iii) Other hurricane or tropical for supporting those arrangements; and storm conditions expected to inflict (v) Contact information for the vessel significant damage to low lying and owner or operator during the RNA en- vulnerable shoreline areas, as deter- forcement period. mined by the COTP through National (3) Under unusual circumstances due Weather Service/Hurricane Center to time constraints, such as the mal- weather predictions. function of a bridge or lock within the (2) In the event that a particularly RNA, the person in charge of a vessel dangerous storm is predicted to have may orally request an immediate waiv- winds or storm surge significantly exer from the COTP, but the vessel owner ceeding the conditions specified in or operator must send written con- paragraphs (c)(1)(i) through (c)(1)(iii) of firmation of the request, containing this section, the COTP may begin en- the information required by paragraph forcement 72 hours in advance of the (d)(2) of this section, to the COTP with- predicted conditions. in five days of the oral request. (3) During enforcement: (4) The COTP may condition approval (i) All floating vessels are prohibited of a waiver request on the vessel own- from entering or remaining in the RNA er’s or operator’s taking measures ad- except pending approval of a waiver re- ditional to those proposed in the waiv- quest made in accordance with para- er request, and may terminate a waiver graph (d) of this section or as author- at any time, if the COTP deems it nec- ized by a waiver approved by the COTP essary to provide safety. in accordance with paragraph (d); (e) Penalties. Failure to comply with (ii) Transient vessels will not be per- this section may result in civil or mitted to seek safe haven in the RNA criminal penalties pursuant to the except in accordance with a pre- Ports and Waterways Safety Act, 33 arranged agreement between the vessel U.S.C. 1221 et seq. and a facility within the RNA, or as (f) Notice of enforcement. The COTP authorized by a waiver approved by the will notify the maritime community of COTP in accordance with paragraph (d) periods during which this regulated of this section. navigation area will be enforced by (4) The COTP will announce enforce- providing advance notice through a ment periods through Marine Safety Marine Safety Information Bulletin Information Bulletins and Safety and Safety Broadcast Notice to Mari- Broadcast Notices to Mariners. ners. (d) Waivers. (1) Upon request of the [USCG–2009–0139, 75 FR 32279, June 8, 2010] vessel owner or operator, the COTP may waive any provision of paragraph NINTH COAST GUARD DISTRICT (c) of this section, if the COTP finds that the vessel’s proposed operation § 165.T09–0260 Safety zone; Red River. can be conducted safely under the (a) Location. The following area is a terms of that waiver. safety zone: Waters of the Red River in (2) A request for waiver must be in the State of North Dakota, including writing, except as provided by para- those portions of the river bordered by graph (d)(3) of this section, and must Richland, Cass, Traill, Grand Forks, describe or provide: Walsh, and Pembina Counties, plus

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those in Minnesota South of a line 5 p.m. on July 15, 2011, the Captain of drawn across latitude 46°20′00″ N, ex- the Port Duluth will notify the public tending the entire width of the river. via a Broadcast Notice to Mariners. (b) Effective date. This rule is effec- (c) Regulations. (1) In accordance with tive from 12:01 a.m. April 8, 2011 until the general regulations in § 165.23 of 11:59 p.m. July 15, 2011. this part, entry into, transiting, or an- (c) Periods of enforcement. This rule choring within this safety zone is pro- will be enforced from April 8, 2011 until hibited unless authorized by the Cap- 11:59 p.m. May 15, 2011 while dangerous tain of the Port Duluth, or his des- flooding conditions exist. The Captain ignated on-scene representative. of the Port Sector Upper Mississippi (2) This safety zone is closed to all River will inform the public through vessel traffic, except as may be per- broadcast notice to mariners of any mitted by the Captain of the Port Du- changes to enforcement periods. luth or his designated on-scene rep- (d) Regulations. (1) In accordance with resentative. the general regulations in § 165, Sub- (3) The ‘‘on-scene representative’’ of part C of this part, entry into this zone the Captain of the Port Duluth is any is prohibited unless authorized by the Coast Guard commissioned, warrant or Captain of the Port Sector Upper Mis- petty officer who has been designated sissippi River and Marine Safety Unit by the Captain of the Port Duluth to Duluth or a designated representative. act on his behalf. The on-scene rep- (2) Persons or vessels requiring entry resentative of the Captain of the Port into or passage through the zone must Duluth will be aboard either a Coast request permission from the Captain of Guard or Coast Guard Auxiliary vessel. the Port Sector Upper Mississippi The Captain of the Port Duluth or his River or a designated representative. designated on-scene representative The Captain of the Port Sector Upper may be contacted via VHF Channel 16. Mississippi River representative may (4) Vessel operators desiring to enter be contacted at (314) 269–2332. or operate within the safety zone shall (3) All persons and vessels shall com- contact the Captain of the Port Duluth ply with the instructions of the Cap- or his on-scene representative to obtain of the Port Sector Upper Mis- tain permission to do so. Vessel opera- sissippi River or their designated rep- tors given permission to enter or oper- resentative. Designated Captain of the ate in the safety zone must comply Port representatives include United with all directions given to them by States Coast Guard commissioned, the Captain of the Port Duluth or his warrant, and petty officers of the U.S. on-scene representative. Coast Guard. EFFECTIVE DATE NOTE: By USCG–2011–0263, EFFECTIVE DATE NOTE: By USCG–2011–0260, 76 FR 22035, Apr. 20, 2011, temporary § 165.T09– 76 FR 23487, Apr. 27, 2011, temporary § 165.T09– 0263 was added, effective from Apr. 20, 2011 0260 was added, effective from Apr. 27, 2011 until July 15, 2011. through 11:59 p.m. on July 15, 2011. § 165.T09–0417 Safety Zone; Put-In-Bay § 165.T09–0263 Safety zone; Red River Fireworks, Fox’s the Dock Pier, Safety Zone, Red River, MN. South Bass Island; Put-In-Bay, OH. (a) Location. The following area is a (a) Location. The following area is a temporary safety zone: all navigable temporary safety zone: All U.S. navi- waters of the Red River in the State of gable waters of Lake Erie, South Bass Minnesota north of a line drawn across Island, Put-In-Bay, OH within a 50-yard latitude 46°20’00’’ N, including those radius of the fireworks launch site lo- portions of the river in Wilkin, Clay, cated at position 41°39′17″ N, 082°48′57″ Norman, Polk, Marshall and Kittson W. All geographic coordinates are counties, to the United States—Canada North American Datum of 1983 (NAD international border. 83). (b) Effective period. This rule is effec- (b) Effective and enforcement period. tive from 5 p.m. on April 7, 2011 until 5 This regulation is effective from 9:15 p.m. on July 15, 2011. If the river condi- p.m. on June 19, 2011 through 9:45 p.m. tions change such that enforcement of on September 17, 2011. The safety zone the Safety Zone is unnecessary prior to will be enforced from 9:15 p.m. until

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9:45 p.m. on June 19, June 27, and Sep- (2) Regulations. (i) All vessels are pro- tember 17, 2011. The Captain of the hibited from transiting the safety zone Port, Sector Detroit, or his designated with any non-potable water on board if representative may suspend enforce- they intend to release that water in ment of the safety zone at any time. any form within, or on the other side of (c) Regulations. (1) In accordance with the safety zone. Non-potable water in- the general regulations in § 165.23 of cludes but is not limited to any water this part, entry into, transiting, or an- taken on board to control or maintain choring within this safety zone is pro- trim, draft, stability or stresses of the hibited unless authorized by the Cap- vessel, or taken on board due to free tain of the Port, Sector Detroit, or his communication between the hull of the designated representative. vessel and exterior water. Potable (2) This safety zone is closed to all water is water treated and stored vessel traffic, except as may be per- aboard the vessel that is suitable for mitted by the Captain of the Port, Sec- human consumption. tor Detroit or his designated represent- (ii) Vessels with non-potable water ative. onboard are permitted to transit the (3) The ‘‘designated representative’’ safety zone if they have taken steps to of the Captain of the Port, Sector De- prevent the release of that water in troit is any Coast Guard commissioned, any form, in or on the other side of, the warrant, or petty officer who has been safety zone, or alternatively if they designated by the Captain of the Port, have plans to dispose of the water in a Sector Detroit to act on his behalf. The biologically sound manner. designated representative of the Cap- (iii) Vessels with non-potable water tain of the Port, Sector Detroit will be aboard that intend to discharge on the aboard either a Coast Guard or Coast other side of the zone must contact the Guard Auxiliary vessel. The Captain of COTP, her designated representative or the Port, Sector Detroit or his des- her on-scene representative and obtain ignated representative may be con- permission to transit and discharge tacted via VHF Channel 16. prior to transit. Examples of dis- (4) Vessel operators desiring to enter charges that may be approved by the or operate within the safety zone shall COTP include plans to dispose of the contact the Captain of the Port, Sector water in a biologically sound manner Detroit or his designated representa- or demonstrate through testing that tive to obtain permission to do so. Ves- the non-potable water does not contain sel operators given permission to enter potential live Silver or Asian carp, or or operate in the safety zone must viable eggs or, gametes from these comply with all directions given to carp. them by the Captain of the Port, Sec- (iv) In accordance with the general tor Detroit or his designated represent- regulations in § 165.23 of this part, ative. entry into, transiting, or anchoring within this safety zone by vessels with EFFECTIVE DATE NOTE: By USCG–2011–0417, non-potable water on board is prohib- 76 FR 31852, June 2, 2011, temporary § 165.T09– 0417 was added, effective from 9:15 p.m. on ited unless authorized by the Captain June 19, 2011 through 9:45 p.m. Sept. 17, 2011. of the Port Lake Michigan, her designated representative, or her on-scene § 165.T09–1054 Safety Zone and Regu- representative. lated Navigation Area, Chicago San- (v) The ‘‘on-scene representative’’ of itary and Ship Canal, Romeoville, the Captain of the Port is any Coast IL. Guard commissioned, warrant or petty (a) Safety zone. (1) The following area officer who has been designated by the is a temporary safety zone: All waters Captain of the Port Lake Michigan to of the CSSC located between mile act on her behalf. The on-scene rep- marker 296.1 (approximately 958 feet resentative of the Captain of the Port south of the Romeo Road Bridge) and Lake Michigan will be aboard a Coast mile marker 296.7 (aerial pipeline arch Guard, Coast Guard Auxiliary, or other located approximately 2,693 feet north designated vessel or will be on shore east of Romeo Road Bridge). and will communicate with vessels via

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VHF–FM radio or loudhailer. The Cap- a Coast Guard approved personal flota- tain of the Port Lake Michigan or her tion device. on-scene representative may also be (G) Vessels may not moor or lay up contacted via VHF–FM radio Channel on the right or left descending banks of 16 or through the Coast Guard Sector the RNA. Lake Michigan Command Center at (H) Towboats may not make or break 414–747–7182. tows if any portion of the towboat or (b) Regulated navigation area. (1) The tow is located in the RNA. following is a regulated navigation (I) Persons on board any vessel area (RNA): All waters of the Chicago transiting this RNA in accordance with Sanitary and Ship Canal, Romeoville, this rule or otherwise are advised they IL located between mile marker 295.5 do so at their own risk. (approximately 3,600 feet south of the (J) Vessels must be greater than Romeo Road Bridge) and mile marker twenty feet in length. 297.2 (approximately 2,640 feet north of (K) Vessels must not be a personal the aerial pipeline arch). watercraft of any kind (e.g. jet skis, (2) Regulations. (i) The general regu- wave runners, kayaks, etc.). lations contained in 33 CFR 165.13 (c) Definitions. The following defini- apply. tions apply to this section: (ii) Vessels that comply with the fol- Bow boat means a towing vessel capa- lowing restrictions are permitted to ble of providing positive control of the transit the RNA: bow of a tow containing one or more (A) All up-bound and down-bound barges, while transiting the RNA. The barge tows that consist of barges car- bow boat must be capable of preventing rying flammable liquid cargos (Grade A a tow containing one or more barges through C, flashpoint below 140 degrees from coming into contact with the Fahrenheit, or heated to within 15 de- shore and other moored vessels. grees Fahrenheit of flash point) must Designated representative means the engage the services of a bow boat at all Captain of the Port Lake Michigan and times until the entire tow is clear of Commanding Officer, Marine Safety the RNA. Unit Chicago. (B) Vessels engaged in commercial Vessel means every description of service, as defined in 46 U.S.C. 2101(5), watercraft or other artificial contriv- may not pass (meet or overtake) in the ance used, or capable or being used, as RNA and must make a SECURITE call a means of transportation on water. when approaching the RNA to an- This definition includes, but is not lim- nounce intentions and work out pass- ited to, barges. ing arrangements. (d) Enforcement period. The regulated (C) Commercial tows transiting the navigation area and safety zone will be RNA must be made up with only wire enforced from 5 p.m. on December 1, rope to ensure electrical connectivity 2010, until 5 p.m. on December 1, 2011. between all segments of the tow. This regulated navigation area and (D) All vessels are prohibited from safety zone are enforceable with actual loitering in the RNA. notice by Coast Guard personnel begin- (E) Vessels may enter the RNA for ning 5 p.m. on December 1, 2010, until 5 the sole purpose of transiting to the p.m. on December 1, 2011. other side and must maintain headway (e) Compliance. All persons and ves- throughout the transit. All vessels and sels must comply with this section and persons are prohibited from dredging, any additional instructions or orders of laying cable, dragging, fishing, con- the Ninth Coast Guard District Com- ducting salvage operations, or any mander, or his designated representa- other activity, which could disturb the tives. Any person on board any vessel bottom of the RNA. transiting this RNA in accordance with (F) Except for law enforcement and this rule or otherwise does so at their emergency response personnel, all per- own risk. sonnel on vessels transiting the RNA (f) Waiver. For any vessel, the Ninth should remain inside the cabin, or as Coast Guard District Commander, or inboard as practicable. If personnel his designated representatives, may must be on open decks, they must wear waive any of the requirements of this

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section, upon finding that operational may authorize specific vessels to navi- conditions or other circumstances are gate in a closed regulated navigation such that application of this section is area. unnecessary or impractical for the purposes of vessel and mariner safety. [CGD 79–034, 47 FR 29660, July 8, 1982, as amended by CGD 79–026, 48 FR 35408, Aug. 4, EFFECTIVE DATE NOTE: By USCG–2010–1054, 1983] 75 FR 75150, Dec. 2, 2010, temporary § 165.T09– 1054 was added, effective from 5 p.m. on Dec. § 165.902 Niagara River at Niagara 1, 2010 until 5 p.m. on Dec. 1, 2011. Falls, New York—safety zone. § 165.901 Great Lakes—regulated navi- (a) The following is a safety zone— gation areas. The United States waters of the Niag- ara River from the crest of the Amer- (a) Lake Huron. The following are ican and Horseshoe Falls, Niagara regulated navigation areas: Falls, New York to a line drawn across (1) The waters of Lake Huron known the Niagara River from the down- as South Channel between Bois Blanc stream side of the mouth of Gill Creek Island and Cheboygan, Michigan; to the upstream end of the breakwater bounded by a line north from at the mouth of the Welland River. Cheyboygan Crib Light (LL–1340) at ° ′ ″ ° ′ ″ 45 39 48 N, 84 27 36 W; to Bois Blanc Is- § 165.903 Safety Zones: Cuyahoga land at 45°43′42″ N, 84°27′36″ W; and a River and Old River, Cleveland, OH. line north from the mainland at 45°43′00″ N, 84°35′30″ W; to the western (a) Location. The waters of the Cuya- tangent of Bois Blanc Island at 45°48′42″ hoga River and the Old River extending N, 84°35′30″ W. ten feet into the river at the following (2) The waters of Lake Huron be- eleven locations, including the adja- tween Mackinac Island and St. Ignace, cent shorelines, are safety zones, co- Michigan, bounded by a line east from ordinates for which are based on NAD position 45°52′12″ N, 84°43′00″ W; to 83. Mackinac Island at 45°52′12″ N, 84°39′00″ (1) From the point where the shore- W; and a line east from the mainland line intersects longitude 81°42′24.5″ W, at 45°53′12″ N, 84°43′30″ W; to the north- which is the southern side of the Nor- ern tangent of Mackinac Island at folk and Southern No. 1 railroad 45°53′12″ N, 84°38′48″ W. bridge, southeasterly along the shore (b) Lake Michigan. The following is a for six hundred (600) feet to the point regulated navigation area—The waters where the shoreline intersects lon- of Lake Michigan known as Gray’s gitude 81°42′24.5″ W, which is the Holy Reef Passage bounded by a line from Moses Water Taxi Landing at Fado’s Gray’s Reef Light (LL–2006) at 45°46′00″ Restaurant. N, 85°09′12″ W; to White Shoals Light (2) One hundred (100) feet downriver (LL–2003) at 45°50′30″ N, 85°08′06″ W; to a to one hundred (100) feet upriver from point at 45°49′12″ N, 85°04′48″ W; then to 41 degrees 29′53.5″ N, 81 degrees 42′33.5″ a point at 45°45′42″ N, 85°08′42″ W; then W, which is the knuckle on the north to the point of beginning. side of the Old River entrance at On- (c) Regulations. The COTP, Sault Ste. tario Stone. Marie, will close and open these regu- (3) Fifty (50) feet downriver to fifty lated navigation areas as ice conditions (50) feet upriver from 41 degrees 29′48.4″ dictate. Under normal seasonal condi- N, 81 degrees 42′44″ W, which is the tions, only one closing each winter and knuckle adjacent to the Ontario Stone one opening each spring are antici- warehouse on the south side of the Old pated. Prior to the closing or opening River. of the regulated navigation areas, the (4) From 41 degrees 29′51.1″ N, 81 de- COTP will give interested parties, in- grees 42′32.0″ W, which is the corner of cluding both shipping interests and is- Christie’s Cabaret pier at Sycamore land residents, not less than 72 hours Slip on the Old River, to fifty (50) feet notice of the action. No vessel may east of 41 degrees 29′55.1″ N, 81 degrees navigate in a regulated navigation area 42′27.6″ W, which is the north point of which has been closed by the COTP. the pier at Shooter’s Restaurant on the Under emergency conditions, the COTP Cuyahoga River.

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(5) Twenty-five (25) feet downriver to greater are not navigating in the proxi- twenty-five (25) feet upriver of 41 de- mate area. Any requests for a waiver grees 29′48.9″ N, 81 degrees 42′10.7″ W, must include a plan to ensure imme- which is the knuckle toward the diate removal of any vessels moored in downriver corner of the Nautica Stage. a safety zone upon the approach of a (6) Ten (10) feet downriver to ten (10) vessel(s) 1600 GTs or greater. feet upriver of 41 degrees 29′45.5″ N, 81 degrees 42′9.7″ W, which is the knuckle [COTP Cleveland REG 89–01, 54 FR 9778, Mar. 8, 1989, as amended by CGD 09–95–018, 61 FR toward the upriver corner of the 37685, July 19, 1996; USCG–2000–7223, 65 FR Nautica Stage. 40059, June 29, 2000; USCG–2001–9286, 66 FR (7) The fender on the west bank of 33642, June 25, 2001] the river at 41 degrees 29′45.2″ N, 81 degrees 42.10″ W, which is the knuckle at § 165.904 Lake Michigan at Chicago Bascule Bridge (railroad). Harbor & Burnham Park Harbor— (8) The two hundred seventy (270) Safety and Security Zone. foot section on the east bank of the (a) Location. All waters, waterfront river between the Columbus Road facilities, and shoreline areas within bridge (41 degrees 29′18.8″ N, 81 degrees 1000 yards of the shoreline surrounding ′ 42 02.3W) downriver to the chain link Merrill C. Meigs Airfield constitute a fence at the upriver end of the Com- safety and security zone. This includes modores Club Marina. all waters including Burnham Park (9) Fifty (50) feet downriver of twen- Harbor and the southern part of Chi- ty-five (25) feet upriver from 41 degrees cago Harbor, Lake Michigan, bounded ′ ″ ′ ″ 29 24.5 N, 81 degrees 41 57.2 W, which is by the following coordinates: the knuckle at the Upriver Marine fuel (1) Northwest point: 41°52′33″ N, pump. 87°36′58″ W (10) Seventy-five (75) feet downriver (2) Northeast point: 41°52′33″ N, to seventy-five (75) feet upriver from 41 ° ′ ″ degrees 29′33.7″ N, 81 degrees 41′57.5″ W. 87 35 41 W ° ′ ″ which is the knuckle adjacent to the (3) Southeast point: 41 50 42 N, ° ′ ″ warehouse at Alpha Precast Products 87 35 41 W (United Ready Mix). (4) Southwest point: 41°50′42″ N, (11) Fifteen (15) feet downriver to fif- 87°36′33″ W teen (15) feet upriver from 41 degrees (5) From the southwest point, north 29′41″ N, 81 degrees 41′38.6″ W, which is along the Lake Michigan shoreline, in- the end of the chain link fence between cluding Burnham Park Harbor, to the The Club Mega and Shippers C & D. northwest point. (b) Regulations—(1) General Rule. Ex- (b) Effective times and dates. This safe- cept as provided below, entry of any ty and security zone will be in effect at kind or for any purpose into the fore- various times to be published in the going zones is strictly prohibited in ac- Coast Guard Local Notice to Mariners cordance with the general regulations or broadcasted via Marine Radio VHF- in § 165.23 of this part. FM Channels 16 & 22. These times will (2) Exceptions. Any vessel may tran- include the actual effective time and sit, but not moor, stand or anchor in, date and the termination time and the foregoing zones as necessary to date. comply with the Inland Navigation (c) Restrictions. (1) In accordance with Rules or to otherwise facilitate safe the general regulations in section navigation. Cargo vessels of 1600 gross 165.23 and 165.33 of this part, entry into tons (GT) or greater may moor in these this zone is prohibited, unless author- zones when conducting cargo transfer ized by the U.S. Coast Guard Captain of operations. the Port Lake Michigan, or the U.S. (3) Waivers. Owners or operators of Secret Service. Other general require- docks wishing a partial waiver of these ments in §§ 165.23 and 165.33 also apply. regulations may apply to the Captain Further, no person may enter or re- of the Port, Cleveland, Ohio. Partial main in the shoreline areas of the es- waivers will only be considered to tablished safety and security zone, un- allow for the mooring of vessels in a less cleared by a Coast Guard or U.S. safety zone when vessels of 1600 GT on Secret Service official.

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(2) Vessels in Burnham Park Harbor jetties and the Burke Lakefront Air- at the commencement of the safety and port landfill, or inside the ‘‘Lakeside security zone must be moored and re- Yacht Club docks,’’ defined as the main moored while the safety and secu- docking area inside the Lakeside Yacht rity zone is established, unless author- Club jetties and immediately adjacent ized to get underway by a Coast Guard to Lakeside Yacht Club. or U.S. Secret Service official. (1) Restricted area no. 1. Restricted (3) No person may engage in swim- area no. 1 is the water area on the ming, snorkeling, or diving within the southwest end of the Lakeside Yacht established safety and security zone, Club entrance channel which is south- except with the permission of the Cap- west of a line running 328° T and north- tain of the Port or U.S. Secret Service. west of a line running 232° T from a [CGD09–94–005, 59 FR 45227, Sept. 1, 1994] point at 41°31′28.00″ N, 81°40′02.60″ W, which point is marked by a fixed flash- § 165.905 USX Superfund Site Safety ing yellow light. Zones: St. Louis River. (2) Restricted area no. 2. Restricted (a) The following areas of the St. area no. 2 is the water area of the Louis River, within the designated Lakeside Yacht Club entrance channel boxes of latitude and longitude, are which is outside restricted area no. 1 safety zones: and the entrance to the Yacht Club (1) Safety Zone #1 (North Spirit Lake): docking area, and southwest of a line running 328° T from the intersection of North Boundary: 46°41′33″ W ° ′ ″ ° ′ ″ 81 39 58.47 W and reference line run- South Boundary: 46 41 18 W ° ′ ″ East Boundary: 92°11′53″ W ning between point A at 41 31 33.45 N, West Boundary: 92°12′11″ W 81°39′47.45″ W and point B at 41°31′19.67″ N, 81°40′19.17″ W. (2) Safety Zone #2 (South Spirit Lake): (3) Restricted area no. 3. Restricted North Boundary: 46°40′45″ N area no. 3 is the water area of the South Boundary: 46°40′33″ N Lakeside Yacht Club entrance channel East Boundary: 92°11′40″ W which is outside restricted area no. 1, West Boundary: 92°12′05″ W and southwest of a line running 328° T (b) Transit of vessels through the from point A at 41°31′33.45″ N., waters covered by these zones is pro- 81°39′47.45″ W. hibited. Swimming (including water (4) Restricted area no. 4. Restricted skiing or other recreational use of the area no. 4 is the area inside the Lake- water which involves a substantial risk side Yacht Club docks which is south- of immersion in the water) or taking of west of a line running 328° T from the fish (including all forms of aquatic ani- intersection of 81°39′58.47″ W and a ref- mals) from the waters covered by these erence line running between point A at safety zones is prohibited at all times. 41°31′33.45″ N, 81°39′47.45″ W and point B ° ′ ″ ° ′ ″ [CGD09–95–026, 60 FR 52862, Oct. 11, 1995] at 41 31 19.67 N, 81 40 19.17 W, and northwest of the same reference line. § 165.906 Lakeside Yacht Club in (5) Restricted area no. 5. Restricted Cleveland Harbor, Cleveland, OH— area no. 5 is the area inside the Lake- regulated navigation areas. side Yacht Club docks which is outside (a) Restricted Areas. The following are restricted area 4 and northwest of a areas inside Cleveland Harbor which line 183 feet southeast and parallel to a are subject to navigational restrictions reference line running between point A based on the height of vessel masts as at 41°31′33.45″ N, 81°39′47.45″ W and point specified in paragraph (b) of this sec- B at 41°31′19.67″ N, 81°40′19.17″ W. tion. For the purpose of this section, (6) Restricted area no. 6. Restricted the term ‘‘mast’’ will be used to in- area no. 6 is the area inside the Lake- clude masts, antennae or any other side Yacht Club docks which is outside portion of the vessel extending above restricted areas 4 and 5. the waterline. All of these areas are in- (b) Restrictions applicable to vessels of side the ‘‘Lakeside Yacht Club en- certain heights. Vessels with masts of trance channel,’’ defined as the water certain heights are subject to the fol- area between the Lakeside Yacht Club lowing restrictions with reference to

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the restricted areas detailed in para- marine radio channel 14, or by tele- graph (a) of this section. The height of phone at (216) 781–6411 except as noted a vessel is the height above the water during the suspended hours listed in line of masts, antennas, navigational paragraph (d) of this section. The radio equipment, or any other structure. and telephone will be manned when the (1) Less than 41 feet. Vessels less than instrument guided approach system is 41 feet in height are not subject to any being utilized. restrictions under this section. (4) Clearance may also be obtained (2) 41 to 45 feet. Vessels at least 41 feet for longer periods or for groups of ves- in height yet less than 45 feet in height sels when arranged in advance with may not enter restricted area 1. Burke Lakefront Airport by any appro- (3) 45 to 53 feet. Vessels at least 45 feet priate means of communication, in- in height yet less than 53 feet in height cluding a prior written agreement. may not enter restricted area 1 and (d) Enforcement of clearance require- must comply with the clearance proce- ments. The clearance procedures speci- dures prescribed in paragraph (c) when fied in paragraph (c) of this section will navigating through restricted area 2. not be enforced during the following (4) 53 to 63 feet. Vessels at least 53 feet times: in height yet less than 63 feet in height (1) 11:00 p.m. n Fridays to 7:00 a.m. on may not enter restricted area 1, must Saturdays. comply with the clearance procedures (2) 11:00 p.m. on Saturdays to 8:00 prescribed in paragraph (c) of this sec- a.m. on Sundays. tion when navigating through re- (3) 12:00 midnight Sunday nights to stricted area 2, and may not dock in or 7:00 a.m. on Mondays. enter restricted area 4 at any time. (e) Enforcement. This section will not (5) 63 to 95 feet. Vessels at least 63 feet be enforced during any period in which in height yet less than 95 feet in height the Federal Aviation Administration may not enter restricted area 1, must withdraws approval for operation of an comply with the clearance procedures instrument-only approach to runway 24 prescribed in paragraph (c) of this sec- on the northeast end of Burke Lake- tion when navigating through re- front Airport. stricted areas 2 or 3, and may not dock [CGD09–97–002, 64 FR 8006, Feb. 18, 1999] in or enter restricted areas 4 or 5 at any time. § 165.907 [Reserved] (6) 95 feet or more. Vessel 95 feet or more in height may not enter any re- § 165.909 [Reserved] stricted area, 1 through 6, at any time. (c) Clearance procedures. Except dur- § 165.910 Security Zones; Captain of ing the times specified in paragraph the Port Lake Michigan. (d), operators of vessels subject to (a) Security zones. The following these procedures must do the fol- areas, defined by coordinates based lowing: upon North American Datum 1983, are (1) Obtain clearance from the Burke security zones: Lakefront Air Traffic Control Tower (1) Navy Pier Northside. (i) Location. before navigating through the re- All waters between the Navy Pier and stricted area(s); the Jardine Water Filtration Plant (2) Navigate promptly through the shoreward of a line drawn from the area(s) at a safe and practical speed. southeast corner of the Jardine Water Navigation at a safe and practical Filtration Plant at 41°53′36″ N, 87°36′10″ speed includes brief stops at the fueling W, to the northeast corner of the Navy dock inside restricted area 3 by vessels Pier at 41°53′32″ N, 87°35′55″ W; then fol- with masts between 63 and 95 feet in lowing the Navy Pier, seawall, and height; and Jardine Water Filtration Plant back to (3) Promptly inform the Burke Lake- the beginning. front Air Traffic Control Tower after (ii) Regulations. The Captain of the clearing the restricted area(s), or of Port Lake Michigan will normally per- any difficulty preventing prompt clear- mit those U.S. Coast Guard certificated ance. The Burke Lakefront Air Traffic passenger vessels that normally load Control Tower may be contacted on and unload passengers at Navy Pier to

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operate in the zone. However, should northwest to the shoreline at 42°27′06″ the Captain of the Port Lake Michigan N, 87°48′00″ W; then following along the determine it is appropriate, he will re- shoreline back to the beginning. quire even those U.S. Coast Guard cer- (7) 68th Street Water Intake Crib. All tificated passenger vessels which nor- waters of Lake Michigan within the arc mally load and unload passengers at of a circle with a 100-yard radius of the Navy Pier to request permission before 68th Street Crib with its center in ap- leaving or entering the security zones. proximate position 41°47′10″ N, 87°31′51″ The Captain of the Port Lake Michigan W. will notify these vessels via Broadcast (8) Dever Water Intake Crib. All waters Notice to Mariners if they must notify of Lake Michigan within the arc of a the Coast Guard before entering or transiting the security zone. As such, circle with a 100-yard radius of the vessels that regularly operate within Dever Crib with its center in approxi- ° ′ ″ ° ′ ″ this zone are responsible for moni- mate position 41 54 55 N, 87 33 20 W. toring Broadcasts Notice to Mariners (9) 79th Street Water Intake Crib. All for the Chicago area. These broadcasts waters of Lake Michigan within the arc will be made by U.S. Coast Guard Sec- of a circle with a 100-yard radius of the tor Lake Michigan. 79th Street Water Filtration Plant (2) Dresden Nuclear Power Plant. All with its center in the approximate po- waters of the Illinois River in the vi- sition 41°45′30″ N, 87°32′32″ W. cinity of Dresden Nuclear Power Plant (b) Regulations. (1) Under § 165.33, encompassed by a line starting on the entry into these zones is prohibited un- shoreline at 41°23′45″ N, 88°16′18″ W; then less authorized by the Coast Guard east to the shoreline at 41°23′39″ N, Captain of the Port Lake Michigan. 88°16′09″ W; then following along the Section 165.33 also contains other gen- shoreline back to the beginning. eral requirements. (3) Donald C. Cook Nuclear Power (2) All persons and vessels shall com- Plant. All waters of Lake Michigan ply with the instruction of the Captain around the Donald C. Cook Nuclear of the Port Lake Michigan or the des- Power Plant encompassed by a line ignated on-scene U.S. Coast Guard pa- starting on the shoreline at 41°58.656′ N, trol personnel. On-scene patrol per- 86°33.972′ W; then northwest to 41°58.769′ N, 86°34.525′ W; then southwest to sonnel include commissioned, warrant, 41°58.589′ N, 86°34.591′ W; then southeast and petty officers of the U.S. Coast to the shoreline at 41°58.476′ N, 86°34.038′ Guard on board Coast Guard, Coast W; and following along the shoreline Guard Auxiliary, local, state, and fed- back to the beginning. eral law enforcement vessels. Emer- (4) Palisades Nuclear Power Plant. All gency response vessels are authorized waters of Lake Michigan around the to move within the zone but must Palisades Nuclear Power Plant within abide by the restrictions imposed by a line starting on the shoreline at the Captain of the Port. 42°19′07″ N, 86°19′05″ W; then northwest (3) Persons who would like to transit to 42°19′22″ N, 86°19′54″ W; then north to through a security zone in this section 42°19′44″ N, 86°19′43″ W; then southeast must contact the Captain of the Port back to the shoreline at 42°19′31″ N, at telephone number (630) 986–2175 or on 86°18′50″ W; then following along the VHF channel 16 (121.5 MHz) to seek per- shoreline back to the beginning. mission to transit the area. If permis- (5) Hammond Intake Crib. All navi- sion is granted, all persons and vessels gable waters bounded by the arc of a shall comply with the instructions of circle with a 100-yard radius with its the Captain of the Port or his or her ° ′ ″ center in approximate position 41 42 15 designated representative. N, 087°29′49″ W (NAD 83). (c) Authority. In addition to 33 U.S.C. (6) Zion Nuclear Power Plant. All waters of Lake Michigan encompassed 1231 and 50 U.S.C. 191, the authority for by a line starting on the shoreline at this section includes 33 U.S.C. 1226. 42°26′36″ N, 87°48′03″ W; then southeast [CGD09–02–001, 67 FR 53502, Aug. 16, 2002; 67 to 42°26′20″ N, 87°47′35″ W; then north- FR 65041, Oct. 23, 2002, as amended by CGD09– east to 42°26′53″ N, 87°47′22″ W; then 04–020, 69 FR 71709, Dec. 10, 2004]

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§ 165.911 Security Zones; Captain of ber (315) 769–5483, or on VHF/FM chan- the Port Buffalo Zone. nel 16 to seek permission to transit the (a) Location. The following are secu- area. If permission is granted, all per- rity zones: sons and vessels shall comply with the (1) Nine Mile Point and Fitzpatrick Nu- instructions of the Captain of the Port clear Power Plants. The navigable or his or her designated representative. waters of Lake Ontario bounded by the (c) Authority. In addition to 33 U.S.C. following coordinates: commencing at 1231 and 50 U.S.C. 191, the authority for 43°30.8′ N, 076°25.7′ W; then north to this section includes 33 U.S.C. 1226. 43°31.2′ N, 076°25.7′ W; then east-north- [CGD09–02–005, 67 FR 53500, Aug. 16, 2002, as east to 43°31.6′ N, 076°24.9′ W; then east amended by USCG–2010–0821, 75 FR 61100, Oct. to 43°31.8′ N, 076°23.2′ W; then south to 4, 2010] 43°31.5′ N, 076°23.2′ W; and then following the shoreline back to the point § 165.912 Security Zone; Lake Erie, of origin (NAD 83). Perry, OH. (2) Ginna Nuclear Power Plant. The (a) Location: The following area is a waters of Lake Ontario bounded by the security zone: all navigable waters of following area, starting at 43°16.9′ N, Lake Erie bounded by a line drawn be- 077°18.9′ W; then north to 43°17.3′ N, tween the following coordinates begin- 077°18.9′ W; then east to 43°17.3′ N, ning at 41° 48.187′ N, 081° 08.818′ W; then 077°18.3′ W; then south to 43°16.7′ N, due north to 41° 48.7′ N, 081° 08.818′ W; 077°18.3′ W; then following the shoreline then due east to 41° 48.7′ N, 081° 08.455′ back to starting point (NAD 83). W; then due south to the south shore of (3) Moses-Saunders Power Dam. The Lake Erie at 41° 48.231′ N, 081° 08.455′ W; waters of the St. Lawrence River thence westerly following the shoreline bounded by the following area, starting back to the beginning (NAD 83). at 45°00.73′ N, 074°47.85′ W; southeast fol- (b) Regulations. In accordance with lowing the international border to the general regulations in § 165.33 of 45°00.25′ N, 074°47.56′ W; then southwest this part, entry into this zone is pro- to 45°00.16′ N, 074°47.76′ W; then east to hibited unless authorized by the Coast the shoreline at 45°00.16′ N, 074°47.93′ W; Guard Captain of the Port Cleveland, then northwest to 45°00.36′ N, 074°48.16′ or the designated on-scene representa- W; then northeast back to the starting tive. point (NAD 83). (c) Authority. In addition to 33 U.S.C. (4) Long Sault Spillway Dam. The 1231 and 50 U.S.C. 191, the authority for waters of the St. Lawrence River this section includes 33 U.S.C. 1226. bounded by the following area, starting [CGD09–02–006, 67 FR 52611, Aug. 13, 2002] at 44°59.5′ N, 074°52.0′ W; north to 45°00.0′ N, 074°52.0′ W; east to 45°00.0′ N, 074°51.6′ § 165.914 [Reserved] W, then south to 44°59.5′ N, 074°51.6′ W; then west back to the starting point § 165.915 Security zones; Captain of (NAD 83). the Port Detroit. (b) Regulations. (1) In accordance with (a) Security zones. The following areas § 165.33, entry into this zone is prohib- are security zones: ited unless authorized by the Coast (1) Enrico Fermi 2 Nuclear Power Sta- Guard Captain of the Port Buffalo. tion. All waters and adjacent shoreline (2) Persons or vessels desiring to encompassed by a line commencing at transit the area of the Nine Mile Point 41°58.4′ N, 083°15.4′ W; then northeast to and Fitzpatrick Nuclear Power Plants 41°58.5′ N, 083°15.0′ W; then southeast to or Ginna Nuclear Power Plant security 41°58.2′ N, 083°13.7′ W; then south to zones must contact the Captain of Port 41°56.9′ N, 083°13.8′ W; then west to Buffalo at telephone number (716) 843– 41°56.9′ N, 083°15.2′ W; then back to the 9570, or on VHF/FM channel 16 to seek starting point at 41°58.4′ N, 083°15.4′ W permission to transit the area. Persons (NAD 83). desiring to transit the area of Moses- (2) Davis Besse Nuclear Power Station. Saunders Power Dam or Long Sault All waters and adjacent shoreline en- Spillway Dam security zones must con- compassed by a line commencing at tact the Supervisor, Marine Safety De- 41°36.1′ N, 083°04.7′ W; north to 41°37.0′ N, tachment Massena at telephone num- 083°03.9′ W; east to 41°35.9′ N, 083°02.5′ W;

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southwest to 41°35.4′ N, 083°03.7′ W; then (2) Persons desiring to transit the back to the starting point 41°36.1′ N, area of the security zone may contact 083°04.7′ W (NAD 83). the Captain of the Port at telephone (b) Regulations. (1) In accordance with number (414) 747–7155 or on VHF-FM § 165.33, entry into this zone is prohib- Channel 16 to seek permission to tran- ited unless authorized by the Coast sit the area. If permission is granted, Guard Captain of the Port Detroit. Sec- all persons and vessels shall comply tion 165.33 also contains other general with the instructions of the Captain of requirements. the Port or his or her designated rep- (2) Persons desiring to transit resentative. through either of these security zones, (c) Authority. In addition to 33 U.S.C. prior to transiting, must contact the 1231 and 50 U.S.C. 191, the authority for Captain of the Port Detroit at tele- this section includes 33 U.S.C. 1226. phone number (419) 418–6050, or on VHF/ [CGD09–02–007, 67 FR 49578, July 31, 2002, as FM channel 16 and request permission. amended by CGD09–03–277, 69 FR 4242, Jan. If permission is granted, all persons 29, 2004] and vessels shall comply with the instructions of the Captain of the Port or § 165.918 Safety Zones; Annual events his or her designated representative. requiring safety zones in the Cap- (c) Authority. In addition to 33 U.S.C. tain of the Port Sault Sainte Marie zone. 1231 and 50 U.S.C. 191, the authority for this section includes 33 U.S.C. 1226. (a) Safety Zones. The following areas are designated safety zones: [CGD09–02–011, 67 FR 46386, July 15, 2002] (1) Marquette Fourth of July Celebra- tion Fireworks; Marquette, MI: § 165.916 Security Zones; Captain of (i) Location. All U.S. navigable waters the Port Milwaukee Zone, Lake Michigan. of Marquette Harbor within a 1000-foot radius of the fireworks launch site, (a) Location. The following are secu- centered approximately 1250 feet south rity zones: of the Mattson Park Bulkhead Dock (1) Kewaunee Nuclear Power Plant. All and 450 feet east of Ripley Rock, at po- navigable waters of Western Lake sition 46°32′21.7″N, 087°23′07.60″W Michigan encompassed by a line com- [DATUM: NAD 83]. mencing from a point on the shoreline (ii) Enforcement Period. This safety at 44°20.715′ N, 087°32.080′ W; then eas- zone will be enforced each year on July terly to 44°20.720′ N, 087°31.630′ W; then 4 from 9 p.m. until 11 p.m. If the July southerly to 44°20.480′ N, 087°31.630′ W; 4 fireworks are cancelled due to in- then westerly to 44°20.480′ N, 087°31.970′ clement weather, then this section will W, then northerly following the shore- be enforced July 5 from 9 p.m. until 11 line back to the point of origin (NAD p.m. 83). (2) Munising Fourth of July Celebration (2) Point Beach. All navigable waters Fireworks; Munising, MI: of Western Lake Michigan encom- (i) Location. All U.S. navigable waters passed by a line commencing from a of South Bay within a 600-foot radius point on the shoreline at 44° 17.06 N, from the fireworks launch site at the 087° 32.15 W, then northeasterly to 44° end of the Munising City Dock, cen- 17.12 N, 087° 31.59 W, then southeasterly tered in position: 46°24′50.08″N, to 44° 16.48 N, 087° 31.42 W, then south- 086°39′08.52″W [DATUM: NAD 83]. westerly to 44° 16.42 N, 087° 32.02 W, (ii) Enforcement Period. This safety then northwesterly along the shoreline zone will be enforced each year on July back to the point of origin. All coordi- 4 from 9 p.m. until 12:30 a.m. on July 5. nates are based upon North American If the July 4 fireworks are cancelled Datum 1983. due to inclement weather, then this (b) Regulations. (1) In accordance with section will be enforced on July 5 from § 165.33, entry into this zone is prohib- 9 p.m. until 12:30 a.m. on July 6. ited unless authorized by the Coast (3) Grand Marais Splash-In; Grand Guard Captain of the Port Milwaukee. Marais, MI: Section 165.33 also contains other gen- (i) Location. All U.S. navigable waters eral requirements. within the southern portion of West

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Bay bound to the north by a line begin- Round Island Passage Light, at posi- ning approximately 175 feet south- tion 45°50′34.92″ N, 084°37′38.16″ W southeast of the Lake Street Boat [DATUM: NAD 83]. Launch, extending 5280 feet to the east (ii) Enforcement Period. This safety on a true bearing of 079 degrees. The zone will be enforced each year on July eastern boundary will then be formed 4 from 9 p.m. until 11 p.m. If the July by a line drawn to the shoreline on a 4 fireworks are cancelled due to in- true bearing of 170 degrees. The west- clement weather, then this section will ern and southern boundaries of the be enforced July 5 from 9 p.m. until 11 zone will be bound by the shoreline of p.m. West Bay. The coordinates for this (7) Festivals of Fireworks Celebration zone are as follows: 46°40′22.32″ N, Fireworks; St. Ignace, MI: 085°59′00.66″ W, 46°40′32.04″ N, 085°57′46.14″ (i) Location. All U.S. navigable waters W, and 46°40′19.68″ N, 085°57′43.08″ W of East Moran Bay within a 700-foot ra- [DATUM: NAD 83], with the West Bay dius from the fireworks launch site at shoreline forming the South and West the end of the Arnold Transit Mill Slip, boundaries of the zone. centered in position: 45°52′24.62″ N, (ii) Enforcement Period. Each year on 084°43′18.13″ W [DATUM: NAD 83]. the second to last Saturday in June (ii) Enforcement Period. This safety from 2 p.m. until 5 p.m. zone will be enforced each year on (4) Sault Sainte Marie Fourth of July every Saturday following the 4th of Celebration Fireworks; Sault Sainte July until the second Sunday in Sep- Marie, MI: tember from 9 p.m. to 11 p.m. If the (i) Location. All U.S. navigable waters fireworks are cancelled on Saturday of the St. Marys River within a 750-foot due to inclement weather, then this radius around the eastern portion of section will be enforced on Sunday the U.S. Army Corp of Engineers Soo from 9 p.m. to 11 p.m. Locks North East Pier, centered in po- (8) Canada Day Celebration Fireworks; sition: 46°30′19.66″ N, 084°20′31.61″ W Sault Sainte Marie, MI: [DATUM: NAD 83]. (i) All U.S. navigable waters (ii) Enforcement Period. This safety Location. zone will be enforced each year on July of the St. Marys River within a 1200- 4 from 9 p.m. until 11:30 p.m. If the July foot radius from the fireworks launch 4 fireworks are cancelled due to in- site, centered approximately 160 yards clement weather, then this section will north of the U.S. Army Corp of Engi- neers Soo Locks North East Pier, at be enforced July 5 from 9 p.m. until ° ′ ″ ° ′ ″ 11:30 p.m. position 46 30 20.40 N, 084 20 17.64 W [DATUM: NAD 83]. (5) St. Ignace Fourth of July Celebra- tion Fireworks; St. Ignace, MI: (ii) Enforcement Period. This safety (i) Location. All U.S. navigable waters zone will be enforced each year on July of East Moran Bay within a 700-foot ra- 1 from 9 p.m. until 11 p.m. If the July dius from the fireworks launch site at 1 fireworks are cancelled due to in- the end of the Arnold Transit Mill Slip, clement weather, then this section will centered in position: 45°52′24.62″ N, be enforced July 2 from 9 p.m. until 11 084°43′18.13″ W [DATUM: NAD 83]. p.m. (ii) Enforcement Period. This safety (9) Jordan Valley Freedom Festival zone will be enforced each year on July Fireworks; East Jordan, MI: 4 from 9 p.m. until 11:30 p.m. If the July (i) Location. All U.S. navigable waters 4 fireworks are cancelled due to in- of Lake Charlevoix, near the City of clement weather, then this section will East Jordan, within the arc of a circle be enforced July 5 from 9 p.m. until with a 1000-foot radius from the fire- 11:30 p.m. works launch site in position 45°09′18″ (6) Mackinac Island Fourth of July N, 085°07′48″ W [DATUM: NAD 83]. Celebration Fireworks; Mackinac Island, (ii) Enforcement Period. Each year on MI: Saturday of the third weekend of June (i) Location. All U.S. navigable waters from 9 p.m. until 11 p.m. of Lake Huron within a 500-foot radius (10) National Cherry Festival Fourth of of the fireworks launch site, centered July Celebration Fireworks; Traverse City, approximately 1000 yards west of MI:

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(i) Location. All U.S. navigable clement weather, then this section will waters of the West Arm of Grand Tra- be enforced July 5 from 9 p.m. until 11 verse Bay within the arc of a circle p.m. with a 1000-foot radius from the fire- (14) Boyne City Fourth of July Celebra- works launch site located on a barge in tion Fireworks; Boyne City, MI: position 44°46′12″ N, 085°37′06″ W (i) Location. All U.S. navigable waters [DATUM: NAD 83]. of Lake Charlevoix, in the vicinity of (ii) Enforcement Period. This safety Veterans Park, within the arc of a cir- zone will be enforced each year on July cle with a 1400-foot radius from the 4 from 9 p.m. until 11 p.m. If the July fireworks launch site located in posi- 4 fireworks are cancelled due to in- tion 45°13′30″ N, 085°01′40″ W [DATUM: clement weather, then this section will NAD 83]. be enforced July 5 from 9 p.m. until 11 (ii) Enforcement Period. This safety p.m. zone will be enforced each year on July (11) Harbor Springs Fourth of July Cele- 4 from 9 p.m. until 11 p.m. If the July bration Fireworks; Harbor Springs, MI: 4 fireworks are cancelled due to in- (i) Location. All U.S. navigable waters clement weather, then this section will of Lake Michigan and Harbor Springs be enforced July 5 from 9 p.m. until 11 Harbor within the arc of a circle with p.m. a 1000-foot radius from the fireworks (15) National Cherry Festival Air Show; launch site located on a barge in posi- Traverse City, MI: tion 45°25′30″ N, 084°59′06″ W [DATUM: (i) Location. All U.S. navigable waters NAD 83]. of the West Arm of Grand Traverse Bay (ii) This safety Enforcement Period. bounded by a line drawn from 44°46′48″ zone will be enforced each year on July N, 085°38′18″ W, then southeast to 4 from 9 p.m. until 11 p.m. If the July 44°46′30″ N, 085°35′30″ W, then southwest 4 fireworks are cancelled due to in- to 44°46′00″ N, 085°35′48″ W, then north- clement weather, then this section will west to 44°46′30″ N, 085°38′30″ W, then be enforced July 5 from 9 p.m. until 11 back to the point of origin [DATUM: p.m. NAD 83]. (12) Bay Harbor Yacht Club Fourth of (ii) Enforcement Period. Each year on July Celebration Fireworks; Petoskey, MI: Friday, Saturday, and Sunday of the (i) Location. All U.S. navigable waters first complete weekend of July from of Lake Michigan and Bay Harbor Lake noon until 4 p.m. within the arc of a circle with a 500- foot radius from the fireworks launch (16) National Cherry Festival Finale site located on a barge in position Fireworks; Traverse City, MI: 45°21′50″ N, 085°01′37″ W [DATUM: NAD (i) Location. All U.S. navigable waters 83]. and adjacent shoreline of the West Arm (ii) Enforcement Period. This safety of Grand Traverse Bay within the arc zone will be enforced each year on July of a circle with a 1000-foot radius from 3 from 9 p.m. until 11 p.m. If the July the fireworks launch site located on a ° ′ ″ ° ′ ″ 3 fireworks are cancelled due to in- barge in position 44 46 12 N, 085 37 06 clement weather, then this section will W [DATUM: NAD 83]. be enforced July 4 from 9 p.m. until 11 (ii) Enforcement Period. Each year on p.m. the second Saturday of July from 9 (13) Petoskey Fourth of July Celebration p.m. until 11 p.m. Fireworks; Petoskey, MI: (17) Charlevoix Venetian Festival Fri- (i) Location. All U.S. navigable waters day Night Fireworks; Charlevoix, MI: of Lake Michigan and Petoskey Har- (i) Location. All U.S. navigable waters bor, in the vicinity of Bay Front Park, of Lake Charlevoix, in the vicinity of within the arc of a circle with a 1000- Depot Beach, within the arc of a circle foot radius from the fireworks launch with a 1000-foot radius from the fire- site located in position 45°22′40″ N, works launch site located on a barge in 084°57′30″ W [DATUM: NAD 83]. position 45°19′08″ N, 085°14′18″ W (ii) Enforcement Period. This safety [DATUM: NAD 83]. zone will be enforced each year on July (ii) Enforcement Period. Each year on 4 from 9 p.m. until 11 p.m. If the July Friday of the fourth weekend of July 4 fireworks are cancelled due to in- from 9 p.m. until 11 p.m.

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(18) Charlevoix Venetian Festival Satur- less authorized by the Captain of the day Night Fireworks; Charlevoix, MI: Port Sault Sainte Marie, or a des- (i) Location. All U.S. navigable waters ignated representative. of Round Lake within the arc of a cir- (2) All persons and vessels must com- cle with a 300- foot radius from the fire- ply with the instructions of the Coast works launch site located on a barge in Guard Captain of the Port Sault Sainte position 45°19′03″ N, 085°15′18″ W Marie or a designated representative. [DATUM: NAD 83]. Upon being hailed by the U.S. Coast (ii) Enforcement Period. Each year on Guard by siren, radio, flashing light or Saturday of the fourth weekend of July other means, the operator of a vessel from 9 p.m. until 11 p.m. shall proceed as directed. (19) Elk Rapids Harbor Days Fireworks; (3) When a safety zone established by Elk Rapids, MI: this section is being enforced, all ves- (i) Location. All U.S. navigable waters sels must obtain permission from the of Grand Traverse Bay, in the vicinity Captain of the Port Sault Sainte Marie of Edward G. Grace Memorial Park, or a designated representative to enter, within the arc of a circle with a 1000- move within, or exit that safety zone. foot radius from the fireworks launch Vessels and persons granted permission site located in position 44°53′58″ N, to enter the safety zone shall obey all 085°25′04″ W [DATUM: NAD 83]. lawful orders or directions of the Cap- (ii) Enforcement Period. Each year on tain of the Port Sault Sainte Marie or the first Saturday of August from 9 a designated representative. While p.m. until 11 p.m. within a safety zone, all vessels shall (20) Alpena Fourth of July Celebration operate at the minimum speed nec- Fireworks, Alpena, MI: essary to maintain a safe course. (i) Location. All U.S. navigable waters (d) Suspension of Enforcement. If the of Lake Huron within an 800-foot ra- event concludes earlier than scheduled, dius of the fireworks launch site lo- the Captain of the Port Sault Sainte cated near the end of Mason Street, Marie or a designated representative South of State Avenue, at position will issue a Broadcast Notice to Mari- 45°02′42″ N, 083°26′48″ W (NAD 83). ners notifying the public that enforce- (ii) Enforcement Period. This safety ment of the respective safety zone is zone will be enforced each year on July suspended. 4 from 9 p.m. until 11 p.m. If the July (e) Exemption. Public vessels, as de- 4 fireworks are cancelled due to in- fined in paragraph (b) of this section, clement weather, then this section will are exempt from the requirements in be enforced July 5 from 9 p.m. until 11 this section. p.m. (f) Waiver. For any vessel, the Cap- (b) Definitions. The following defini- tain of the Port Sault Sainte Marie or tions apply to this section: a designated representative may, at his Designated representative means any or her discretion, waive any of the re- Coast Guard commissioned, warrant, or quirements of this section, upon find- petty officer designated by the Captain ing that circumstances are such that of the Port Sault Sainte Marie to mon- application of this section is unneces- itor these safety zones, permit entry sary or impractical for the purposes of into these safety zones, give legally en- safety or environmental safety. forceable orders to persons or vessels [USCG–2011–0188, 76 FR 31841, June 2, 2011] within these safety zones, or take EFFECTIVE DATE NOTE: By USCG–2011–0188, other actions authorized by the Cap- 76 FR 31841, June 2, 2011 § 165.918 was added, tain of the Port Sault Sainte Marie. effective July 5, 2011. Public vessel means a vessel owned, chartered, or operated by the United § 165.920 Regulated Navigation Area: States or by a State or political sub- USCG Station Port Huron, Port division thereof. Huron, MI, Lake Huron. (c) Regulations. (1) In accordance with (a) Location. All waters of Lake the general regulations in § 165.23 of Huron encompassed by the following: this part, entry into, transiting, or an- starting at the northwest corner at choring within any of the safety zones 43°00.4′ N, 082°25.327′ W; then east to listed in this section is prohibited un- 43°00.4′ N, 082°25.23.8′ W; then south to

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43°00.3′ N, 082°25.238′ W; then west to quantity in excess of 1 metric ton per 43°00.3′ N, 082°25.327′ W; then following barge. the shoreline north back to the point (4) Division 5.1 oxidizing materials of origin (NAD 83). for which a permit is required under 49 (b) Special regulations. No vessel may CFR 176.415 or, for which a permit is re- fish, anchor, or moor within the RNA quired as a condition of a Research and without obtaining the approval of the Special Programs Administration ex- Captain of the Port (COTP) Detroit. emption. Vessels need not request permission (5) A liquid material that has a pri- from COTP Detroit if only transiting mary or subsidiary classification of Di- through the RNA. COTP Detroit can be vision 6.1 ‘‘poisonous material’’ as list- reached by telephone at (313) 568–9580, ed in 49 CFR 172.101 that is also a ‘‘ma- or by writing to: MSO Detroit, 110 Mt. terial poisonous by inhalation’’, as de- Elliot Ave., Detroit MI 48207–4380. fined in 49 CFR 171.8 and that is in a bulk packaging, or that is in a quan- [CDG09–03–287, 69 FR 23103, Apr. 28, 2004] tity in excess of 20 metric tons per barge when not in a bulk packaging. § 165.921 Regulated Navigation Area; Reporting Requirements for Barges (6) Class 7, ‘‘highway route controlled Loaded with Certain Dangerous quantity’’ radioactive material or Cargoes, Illinois Waterway System ‘‘fissile material, controlled ship- located within the Ninth Coast ment’’, as defined in 49 CFR 173.403. Guard District. (7) Bulk liquefied chlorine gas and (a) Regulated Navigation Area. The fol- bulk liquefied gas cargo that is flam- lowing waters are a regulated naviga- mable and/or toxic and carried under 46 tion area (RNA): the Illinois Waterway CFR 154.7. System above mile 187.2 to the Chicago (8) The following bulk liquids— Lock on the Chicago River at mile 326.7 (i) Acetone cyanohydrin, and to the confluence of the Calumet (ii) Allyl alcohol, River and Lake Michigan at mile 333.5 (iii) Chlorosulfonic acid, of the Calumet River. (iv) Crotonaldehyde, (b) Applicability. This section applies (v) Ethylene chlorohydrin, to towing vessel operators and fleeting (vi) Ethylene dibromide, area managers responsible for CDC (vii) Methacrylonitrile, barges in the RNA. This section does (viii) Oleum (fuming sulfuric acid), not apply to towing vessel operators and responsible for barges not carrying (ix) Propylene Oxide. CDC barges, or fleet tow boats moving CDC barge means a barge containing one or more CDC barges within a fleet- CDCs or CDC residue. ing area. Downbound means the tow is trav- (c) Definitions. As used in this sec- eling with the current. tion— Fleet tow boat means any size vessel Barge means a non-self propelled ves- that is used to move, transport, or de- sel engaged in commerce, as set out in liver a CDC barge within a fleeting 33 CFR 160.204. area. Certain Dangerous Cargo or (CDC) in- Fleeting area means any fleet, includ- cludes any of the following: ing any facility, located within the (1) Division 1.1 or 1.2 explosives as de- area covered by one single port. fined in 49 CFR 173.50. Inland River Vessel Movement Center (2) Division 1.5D blasting agents for or (IRVMC) means the Coast Guard of- which a permit is required under 49 fice that is responsible for collecting CFR 176.415 or, for which a permit is re- the information required by this sec- quired as a condition of a Research and tion. Special Programs Administration ex- Ninth Coast Guard District means the emption. Coast Guard District as set out in 33 (3) Division 2.3 ‘‘poisonous gas’’, as CFR 3.45–1. listed in 49 CFR 172.101 that is also a Towing vessel means any size vessel ‘‘material poisonous by inhalation’’ as that is used to move, transport, or de- defined in 49 CFR 171.8, and that is in a liver a CDC barge to a fleet or facility

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that is located in a different port than (ii) Upon moving one or more CDC where the voyage originated. barges within a fleeting area by a fleet Towing vessel operator means the Cap- tow boat; tain or pilot who is on watch on board (iii) Any significant deviation from a towing vessel. previously reported information; and Upbound means the tow is traveling (iv) When directed by the IRVMC. against the current. (3) Reports required by this section (d) Regulations. The following must may be made by a company representa- report to the Inland River Vessel Move- tive or dispatcher on behalf of the ment Center (IRVMC): fleeting area manager. (1) The towing vessel operator re- (4) Reports required by this section sponsible for one or more CDC barges must be made to the IRVMC either by in the RNA must report all the infor- telephone to (866) 442–6089, by fax to mation items specified in table (866) 442–6107, or by e-mail to 165.921(f), in paragraph (f) of this sec- [email protected]. A reporting form tion, to the IRVMC: and e-mail link are available at http:// (i) Upon point of entry into the RNA www.uscg.mil/d8/Divs/M/IRVMC.htm. with one or more CDC barges; (5) The general regulations contained (ii) Four hours before originating a in 33 CFR 165.13 apply to this section. voyage within the RNA with one or (e) Ninth Coast Guard District Illinois more CDC barges, except if the evo- Waterway System RNA Reporting points. lution of making up a tow with a CDC Towing vessel operators responsible for barge will take less than 4 hours before one or more CDC barges in the RNA originating a voyage, and the towing must make reports to the Inland River vessel operator did not receive the Vessel Movement Center at each point order to make up a tow with a CDC listed in this paragraph (e). barge in advance of 4 hours before orig- (1) Illinois River (ILR) Upbound, at inating the voyage with one or more Mile Markers (M) and when Departing CDC barges, in which case the towing Lock & Dam (L&D)— vessel operator shall submit the re- (i) M 187.2 (Southern Boundary MSU quired report to the IRVMC as soon as Chicago AOR), possible after receiving orders to make (ii) M 303.5 Junction of Chicago Sani- up a tow with one or more CDC barges; tary Ship Canal and Calumet-Sag Channel, (iii) Upon dropping off one or more (iii) M 326.4 Thomas S. O’Brien L&D, CDC barges at a fleeting area or facil- Calumet River, ity; (iv) M 333.5 Confluence of Calumet (iv) Upon picking up one or more ad- River and Lake Michigan, and ditional CDC barges from a fleeting (v) M 326.7 Chicago L&D, Chicago area or facility; River. (v) At designated reporting points, (2) Illinois River (ILR) Downbound set forth in paragraph of this section; Reporting Points, at Mile Markers (M) (vi) When the estimated time of ar- and when Departing Lock & Dam rival (ETA) to a reporting point varies (L&D)— by 6 hours from the previously reported (i) M 326.7 Chicago L&D, Chicago ETA; River, (vii) Any significant deviation from (ii) M 333.5 Confluence of Calumet previously reported information; River and Lake Michigan, (viii) Upon departing the RNA with (iii) M 326.4 Thomas S. O’Brien L&D, one or more CDC barges; and Calumet River, (ix) When directed by the IRVMC. (iv) M 303.5 Junction of Chicago Sani- (2) The fleeting area manager respon- tary Ship Canal and Calumet-Sag sible for one or more CDC barges in the Channel, and RNA must report all the information (v) M 187.2 (Southern Boundary MSU items specified in table 165.921(g), in Chicago AOR). paragraph (g) of this section, to the (f) Information to be reported to the IRVMC: IRVMC by towing vessel operators. With (i) Once daily, report all CDC barges the exception noted in paragraph within the fleeting area; (d)(1)(ii) of this section, towing vessel

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operators responsible for one or more the information required by this sec- CDC barges in the RNA must report all tion as set out in table 165.921(f) of this paragraph.

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of arrival (ETA) to next (If applicable) reporting point Estimated time point Reporting

) X X 1 arrival PERATORS tination of CDC barge cluding esti- (fleeting area or facility), in- Name and location of des- mated time of O ESSEL V from facility time of area or fleeting ...... X departure Estimated OWING T ) ...... X ) ...... ( 1 1 BY of CDC onboard Type, name and amount ) ( IRVMC 1 X official number Barge(s) name and vessel moving barge(s) Name of EPORTED TO THE R E contact number 24-hour B O T NFORMATION 165.921(f)—I ABLE T If changed. CDC barges; but see exception in paragraph (d)(1)(ii) of this section...... X area or facility...... ported ETA X ...... X ...... X X apply) ...... X X X X X ( X X X ...... X 1 (1) Upon point of entry into the RNA with a CDC barge ...... (2) 4 hours before originating a voyage within the RNA with one or more X (3) Upon dropping off one or more CDC barges at a fleeting area facility ...... (4) Upon picking up one or more additional CDC barges from a fleeting (5) At designated reporting points in 165.921(e) X ...... X (6) When ETA to a reporting point varies by 6 hours from previously re- ...... (7) Any significant deviation from previously reported information (all that X X X (8) Upon departing the RNA with a CDC barge (s) ...... (9) When directed by the IRVMC ...... X X X X ...... ( X X X ...... X X X X X X X X

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(g) Information to be reported to the report the information required by this IRVMC by fleeting area managers. Fleet- section as set out in table 165.921(g) to ing area managers responsible for one this paragraph. or more CDC barges in the RNA must

TABLE 165.921(g)—INFORMATION TO BE REPORTED TO THE IRVMC BY FLEETING AREA MANAGERS

Location of 24-hour con- Barge(s) name Type, name CDC barge tact number and official and amount of (fleeting area number CDC onboard or facility)

(1) Once daily, all CDC barges in a fleeting area ...... X X X X (2) Upon moving one or more CDC barges within a fleeting area by a fleet tow boat ...... X X X (3) Any significant deviation from previously reported information (all that apply) ...... X X X X (4) When directed by the IRVMC ...... X X X X

(h) Alternative reporting. The Ninth (2) All vessels are prohibited from Coast Guard District Commander may loitering in the regulated navigation consider and approve alternative meth- area. ods to be used by a reporting party to (3) Vessels may enter the regulated meet any reporting requirements if— navigation area for the sole purpose of (1) The request is submitted in writ- transiting to the other side, and must ing to Commander, Ninth Coast Guard maintain headway throughout the District (m), 1240 E. Ninth Street, transit. (4) All personnel on open decks must Cleveland, Ohio, 44199–2060; and wear a Coast Guard approved Type I (2) The alternative provides an equiv- personal flotation device while in the alent level of the reporting that which regulated navigation area. would be achieved by the Coast Guard (5) Vessels may not moor or lay up on with the required check-in points. the right or left descending banks of (i) Deviation from this section is pro- the regulated navigation area. hibited unless specifically authorized (6) Towboats may not make or break by the Commander, Ninth Coast Guard tows in the regulated navigation area. District or the IRVMC. (7) Vessels may not pass (meet or overtake) in the regulated navigation (Approved by the Office of Management and area and must make a SECURITE call Budget under OMB control number 1625–1505) when approaching the barrier to an- [CDG09–03–241, 68 FR 57622, Oct. 6, 2003] nounce intentions and work out pass- EFFECTIVE DATE NOTE: By USCG–2011–0003, ing arrangements on either side. 76 FR 2829, Jan. 18, 2011, in § 165.921, para- (8) Commercial tows transiting the graphs (d) through (h) are stayed from mid- regulated navigation area must be night Jan. 15, 2011 to midnight Jan. 15, 2013. made up with wire rope to ensure electrical connectivity between all seg- § 165.923 Regulated Navigation Area ments of the tow. between mile markers 296.1 and (c) Compliance. All persons and ves- 296.7 of the Chicago Sanitary and sels shall comply with this rule and Ship Canal located near any additional instructions of the Romeoville, IL. Ninth Coast Guard District Com- (a) Location. The following is a Regu- mander, or his designated representa- lated Navigation Area: All waters of tive. The Captain of the Port, Lake the Chicago Sanitary and Ship Canal, Michigan is a designated representa- Romeoville, IL between the north side tive of the District Commander for the of Romeo Road Bridge Mile Marker purposes of this rule. 296.1, and the south side of the Aerial [CGD09–05–131, 70 FR 76694, Dec. 28, 2005] Pipeline Mile Marker 296.7. EFFECTIVE DATE NOTE: By USCG–2010–1054, (b) Regulations. (1) The general regu- 75 FR 75150, Dec. 2, 2010, § 165.923 was sus- lations contained in 33 CFR 165.13 pended from 5 p.m. on Dec. 1, 2010 until 5 apply. p.m. on Dec. 1, 2011

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§ 165.927 Safety Zone; St. Louis River, zones, give legally enforceable orders Duluth/Interlake Tar Remediation to persons or vessels within these zones Site, Duluth, MN. and take other actions authorized by (a) Location: The following area is a the Captain of the Port. Persons au- safety zone: All waters of Stryker Bay thorized in paragraph (e) to enforce and Hallett Slips 6 & 7 which are lo- this section and Vessel Traffic Service cated north of a boundary line delin- St. Marys River (VTS) are Designated eated by the following points: From Representatives. the shoreline at 46°43′10.00″ N, (2) Federal Law Enforcement Officer 092°10′31.66″ W, then south to 46°43′06.24″ means any employee or agent of the N, 092°10′31.66″ W, then east to United States government who has the 46°43′06.24″ N, 092°09′41.76″ W, then north authority to carry firearms and make to the shoreline at 46°43′10.04″ N, warrantless arrests and whose duties 092°09′41.76″ W. [Datum NAD 83]. involve the enforcement of criminal (b) Regulations. (1) In accordance with laws of the United States. the general regulations in § 165.23 of (3) Navigable waters of the United this part, entry into, transiting, or an- States means those waters defined as choring within this safety zone is pro- such in 33 CFR part 2. hibited unless authorized by the Cap- (4) Public vessel means vessels owned, tain of the Port Duluth, or his des- chartered, or operated by the United ignated on-scene representative. States, or by a State or political sub- (2) This safety zone is closed to all division thereof. vessel traffic, except as may be per- (5) Michigan Law Enforcement Officer mitted by the Captain of the Port Du- means any regularly employed member luth or his designated on-scene rep- of a Michigan police force responsible resentative. for the prevention and detection of (3) The ‘‘designated on-scene rep- crime and the enforcement of the gen- resentative’’ of the Captain of the Port eral criminal laws of Michigan as de- is any Coast Guard commissioned, war- fined in Michigan Compiled Laws sec- rant or petty officer who has been des- tion 28.602(l)(i). ignated by the Captain of the Port to (b) Security zone. The following area act on his behalf. The on-scene rep- is a security zone: All waters enclosed resentative of the Captain of the Port by a line connecting the following will be aboard either a Coast Guard or points: 45°50.763 N: 084°43.731 W, which Coast Guard Auxiliary vessel. The Cap- is the northwest corner; thence east to tain of the Port or his designated on- 45°50.705 N: 084°43.04 W, which is the scene representative may be contacted northeast corner; thence south to by calling Coast Guard Marine Safety 45°47.242 N: 084°43.634 W, which is the Unit Duluth at (218) 720–5286. southeast corner; thence west to (4) Vessel operators desiring to enter 45°47.30 N: 084°44.320 W, which is the or operate within the safety zone shall southwest corner; then north to the contact the Captain of the Port Duluth point of origin. The zone described to obtain permission to do so. Vessel above includes all waters on either side operators given permission to enter or of the Mackinac Bridge within one- operate in the safety zone shall comply quarter mile of the bridge. [Datum: with all directions given to them by NAD 1983]. the Captain of the Port Duluth or his (c) Obtaining permission to enter or on-scene representative. move within, the security zone: All ves- [CGD09–06–122, 71 FR 66112, Nov. 13, 2006] sels must obtain permission from the COTP or a Designated Representative § 165.928 Security Zone; Mackinac to enter or move within, the security Bridge, Straits of Mackinac, Michi- zone established in this section. Ves- gan. sels with an operable Automatic Iden- (a) Definitions. The following defini- tification System (AIS) unit should tions apply to this section: seek permission from the COTP or a (1) Designated Representative means Designated Representative at least 1 those persons designated by the Cap- hour in advance. Vessels with an oper- tain of the Port to monitor these secu- able AIS unit may contact VTS St. rity zones, permit entry into these Marys River (Soo Traffic) on VHF

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channel 12. Vessels without an operable a.m. (local) to 11:59 p.m. (midnight) AIS unit should seek permission at (local). least 30 minutes in advance. Vessels [CGD09–06–019, 71 FR 45389, Aug. 9, 2006] without an operable AIS unit may contact Coast Guard Station St. Ignace on § 165.929 Safety Zones; Annual events VHF channel 16. requiring safety zones in the Cap- (d) Regulations. The general regula- tain of the Port Lake Michigan tions in 33 CFR part 165 subpart D, zone. apply to any vessel or person in the (a) Safety Zones. The following areas navigable waters of the United States are designated safety zones: to which this section applies. No per- (1) St. Patrick’s Day Fireworks; son or vessel may enter the security Manitowoc, WI—(i) Location. All waters zone established in this section unless of the Manitowoc River and Manitowoc authorized by the Captain of the Port Harbor, near the mouth of the or his designated representatives. Ves- Manitowoc River on the south shore, sels and persons granted permission to within the arc of a circle with a 100- foot radius from the fireworks launch enter the security zone shall obey all site located in position 44°05′30″ N, lawful orders or directions of the Cap- 087°39′12″ W (NAD 83). tain of the Port or his designated rep- (ii) Enforcement date and time. The resentatives. All vessels entering or third Saturday of March; 5:30 p.m. to 7 moving within the security zone must p.m. operate at speeds which are necessary (2) Michigan Aerospace Challenge Sport to maintain a safe course and which Rocket Launch; Muskegon, MI—(i) Loca- will not exceed 12 knots. tion. All waters of Muskegon Lake, (e) Enforcement. Any Coast Guard near the West Michigan Dock and Mar- commissioned, warrant or petty officer ket Corp facility, within the arc of a may enforce the rules in this section. circle with a 1500-yard radius from the In the navigable waters of the United rocket launch site located in position States to which this section applies, 43°14′21″ N, 086°15′35″ W (NAD 83). when immediate action is required and (ii) Enforcement date and time. The representatives of the Coast Guard are last Saturday of April; 8 a.m. to 4 p.m. not present or not present in sufficient (3) Tulip Time Festival Fireworks; Hol- force to provide effective enforcement land, MI—(i) Location. All waters of of this section, any Federal Law En- Lake Macatawa, near Kollen Park, forcement Officer or Michigan Law En- within the arc of a circle with a 1000- forcement Officer may enforce the foot radius from the fireworks launch rules contained in this section pursu- site in position 42°47′23″ N, 086°07′22″ W ant to 33 CFR 6.04–11. In addition, the (NAD 83). Captain of the Port may be assisted by (ii) Enforcement date and time. The other Federal, state or local agencies first Friday of May; 7 p.m. to 11 p.m. If in enforcing this section pursuant to 33 the Friday fireworks are cancelled due CFR 6.04–11. to inclement weather, then this section will be enforced on the first Saturday (f) Exemption. Public vessels as de- of May; 7 p.m. to 11 p.m. fined in paragraph (a) of this section (4) Rockets for Schools Rocket Launch; are exempt from the requirements in Sheboygan, WI—(i) Location. All waters this section. of Lake Michigan and Sheboygan Har- (g) Waiver. For any vessel, the Cap- bor, near the Sheboygan South Pier, tain of the Port Sault Ste. Marie may within the arc of a circle with a 1500- waive any of the requirements of this yard radius from the rocket launch site section, upon finding that operational located with its center in position conditions or other circumstances are 43°44′55″ N, 087°41′52″ W (NAD 83). such that application of this section is (ii) Enforcement date and time. The unnecessary or impractical for the pur- first Saturday of May; 8 a.m. to 5 p.m. pose of port security, safety or environ- (5) Celebrate De Pere; De Pere, WI—(i) mental safety. Location. All waters of the Fox River, (h) Enforcement period. This rule will near Voyageur Park, within the arc of be enforced Labor Day of each year; 6 a circle with a 500-foot radius from the

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fireworks launch site located in posi- (12) Elberta Solstice Festival Fireworks; tion 44°27′10″ N, 088°03′50″ W (NAD 83). Elberta, MI—(i) Location. All waters of (ii) Enforcement date and time. The Betsie Bay, near Waterfront Park, Sunday before Memorial Day; 8:30 p.m. within the arc of a circle with a 500- to 10 p.m. foot radius from the fireworks launch (6) [Reserved] site located in position 44°37′43″ N, (7) River Splash; Milwaukee, WI—(i) 086°14′27″ W (NAD 83). Location. All waters of the Milwaukee (ii) Enforcement date and time. The River, near Pere Marquette Park, with- last Saturday of June; 9 p.m. to 11 p.m. in the arc of a circle with a 300-foot ra- (13) [Reserved] dius from the fireworks launch site lo- (14) Pentwater July Third Fireworks; cated on a barge in position 43°02′32″ N, Pentwater, MI—(i) Location. All waters 087°54′45″ W (NAD 83). of Lake Michigan and the Pentwater (ii) Enforcement date and time. The Channel within the arc of a circle with first Friday and Saturday of June; 9 a 1000-foot radius from the fireworks p.m. to 11 p.m. each day. launch site located in position 43°46′57″ (8) International Bayfest; Green Bay, N, 086°26′38″ W (NAD 83). WI—(i) Location. All waters of the Fox (ii) Enforcement date and time. July 3; River, near the Western Lime Company 9 p.m. to 11 p.m. If the July 3 fireworks 1.13 miles above the head of the Fox are cancelled due to inclement weath- River, within the arc of a circle with a er, then this section will be enforced 1000-foot radius from the fireworks July 4; 9 p.m. to 11 p.m. launch site located in position 44°31′24″ (15) Taste of Chicago Fireworks; Chi- N, 088°00′42″ W (NAD 83). cago IL—(i) Location. All waters of (ii) Enforcement date and time. The Monroe Harbor and all waters of Lake second Friday of June; 9 p.m. to 11 p.m. Michigan bounded by a line drawn from (9) Harborfest Music and Family Fes- 41°53′24″ N, 087°35′59″ W; then east to tival; Racine, WI—(i) Location. All 41°53′15″ N, 087°35′26″ W; then south to waters of Lake Michigan and Racine 41°52′49″ N, 087°35′26″ W; then southwest Harbor, near the Racine Launch Basin to 41°52′27″ N, 087°36′37″ W; then north Entrance Light, within the arc of a cir- to 41°53′15″ N, 087°36′33″ W; then east re- cle with a 200-foot radius from the fire- turning to the point of origin. (NAD 83) works launch site located in position (ii) Enforcement date and time. July 3; 42°43′43″ N, 087°46′40″ W (NAD 83). 9 p.m. to 11 p.m. If the July 3 fireworks (ii) Enforcement date and time. Friday are cancelled due to inclement weath- and Saturday of the third complete er, then this section will be enforced weekend of June; 9 p.m. to 11 p.m. each July 4; 9 p.m. to 11 p.m. day. (16) U.S. Bank Fireworks; Milwaukee, (10) Jordan Valley Freedom Festival WI—(i) Location. All waters of Mil- Fireworks; East Jordan, MI—(i) Location. waukee Harbor, in the vicinity of Vet- All waters of Lake Charlevoix, near the erans Park, within the arc of a circle City of East Jordan, within the arc of with a 1000-foot radius from the fire- a circle with a 1000-foot radius from the works launch site located on a barge in fireworks launch site in position position 43°02′27″ N, 087°53′45″ W (NAD 45°09′18″ N, 085°07′48″ W (NAD 83). 83). (ii) Enforcement date and time. Satur- (ii) Enforcement date and time. July 3; day of the third weekend of June; 9 9 p.m. to 11 p.m. If the July 3 fireworks p.m. to 11 p.m. are cancelled due to inclement weath- (11) Spring Lake Heritage Festival Fire- er, then this section will be enforced works; Spring Lake, MI—(i) Location. All July 4; 9 p.m. to 11 p.m. waters of the Grand River, near buoy (17) National Cherry Festival Fourth of 14A, within the arc of a circle with a July Celebration Fireworks; Traverse City, 500-foot radius from the fireworks MI—(i) Location. All waters of the West launch site located on a barge in posi- Arm of Grand Traverse Bay within the tion 43°04′24″ N, 086°12′42″ W (NAD 83). arc of a circle with a 1000-foot radius (ii) Enforcement date and time. The from the fireworks launch site located third Saturday of June; 9 p.m. to 11 on a barge in position 44°46′12″ N, p.m. 085°37′06″ W (NAD 83).

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(ii) Enforcement date and time. July 4; Lake Michigan, in the vicinity of the 9 p.m. to 11 p.m. If the July 4 fireworks First Street Beach, within the arc of a are cancelled due to inclement weath- circle with a 1000-foot radius from the er, then this section will be enforced fireworks launch site located in posi- July 5; 9 p.m. to 11 p.m. tion 44°14′51″ N, 086°20′46″ W (NAD 83) (18) Harbor Springs Fourth of July Cele- (ii) Enforcement date and time. July 3; bration Fireworks; Harbor Springs, MI— 9 p.m. to 11 p.m. If the July 3 fireworks (i) Location. All waters of Lake Michi- are cancelled due to inclement weath- gan and Harbor Springs Harbor within er, then this section will be enforced the arc of a circle with a 1000-foot ra- July 4; 9 p.m. to 11 p.m. dius from the fireworks launch site lo- (23) Frankfort Independence Day Fire- cated on a barge in position 45°25′30″ N, works; Frankfort, MI—(i) Location. All 084°59′06″ W (NAD 83). waters of Lake Michigan and Frankfort (ii) Enforcement date and time. July 4; Harbor, in the vicinity of the north 9 p.m. to 11 p.m. If the July 4 fireworks breakwater, within the arc of a circle are cancelled due to inclement weath- with a 1000-foot radius from the fire- er, then this section will be enforced works launch site located in position July 5; 9 p.m. to 11 p.m. 44°38′00″ N, 086°14′50″ W (NAD 83). (19) Bay Harbor Yacht Club Fourth of (ii) Enforcement date and time. July 4; July Celebration Fireworks; Petoskey, 9 p.m. to 11 p.m. If the July 4 fireworks MI—(i) Location. All waters of Lake are cancelled due to inclement weath- Michigan and Bay Harbor Lake within er, then this section will be enforced the arc of a circle with a 500-foot radius July 5; 9 p.m. to 11 p.m. from the fireworks launch site located (24) Freedom Festival Fireworks; on a barge in position 45°21′50″ N, Ludington, MI—(i) Location. All waters 085°01′37″ W (NAD 83). of Lake Michigan and Ludington Har- (ii) Enforcement date and time. July 3; bor, in the vicinity of the Loomis 9 p.m. to 11 p.m. If the July 3 fireworks Street Boat Ramp, within the arc of a are cancelled due to inclement weath- circle with a 1000-foot radius from the er, then this section will be enforced fireworks launch site located in posi- July 4; 9 p.m. to 11 p.m. tion 43°57′16″ N, 086°27′42″ W (NAD 83). (20) Petoskey Fourth of July Celebration (ii) Enforcement date and time. July 4; Fireworks; Petoskey, MI—(i) Location. 9 p.m. to 11 p.m. If the July 4 fireworks All waters of Lake Michigan and are cancelled due to inclement weath- Petoskey Harbor, in the vicinity of Bay er, then this section will be enforced Front Park, within the arc of a circle July 5; 9 p.m. to 11 p.m. with a 1000-foot radius from the fire- (25) White Lake Independence Day works launch site located in position Fireworks; Montague, MI—(i) Location. 45°22′40″ N, 084°57′30″ W (NAD 83). All waters of White Lake, in the vicin- (ii) Enforcement date and time. July 4; ity of the Montague boat launch, with- 9 p.m. to 11 p.m. If the July 4 fire works in the arc of a circle with a 1000-foot are cancelled due to inclement weath- radius from the fireworks launch site er, then this section will be enforced located in position 43°24′33″ N, 086°21′28″ July 5; 9 p.m. to 11 p.m. W (NAD 83). (21) Boyne City Fourth of July Celebra- (ii) Enforcement date and time. July 4; tion Fireworks; Boyne City, MI—(i) Loca- 9 p.m. to 11 p.m. If the July 4 fireworks tion. All waters of Lake Charlevoix, in are cancelled due to inclement weath- the vicinity of Veterans Park, within er, then this section will be enforced the arc of a circle with a 1400-foot ra- July 5; 9 p.m. to 11 p.m. dius from the fireworks launch site lo- (26) Muskegon Summer Celebration July cated in position 45°13′30″ N, 085°01′40″ W Fourth Fireworks; Muskegon, MI—(i) Lo- (NAD 83). cation. All waters of Muskegon Lake, in (ii) Enforcement date and time. July 4; the vicinity of Heritage Landing, with- 9 p.m. to 11 p.m. If the July 4 fireworks in the arc of a circle with a 1000-foot are cancelled due to inclement weath- radius from a fireworks launch site lo- er, then this section will be enforced cated on a barge in position 43°14′00″ N, July 5; 9 p.m. to 11 p.m. 086°15′50″ W (NAD 83). (22) Independence Day Fireworks; (ii) Enforcement date and time. July 4; Manistee, MI—(i) Location. All waters of 9 p.m. to 11 p.m. If the July 4 fireworks

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are cancelled due to inclement weath- (ii) Enforcement date and time. July 4; er, then this section will be enforced 9 p.m. to 11 p.m. If the July 4 fireworks July 5; 9 p.m. to 11 p.m. are cancelled due to inclement weath- (iii) Impact on Special Anchorage Area er, then this section will be enforced regulations: Regulations for that por- July 5; 9 p.m. to 11 p.m. tion of the Muskegon Lake East Spe- (31) South Haven Fourth of July Fire- cial Anchorage Area, as described in 33 works; South Haven, MI. (i) Location. All CFR 110.81(b), which are overlapped by waters of Lake Michigan and the Black this regulation, are suspended during River within the arc of a circle with a this event. The remaining area of the 1000-foot radius from the fireworks Muskegon Lake East Special Anchor- launch site located in position 42°24′08″ age Area not impacted by this regula- N, 086°17′03″ W (NAD 83). tion remains available for anchoring (ii) Enforcement date and time. July 4; during this event. 9 p.m. to 11 p.m. If the July 4 fireworks (27) Grand Haven Jaycees Annual are cancelled due to inclement weath- Fourth of July Fireworks; Grand Haven, er, then this section will be enforced MI. (i) Location. All waters of The July 5; 9 p.m. to 11 p.m. Grand River between longitude (32) St. Joseph Fourth of July Fire- 087°14′00″ W, near The Sag, then west to works; St. Joseph, MI. (i) Location. All longitude 087°15′00″ W, near the west waters of Lake Michigan and the St. end of the south pier (NAD 83). Joseph River within the arc of a circle (ii) Enforcement date and time. July 4; with a 1000-foot radius from the fire- 9 p.m. to 11 p.m. If the July 4 fireworks works launch site located in position are cancelled due to inclement weath- 42°06′48″ N, 086°29′5″ W (NAD 83). er, then this section will be enforced (ii) Enforcement date and time. July 4; July 5; 9 p.m. to 11 p.m. 9 p.m. to 11 p.m. If the July 4 fireworks (28) Celebration Freedom Fireworks; are cancelled due to inclement weath- Holland, MI. (i) Location. All waters of er, then this section will be enforced Lake Macatawa, in the vicinity of July 5; 9 p.m. to 11 p.m. Kollen Park, within the arc of a circle (33) Town of Dune Acres Independence with a 1000-foot radius from the fire- Day Fireworks; Dune Acres, IN. (i) Loca- works launch site located in position tion. All waters of Lake Michigan with- 42°47′23″ N, 086°07′22″ W (NAD 83). in the arc of a circle with a 1000-foot (ii) Enforcement date and time. July 4, radius from the fireworks launch site 2007; 9 p.m. to 11 p.m. Thereafter this located in position 41°39′23″ N, 087°04′59″ section will be enforced the Saturday W (NAD 83). prior to July 4; 9 p.m. to 11 p.m. If the (ii) Enforcement date and time. July 4; fireworks are cancelled due to inclem- 9 p.m. to 11 p.m. If the July 4 fireworks ent weather, then this section will be are cancelled due to inclement weath- enforced the Sunday prior to July 4; 9 er, then this section will be enforced p.m. to 11 p.m. July 5; 9 p.m. to 11 p.m. (29) Van Andel Fireworks Show, Hol- (34) Gary Fourth of July Fireworks; land, MI. (i) Location. All waters of Gary, IN. (i) Location. All waters of Lake Michigan and the Holland Chan- Lake Michigan, approximately 2.5 nel within the arc of a circle with a miles east of Gary Harbor, within the 1000-foot radius from the fireworks arc of a circle with a 500-foot radius launch site located in position 42°46′21″ from the fireworks launch site located N, 086°12′48″ W (NAD 83). in position 41°37′19″ N, 087°14′31″ W (ii) Enforcement date and time. July 3; (NAD 83). 9 p.m. to 11 p.m. If the July 3 fireworks (ii) Enforcement date and time. July 4; are cancelled due to inclement weath- 9 p.m. to 11 p.m. If the July 4 fireworks er, then this section will be enforced are cancelled due to inclement weath- July 4; 9 p.m. to 11 p.m. er, then this section will be enforced (30) Independence Day Fireworks; July 5; 9 p.m. to 11 p.m. Saugatuck, MI. (i) Location. All waters (35) Joliet Independence Day Celebra- of Kalamazoo Lake within the arc of a tion Fireworks; Joliet, IL. (i) Location. circle with a 1000-foot radius from the All waters of the Des Plains River, at fireworks launch site in position mile 288, within the arc of a circle with 42°38′52″ N, 086°12′18″ W (NAD 83). a 500-foot radius from the fireworks

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launch site located in position 41°31′31″ Harbor, in the vicinity of North Beach, N, 088°05′15″ W (NAD 83). within the arc of a circle with a 1000- (ii) Enforcement date and time. July 3; foot radius from the fireworks launch 9 p.m. to 11 p.m. If the July 3 fireworks site located in position 42°44′17″ N, are cancelled due to inclement weath- 087°46′42″ W (NAD 83). er, then this section will be enforced (ii) Enforcement date and time. July 4; July 4; 9 p.m. to 11 p.m. 9 p.m. to 11 p.m. If the July 4 fireworks (36) Glencoe Fourth of July Celebration are cancelled due to inclement weath- Fireworks; Glencoe, IL. (i) Location. All er, then this section will be enforced waters of Lake Michigan, in the vicin- July 5; 9 p.m. to 11 p.m. ity of Lake Front Park, within the arc (41) Sheboygan Fourth of July Celebra- of a circle with a 500-foot radius from tion Fireworks; Sheboygan, WI. (i) Loca- the fireworks launch site located in po- tion. All waters of Lake Michigan and sition 42°08′17″ N, 087°44′55″ W (NAD 83). Sheboygan Harbor, in the vicinity of (ii) Enforcement date and time. July 4; 9 p.m. to 11 p.m. If the July 4 fireworks the south pier, within the arc of a cir- are cancelled due to inclement weath- cle with a 1000-foot radius from the er, then this section will be enforced fireworks launch site located in posi- ° ′ ″ ° ′ ″ July 5; 9 p.m. to 11 p.m. tion 43 44 55 N, 087 41 51 W (NAD 83). (37) Lakeshore Country Club Independ- (ii) Enforcement date and time. July 4; ence Day Fireworks; Glencoe, IL. (i) Lo- 9 p.m. to 11 p.m. If the July 4 fireworks cation. All waters of Lake Michigan are cancelled due to inclement weath- within the arc of a circle with a 1000- er, then this section will be enforced foot radius from the fireworks launch July 5; 9 p.m. to 11 p.m. site located in position 42°08′27″ N, (42) Manitowoc Independence Day Fire- 087°44′57″ W (NAD 83). works; Manitowoc, WI. (i) Location. All (ii) Enforcement date and time. July 4; waters of Lake Michigan and 9 p.m. to 11 p.m. If the July 4 fireworks Manitowoc Harbor, in the vicinity of are cancelled due to inclement weath- south breakwater, within the arc of a er, then this section will be enforced circle with a 1000-foot radius from the July 5; 9 p.m. to 11 p.m. fireworks launch site located in posi- (38) Shore Acres Country Club Inde- tion 44°05′24″ N, 087°38′45″ W (NAD 83). pendence Day Fireworks; Lake Bluff, IL. (ii) Enforcement date and time. July 4; (i) Location. All waters of Lake Michi- 9 p.m. to 11 p.m. If the July 4 fireworks gan, approximately one mile north of are cancelled due to inclement weath- Lake Bluff, IL, within the arc of a cir- er, then this section will be enforced cle with a 1000-foot radius from the July 5; 9 p.m. to 11 p.m. fireworks launch site located in posi- (43) Sturgeon Bay Independence Day tion 42°17′59″ N, 087°50′03″ W (NAD 83). Fireworks; Sturgeon Bay, WI. (i) Loca- (ii) Enforcement date and time. July 4; tion. All waters of Sturgeon Bay, in the 9 p.m. to 11 p.m. If the July 4 fireworks vicinity of Sunset Park, within the arc are cancelled due to inclement weath- of a circle with a 1000-foot radius from er, then this section will be enforced the fireworks launch site located on a July 5; 9 p.m. to 11 p.m. barge in position 44°50′37″ N, 087°23′18″ (39) Kenosha Independence Day Fire- works; Kenosha, WI. (i) Location. All W (NAD 83). waters of Lake Michigan and Kenosha (ii) Enforcement date and time. July 4; Harbor within the arc of a circle with 9 p.m. to 11 p.m. If the July 4 fireworks a 1000-foot radius from the fireworks are cancelled due to inclement weath- launch site located in position 42°35′17″ er, then this section will be enforced N, 087°48′27″ W (NAD 83). July 5; 9 p.m. to 11 p.m. (ii) Enforcement date and time. July 4; (44) Fish Creek Independence Day Fire- 9 p.m. to 11 p.m. If the July 4 fireworks works; Fish Creek, WI. (i) Location. All are cancelled due to inclement weath- waters of Green Bay, in the vicinity of er, then this section will be enforced Fish Creek Harbor, within the arc of a July 5; 9 p.m. to 11 p.m. circle with a 1000-foot radius from the (40) Fourthfest of Greater Racine Fire- fireworks launch site located on a works; Racine, WI. (i) Location. All barge in position 45°07′52″ N, 087°14′37″ waters of Lake Michigan and Racine W (NAD 83).

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(ii) Enforcement date and time. The cial Anchorage Area, as described in 33 first Saturday after July 4; 9 p.m. to 11 CFR 110.81(b), which are overlapped by p.m. this regulation, are suspended during (45) Celebrate Americafest Fireworks; this event. The remaining area of the Green Bay, WI. (i) Location. All waters Muskegon Lake East Special Anchor- of the Fox River between the railroad age Area is not impacted by this regu- bridge located 1.03 miles above the lation and remains available for an- mouth of the Fox River and the Main choring during this event. Street Bridge located 1.58 miles above (50) National Cherry Festival Air Show; the mouth of the Fox River, including Traverse City, MI. (i) Location. All all waters of the turning basin east to waters of the West Arm of Grand Tra- the mouth of the East River. verse Bay bounded by a line drawn (ii) Enforcement date and time. July 4; from 44°46′48″ N, 085°38′18″ W, then 9 p.m. to 11 p.m. If the July 4 fireworks southeast to 44°46′30″ N, 085°35′30″ W, are cancelled due to inclement weath- then southwest to 44°46′00″ N, 085°35′48″ er, then this section will be enforced W, then northwest to 44°46′30″ N, July 5; 9 p.m. to 11 p.m. 085°38′30″ W, then back to the point of (46) Marinette Fourth of July Celebra- origin (NAD 83). tion Fireworks; Marinette, WI. (i) Loca- (ii) Enforcement date and time. Friday, tion. All waters of the Menominee Saturday, and Sunday of the first com- River, in the vicinity of Stephenson Is- plete weekend of July; 12 noon to 4 land, within the arc of a circle with a p.m. each day. 1000-foot radius from the fireworks (51) National Cherry Festival Finale launch site located in position 45°06′09″ Fireworks; Traverse City, MI. (i) Loca- N, 087°37′39″ W and all waters located tion. All waters and adjacent shoreline between the Highway U.S. 41 bridge of the West Arm of Grand Traverse Bay and the Hattie Street Dam (NAD 83). within the arc of a circle with a 1000- (ii) Enforcement date and time. July 4; foot radius from the fireworks launch 9 p.m. to 11 p.m. If the July 4 fireworks site located on a barge in position are cancelled due to inclement weath- ° ′ ″ ° ′ ″ er, then this section will be enforced 44 46 12 N, 085 37 06 W (NAD 83). July 5; 9 p.m. to 11 p.m. (ii) Enforcement date and time. The (47) Evanston Fourth of July Fireworks; second Saturday of July; 9 p.m. to 11 Evanston, IL. (i) Location. All waters of p.m. Lake Michigan, in the vicinity of Cen- (52) Gary Air and Water Show; Gary, tennial Park Beach, within the arc of a IN—(i) Location. All waters of Lake circle with a 500-foot radius from the Michigan bounded by a line drawn from fireworks launch site located in posi- 41°37′42″ N, 087°16′38″ W; then east to tion 42°02′56″ N, 087°40′21″ W (NAD 83). 41°37′54″ N, 087°14′00″ W; then south to (ii) Enforcement date and time. July 4; 41°37′30″ N, 087°13′56″ W; then west to 9 p.m. to 11 p.m. If the July 4 fireworks 41°37′17″ N, 087°16′36″ W; then north re- are cancelled due to inclement weath- turning to the point of origin. (NAD 83) er, then this section will be enforced (ii) Enforcement date and time. Friday, July 5; 9 p.m. to 11 p.m. Saturday, and Sunday of the second (48) [Reserved] weekend of July; from 8 a.m. to 6 p.m. (49) Muskegon Summer Celebration each day. Fireworks; Muskegon, MI. (i) Location. (53) Milwaukee Air Expo, Milwaukee, All waters of Muskegon Lake, in the WI. (i) Location. All waters Lake Michi- vicinity of Heritage Landing, within gan and Milwaukee Harbor located the arc of a circle with a 1000-foot ra- within a 4000-yard by 1000-yard rec- dius from a fireworks barge located in tangle with its major axis bearing ap- position 43°14′00″ N, 086°15′50″ W (NAD proximately 030°T located in the north- 83). ern half of Milwaukee Harbor and (ii) Enforcement date and time. The along the north shore of Milwaukee Sunday following July 4; 9 p.m. to 11 bounded by the points beginning at p.m. 43°01′36″ N, 087°53′02″ W; then northeast (iii) Impact on Special Anchorage Area to 43°03′20″ N, 087°51′40″ W; then north- regulations: Regulations for that por- west to 43°03′35″ N, 087°52′16″ W; then tion of the Muskegon Lake East Spe- southwest to 43°01′51″ N, 087°53′38″ W;

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the back to the point of origin (NAD (ii) Enforcement date and time. Satur- 83). day of the third complete weekend of (ii) Enforcement date and time. Friday, July; 9 p.m. to 11 p.m. Saturday, and Sunday of the second (59) Joliet Waterway Daze Fireworks; weekend of July; from 1 p.m. to 5 p.m. Joliet, IL. (i) Location. All waters of the each day. Des Plaines River, at mile 287.5, within (54) Annual Trout Festival Fireworks; the arc of a circle with a 300-foot radius Kewaunee, WI. (i) Location. All waters from the fireworks launch site located of Kewaunee Harbor and Lake Michi- in position 41°31′15″ N, 088°05′17″ W gan within the arc of a circle with a (NAD 83). 1000-foot radius from the fireworks (ii) Enforcement date and time. Friday launch site located in position 44°27′29″ and Saturday of the third complete N, 087°29′45″ W (NAD 83). weekend of July; 9 p.m. to 11 p.m. each (ii) Enforcement date and time. Friday day. of the second complete weekend of (60) Charlevoix Venetian Festival Fri- July; 9 p.m. to 11 p.m. day Night Fireworks; Charlevoix, MI. (i) (55) Michigan City Summerfest Fire- Location. All waters of Lake works; Michigan City, IN. (i) Location. Charlevoix, in the vicinity of Depot All waters of Michigan City Harbor and Beach, within the arc of a circle with a Lake Michigan within the arc of a cir- 1000-foot radius from the fireworks cle with a 1000-foot radius from the launch site located on a barge in posi- fireworks launch site located in position 45°19′08″ N, 085°14′18″ W (NAD 83). tion 41°43′42″ N, 086°54′37″ W (NAD 83). (ii) Enforcement date and time. Friday (ii) Enforcement date and time. July 15, of the fourth weekend of July; 9 p.m. to 2007, and thereafter the Sunday of the 11 p.m. first complete weekend of July; 9 p.m. (61) EAA Airventure; Oshkosh, WI. (i) to 11 p.m. Location. All waters of Lake Winnebago (56) Port Washington Fish Day Fire- bounded by a line drawn from 43°57′30″ works; Port Washington, WI. (i) Location. N, 088°30′00″ W; then south to 43°56′56″ All waters of Port Washington Harbor N, 088°29′53″ W, then east to 43°56′40″ N, and Lake Michigan, in the vicinity of 088°28′40″ W; then north to 43°57′30″ N, the WE Energies coal dock, within the 088°28′40″ W; then west returning to the arc of a circle with a 1000-foot radius point of origin (NAD 83). from the fireworks launch site located (ii) Enforcement date and time. The in position 43°23′07″ N, 087°51′54″ W last complete week of July, beginning (NAD 83). Monday and ending Sunday; from 8 (ii) Enforcement date and time. The a.m. to 8 p.m. each day. third Saturday of July; 9 p.m. to 11 (62) Charlevoix Venetian Festival Satur- p.m. day Night Fireworks; Charlevoix, MI. (i) (57) Bay View Lions Club South Shore Location. All waters of Round Lake Frolics Fireworks; Milwaukee, WI. (i) Lo- within the arc of a circle with a 300- cation. All waters of Milwaukee Harbor foot radius from the fireworks launch and Lake Michigan, in the vicinity of site located on a barge in position South Shore Park, within the arc of a 45°19′03″ N, 085°15′18″ W (NAD 83). circle with a 500-foot radius from the (ii) Enforcement date and time. Satur- fireworks launch site in position day of the fourth weekend of July; 9 42°59′42″ N, 087°52′52″ W (NAD 83). p.m. to 11 p.m. (ii) Enforcement date and time. Friday, (63) Venetian Night Fireworks; Saturday, and Sunday of the second or Saugatuck, MI. (i) Location. All waters third weekend of July; 9 p.m. to 11 p.m. of Kalamazoo Lake within the arc of a each day. circle with a 500-foot radius from the (58) Venetian Festival Fireworks; St. Jo- fireworks launch site located on a seph, MI. (i) Location. All waters of barge in position 42°38′52″ N, 086°12′18″ Lake Michigan and the St. Joseph W (NAD 83) River, near the east end of the south (ii) Enforcement date and time. The pier, within the arc of a circle with a last Saturday of July; 9 p.m. to 11 p.m. 1000-foot radius from the fireworks (64) Roma Lodge Italian Festival Fire- launch site located in position 42°06′48″ works; Racine, WI. (i) Location. All N, 086°29′15″ W (NAD 83). waters of Lake Michigan and Racine

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Harbor within the arc of a circle with foot radius from the fireworks launch a 1000-foot radius from the fireworks site located in position 44°53′58″ N, launch site located in position 42°44′04″ 085°25′04″ W (NAD 83). N, 087°46′20″ W (NAD 83). (ii) Enforcement date and time. The (ii) Enforcement date and time. Friday first Saturday of August; 9 p.m. to 11 and Saturday of the last complete p.m. weekend of July; 9 p.m. to 11 p.m. (71) Hammond Marina Venetian Night (65) Venetian Night Fireworks; Chicago, Fireworks; Hammond, IN. (i) Location. IL—(i) Location. All waters of Monroe All waters of Hammond Marina and Harbor and all waters of Lake Michi- Lake Michigan within the arc of a cir- gan bounded by a line drawn from cle with a 1000-foot radius from the 41°53′03″ N, 087°36′36″ W; then east to fireworks launch site located in posi- 41°53′03″ N, 087°36′21″ W; then south to tion 41°41′53″ N, 087°30′43″ W (NAD 83). 41°52′27″ N, 087°36′21″ W; then west to (ii) Enforcement date and time. The 41°52′27″ N, 087°36′37″ W; then north re- first Saturday of August; 9 p.m. to 11 turning to the point of origin (NAD 83). p.m. (ii) Enforcement date and time. Satur- (72) North Point Marina Venetian Fes- day of the last weekend of July; 9 p.m. tival Fireworks; Winthrop Harbor, IL. (i) to 11 p.m. Location. All waters of Lake Michigan (66) Port Washington Maritime Heritage within the arc of a circle with a 1000- Festival Fireworks; Port Washington, WI. foot radius from the fireworks launch (i) Location. All waters of Port Wash- site located in position 42°28′55″ N, ington Harbor and Lake Michigan, in 087°47′56″ W (NAD 83). the vicinity of the WE Energies coal (ii) Enforcement date and time. The dock, within the arc of a circle with a second Saturday of August; 9 p.m. to 11 1000-foot radius from the fireworks p.m. launch site located in position 43°23′07″ (73) Waterfront Festival Fireworks; Me- N, 087°51′54″ W (NAD 83). nominee MI. (i) Location. All waters of (ii) Enforcement date and time. Satur- Green Bay, in the vicinity of Menom- day of the last complete weekend of inee Marina, within the arc of a circle July or the second weekend of August; with a 1000-foot radius from a fireworks 9 p.m. to 11 p.m. barge in position 45°06′17″ N, 087°35′48″ (67) [Reserved] W (NAD 83). (68) Grand Haven Coast Guard Festival (ii) Enforcement date and time. Satur- Fireworks; Grand Haven, MI. (i) Loca- day following first Thursday in August; tion. All waters of the Grand River be- 9 p.m. to 11 p.m. tween longitude 087°14′00″ W, near The (74) Ottawa Riverfest Fireworks; Ot- Sag, then west to longitude 087°15′00″ tawa, IL. (i) Location. All waters of the W, near the west end of the south pier Illinois River, at mile 239.7, within the (NAD 83). arc of a circle with a 300-foot radius (ii) Enforcement date and time. First from the fireworks launch site located weekend of August; 9 p.m. to 11 p.m. in position 41°20′29″ N, 088°51′20″ W (69) Sturgeon Bay Yacht Club Evening (NAD 83). on the Bay Fireworks; Sturgeon Bay, WI. (ii) Enforcement date and time. The (i) Location. All waters of Sturgeon first Sunday of August; 9 p.m. to 11 Bay, in the vicinity of the Sturgeon p.m. Bay Yacht Club, within the arc of a cir- (75) Algoma Shanty Days Fireworks; cle with a 500-foot radius from the fire- Algoma WI. (i) Location. All waters of works launch site located on a barge in Lake Michigan and Algoma Harbor position 44°49′33″ N, 087°22′26″ W (NAD within the arc of a circle with a 1000- 83). foot radius from the fireworks launch (ii) Enforcement date and time. The site located in position 44°36′24″ N, first Saturday of August; 9 p.m. to 11 087°25′54″ W (NAD 83). p.m. (ii) Enforcement date and time. Sunday (70) Elk Rapids Harbor Days Fireworks; of the second complete weekend of Au- Elk Rapids, MI. (i) Location. All waters gust; 9 p.m. to 11 p.m. of Grand Traverse Bay, in the vicinity (76) New Buffalo Ship and Shore Fes- of Edward G. Grace Memorial Park, tival Fireworks; New Buffalo, MI. (i) Lo- within the arc of a circle with a 1000- cation. All waters of Lake Michigan

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and New Buffalo Harbor within the arc Calumet River from the Ashland Ave- of a circle with a 1000-foot radius from nue Bridge at 41°39′7″ N, 087°39′38″ W; to the fireworks launch site located in po- the junction of the Calumet Sag Chan- sition 41°48′09″ N, 086°44′49″ W (NAD 83). nel at 41°39′23″ N, 087°39′ W (NAD 83). (ii) Enforcement date and time. The (ii) Enforcement date and time. The second Sunday of August; 9 p.m. to 11 first Saturday of May; 6:30 a.m. to 5 p.m. p.m. (77) Pentwater Homecoming Fireworks; (83) World War II Beach Invasion Re- Pentwater, MI. (i) Location. All waters enactment; St. Joseph, MI—(i) Location. of Lake Michigan and the Pentwater All waters of Lake Michigan in the vi- Channel within the arc of a circle with cinity of Tiscornia Park in St. Joseph, a 1000-foot radius from the fireworks MI beginning at 42°06.55 N, 086°29.23 W; launch site located in position then west/northwest along the north 43°46′56.5″ N, 086°26′38″ W (NAD 83). breakwater to 42°06.59 N, 086°29.41 W; (ii) Enforcement date and time. Satur- the northwest 100 yards to 42°07.01 N, day following the second Thursday of 086°29.44 W; then northeast 2,243 yards August; 9 p.m. to 11 p.m. to 42°07.50 N, 086°28.43 W; the southeast (78) Chicago Air and Water Show; Chi- to the shoreline at 42°07.39 N, 086°28.27 cago, IL. (i) Location. All waters and ad- W; then southwest along the shoreline jacent shoreline of Lake Michigan and to the point of origin (NAD 83). Chicago Harbor bounded by a line (ii) Enforcement date and time. The drawn from 41°55′54″ N at the shoreline, third Saturday of June; 8 a.m. to 2 p.m. then east to 41°55′54″ N, 087°37′12″ W, then southeast to 41°54′00″ N, 087°36′00″ (b) Definitions. The following defini- W (NAD 83), then southwestward to the tions apply to this section: northeast corner of the Jardine Water (1) Designated representative means Filtration Plant, then due west to the any Coast Guard commissioned, war- shore. rant, or petty officer designated by the (ii) Enforcement date and time. The Captain of the Port Lake Michigan to third Thursday, Friday, Saturday, and monitor this safety zone, permit entry Sunday of August; from 9 a.m. to 6 p.m. into this zone, give legally enforceable each day. orders to persons or vessels within this (79) [Reserved] zones and take other actions author- (80) Downtown Milwaukee BID 21 Fire- ized by the Captain of the Port. works; Milwaukee, WI. (i) Location. All (2) Public vessel means vessels waters of the Milwaukee River between owned, chartered, or operated by the the Kilbourn Avenue Bridge at 1.7 United States, or by a State or polit- miles above the Milwaukee Pierhead ical subdivision thereof. Light to the State Street Bridge at 1.79 (c) Regulations. (1) The general regu- miles above the Milwaukee Pierhead lations in 33 CFR 165.23 apply. Light. (2) All persons and vessels must com- (ii) Enforcement date and time. The ply with the instructions of the Coast third Thursday of November; 6 p.m. to Guard Captain of the Port or a des- 8 p.m. ignated representative. Upon being (81) New Years Eve Fireworks; Chicago, hailed by the U.S. Coast Guard by IL. (i) Location. All waters of Monroe siren, radio, flashing light or other Harbor and Lake Michigan within the means, the operator of a vessel shall arc of a circle with a 1000-foot radius proceed as directed. from the fireworks launch site located (3) All vessels must obtain permis- on a barge in position 41°52′41″ N, sion from the Captain of the Port or a 087°36′37″ W (NAD 83). designated representative to enter, (ii) Enforcement date and time. Decem- move within or exit the safety zone es- ber 31; 11 p.m. to January 1; 1 a.m. tablished in this section when this (82) Cochrane Cup; Blue Island, IL—(i) safety zone is enforced. Vessels and Location. All waters of the Calumet Sag persons granted permission to enter Channel from the South Halstead the safety zone shall obey all lawful or- Street Bridge at 41°39′27″ N, 087°38′29″ ders or directions of the Captain of the W; to the Crawford Avenue Bridge at Port or a designated representative. 41°39′05″ N, 087°43′08″ W; and the Little While within a safety zone, all vessels

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shall operate at the minimum speed Branch Chicago River connects to the necessary to maintain a safe course. Chicago River (Main Branch) and (d) Suspension of Enforcement. If the North Branch Chicago River). event concludes earlier than scheduled, (4) Chicago River (Main Branch). All the Captain of the Port or a designated U.S. waters of the Chicago River (Main representative will issue a Broadcast Branch) between mile marker 325.6 Notice to Mariners notifying the public (point at which the Chicago River con- when enforcement of the safety zone nects to the South Branch Chicago established by this section is sus- River) and 100 yards extending past the pended. end of the Chicago River covering the (e) Exemption. Public vessels as de- area of the Federal channel within Chi- fined in paragraph (b) of this section cago Harbor. are exempt from the requirements in (5) North Branch Chicago River. All this section. U.S. waters of the North Branch Chi- (f) Wavier. For any vessel, the Cap- cago River between mile marker 325.6 tain of the Port Lake Michigan or a (point at which the North Branch Chi- designated representative may waive cago River connects to the Chicago any of the requirements of this section, River (Main Branch) and the South upon finding that operational condi- Branch Chicago River) and mile mark- tions or other circumstances are such er 331.4 (end of navigation channel). that application of this section is un- (6) Calumet-Saganashkee Channel. All necessary or impractical for the pur- U.S. waters of the Calumet- poses of safety or environmental safe- Saganashkee Channel between mile ty. marker 303.5 (point at which the Cal- umet-Saganashkee Channel connects [CGD09–07–005, 72 FR 32183, June 12, 2007, as to the Chicago Sanitary and Ship amended by USCG–2010–0129, 75 FR 26652, May 12, 2010] Canal) and mile marker 333.0; all U.S. waters of the Calumet-Saganashkee § 165.930 Safety Zone, Brandon Road Channel between mile marker 333.0 and Lock and Dam to Lake Michigan in- Lake Michigan (Calumet Harbor). cluding Des Plaines River, Chicago (b) Effective period. This rule is effec- Sanitary and Ship Canal, Chicago tive July 18, 2011. River, and Calumet-Saganashkee (c) Enforcement. (1) The Captain of Channel, Chicago, IL. the Port, Sector Lake Michigan, may (a) Location. The safety zone consists enforce this safety zone in whole, in of the following areas: segments, or by any combination of (1) Des Plaines River. All U.S. waters segments. The Captain of the Port, of the Des Plaines River located be- Sector Lake Michigan, may suspend tween mile marker 286.0 (Brandon Road the enforcement of any segment of this Lock and Dam) and mile marker 290.0 safety zone for which notice of enforce- (point at which the Des Plaines River ment had been given. connects with the Chicago Sanitary (2) The safety zone established by and Ship Canal). this section will be enforced, pursuant (2) Chicago Sanitary and Ship Canal. to paragraph (c)(1) of this section, only All U.S. waters of the Chicago Sanitary upon notice by the Captain of the Port, and Ship Canal between mile marker Sector Lake Michigan. Suspension of 290.0 (point at which the Chicago Sani- any previously announced period of en- tary and Ship Canal connects to the forcement will also be provided by the Des Plaines River) and mile marker Captain of the Port, Sector Lake 321.8 (point at which the Chicago Sani- Michigan. All notices of enforcement tary and Ship Canal Connects to the and notices of suspension of enforce- South Branch Chicago River). ment will clearly describe any seg- (3) South Branch Chicago River. All ments of the safety zone affected by U.S. waters of the South Branch Chi- the notice. At a minimum, notices of cago River between mile marker 321.8 enforcement and notices of suspension (point at which the South Branch Chi- of enforcement will identify any af- cago River connects to the Chicago fected segments by reference to mile Sanitary and Ship Canal) and mile markers. When possible, the Captain of marker 325.6 (point at which the South the Port, Sector Lake Michigan, will

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also identify enforced segments of this the safety zone established by this sec- safety zone by referencing readily iden- tion, Vessel operators must contact the tifiable geographical points. In addi- Captain of the Port, Sector Lake tion to providing the geographical Michigan, or his or her designated rep- bounds of any enforced segment of this resentative. Vessel operators given per- safety zone, notices of enforcement mission to operate in an enforced seg- will also provide the date(s) and ment of the safety zone must comply time(s) at which enforcement will com- with all directions given to them by mence or suspend. the Captain of the Port, Sector Lake (3) The Captain of the Port, Sector Michigan, or his or her designated rep- Lake Michigan, will publish notices of resentative. enforcement and notices of suspension (4) When a segment of the safety zone of enforcement in accordance with 33 is being enforced, it will be closed to CFR 165.7(a) and in a manner that pro- all vessel traffic, except as may be per- vides as much notice to the public as mitted by the Captain of the Port, Sec- possible. The primary method of notifi- tor Lake Michigan, or his or her des- cation will be through publication in ignated representative. As soon as op- the FEDERAL REGISTER. The Captain of erations permit, the Captain of the the Port, Sector Lake Michigan, will Port, Sector Lake Michigan, will issue also provide notice through other a notice of suspension of enforcement means, such as Broadcast Notice to as specified in paragraph (c) of this sec- Mariners, local Notice to Mariners, tion. local news media, distribution in leaf- (5) All persons entering any enforced let form, and on-scene oral notice. Ad- segment of the safety zone established ditionally, the Captain of the Port, in this section are advised that they do Sector Lake Michigan, may notify rep- so at their own risk. resentatives from the maritime industry through telephonic and email noti- [USCG–2011–0228, 76 FR 35109, June 16, 2011] fications. EFFECTIVE DATE NOTE: By USCG–2011–0228, (d) Regulations. (1) In accordance with 76 FR 35109, June 16, 2011, § 165.930 was added, the general regulations in § 165.23 of effective July 18, 2011. this part, entry into, transiting, mooring, laying up, or anchoring within any § 165.931 Safety Zone, Chicago Harbor, Navy Pier Southeast, Chicago, IL. enforced segment of the safety zone is prohibited unless authorized by the (a) Location. The following area is a Captain of the Port, Sector Lake safety zone: The waters of Lake Michi- Michigan, or his or her designated rep- gan within Chicago Harbor between the resentative. east end of the Chicago Lock guide (2) The ‘‘designated representative’’ wall and the Chicago Harbor break- of the Captain of the Port, Sector Lake water beginning at 41°53′24″ N, 087°35′26″ Michigan, is any Coast Guard commis- W; then south to 41°53′09″ N, 087°35′26″ sioned, warrant or petty officer who W; then east to 41°53′09″ N, 087°36′09″ W; has been designated by the Captain of then north to 41°53′24″ N, 087°36′09″ W; the Port, Sector Lake Michigan, to act then back to the point of origin. on his or her behalf. The designated (b) Definitions. The following defini- representative of the Captain of the tions apply to this section: Port, Sector Lake Michigan, will be (1) Designated representative means aboard a Coast Guard, Coast Guard any Coast Guard commissioned, war- Auxiliary, or other designated vessel or rant, or petty officer designated by the will be on shore and will communicate Captain of the Port Lake Michigan to with vessels via VHF radio, loudhailer, monitor this safety zone, permit entry or by phone. The Captain of the Port, into this zone, give legally enforceable Sector Lake Michigan, or his or her orders to persons or vessels within this designated representative may be con- zone and take other actions authorized tacted via VHF radio Channel 16 or the by the Captain of the Port. Coast Guard Sector Lake Michigan (2) Public vessel means vessels owned, Command Center at 414–747–7182. chartered, or operated by the United (3) To obtain permission to enter or States, or by a State or political sub- operate within an enforced segment of division thereof.

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(c) Regulations. (1) The general regu- § 165.933 Safety Zone, Chicago Harbor, lations in 33 CFR 165.23 apply. Navy Pier East, Chicago, IL. (2) All persons and vessels must com- (a) Location. The following area is a ply with the instructions of the Coast safety zone: The waters of Lake Michi- Guard Captain of the Port or a des- gan within Chicago Harbor between the ignated representative. Upon being east end of Navy Pier and the Chicago hailed by the U.S. Coast Guard by Harbor breakwater beginning at siren, radio, flashing light or other 41°53′37″ N, 087°35′26″ W; then south to means, the operator of a vessel shall 41°53′24″ N, 087°35′26″ W; then east to proceed as directed. 41°53′24″ N, 087°35′55″ W; then north to (3) All vessels must obtain permis- 41°53′37″ N, 087°35′55″ W; then back to sion from the Captain of the Port or a the point of origin. designated representative to enter, (b) Definitions. The following defini- move within or exit the safety zone es- tions apply to this section: tablished in this section when this (1) Designated representative means safety zone is enforced. Vessels and any Coast Guard commissioned, war- persons granted permission to enter rant, or petty officer designated by the the safety zone shall obey all lawful or- Captain of the Port Lake Michigan to ders or directions of the Captain of the monitor this safety zone, permit entry Port or a designated representative. into this zone, give legally enforceable While within a safety zone, all vessels orders to persons or vessels within this shall operate at the minimum speed zones and take other actions author- necessary to maintain a safe course. ized by the Captain of the Port. (d) Notice of Enforcement or Suspension (2) Public vessel means vessels owned, of Enforcement. The safety zone estab- chartered, or operated by the United lished by this section will be enforced States, or by a State or political sub- only upon notice of the Captain of the division thereof. Port. The Captain of the Port will (c) Regulations. (1) The general regu- cause notice of enforcement of the lations in 33 CFR 165.23 apply. safety zone established by this section (2) All persons and vessels must com- to be made by all appropriate means to ply with the instructions of the Coast the affected segments of the public in- Guard Captain of the Port Lake Michi- cluding publication in the FEDERAL gan or a designated representative. REGISTER as practicable, in accordance with 33 CFR 165.7(a). Such means of no- Upon being hailed by the U.S. Coast tification may also include, but are not Guard by siren, radio, flashing light or limited to Broadcast Notice to Mari- other means, the operator of a vessel ners or Local Notice to Mariners. The shall proceed as directed. Captain of the Port will issue a Broad- (3) All vessels must obtain permis- cast Notice to Mariners notifying the sion from the Captain of the Port Lake public when enforcement of the safety Michigan or a designated representa- zone established by this section is sus- tive to enter, move within or exit the pended. safety zone established in this section when this safety zone is enforced. Ves- (e) Exemption. Public vessels as de- sels and persons granted permission to fined in paragraph (b) of this section enter the safety zone shall obey all are exempt from the requirements in lawful orders or directions of the Cap- this section. tain of the Port Lake Michigan or a (f) Waiver. For any vessel, the Cap- designated representative. While with- tain of the Port Lake Michigan or a in a safety zone, all vessels shall oper- designated representative may waive ate at the minimum speed necessary to any of the requirements of this section, maintain a safe course. upon finding that operational condi- (d) Notice of Enforcement or Suspension tions or other circumstances are such of Enforcement. The safety zone estab- that application of this section is un- lished by this section will be enforced necessary or impractical for the pur- only upon notice of the Captain of the poses of safety or environmental safe- Port. The Captain of the Port Lake ty. Michigan will cause notice of enforce- [CGD09–07–006, 72 FR 32521, June 13, 2007] ment of the safety zone established by

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this section to be made by all appro- (c) Regulations. (1) The general regu- priate means to the affected segments lations in 33 CFR 165.23 apply. of the public including publication in (2) All persons and vessels must com- the FEDERAL REGISTER as practicable, ply with the instructions of the Coast in accordance with 33 CFR 165.7(a). Guard Captain of the Port or a des- Such means of notification may also ignated representative. Upon being include, but are not limited to Broad- hailed by the U.S. Coast Guard by cast Notice to Mariners or Local No- siren, radio, flashing light or other tice to Mariners. The Captain of the means, the operator of a vessel shall Port Lake Michigan will issue a Broad- proceed as directed. cast Notice to Mariners notifying the (3) All vessels must obtain permis- public when enforcement of the safety sion from the Captain of the Port or a zone established by this section is sus- designated representative to enter, pended. move within or exit the safety zone es- (e) Exemption. Public vessels as de- tablished in this section when this fined in paragraph (b) of this section safety zone is enforced. Vessels and are exempt from the requirements in persons granted permission to enter this section. the safety zone shall obey all lawful or- (f) Wavier. For any vessel, the Cap- ders or directions of the Captain of the tain of the Port Lake Michigan or a Port or a designated representative. designated representative may waive While within a safety zone, all vessels any of the requirements of this section, shall operate at the minimum speed upon finding that operational condi- necessary to maintain a safe course. tions or other circumstances are such (d) Notice of Enforcement or Suspension that application of this section is un- of Enforcement. The safety zone estab- necessary or impractical for the pur- lished by this section will be enforced poses of safety or environmental safe- only upon notice of the Captain of the ty. Port. The Captain of the Port will [CGD09–07–007, 72 FR 32525, June 13, 2007] cause notice of enforcement of the safety zone established by this section § 165.935 Safety Zone, Milwaukee Har- to be made by all appropriate means to bor, Milwaukee, WI. the affected segments of the public including publication in the FEDERAL (a) Location. The following area is a REGISTER as practicable, in accordance safety zone: the waters of Lake Michi- with 33 CFR 165.7(a). Such means of no- gan within Milwaukee Harbor includ- tification may also include, but are not ing the Harbor Island Lagoon enclosed limited to Broadcast Notice to Mari- by a line connecting the following ners or Local Notice to Mariners. The points: beginning at 43°02′00″ N, Captain of the Port will issue a Broad- 087°53′53″ W; then south to 43°01′44″ N, cast Notice to Mariners notifying the 087°53′53″ W; then east to 43°01′44″ N, public when enforcement of the safety 087°53′25″ W; then north to 43°02′00″ N, zone established by this section is sus- 087°53′25″ W; then west to the point of pended. origin. (e) Exemption. Public vessels as de- (b) Definitions. The following defini- fined in paragraph (b) of this section tions apply to this section: are exempt from the requirements in (1) Designated representative means this section. any Coast Guard commissioned, war- (f) Waiver. For any vessel, the Cap- rant, or petty officer designated by the tain of the Port Lake Michigan or a Captain of the Port Lake Michigan to designated representative may waive monitor this safety zone, permit entry any of the requirements of this section, into this zone, give legally enforceable upon finding that operational condi- orders to persons or vessels within this tions or other circumstances are such zone and take other actions authorized that application of this section is un- by the Captain of the Port. necessary or impractical for the pur- (2) Public vessel means vessels owned, poses of safety or environmental safe- chartered, or operated by the United ty. States, or by a State or political subdivision thereof. [CGD09–07–008, 72 FR 32523, June 13, 2007]

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§ 165.939 Safety Zones; Annual Fire- (ii) Enforcement date. This section is works Events in the Captain of the effective from 10 p.m. to 10:30 p.m. on Port Buffalo Zone. the first weekend of July each year. (a) Safety zones. The following areas (7) Seneca River Days, Baldwinsville, are designated Safety zones and are NY—(i) Location. All waters of the Sen- listed geographically from New York to eca River within a 500-foot radius of Ohio. land position: 43°09′25″ N, 076°20′21″ W; (1) Boldt Castle 4th of July Fireworks, in Baldwinsville, NY. (DATUM: NAD Heart Island, NY—(i) Location. All 83). waters of the St. Lawrence River with- (ii) Enforcement date. This section is in a 500-foot radius of the land position: effective from 9:30 p.m. to 10:30 p.m. on 44°20′39″ N, 075°55′16″ W; at Heart Island, the first weekend of July each year. NY. (DATUM: NAD 83). (8) Oswego Harborfest, Oswego, NY—(i) (ii) Enforcement date. This section is Location. All waters of Lake Ontario within a 1,000-foot radius of barge posi- effective from 9 p.m. to 10 p.m. on July ° ′ ″ ° ′ ″ 4 of each year. tion 43 28 10 N, 076 31 04 W; in Oswego, NY. (DATUM: NAD 83). (2) Clayton Chamber of Commerce Fire- (ii) Enforcement date. This section is works, Calumet Island, NY—(i) Location. effective from 9 p.m.to 10 p.m. on the All waters of the St. Lawrence River last Saturday in July each year. within a 500-foot radius of land posi- (9) Village Fireworks, Sodus Point, tion: 44°15′05″ N, 076°05′35″ W; in Cal- NY—(i) Location. All waters of Sodus umet Island Harbor, NY. (DATUM: Bay within a 500-foot radius of land po- NAD 83). sition: 43°16′27″ N, 076°58′27″ W; in Sodus (ii) Enforcement date. This section is Point, NY. (DATUM: NAD 83). effective from 9 p.m. to 10 p.m. on July (ii) Enforcement date. This section is 1 of each year. effective from 10 p.m. to 10:30 p.m. on (3) French Festival Fireworks, Cape the first Saturday in July each year. Vincent, NY—(i) Location. All waters of (10) City of Syracuse Fireworks Celebra- the St. Lawrence River within a 500- tion, Syracuse, NY—(i) Location. All ° ′ ″ foot radius of land position: 44 07 53 N, waters of Onondaga Lake within a 350- ° ′ ″ 076 20 02 W. (DATUM: NAD 83). foot radius of land position 43°03′37″ N, (ii) Enforcement date. This section is 076°09′59″ W; in Syracuse, NY. (DATUM: effective from 9:30 p.m. to 10:30 p.m. on NAD 83). the first or second weekend of July (ii) Enforcement date. This section is each year. effective from 9:30 p.m. to 10:30 p.m. on (4) Brewerton Fireworks, Brewerton, the last weekend in June each year. NY—(i) Location. All waters of Lake (11) Tom Graves Memorial Fireworks, Oneida within a 500-foot radius of barge Port Bay, NY—(i) Location. All waters position: 43°14′15″ N, 076°08′03″ W; in of Port Bay within a 500-foot radius of Brewerton, NY. (DATUM: NAD 83). barge position: 43°17′46″ N, 076°50′02″ W; (ii) Enforcement date. This section is in Port Bay, NY. (DATUM: NAD 83). effective from 9:30 p.m. to 10:30 p.m. on (ii) Enforcement date. This section is the first weekend of July each year. effective from 10 p.m. to 10:30 p.m. on (5) Celebrate Baldwinsville Fireworks, the first weekend in July each year. Baldwinsville, NY—(i) Location. All (12) Rochester Harbor and Carousel Fes- waters of the Seneca River within a tival, Rochester, NY—(i) Location. All 500-foot radius of land position: 43°09′21″ waters of Lake Ontario within a 500- N, 076°20′01″ W. (DATUM: NAD 83). foot radius of land position: 43°15′21″ N, (ii) Enforcement date. This section is 077°36′19″ W in Rochester, NY. (DATUM: effective from 9:30 p.m. to 10 p.m. on NAD 83). the third weekend of September each (ii) Enforcement date. This section is year. effective from 8 p.m. to 10 p.m. on June (6) Island Festival Fireworks Display, 24th of each year. Baldwinsville, NY—(i) Location. All (13) North Tonawanda Fireworks Dis- waters of the Seneca River within a play, Tonawanda, NY—(i) Location. All 500-foot radius of land position: 43°09′25″ waters of the East Niagara River with- N, 076°20′21″ W; in Baldwinsville, NY. in a 500-foot radius of a barge located (DATUM: NAD 83). at position: 43°01′12″ N, 078°53′36″ W; in

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North Tonawanda, NY. (DATUM: NAD (ii) Enforcement date. This section is 83). effective from 9:45 p.m. to 11 p.m. on (ii) Enforcement date. This section is the first weekend in July each year. effective from 9:45 p.m. to 10:15 p.m. on (20) Browns Football Halftime Fire- July 4th of each year. works, Cleveland, OH—(i) Location. All (14) Tonawanda’s Canal Fest Fire- navigable waters of Cleveland Harbor works, Tonawanda, NY—(i) Location. All and Lake Erie beginning in approxi- waters of the East Niagara River with- mate land position: 41°30.823′ N, in a 500-foot radius of barge position: 081°41.620′ W (the northwest corner of 43°01′12″ N, 078°53′36″ W; in Tonawanda, Burke Lakefront Airport); continuing NY. (DATUM: NAD 83). northwest to 41°31.176′ N, 081°41.884′ W; (ii) Enforcement date. This section is then southwest to 41°30.810′ N, effective from 9:30 p.m. to 10:30 p.m. on 081°42.515′ W; then southeast to the fourth Sunday in July each year. 41°30.450′ N, 081°42.222′ W (the northwest (15) Celebrate Erie Fireworks, Erie, corner of dock 28 at the Cleveland Port PA—(i) Location. All waters of Presque Authority) then northeast back to the Isle Bay within an 800-foot radius of starting point at 41°30.823′ N, 081°41.620′ land position: 42°08′19″ N, 080°05′29″ W; W. (DATUM: NAD 83). at the end of Dobbins Landing Pier, (ii) Enforcement date. This section is Erie, PA. (DATUM: NAD 83). effective on a Sunday during the sec- (ii) Enforcement date. This section is ond or third Cleveland Brown’s home effective from 9:45 p.m. to 10:30 p.m. on game each year. the third weekend in August each year. (21) City of Cleveland 4th of July Fire- (16) Ashtabula Area Fireworks, Walnut works, Cleveland, OH—(i) Location. All Beach, Ashtabula, OH—(i) Location. All navigable waters of Cleveland Harbor waters of Lake Erie and Ashtabula and Lake Erie within a 400-yard radius Harbor within a 300-yard radius of land of Main Entrance Light 5 (LLNR 4180) position: 41°54.167′ N, 080°48.416′ W; in at position: 41°30.23′ N, 081°42.7′ W; in Ashtabula, OH. (DATUM: NAD 83). Cleveland, OH (DATUM: NAD 83). (ii) Enforcement date. This section is (ii) Enforcement date. This section is effective from 9:45 p.m. to 11 p.m. on effective from 9:45 p.m. to 11 p.m. on the second weekend in July each year. the first weekend in July each year. (17) Fairport Harbor Mardi Gras, (22) Dollar Bank Jamboree Fireworks Fairport Harbor, OH—(i) Location. All Display, Cleveland, OH—(i) Location. All waters of Fairport Harbor and Lake navigable waters of Cleveland Harbor Erie within a 300-yard radius of land and Lake Erie beginning at land posi- position: 41°45.500′ N, 081°16.300′ W; east tion: 41°30.823′ N, 081°41.620′ W (the of the harbor entrance at Fairport Har- northwest corner of Burke Lakefront bor Beach, OH. (DATUM: NAD 83). Airport); continuing northwest to (ii) Enforcement date. This section is 41°31.176′ N, 081°41.884′ W; then south- effective from 9:45 p.m. to 11 p.m. on west to 41°30.810′ N, 081°42.515′ W; then the first Saturday of July each year. southeast to 41°30.450′ N, 081°42.222′ W (18) Lake County Perchfest Fireworks, (the northwest corner of dock 28 at the Fairport, OH—(i) Location. All waters of Cleveland Port Authority) then north- Fairport Harbor and Lake Erie within east back to the starting point at a 300-yard radius of land position: 41°30.823′ N, 081°41.620′ W. (DATUM: 41°45.500′ N, 081°16.300′ W; in Fairport, NAD 83). OH. (DATUM: NAD 83). (ii) Enforcement date. This section is (ii) Enforcement date. This section is effective from 9:45 p.m. to 11 p.m. on effective from 9:45 p.m. to 11 p.m. on the first weekend in July each year. the second weekend in September each (23) Lakewood City Fireworks Display, year. Lakewood, OH—(i) Location. All waters (19) Mentor Harbor Yacht Club Fire- of Lake Erie within a 200-yard radius of works, Mentor Harbor, OH—(i) Location. land position: 41°29.755′ N, 081°47.780′ W All waters of Lake Erie and Mentor (off of Lakewood Park); in Lakewood, Harbor within a 200-yard radius of OH. (DATUM: NAD 83). 41°43.200′ N, 081°21.400′ W (west of the (ii) Enforcement date. This section is harbor entrance); in Mentor Harbor, effective from 9:45 p.m. to 11 p.m. on OH. (DATUM: NAD 83). the first weekend in July each year.

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(24) Cleveland Yachting Club Fireworks Guard Captain of the Port or his des- Display, Rocky River, OH—(i) Location. ignated representative. All waters of the Rocky River and (iii) Upon being hailed by the U.S. Lake Erie within a 200-yard radius of Coast Guard by siren, radio, flashing land position 41°29.428′ N, 081°50.309′ W light or other means, the operator of a (DATUM: NAD 83) at Sunset Point on vessel shall proceed as directed. the western side of the mouth of the (3)(i)All vessels must obtain permis- Rocky River in Cleveland, OH. sion from the Captain of the Port or (ii) Enforcement date. This section is his designated representative to enter, effective from 9:45 p.m. to 11 p.m. on move within, or exit the safety zone es- the third weekend in July each year. tablished in this section when this (25) Lorain 4th of July Celebration Fire- safety zone is enforced. works Display, Lorain, OH—(i) Location. (ii) Vessels and persons granted per- All waters of Lorain Harbor within a mission to enter the safety zone must 300-yard radius of land position obey all lawful orders or directions of 41°28.591′ N, 082°10.855′ W (DATUM: NAD the Captain of the Port or a designated 83), east of the harbor entrance on the representative. end of the break wall near Spitzer’s (iii) While within a safety zone, all Marina. vessels must operate at the minimum (ii) Enforcement date. This section is speed necessary to maintain a safe effective from 9:45 p.m. to 11 p.m. on course. the first weekend in July each year. (d) Exemption. Public vessels, as de- (26) Lorain Port Fest Fireworks Dis- fined in paragraph (b) of this section, play, Lorain, OH—(i) Location. All are exempt from the requirements in waters of Lorain Harbor within a 250- this section. ° ′ yard radius of land position: 41 28.040 (e) Waiver. For any vessel, the Cap- ° ′ N, 082 10.365 W; in Lorain, OH tain of the Port Buffalo or his des- (DATUM: NAD 83). ignated representative may waive any (ii) Enforcement date. This section is of the requirements of this section, effective from 9:45 p.m. to 11 p.m. on upon finding that operational condi- the third weekend in July each year. tions or other circumstances are such (b) Definitions. The following defini- that application of this section is un- tions apply to this section: necessary or impractical for the pur- (1) Designated Representative means poses of public or environmental safe- any Coast Guard commissioned, war- ty. rant, or petty officer designated by the (f) Notification. The Captain of the Captain of the Port Buffalo to monitor Port Buffalo will notify the public that a safety zone, permit entry into the that the zones in this proposal are or zone, give legally enforceable orders to will be enforced by all appropriate persons or vessels within the zones, and means to the affected segments of the take other actions authorized by the public including publication in the Captain of the Port. FEDERAL REGISTER as practicable, in (2) Public vessel means vessels owned, accordance with 33 CFR 165.7(a). Such chartered, or operated by the United means of notification may also include, States, or by a State or political sub- but are not limited to Broadcast Notice division thereof. to Mariners or Local Notice to Mari- (c) Regulations. (1) In accordance with ners. The Captain of the Port will issue the general regulations in section a Broadcast Notice to Mariners noti- 165.23 of this part, entry into, fying the public when enforcement of transiting, or anchoring within this the safety zone established by this sec- safety zone is prohibited unless author- tion is cancelled. ized by the Captain of the Port Buffalo, or his designated representative. [USCG–2008–0219, 73 FR 28705, May 19, 2008] (2)(i) These safety zones are closed to all vessel traffic, except as may be per- § 165.941 Safety Zones; Annual Fire- mitted by the Captain of the Port Buf- works Events in the Captain of the falo or his designated representative. Port Detroit Zone. (ii) All persons and vessels must com- (a) Safety Zones. The following areas ply with the instructions of the Coast are designated Safety zones: (1)

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Roostertail Fireworks (barge), Detroit, (ii) Expected date: One evening during MI: the last week in of June or the first (i) Location: All waters of the Detroit week of July. The exact dates and River within a 300-foot radius of the times for this event will be determined fireworks launch site located at posi- annually. tion 42°21′16.67″ N, 082°58′20.41″ W. (NAD (6) Put-In-Bay Fourth of July Fire- 83). This area is located between De- works, Put-In-Bay, OH: troit and Belle Isle near the (i) Location: All waters of Lake Erie Roostertail restaurant. within a 1000-foot radius of the fire- (ii) Expected date: One evening during works launch site located at position the third week in July. The exact dates 41°39.7′ N, 082°48.0′ W (NAD 83). This and times for this event will be deter- area is located in Put-In-Bay Harbor. mined annually. (ii) Expected date: One evening during (2) Washington Township the first week of July. The exact dates Summerfest Fireworks, Toledo, OH: and times for this event will be deter- (i) Location: All waters of the Ottawa mined annually. River within a 600-foot radius of the (7) Gatzeros Fireworks, Grosse Point fireworks launch site located at posi- Park, MI: tion 41°43′29″ N, 083°28′47″ W (NAD 83). (i) Location: All waters of Lake St. This area is located at the Fred C. Clair within a 300-foot radius of the Young Bridge, Toledo, OH. fireworks launch site located at posi- (ii) Expected date: One evening during tion 42° 22.6′ N, 082°54.8′ W (NAD 83). the last week in June or the first week This area is located near Grosse Point in July. The exact dates and times for Park, MI. this event will be determined annually. (ii) Expected date: One evening during (3) Au Gres City Fireworks, Au Gres, the first week in July. The exact dates MI: and times for this event will be deter- (i) Location: All waters of Saginaw mined annually. Bay within a 700-foot radius of the fire- (8) Harrisville Fireworks, Harrisville, works launch site located at position MI: 44°1.4′ N, 083°40.4′ W (NAD 83). This area (i) Location: All waters of Lake Huron is located at the end of the pier near within a 450-foot radius of the fire- the end of Riverside Drive in Au Gres, works launch site located at position MI. 44°39.7′ N, 083°17.0′ W (NAD 83). This (ii) Expected date: One evening during area is located at the end of the break the last week in June or the first week wall at the Harrisville harbor in Har- in July. The exact dates and times for risville, MI. this event will be determined annually. (ii) Expected date: One evening during (4) The Old Club Fireworks, Harsens the first week in July. The exact dates Island, MI: and times for this event will be deter- (i) Location: All waters of Lake St. mined annually. Clair within an 850-foot radius of the (9) Harbor Beach Fireworks, Harbor fireworks launch site located at posi- Beach, MI: tion 42°32.4′ N, 082°40.1′ W (NAD 83). (i) Location: All waters of Lake Huron This area is located near the southern within a 700-foot radius of the fire- end of Harsen’s Island, MI. works launch site located at position (ii) Expected date: One evening during 43°50.8′ N, 082° 38.6′ W (NAD 83). This the last week of June or the first week area is located at the end of the rail- of July. The exact dates and times for road pier east of the end of State this event will be determined annually. Street in Harbor Beach, MI. (5) Alpena Fireworks, Alpena, MI: (ii) Expected date: One evening during (i) Location: All waters of Lake Huron the second week in July. The exact within an 800-foot radius of the fire- dates and times for this event will be works launch site located at position determined annually. 45°2.7′ N, 083°26.8′ W (NAD 83). This area (10) Trenton Rotary Roar on the is located near the end of Mason River Fireworks, Trenton, MI: Street, South of State Avenue, in (i) Location: All waters of the Detroit Alpena, MI. River within a 420-foot radius of the

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fireworks launch site located at posi- (15) Schoenith Family Foundation tion 42°7.8′ N, 083°10.4 ′ W (NAD 83). This Fireworks, Detroit, MI: area is located between Grosse Ile and (i) Location: All waters of the Detroit Elizabeth Park in Trenton, MI. River, within a 210-foot radius of the (ii) Expected date: One evening during fireworks launch site located at posi- the third week in July. The exact dates tion 42°21.2′ N, 82°58.4′ W. (NAD 83). This and times for this event will be deter- area is located between Detroit and mined annually. Belle Isle. (11) Nautical Mile Venetian Festival (ii) Expected date: One evening during Fireworks, St. Clair Shores, MI: the third week in September. The exact (i) Location: All waters of Lake St. dates and times for this event will be Clair within a 210-foot radius of the determined annually. fireworks launch site located at posi- (16) Toledo Country Club Memorial tion 42°28.2′ N, 082°52.5′ W (NAD 83). Celebration and Fireworks, Toledo, OH: This area is located near Jefferson (i) Location: All waters of the Beach Marina in St. Clair Shores, MI. Maumee River, within a 250-yard radius (ii) Expected date: One evening during of the fireworks launch site located on the second week in August. The exact shore at position 41°35′12.58″ N, dates and times for this event will be 83°36′16.58″ W. (NAD 83). This area is lo- determined annually. cated at the Toledo Country Club’s (12) Cheeseburger Festival Fireworks, 18th Green and encompasses the fire- Caseville, MI: works launch site. (i) Location: All waters of Lake Huron (ii) Expected date: One evening during within a 300-foot radius of the fire- the last week in May. The exact dates works launch site located at position and times for this event will be deter- 43°56.9′ N, 083°17.2′ W (NAD 83). This mined annually. area is located near the break wall lo- (17) Luna Pier Fireworks Show, Luna cated at Caseville County Park, Pier, MI: Caseville, MI. (i) Location: All waters of Lake Erie, (ii) Expected date: One evening during within a 300-yard radius of the fire- the second week in August. The exact works launch site located at position dates and times for this event will be 41°48′32″ N, 83°26′23″ W. (NAD 83). This determined annually. area is located at the Clyde E. Evens (13) Detroit International Jazz Fes- Municipal Pier. tival Fireworks, Detroit, MI: (ii) Expected date: One evening during (i) Location: All waters of the Detroit the first week in July. The exact dates River within a 560-foot radius of the and times for this event will be deter- fireworks launch site located at posi- mined annually. tion 42°19.6′ N, 83°2.6′ W (NAD 83). This (18) Toledo Country Club 4th of July area is located in the Detroit River be- Fireworks, Toledo, OH: tween Cobo Hall and the GM Head- (i) Location: All waters of the quarters in Detroit, MI. Maumee River, within a 250-yard radius (ii) Expected date: One evening during of the fireworks launch site located on the last week in August or the first shore at position 41°35′12.58″ N, week in September. The exact dates 83°36′16.58″ W. (NAD 83). This area is lo- and times for this event will be deter- cated at the Toledo Country Club’s mined annually. 18th Green and encompasses the fire- (14) Marine City Maritime Festival works launch site. Fireworks, Marine City, MI: (ii) Expected date: One evening during (i) Location: All waters of the St. the first week in July. The exact dates Clair River within an 840-foot radius of and times for this event will be deter- the fireworks launch site located at po- mined annually. sition 42°42.9′ N, 082°29.1′ W (NAD 83). (19) Pharm Lights Up The Night Fire- This area is located east of Marine works, Toledo, OH: City. (i) Location: All waters of the (ii) Expected date: One evening during Maumee River, within a 300-yard radius the third week in September. The exact of the fireworks launch site located at dates and times for this event will be position 41°38′35″ N, 83°31′54″ W. (NAD determined annually. 83). This position is located at the bow

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of the museum ship SS WILLIS B. works launch site located at the Huron BOYER. Ore Docks at position 41°23′38″ N, (ii) Expected date: One day evening 82°32′59″ W. (NAD 83). during the first or second weeks in (ii) Expected date: One evening during July. The exact dates and times for the second week in July. The exact this event will be determined annually. dates and times for this event will be (20) Perrysburg/Maumee 4th of July determined annually. Fireworks, Perrysburg, OH: (25) Kellys Island, Island Fest Fire- (i) Location: All waters of the works, Kellys Island, OH: Maumee River, within an 850-foot ra- (i) Location: All waters of Lake Erie, dius of the fireworks launch site lo- within a 300-yard radius of the fire- cated at position 41°33′27″ N, 83°38′59″ W. works launch site located at position (NAD 83). This position is located at 41°35′43″ N, 82°43′30″ W. (NAD 83). This the Perrysburg/Maumee Hwy 20 Bridge. position is located at the old Neuman (ii) Expected date: One evening during Boat Line Dock. the first week in July. The exact dates (ii) Expected date: One evening during and times for this event will be deter- the third or fourth weeks in July. The mined annually. exact dates and times for this event (21) Lakeside July 4th Fireworks, will be determined annually. Lakeside, OH: (26) Riverfest at the International (i) Location: All waters of Lake Erie, Docks, Toledo, OH: within a 560-foot radius of the fire- (i) Location: All waters of the works launch site located at position Maumee River, extending from the bow 41°32′52″ N, 82°45′03″ W. (NAD 83). This of the museum ship SS WILLIS B. position is located at the Lakeside As- BOYER (41°38′35″ N, 83°31′54″ W), then sociation Dock. north/north-east to the south end of (ii) Expected date: One evening during the City of Toledo Street (41°38′51″ N, the first week in July. The exact dates 83°31′50″ W), then south-west to the red and times for this event will be deter- nun buoy #64 (41°38′48″ N, 83°31′58″), mined annually. then south/south-east back to the point (22) Catawba Island Club Fireworks, of origin at the bow of the museum Catawba Island, OH: ship SS WILLIS B. BOYER. (NAD 83). (i) Location: All waters of Lake Erie, (ii) Expected date: One evening during within a 300-yard radius of the fire- the first week in September. The exact works launch site located at position dates and times for this event will be 41°34′20″ N, 82°51′18″ W. (NAD 83). This determined annually. position is located at the northwest end of the Catawba Cliffs Harbor Light (27) Rossford Labor Day Fireworks, Pier. Rossford, OH: (ii) Expected date: One evening during (i) Location: All waters of the the first week in July. The exact dates Maumee River, within a 350-yard radius and times for this event will be deter- of the fireworks launch site located at mined annually. position 41°36′58″ N, 83°33′56″ W. (NAD (23) Red, White and Blues Bang Fire- 83). This position is located at Veterans works, Huron, OH: Memorial Park. (i) Location: All waters of the Huron (ii) Expected date: One evening during River, within a 300-yard radius of the the first week in September. The exact fireworks launch site located at posi- dates and times for this event will be tion 41°23′29″ N, 82°32′55″ W. (NAD 83). determined annually. This position is located at the Huron (28) Lakeside Labor Day Fireworks, Ore Docks in Huron, OH. Lakeside, OH: (ii) Expected date: One evening during (i) Location: All waters of Lake Erie, the first week in July. The exact dates within a 560-foot radius of the fire- and times for this event will be deter- works launch site located at position mined annually. 41°32′52″ N, 82°45′03″ W. (NAD 83). This (24) Huron Riverfest Fireworks, position is located at the Lakeside As- Huron, OH: sociation Dock. (i) Location: All waters of Huron Har- (ii) Expected date: One evening during bor, within a 350-foot radius of the fire- the first week in September. The exact

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dates and times for this event will be and times for this event will be deter- determined annually. mined annually. (29) Catawba Island Club Fireworks, (34) Port Austin Fireworks, Port Aus- Catawba Island, OH: tin, MI: (i) Location: All waters of Lake Erie, (i) Location: All waters of Lake within a 300-yard radius of the fire- Huron, off the Port Austin break wall works launch site located at position within a 300-yard radius of the fire- 41°34′20″ N, 82°51′18″ W. (NAD 83). This works launch site located at position position is located at the northwest 42°03′ N, 082°40′ W. (NAD 83). end of the Catawba Cliffs Harbor Light (ii) Expected date: One evening during Pier. the first week in July. The exact dates (ii) Expected date: One evening during and times for this event will be deter- the first week in September. The exact mined annually. dates and times for this event will be (35) City of Wyandotte Fireworks, determined annually. Wyandotte, MI: (30) Bay-Rama Fishfly Festival Fire- (i) Location: All waters of the Detroit works, New Baltimore, MI: River, off the break wall between Oak (i) Location: All waters of Lake St. and Van Alstyne St., within a 300-yard Clair-Anchor Bay, off New Baltimore radius of the fireworks launch site lo- City Park, within a 300-yard radius of cated at position 42°12′ N, 083°09′ W. the fireworks launch site located at po- (NAD 83). sition 42°41′ N, 082°44′ W (NAD 83). (ii) Expected date: One evening during (ii) Expected date: One evening during the first week in July. The exact dates the first week in June. The exact dates and times for this event will be deter- and times for this event will be determined annually. mined annually. (36) Grosse Pointe Farms Fireworks, (31) Lake Erie Metropark Fireworks, Grosse Point Farms, MI: Gibraltar, MI: (i) Location: All waters of Lake Erie, (i) Location: All waters of Lake St. off Lake Erie Metro Park, within a 300- Clair, within a 300-yard radius of the yard radius of the fireworks launch site fireworks barge located at position ° ′ ° ′ located at position 42°03′N, 083°11′W 42 23 N, 082 52 W. (NAD 83). This posi- (NAD 83). This position is located off tion is located 300 yards east of Grosse the Brownstown Wave pool area. Pointe Farms, MI. (ii) Expected date: One evening during (ii) Expected date: One evening during the first week in July. The exact dates the first week in July. The exact dates and times for this event will be deter- and times for this event will be determined annually. mined annually. (32) City of St. Clair Fireworks, St. (37) Caseville Fireworks, Caseville, Clair, MI: MI: (i) Location: All waters off the St. (i) Location: All waters of Saginaw Clair River near St. Clair City Park, Bay, within a 300-yard radius of the within a 300-yard radius of the fire- fireworks launch site located at posi- works launch site located at position tion 43°56.9′ N, 083°17.2′ W. (NAD 83). 42°49′ N, 082°29′ W (NAD 83). This position is located off the (ii) Expected date: One evening during Caseville break wall. the first week in July. The exact dates (ii) Expected date: One evening during and times for this event will be deter- the first week in July. The exact dates mined annually. and times for this event will be deter- (33) Oscoda Township Fireworks, mined annually. Oscoda, MI: (38) Algonac Pickerel Tournament (i) Location: All waters of Lake Fireworks, Algonac, MI: Huron, off the DNR Boat Launch near (i) Location: All waters of the St. the mouth of the Au Sable River with- Clair River, within a 300-yard radius of in a 300-yard radius of the fireworks the fireworks barge located at position launch site located at position 44°19′ N, 41°37′ N, 082°32′ W. (NAD 83). This posi- 083°25′ W (NAD 83). tion is located between Algonac and (ii) Expected date: One evening during Russel Island, St. Clair River-North the first week in July. The exact dates Channel.

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(ii) Expected date: One evening during N, 082°30′ W. (NAD 83). This position is the first week in July. The exact dates located 300 yards east of the Lexington and times for this event will be deter- break wall, Lake Huron. mined annually. (ii) Expected date: One evening during (39) Port Sanilac Fireworks, Port the first week in July. The exact dates Sanilac, MI: and times for this event will be deter- (i) Location: All waters of Lake Huron mined annually. within a 300-yard radius of the fire- (44) City of Ecorse Water Festival works launch site located at position Fireworks, Ecorse, MI: ° ′ ° ′ 43 25 N, 082 31 W. (NAD 83). This posi- (i) Location: All waters of the Detroit tion is located at the South Harbor River within a 300-yard radius of the Break wall in Port Sanilac. fireworks barge located at position (ii) Expected date: One evening during 41°14′ N, 083°09′ W. (NAD 83). This posi- the first week in July. The exact dates tion is located in the Ecorse Channel at and times for this event will be deter- the northern end of Mud Island. mined annually. (40) St. Clair Shores Fireworks, St. (ii) Expected date: One evening during Clair Shores, MI: the first week in July. The exact dates (i) Location: All waters of Lake St. and times for this event will be deter- Clair within a 300-yard radius of the mined annually. fireworks barge located at position (45) Grosse Isle Yacht Club Fire- 42°32′ N, 082°51′ W. (NAD 83). This posi- works, Grosse Isle, MI: tion is located 1000 yards east of Vet- (i) Location: All waters of the Detroit eran’s Memorial Park, St. Clair Shores. River within a 300-yard radius of the (ii) Expected date: One evening during fireworks launch site located at posi- the first week in July. The exact dates tion 42°05′ N, 083°09′ W. (NAD 83). This and times for this event will be deter- position is located in front of the mined annually. Grosse Isle Yacht Club. (41) Port Huron 4th of July Fire- (ii) Expected date: One evening during works, Port Huron, MI: the first week in July. The exact dates (i) Location: All waters of the Black and times for this event will be deter- River within a 300-yard radius of the mined annually. fireworks barge located at position (46) Trenton Fireworks, Trenton, MI: ° ′ ° ′ 42 58 N, 082 25 W. (NAD 83). This posi- (i) Location: All waters of the Detroit tion is located 300 yards east of 223 River within a 300-yard radius of the Huron Ave., Black River. fireworks barge located at position (ii) Expected date: One evening during 42°09′ N, 083°10′ W. (NAD 83). This posi- the first week in July. The exact dates tion is located 200 yards east of Tren- and times for this event will be deter- ton in the Trenton Channel near Tren- mined annually. ton, MI. (42) Grosse Point Yacht Club 4th of (ii) Expected date: One evening during July Fireworks, Grosse Point Shores, the first week in July. The exact dates MI: and times for this event will be deter- (i) Location: All waters of Lake St. mined annually. Clair within a 300-yard radius of the fireworks barge located at position (47) Belle Maer Harbor 4th of July 42°25′ N, 082°52′ W. (NAD 83). This posi- Fireworks, Harrison Township, MI: tion is located 400 yards east of the (i) Location: All waters of Lake St. Grosse Point Yacht Club seawall, Lake Clair within a 300-yard radius of the St. Clair. fireworks barge located at position (ii) Expected date: One evening during 42°36′ N, 082°47′ W. (NAD 83). This posi- the first week in July. The exact dates tion is located 400 yards east of Belle and times for this event will be deter- Maer Harbor, Lake St. Clair. mined annually. (ii) Expected date: One evening during (43) Lexington Independence Festival the first week in July. The exact dates Fireworks, Lexington, MI: and times for this event will be deter- (i) Location: All waters of Lake Huron mined annually. within a 300-yard radius of the fire- (48) Tawas City 4th of July Fire- works barge located at position 43°13′ works, Tawas, MI:

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(i) Location: All waters of Lake Huron (ii) Expected date: One evening during within a 300-yard radius of the fire- the last week in June. The exact dates works launch site located at position and times for this event will be deter- 44°13′ N, 083°30′ W. (NAD 83). This posi- mined annually. tion is located off the Tawas City Pier. (52) Sigma Gamma Association Fire- (ii) Expected date: One evening during works, Grosse Pointe Farms, MI: the first week in July. The exact dates (i) Location: All waters of Lake St. and times for this event will be deter- Clair, within a 300-yard radius of the mined annually. fireworks launch site located at posi- (49) Venetian Festival Boat Parade tion 42°27′ N, 082°52′ W (NAD 83) This and Fireworks, St. Clair Shores, MI: position is located in the vicinity of (i) Location: All waters of Lake St. Ford’s Cove. Clair within a 300-yard radius of the (ii) Expected date: One evening during fireworks barge located at position the last week in June. The exact dates 42°28′ N, 082°52′ W. (NAD 83). This posi- and times for this event will be deter- tion is located 600 yards off Jefferson mined annually. Beach Marina, Lake St, Clair. (53) Southside Summer Fireworks, (ii) Expected date: One evening during Port Huron, MI: the second week in August. The exact (i) Location: All waters of St. Clair dates and times for this event will be River within a 300 yard radius of posi- ° ′ ″ ° ′ ″ determined annually. tion 42 57 55 N, 082 25 20 W. This position is located on the shore of the St. (50) Celebrate America Fireworks, Clair River in the vicinity of Oak and Grosse Pointe Farms, MI: 3rd Street, Port Huron, MI. All geo- (i) Location: All waters of Lake St. graphic coordinates are North Amer- Clair within a 500-foot radius of the ican Datum of 1983 (NAD 83). fireworks launch site located at posi- (ii) Expected date: One evening during tion 42°22′58″ N, 082°53′46″ W. (NAD 83). the last week in June. The exact dates This area is located southeast of the and times for this event will be deter- Grosse Point Yacht Club. mined annually. (ii) Expected date: One evening during (54) Bay City Fireworks Festival, Bay the third week in June. The exact City, MI: dates and times for this event will be (i) Location: All waters of the Sagi- determined annually. naw River near Bay City, MI, from the (51) Target Fireworks, Detroit, MI: Veteran’s Memorial Bridge, located at (i) Location: The following three position 43°35.8′ N; 083°53.6′ W, south ap- areas are safety zones: proximately 1000 yards to the River (A) The first safety zone area will en- Walk Pier, located at position 43°35.3′ compass all waters of the Detroit River N; 083°53.8′ W. All geographic coordi- bounded by the arc of a circle with a nates are North American Datum of 900-foot radius with its center in posi- 1983 (NAD 83). tion 42°19′23″ N, 083°04′34″ W. (ii) Expected date: Three evenings dur- (B) The second safety zone area will ing the first week in July. The exact encompass a portion of the Detroit dates and times for this event will be River bounded on the South by the determined annually. International Boundary line, on the (55) Toledo 4th of July Fireworks, To- West by 083°03′30″ W, on the North by ledo, OH: the City of Detroit shoreline and on (i) Location: All waters of the the East by 083°01′15″ W. Maumee River within a 300-yard radius (C) The third safety zone will encom- of the fireworks launch site located at pass a portion of the Detroit River position 41°38′35″ N, 083°31′54″ W. All ge- bounded on the South by the Inter- ographic coordinates are North Amer- national Boundary line, on the West by ican Datum of 1983 (NAD 83). the Ambassador Bridge, on the North (ii) Expected date: One evening during by the City of Detroit shoreline, and on the first week in July. The exact dates the East by the downstream end of and times for this event will be deter- Belle Isle. The Captain of the Port De- mined annually. troit has determined that vessels below (56) Toledo Labor Day Fireworks, To- 65 feet in length may enter this zone. ledo, OH:

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(i) Location: All waters of the (d) Exemption. Public vessels, as de- Maumee River within a 300-yard radius fined in paragraph (b) of this section, of the fireworks launch site located at are exempt from the requirements in position 41°38′35″ N, 083°31′54″ W. All ge- this section. ographic coordinates are North Amer- (e) Waiver. For any vessel, the Cap- ican Datum of 1983 (NAD 83). tain of the Port Detroit or his des- (ii) Expected date: One evening during ignated representative may waive any the first week in September. The exact of the requirements of this section, dates and times for this event will be upon finding that operational condi- determined annually. tions or other circumstances are such (b) Definitions. The following defini- that application of this section is un- tions apply to this section: necessary or impractical for the pur- (1) Designated Representative means poses of public or environmental safe- any Coast Guard commissioned, war- ty. rant, or petty officer designated by the (f) Notification. The Captain of the Captain of the Port Detroit to monitor Port Detroit will notify the public that a safety zone, permit entry into the the safety zones in this section are or zone, give legally enforceable orders to will be enforced by all appropriate persons or vessels within the zones, and means to the affected segments of the take other actions authorized by the public including publication in the Captain of the Port. FEDERAL REGISTER as practicable, in (2) Public vessel means vessels accordance with 33 CFR 165.7(a). Such owned, chartered, or operated by the means of notification may also include, United States, or by a State or polit- but are not limited to Broadcast Notice ical subdivision thereof. to Mariners or Local Notice to Mari- (c) Regulations. (1) In accordance with ners. The Captain of the Port will issue the general regulations in § 165.23 of a Broadcast Notice to Mariners noti- this part, entry into, transiting, or an- fying the public when enforcement of choring within this safety zone is pro- the safety zone established by this sec- hibited unless authorized by the Cap- tion is cancelled. tain of the Port Detroit, or his designated representative. [USCG–2008–0218, 73 FR 46197, Aug. 8, 2008, as (2)(i) These safety zones are closed to amended by USCG–2010–0126, 75 FR 32668, all vessel traffic, except as may be per- June 9, 2010] mitted by the Captain of the Port De- troit or his designated representative. TENTH COAST GUARD DISTRICT (ii) All persons and vessels must comply with the instructions of the Coast § 165.T10–0693 Regulated Navigation Area; Greenville Bridge Demolition, Guard Captain of the Port or his des- Lower Mississippi River, Mile 531.3. ignated representative. (iii) Upon being hailed by the U.S. (a) Regulated Navigation Area. The fol- Coast Guard by siren, radio, flashing lowing is a regulated navigation area light or other means, the operator of a (RNA): All waters of the Lower Mis- vessel shall proceed as directed. sissippi River beginning at mile 528 and (3)(i) All vessels must obtain permis- ending at mile 535 extending the entire sion from the Captain of the Port or width of the waterway. his designated representative to enter, (b) Applicability. This section applies move within, or exit the safety zone es- to all vessels and craft operating on tablished in this section when this the waters of the Mississippi in or near safety zone is enforced. the RNA or approaching the RNA with (ii) Vessels and persons granted per- intentions of transiting the RNA. mission to enter the safety zone must (c) Effective dates. This rule is effec- obey all lawful orders or directions of tive in the CFR from November 2, 2010 the Captain of the Port or a designated through November 1, 2012. This rule is representative. effective with actual notice for pur- (iii) While within a safety zone, all poses of enforcement from October 22, vessels must operate at the minimum 2010 through November 1, 2012. speed necessary to maintain a safe (d) Definitions. As used in this sec- course. tion:

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COTP means Captain of the Port, (7) Before entering the RNA, Lower Mississippi River; downbound vessels shall make a broad- Closure means any time this RNA is cast in the blind on VHF–FM channel enforced and normal traffic is halted 13 announcing their estimated time of from proceeding in or through the RNA arrival at the upriver start of the RNA due to operations that could pose po- at mile 535 to ensure that there are no tential safety hazards involved in the upbound vessels within the RNA and in demolition of the Greenville Bridge; sufficient time that: Demolition means the removal, stag- (i) If there are vessels in the RNA the ing or preparation thereof, of any part downbound vessel shall adjust its speed of the old Greenville Bridge, Lower so as to avoid a meeting situation in Mississippi River, Mile 531.3; the RNA. Designated representative includes any (ii) If the RNA is temporarily closed commissioned, warrant, or petty offi- to vessel traffic the downbound vessel cer of the U.S. Coast Guard designated can take all way off and hold station or by the COTP Lower Mississippi to au- push in upriver of mile 535. thorize entry into the RNA; (iii) The site representative can pass Downbound means the vessel is trav- any pertinent information that would eling with the current; aid the vessel in the safe transit of the Site representative means the person demolition site. If the Commander, so designated by the demolition con- Eighth Coast Guard District deter- tractor (Granite Construction Com- mines that hazardous conditions exist, pany) or the bridge owner (Mississippi a towboat (tug) shall be provided by Department of Transportation) whose the contractor or bridge owner to as- responsibility it is to inform vessels in sist vessels through the bridge on de- the vicinity of the demolition work of mand; and any possible hazards or encroachments (8) Before entering the RNA, upbound to the waterway; vessels shall make a broadcast in the Upbound means the vessel is trav- blind on VHF–FM channel 13 announc- eling against the current; and ing their estimated time of arrival at Vessel or craft means any waterborne the downriver start of the RNA at mile manmade object designed to convey 528 to ensure that there are no people or goods. downbound vessels within the RNA and (e) Regulations. During closure, in ac- in sufficient time that: cordance with the general regulations (i) If there are vessels in the RNA the in § 165.23 of this part: upbound vessel shall adjust its speed so (1) Entry into this zone by vessels or as to avoid a meeting situation in the mariners is prohibited unless author- RNA. ized by the COTP Lower Mississippi (ii) If the RNA is temporarily closed River or a designated representative. to vessel traffic the upbound vessel can They may be contacted on VHF–FM take all way off and hold station or channel 16 or by telephone at (866) 777– push in downriver of mile 528. 2784; (iii) The site representative can pass (2) All persons and vessels shall com- any pertinent information that would ply with the instructions of the COTP aid the vessel in the safe transit of the Lower Mississippi River and designated demolition site. If the Commander, representatives; Eighth Coast Guard District deter- (3) Minimum safe speed will be re- mines that hazardous conditions exist, quired of all vessels transiting the a towboat (tug) shall be provided by RNA; the contractor or bridge owner to as- (4) Vessels shall not meet or pass in sist vessels through the bridge on de- the RNA; mand. (5) No vessel shall anchor, stop, re- (f) Informational broadcasts. The Cap- main or drift without power at any tain of the Port, Lower Mississippi time in the RNA; River will inform the public as soon as (6) All vessels shall continually mon- practical when closures are expected itor VHF–FM channel 13 on their radio- via Broadcast Notice to Mariners. No- telephone while operating in, near, or tice for any closure that will last approaching the RNA; longer than 4 hours will be given a

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minimum of 7 days before the sched- (d) Regulations. (1) In accordance with uled closure, unless an emergent situa- general regulations in 33 CFR Part 165, tion exists. Notice for any closure that Subpart C, entry into, transit through will last longer than 2 hours but less or anchoring within this safety zone is than 4 hours will be given at least 72 prohibited unless authorized by the hours before the closure. Broadcast No- Captain of the Port of San Diego or his tice to Mariners will be broadcast designated representative. every two hours while the RNA is (2) Mariners requesting permission to closed to traffic. Additionally, a sched- transit through the safety zone may re- ule of known closures will be published quest authorization to do so from the in the Eighth District Local Notice to Sector San Diego Command Center. Mariners and at http://homeport.uscg.mil. The Command Center may be con- Select ‘‘LOWER MISSISSIPPI RIVER tacted on VHF–FM Channel 16. (MEMPHIS)’’ under the Port Directory (3) All persons and vessels shall com- tab. The schedule will appear under the ply with the instructions of the Coast Notice to Mariners subcategory. Guard Captain of the Port or his designated representative. EFFECTIVE DATE NOTE: By USCG–2010–0693, 75 FR 67219, Nov. 2, 2010, temporary § 165.T10– (4) Upon being hailed by U.S. Coast 0693 was added, effective Nov. 2, 2010 through Guard patrol personnel by siren, radio, Nov. 1, 2012. flashing light, or other means, the operator of a vessel shall proceed as di- ELEVENTH COAST GUARD DISTRICT rected. (5) The Coast Guard may be assisted § 165.T11–405 Safety zone; Sea World by other federal, state, or local agen- Fireworks; Mission Bay, San Diego, cies. CA. (a) Location. The safety zone will in- EFFECTIVE DATE NOTE: By USCG–2011–0201, 76 FR 22814, April 25, 2011, temporary clude the area within 600 feet of the § 165.T11–405 was added, effective from Apr. fireworks barge in approximate posi- 25, 2011 through Dec. 31, 2011. tion 32°46′03″ N, 117°13′11″ W. (b) Enforcement period. This section § 165.T11–0511 Safety Zone; Missouri will only be enforced from 8:45 p.m. to River from the border between 10:15 p.m. on evenings with a fireworks Montana and North Dakota. show. Fireworks shows are currently (a) Location. The following area is a scheduled for the following dates in temporary safety zone: Waters of the 2011: April 2, 9, 16 and 23, May 28, 29 and Missouri River from the border be- 30, June 4 and 5, 11 and 12, nightly from tween Montana and North Dakota at June 16 through August 21, August 26, 104.05 degrees west longitude to the 27, and 28, September 3, 4, and 5, No- confluence with the Mississippi River vember 18, December 9 and 31. If this at 90.11 degrees West longitude and ex- schedule changes the Coast Guard will tending the entire width of the river. announce that fact via Broadcast No- (b) Effective date. From June 2, 2011 tice to Mariners no less than 24 hours through August 30, 2011, unless termi- before the event. If the event concludes nated earlier. prior to the scheduled termination (c) Periods of enforcement. This rule time, the Captain of the Port will cease will be enforced during dangerous enforcement of this safety zone and flooding conditions occurring between will announce that fact via Broadcast 12:01 a.m. CDT June 2, 2011 and 11:59 Notice to Mariners. p.m. CDT August 30, 2011. The Captain (c) Definitions. The following defini- of the Port Sector Upper Mississippi tion applies to this section: designated River will inform the public through representative means any commis- broadcast notice to mariners and/or sioned, warrant, or petty officer of the marine safety information bulletins Coast Guard on board Coast Guard, when enforcement is implemented and Coast Guard Auxiliary, local, state, or of any changes to safety zone. Vessels federal law enforcement vessels who within the safety zone will be allowed have been authorized to act on the be- to safely exit the area upon enforce- half of the Captain of the Port. ment of this safety zone.

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(d) Regulations. (1) In accordance with (d) Regulations. (1) In accordance with the general regulations in 33 CFR part the general regulations in 33 CFR part 165, subpart C, operation in this zone is 165, subpart C, operation in this zone is restricted unless authorized by the restricted unless authorized by the Captain of the Port Sector Upper Mis- Captain of the Port Sector Upper Mis- sissippi River or a designated rep- sissippi River or a designated representative. resentative. (2) Vessels requiring entry into or (2) Vessels requiring entry into or passage through the Safety Zone must passage through the Safety Zone must request permission from the Captain of request permission from the Captain of the Port Sector Upper Mississippi the Port Sector Upper Mississippi River, or a designated representative. River, or a designated representative. They may be contacted on VHF Chan- They may be contacted on VHF Chan- nel 13 or 16, or by telephone at 314–269– nel 13 or 16, or by telephone at 314–269– 2332. 2332. (3) All persons and vessels shall com- (3) All persons and vessels shall comply with the instructions of the Cap- ply with the instructions of the Cap- tain of the Port Sector Upper Mis- tain of the Port Sector Upper Mis- sissippi River or their designated rep- sissippi River or their designated representative. Designated Captain of the resentative. Designated Captain of the Port representatives include United Port representatives includes United States Coast Guard commissioned, States Coast Guard commissioned, warrant, and petty officers of the U.S. warrant, and petty officers of the U.S. Coast Guard. Coast Guard.

EFFECTIVE DATE NOTE: By USCG–2011–0511, EDITORIAL NOTE: By USCG–2011–0528, 76 FR 76 FR 37649, June 28, 2011, temporary 38015, June 29, 2011, temporary § 165.T11–0511 § 165.T11–0511 was added, effective from June was added, effective June 29, 2011 until Aug. 28, 2011 until 11:59 p.m. CDT Aug. 30, 2011. 30, 2011. This temporary section has the same section number as an existing temporary § 165.T11–0511 Safety Zone; Big Sioux section added by USCG–2011–0511, 76 FR 37649, River from the Military Road June 28, 2011. Bridge North Sioux City to the confluence of the Missouri River, SD. EFFECTIVE DATE NOTE: By USCG–2011–0528, 76 FR 38015, June 29, 2011, temporary (a) Location. The following area is a § 165.T11–0511 was added, effective from June safety zone: All waters of the Big Sioux 29, 2011 until 11:59 p.m. CDT Aug. 30, 2011. River from the Military Road Bridge, North Sioux City, SD at 42.52 degrees § 165.1101 Security Zone: San Diego North, 096.48 West longitude to the con- Bay, CA. fluence of the Missouri River at 42.49 (a) Location. The following area is a degrees North, 096.45 degrees West lon- security zone: the water area within gitude and extending the entire width Naval Station, San Diego enclosed by of the river. the following points: Beginning at (b) Effective date. June 7, 2011 through 32°41′16.5″ N, 117°08′01″ W (Point A); August 30, 2011, unless terminated ear- thence running southwesterly to lier. 32°40′58.3″ N, 117°08′11.0″ W (Point B); to (c) Periods of enforcement. This rule 32°40′36.0″ N 117°07′49.1″ W (Point C); to will be enforced during dangerous 32°40′17.0′ N, 117°07′34.6″ W (Point D); to flooding conditions occurring between 32°39′36.4″ N, 117°07′24.8″ W (Point E); to 12:01 a.m. CDT June 7, 2011 and 11:59 32°39′38.5″ N 117°07′06.5″ W, (Point F); p.m. CDT August 30, 2011. The Captain thence running generally northwest- of the Port Sector Upper Mississippi erly along the shoreline of the Naval River will inform the public through Station to the place of the beginning. broadcast notice to mariners and/or All coordinates referenced use datum: marine safety information bulletins NAD 1983. when enforcement is implemented and (b) Regulations. (1) In accordance with of any changes to the safety zone. Ves- the general regulations in § 165.33 of sels within the safety zone will be al- this part, entry into the area of this lowed to safely exit the area upon en- zone is prohibited unless authorized by forcement of this safety zone. the Captain of the Port San Diego;

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Commander, Naval Base San Diego; manding Officer, Naval Base Point Commander, Navy Region Southwest; Loma or the Commander, Navy Region or the Commanding Officer, Naval Sta- Southwest by calling the Navy Port tion, San Diego. Operation Dispatch at telephone num- (2) Persons desiring to transit the ber (619) 556–1433 or on VHF–FM chan- area of the security zone may contact nels 16 or 12. If permission is granted, the Captain of the Port at telephone all persons and vessels must comply number 619–683–6495 or on VHF channel with the instructions of the Captain of 16 (156.8 MHz) to seek permission to the Port San Diego or his or her des- transit the area. If permission is grant- ignated representative. ed, all persons and vessels must comply (c) Definitions. For purposes of this with the instructions of the Captain of section: Captain of the Port San Diego, the Port or his or her designated rep- means the Commanding Officer of the resentative. Coast Guard Sector San Diego; Com- (c) Authority. In addition to 33 U.S.C. mander, Navy Region Southwest, means 1231 and 50 U.S.C. 191, the authority for Navy Region Commander responsible this section includes 33 U.S.C. 1226. for the Southwest Region; Commanding (d) Enforcement. The U.S. Coast Officer, Naval Base Point Loma, means Guard may be assisted in the patrol the Installation Commander of the and enforcement of this security zone naval base located on Point Loma, San by the U.S. Navy. Diego, California; Designated Represent- ative, means any U.S. Coast Guard [COTP San Diego 04–019, 70 FR 2021, Jan. 12, commissioned, warrant, or petty offi- 2005] cer who has been designated by the § 165.1102 Security Zone; Naval Base Captain of the Port San Diego to assist Point Loma; San Diego Bay, San in the enforcement of the security zone Diego, CA. described in paragraph (a) of this section. (a) Location. The following area is a (d) Enforcement. The U.S. Coast security zone: The water adjacent to Guard may be assisted in the patrol the Naval Base Point Loma, San Diego, and enforcement of the security zone CA, enclosed by the following coordi- described in paragraph (a) of this sec- nates: tion by the U.S. Navy and local law en- 32°42.48′ N, 117°14.22′ W (Point A); forcement agencies. 32°42.48′ N, 117°14.21′ W (Point B); 32°42.17′ N, 117°14.05′ W (Point C); [USCG–2008–1016, 74 FR 50708, Oct. 1, 2009] 32°41.73′ N, 117°14.21′ W (Point D); 32°41.53′ N, 117°14.23′ W (Point E); § 165.1104 Security Zone: San Diego 32°41.55′ N, 117°14.02′ W (Point F); Bay, CA. 32°41.17′ N, 117°13.95′ W (Point G); (a) Location. The following area is a 32°41.17′ N, 117°13.97′ W (Point H); security zone: on the waters along the thence running generally north along the northern shoreline of Naval Base Coro- shoreline to Point A. nado, the area enclosed by the fol- (b) Regulations. (1) The general regu- lowing points: Beginning at 32°42′53.0″ lations governing security zones found N, 117°11′45.0 W (Point A); thence run- in 33 CFR 165.33 apply to the security ning northerly to 32°42′55.5″ N, zone described in paragraph (a) of this 117°11′45.0″ W, (Point B); thence running section. easterly to 32°42′57.0″ N, 117°11′31.0″ W, (2) Entry into, or remaining in, the (Point C); thence southeasterly to area of this zone is prohibited unless 32°42′42.0″ N, 117°11′04.0″ W (Point D); authorized by the Captain of the Port thence southeasterly to 32°42′21.0″ N, San Diego; Commanding Officer, Naval 117°10′47.0″ W (Point E) thence running Base Point Loma; or Commander, Navy southerly to 32°42′13.0″ N, 117°10′51.0″ W Region Southwest. (Point F); thence running generally (3) Persons desiring to transit the northwesterly along the shoreline of area of the security zone may request Naval Base Coronado to the place of be- permission from the Captain of the ginning. All coordinates referenced use Port San Diego at telephone number datum: NAD 1983. (619) 278–7033 or on VHF channel 16 (b) Regulations. (1) In accordance with (156.8 MHz) or from either the Com- the general regulations in Sec. 165.33 of

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this part, entry into the area of this North Island. Section 165.33 also con- zone is prohibited unless authorized by tains other general requirements. the Captain of the Port San Diego; [COTP San Diego Reg. 85–11, 51 FR 3776, Jan. Commander, Naval Base Coronado, or 30, 1986, as amended at 52 FR 8893, Mar. 20, Commander, Navy Region Southwest. 1987. Redesignated by USCG–2001–9286, 66 FR (2) Persons desiring to transit the 33642, June 25, 2001] area of the security zone may contact § 165.1106 San Diego Bay, California— the Captain of the Port at telephone safety zone. number 619–683–6495 or on VHF channel (a) The waters of San Diego Bay en- 16 (156.8 MHz) to seek permission to closed by the following boundaries are transit the area. If permission is grant- a safety zone: ed, all persons and vessels must comply From a point located on the bound- with the instructions of the Captain of ary of Coast Guard Air Station San the Port or his or her designated rep- Diego, California at latitude 32°43′37.2″ resentative. N, longitude 117°10′45.0″ W (point A), for (c) Authority. In addition to 33 U.S.C. a point of beginning; thence southeast- 1231 and 50 U.S.C. 191, the authority for erly to latitude 32°43′36.2″ N, longitude this section includes 33 U.S.C. 1226. 117°10′41.5″ W (point B); thence south- (d) Enforcement. The U.S. Coast westerly to latitude 32°43′20.2″ N, lon- Guard may be assisted in the patrol gitude 117°10′49.5″ W (point C); thence and enforcement of this security zone northwesterly to latitude 32°43′25.7″ N, by the U.S. Navy. longitude 117°11′04.6″ W (point D); thence northeasterly to latitude [COTP San Diego, 68 FR 25290, May 12, 2003] 32°43′35.7″ N, longitude 117°10′59.5″ W (point E); thence generally easterly § 165.1105 Security Zone: San Diego along the air station boundary to the Bay, California. point of beginning (point A). (a) Location. (1) The following area is (b)(1) In accordance with the general a security zone: The water area adja- regulations in § 165.23 of this part, cent to Naval Air Station North Island, entry into the area of this zone is pro- Coronado, California, and within 100 hibited unless authorized by the Cap- yards (91 meters) of Bravo Pier, and tain of the Port, except as provided for vessels moored thereto, bounded by the below. following points (when no vessel is (2) Vessels may transit the area of this safety zone without permission, moored at the pier): ° ′ ″ but may not anchor, stop, remain with- (i) Latitude 32 41 53.0 N, Longitude in the zone, or approach within 100 ° ′ ″ 117 13 33.6 W; yards (92 meters) of the land area of (ii) Latitude 32°41′53.0″ N, Longitude Coast Guard Air Station San Diego or 117°13′40.6″ W; structures attached thereto. (iii) Latitude 32°41′34.0″ N, Longitude ° ′ ″ [CGD 85–034, 50 FR 14703, Apr. 15, 1985 and 117 13 40.6 W; COTP San Diego Reg. 85–06, 50 FR 38003, (iv) Latitude 32°41′34.0″ N, Longitude Sept. 19, 1985. Redesignated by USCG–2001– 117°13′34.1″ W. 9286, 66 FR 33642, June 25, 2001] (2) Because the area of this security zone is measured from the pier and § 165.1107 San Diego Bay, California. from vessels moored thereto, the ac- (a) Location. The area encompassed tual area of this security zone will be by the following geographic coordi- larger when a vessel is moored at nates is a regulated navigation area: Bravo Pier. 32°41′24.6″ N 117°14′21.9″ W ° ′ ″ ° ′ ″ (b) Regulations. In accordance with 32 41 34.2 N 117 13 58.5 W 32°41′34.2″ N 117°13′37.2″ W the general regulations in § 165.33 of Thence south along the shoreline to this part, entry into the area of this 32°41′11.2″ N 117°13′31.3″ W zone is prohibited unless authorized by 32°41′11.2″ N 117°13′58.5″ W the Captain of the Port or the Com- Thence north along the shoreline to the manding Officer, Naval Air Station point of origin. Datum: NAD 1983.

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(b) Regulations. (1) During submarine MHz) to seek permission to transit the docking/undocking operations at the area. If permission is granted, all per- U.S. Naval Submarine Base on Ballast sons and vessels must comply with the Point, San Diego Bay, California, mari- instructions of the Captain of the Port ners transiting within the regulated or his or her designated representative. navigation area shall proceed at a (d) Authority. In addition to 33 U.S.C. speed that generates no wake from 1231 and 50 U.S.C. 191, the authority for their vessel. this section includes 33 U.S.C. 1226. (2) The Coast Guard will issue a (e) Enforcement. The U.S. Coast Guard Broadcast Notice to Mariners, and if may be assisted in the patrol and en- time permits a Local Notice to Mari- forcement of the security zones by the ners, to inform the maritime commu- San Diego Harbor Police. nity of the dates and times of the sub- [COTP San Diego 02–026, 68 FR 1008, Jan. 8, marine docking/undocking operations 2003, as amended by USCG–2011–0038, 76 FR covered by paragraph (b)(1). 15218, Mar. 21, 2011] (3) The master and/or operator of a vessel within the regulated navigation § 165.1110 Security Zone: Coronado area shall comply with any other or- Bay Bridge, San Diego, CA. ders or directions issued by the Coast (a) Location. All navigable waters of Guard as required for the safety of the San Diego Bay, from the surface to the submarine docking/undocking oper- sea floor, within 25 yards of all piers, ations covered by paragraph (b)(1). abutments, fenders and pilings of the Coronado Bay Bridge. These security [CGD11–90–07, 56 FR 14645, Apr. 11, 1991; 56 FR zones will not restrict the main naviga- 40360, Aug. 14, 1991, as amended by USCG– 1998–3799, 63 FR 35533, June 30, 1998. Redesig- tional channel nor will it restrict ves- nated by USCG–2001–9286, 66 FR 33642, June sels from transiting through the chan- 25, 2001] nel. (b) Regulations. (1) Under § 165.33, § 165.1108 Security Zones; Cruise entry into, transit through, loitering, Ships, Port of San Diego, California. or anchoring within any of these secu- (a) Definition. ‘‘Cruise ship’’ as used rity zones by all persons and vessels is in this section means a passenger ves- prohibited, unless authorized by the sel, except for a ferry, 100 gross tons or Captain of the Port, or his designated more, authorized to carry more than 12 representative. Mariners seeking per- passengers for hire; capable of making mission to transit through a security international voyages lasting more zone may request authorization to do than 24 hours, any part of which is on so from Captain of the Port or his des- the high seas; and for which passengers ignated representative. The Coast are embarked, disembarked or at a port Guard can be contacted on San Diego of call in the San Diego port. Bay via VHF-FM channel 16. (b) Location. The following areas are (2) Vessels may enter a security zone security zones: All navigable waters, if it is necessary for safe navigation extending from the surface to the sea and circumstances do not allow suffi- floor, within a 100-yard radius around cient time to obtain permission from any cruise ship that is located within the Captain of the Port. the San Diego port area landward of [COTP San Diego 04–015, 69 FR 43915, July 23, the sea buoys bounding the Port of San 2004] Diego. (c) Regulations. Under regulations in § 165.1120 Security Zone; Naval Am- 33 CFR part 165, subpart D, a person or phibious Base, San Diego, CA. vessel may not enter into or remain in (a) Location. The following area is a the security zones created by this sec- security zone: the waters of San Diego tion unless authorized by the Coast Bay, enclosed by lines connecting the Guard Captain of the Port, San Diego following points: Beginning at (COTP) or a COTP designated rep- 32°40′30.0″ N, 117°10′03.0″ W (Point A); resentative. Persons desiring to transit thence running northeasterly to these security zones may contact the 32°40′54.0″ N, 117°09′35.5″ W (Point B); COTP at telephone number (619) 278– thence running northeasterly to 7033 or on VHF–FM channel 16 (156.8 32°40′55.0″ N, 117°09′27.0″ W (Point C);

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thence running southeasterly to COLREGS Demarcation Line means 32°40′43.0″ N, 117°09′09.0″ W (Point D); the line described at 33 CFR 80.1104 or thence running southerly to 32°40′39.0″ 80.1106. N, 117°09′08.0″ (Point E); thence running Public vessel means a vessel that is southwesterly to 32°40′30.0″ N, owned or demise—(bareboat) chartered 117°09′12.9″ W (Point F); thence running by the government of the United a short distance to 32°40′29.0″ N, States, by a State or local government, 117°09′14.0″ W (Point G); thence running or by the government of a foreign southwesterly to 32°40′26.0″ N, country and that is not engaged in 117°09′17.0″ W (Point H); thence running commercial service. northwesterly to the shoreline to 32°40′ Vessel means every description of 31.0″ N, 117°09′ 22.5″ W (Point I), thence watercraft or other artificial contriv- running along the shoreline to the be- ance used, or capable of being used, as ginning point. a means of transportation on water other than a public vessel. (b) Regulations. In accordance with (c) Applicability. This section applies the general regulations in § 165.33 of to all vessels of 100 gross tons (GT) or this part, entry into the area of this more, including tug and barge com- zone is prohibited unless authorized by binations of 100 GT or more (com- the Captain of the Port or the Com- bined), operating within the RNA, with mander, Navy Region Southwest. the exception of public vessels, vessels (c) Enforcement. The U.S. Coast Guard not intending to cross the COLREGS may be assisted in the patrol and en- Demarcation Line and enter San Diego forcement of this security zone by the Bay or Mission Bay, and any vessels U.S. Navy. exercising rights under principles of [CGD11–01–011, 67 FR 4661, Jan. 31, 2002] international law, including innocent passage or force majeure, within the § 165.1121 [Reserved] area of this RNA. Vessels operating properly installed, operational, type § 165.1122 San Diego Bay, Mission Bay approved automatic identification sys- and their Approaches—Regulated tem (AIS) as denoted in 33 CFR 164.46 navigation area. are exempted from making requests as (a) Regulated navigation area. The fol- required in this regulation. lowing area is a regulated navigation (d) Regulations. (1) No vessel to which area (RNA): All waters of San Diego this rule applies may enter, depart or move within San Diego Bay or Mission Bay, Mission Bay, and their approaches Bay unless it complies with the fol- encompassed by a line commencing at lowing requirements: Point La Jolla (32°51′06″ N, 117°16′42″ W); (i) Obtain permission to enter San thence proceeding seaward on a line Diego Bay or Mission Bay from the bearing 255° T to the outermost extent Captain of the Port or designated rep- of the territorial seas; thence pro- resentative immediately upon entering ceeding southerly along the outermost the RNA. However, to avoid potential extent of the territorial seas to the delays, we recommend seeking permis- intersection of the maritime boundary sion 30 minutes prior to entering the with Mexico; thence proceeding eas- RNA. terly, along the maritime boundary (ii) Follow all instructions issued by with Mexico to its intersection with the Captain of the Port or designated the California coast; thence proceeding representative. northerly, along the shoreline of the (iii) Obtain permission for any depar- California coast—and including the in- ture from or movement within the land waters of San Diego Bay and Mis- RNA from the Captain of the Port or sion Bay, California, shoreward of the designated representative prior to get- COLREGS Demarcation Line —back to ting underway. the point of origin. All coordinates ref- (iv) Follow all instructions issued by erence 1983 North American Datum the Captain of the Port or designated (NAD 83). representative. (b) Definitions. As used in this sec- (v) Requests may be made by tele- tion— phone at 619–278–7033 (select option 2)

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or via VHF-FM radiotelephone on California. Section 165.33 also contains channel 16 (156.800 Mhz). The call sign other general requirements. for radiotelephone requests to the Cap- [COTP San Diego Reg. 87–04, 52 FR 18230, tain of the Port or designated rep- May 14, 1987. Redesignated by USCG–2001– resentative is ‘‘Coast Guard Sector San 9286, 66 FR 33642, June 25, 2001] Diego.’’ (2) For purposes of the requirements § 165.1141 Safety Zone; San Clemente 3 in paragraph (d)(1) of this section, the NM Safety Zone, San Clemente Is- Captain of the Port or designated rep- land, CA. resentative means any official des- (a) Location. The following area is a ignated by the Captain of the Port, in- safety zone: All waters of the Pacific cluding but not limited to commis- Ocean surrounding San Clemente Is- sioned, warrant, and petty officers of land, from surface to bottom, extend- the U.S. Coast Guard, and any U.S. ing from the high tide line on the is- Coast Guard patrol vessel. Upon being land seaward 3 NM. The zone consists hailed by a U.S. Coast Guard vessel by of the following sections (see Figure 1): siren, radio, flashing light, or other means, the operator of a vessel shall (1) Section A proceed as directed. Beginning at 33°02.05′ N, 118°35.85′ W; (e) Waivers. The Captain of the Port thence to 33°04.93′ N, 118°37.07′ W; or designated representative may, upon thence running parallel to the shore at request, waive any regulation in this a distance of approximately 3 NM from section. the high tide line to 33°02.82′ N, ° ′ ° ′ ° ′ [CGD11–05–002, 70 FR 70495, November 22, 118 30.65 W; thence 33 01.29 N, 118 33.88 2005] W; thence along the shoreline returning to 33°02.05′ N, 118°35.85′ W. § 165.1131 Security Zone: Wilson Cove, San Clemente Island, California. (2) Section B (a) Location. The following area is a Beginning at 32°57.30′ N, 118°30.88′ W; security zone: The water area adjacent thence to 32°59.60′ N, 118°28.33′ W; to San Clemente Island, California thence running parallel to the shore at within 1.5 nautical miles (1.73 statute a distance of approximately 3 NM from miles, 2.8 kilometers) of the shoreline the high tide line to 32°55.83′ N, of San Clemente Island from Wilson 118°24.22′ W; thence to 32°53.53′ N, Cove North End Light (LLNR 2565) to 118°26.52′ W; thence along the shoreline Spruce Pier, approximately 4.1 nautical returning to 32°57.30′ N, 118°30.88′ W. miles (4.7 statute miles, 7.65 kilo- (3) Section C meters) southeast of Wilson Cove North End Light, described as follows: Beginning at 32°53.53′ N, 118°26.52′ W; Starting at a point on the shoreline thence to 32°55.83′ N, 118°24.22′ W; of San Clemente Island, California, in thence running parallel to the shore at position 33°01′25.0″ N, 118°33′43.0″ W, for a distance of approximately 3 NM from a place of beginning (point A), thence the high tide line to 32°47.27′ N, northeasterly to 33°02′11.0″ N, 118°18.23′ W; thence to 32°49.10′ N, 118°32′13.5″ W (point B), thence south- 118°21.05′ W; thence along the shoreline easterly to 32 °58′40.5″ N, 118°29′15.5″ W returning to 32°53.53′ N, 118°26.52′ W. (point C), thence southwesterly to 32°57′54.0″ N, 118°31′17.2″ W (point D), (4) Section D thence northwesterly along the shore- Beginning at 32°49.10′ N, 118°21.05′ W; line of San Clemente Island to the thence to 32°47.27′ N, 118°18.23′ W; place of beginning. thence running parallel to the shore at (b) Regulations. In accordance with a distance of approximately 3 NM from the general regulations in § 165.33 of the high tide line to 32°48.38′ N, this part, entry into the area of this 118°31.69′ W; thence to 32°50.70′ N, zone is prohibited unless authorized by 118°29.37′ W; thence along the shoreline the Captain of the Port, San Diego, returning to 32°49.10′ N, 118°21.05′ W.

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(5) Section E (7) Section G Beginning at 32°50.70′ N, 118°29.37′ W; Beginning at 33°01.08’ N, 118°36.333’ W; thence to 32°48.05′ N, 118°31.68′ W; thence to 32°59.95′ N, 118°39.77′ W; thence running parallel to the shore at thence running parallel to the shore at a distance of approximately 3 NM from a distance of approximately 3 NM from the high tide line to 32°53.62′ N, the high tide line to 33°04.93′ N, 118°35.93′ W; thence to 32°56.13′ N, 118°37.07′ W; thence to 33°02.05′ N, 118°32.95′ W; thence along the shoreline 118°35.85′ W; along the shoreline return- returning to 32°50.70′ N, 118°29.37′ W. ing to 33°01.08′ N, 118°36.33′ W.

(6) Section F (8) Wilson Cove Beginning at 32°56.13′ N, 118°32.95′ W; Beginning at 33°01.28′ N, 118°33.88′ W; thence to 32°53.62′ N, 118°35.93′ W; thence to 33°02.82′ N, 118°30.65′ W; thence running parallel to the shore at thence running parallel to the shore at a distance of approximately 3 NM from a distance of approximately 3 NM from the high tide line to 32°59.95′ N, the high tide line to 32°59.60’ N, 118°39.77′ W; thence to 33°01.08′ N, 118°28.33′ W; thence to 32°57.30′ N, 118°36.33′ W; thence along the shoreline 118°30.88′ W; thence along the shoreline returning to 32°56.13′ N, 118°32.95′ W. returning to 33°01.28′ N, 118°33.88′ W.

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(b) Definitions. The following defini- vessel operator must promptly notify tion applies to this section: designated the FACSFAC of safe passage through representative, means any commis- the safety zone. Failure to expedi- sioned, warrant, and petty officers of tiously notify FACSFAC of passage the Coast Guard on board Coast Guard, through the safety zone will result in a Coast Guard Auxiliary, and local, determination by the Navy that the state, and Federal law enforcement vessel is still in the safety zone, there- vessels who have been authorized to by restricting the use of the area for act on the behalf of the Captain of the naval operations. If the Navy deter- Port (COTP). mines that facilitating safe transit (c) Enforcement. (1) This regulation through the zone negatively impacts will be enforced at all times in Section range operations, the Navy will cease G and the Wilson Cove section of the this practice and enforce the safety safety zone described in paragraph (a) zones in these two areas without excep- of this section. Mariners must obtain tion. permission in accordance with the pro- (3) All persons and vessels must com- cedure described in paragraph (d)(2) of ply with the instructions of the U.S. this section before entering either of Navy, Coast Guard Captain of the Port those sections (paragraphs (a)(7) and or the designated representative. (8)). (4) Upon being hailed by U.S. Navy or (2) This regulation will be enforced in U.S. Coast Guard patrol personnel by Sections A through F of the safety siren, radio, flashing light, or other zone described in paragraphs (a)(1) means, the operator of a vessel must through (6) of this section except when proceed as directed. the Coast Guard notifies the public (5) The U.S. Coast Guard may be as- that enforcement of the zone in speci- sisted in the patrol and enforcement of fied sections is temporarily suspended. the safety zone described in paragraph Mariners need not obtain permission in (a) of this section by the U.S. Navy and accordance with the procedure de- local law enforcement agencies. scribed in paragraph (d)(2) of this sec- [USCG–2009–0277, 75 FR 28198, May 20, 2010] tion to enter a zone section in which enforcement is temporarily suspended. § 165.1151 Security Zones; liquefied At all other times, mariners must ob- hazardous gas tank vessels, San tain permission in accordance with the Pedro Bay, California. procedure described in paragraph (d)(2) (a) Definition. ‘‘Liquefied Hazardous before entering any of those sections. Gas’’ as used in this section means a (3) The COTP will provide notice of liquid containing one or more of the suspended enforcement by means ap- products listed in Table 127.005 of this propriate to effect the widest publicity, part that is carried in bulk on board a including broadcast notice to mariners, tank vessel as liquefied petroleum gas, publication in the local notice to mari- liquefied natural gas, or similar lique- ners, and posting the schedule of re- fied gas products. stricted access periods by date, loca- (b) Location. The following areas are tion and duration at http:// security zones: www.scisland.org. (1) All waters, extending from the (d) Regulations. (1) The general regu- surface to the sea floor, within a 500 lations governing safety zones found in yard radius around any liquefied haz- 33 CFR 165.23 apply to the safety zone ardous gas (LHG) tank vessel that is described in paragraph (a) of this sec- anchored at a designated anchorage ei- tion. ther inside the Federal breakwaters (2) Mariners requesting permission to bounding San Pedro Bay or outside at transit through any section of the zone designated anchorages within three may request authorization to do so nautical miles of the breakwater; from the Fleet Area Control and Sur- (2) The shore area and all waters, ex- veillance Facility (FACSFAC) San tending from the surface to the sea Diego by either calling 619–545–4742 or floor, within a 500 yard radius around establishing a VHF bridge to bridge any LHG tank vessel that is moored, or radio connection on Channel 16. Imme- in the process of mooring, at any berth diately upon completing transit, the within the Los Angeles or Long Beach

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port areas inside the Federal break- ments of this regulation when it is waters bounding San Pedro Bay; deemed necessary in the interests of (3) All waters, extending from the safety. surface to the sea floor, within 1000 (c) Location. (1) The San Pedro Bay yards ahead and 500 yards on each side Regulated Navigation Area (RNA) con- and astern of any LHG tank vessel that sists of the water area enclosed by the is underway either on the waters inside Los Angeles-Long Beach breakwater the Federal breakwaters bounding San and a line connecting Point Fermin Pedro Bay or on the waters within Light at 33°42.30′ N, 118°17.60′ W, with three nautical miles seaward of the the following geographical positions: Federal breakwaters. (c) Regulations. (1) In accordance with Latitude Longitude the general regulations in § 165.33 of 33°35.50′ N ...... 118°17.60′ W this part, entry into or remaining in 33°35.50′ N ...... 118°09.00′ W these zones is prohibited unless author- 33°37.70′ N ...... 118°06.50′ W ized by the Coast Guard Captain of the 33°43.40′ N ...... 118°10.80′ W Port Los Angeles-Long Beach, or his or her designated representative. (2) The San Pedro Bay RNA consists (2) Persons desiring to transit the of the following named sub-areas, de- area of the security zone may contact fined by lines connecting their respec- the Captain of the Port at telephone tive geographic coordinates: number (800) 221–USCG (8724) or on (i) The Los Angeles Pilot Area: VHF-FM channel 16 (156.8 MHz) to seek permission to transit the area. If per- Latitude Longitude mission is granted, all persons and ves- 33°42.50′ N ...... 118°15.10′ W sels shall comply with the instructions (Los Angeles Light) ° ′ ° ′ of the Captain of the Port or his or her 33 42.62 N ...... 118 14.70 W 33°41.30′ N ...... 118°13.50′ W designated representative. 33°40.85′ N ...... 118°14.90′ W (3) When any LHG tank vessels ap- 33°42.50′ N ...... 118°15.10′ W proach within 500 yards of a vessel that is moored or anchored, the stationary (ii) The Long Beach Pilot Area: vessel must stay moored or anchored while it remains within the LHG tank Latitude Longitude vessel’s security zone unless it is either 33°43.40′ N ...... 118°11.20′ W ordered by or given permission from (Long Beach Light) the Captain of the Port Los Angeles- 33°43.40′ N ...... 118°10.80′ W ° ′ ° ′ Long Beach to do otherwise. 33 41.50 N ...... 118 10.22 W 33°40.52′ N ...... 118°10.22′ W (d) Authority. In addition to 33 U.S.C. 33°40.52′ N ...... 118°11.82′ W 1231 and 50 U.S.C. 191, the authority for 33°41.50′ N ...... 118°11.82′ W this section includes 33 U.S.C. 1226. 33°43.40′ N ...... 118°11.20′ W (e) Enforcement. The U.S. Coast Guard may be assisted in the patrol and en- (iii) The Los Angeles Deep Water Traf- forcement of these security zones by fic Lane: the Los Angeles Port Police and the Long Beach Police Department. Latitude Longitude ° ′ ° ′ [COTP Los Angeles-Long Beach 02–005, 68 FR 33 42.47 N ...... 118 14.95 W 33°42.56′ N ...... 118°14.75′ W 13233, Mar. 19, 2003] 33°39.48′ N ...... 118°13.32′ W 33°39.42′ N ...... 118°13.55′ W § 165.1152 San Pedro Bay, California— 33°42.47′ N ...... 118°14.95′ W Regulated navigation area. (a) Applicability. This section applies (iv) The Long Beach Deep Water Traf- to all vessels unless otherwise specific Lane: fied. (Note: All geographic coordinates are defined using North American Latitude Longitude Datum 1983 (NAD 83)). 33°43.43′ N ...... 118°11.15′ W (b) Deviations. The Captain of the 33°43.39′ N ...... 118°10.90′ W Port of Los Angeles-Long Beach or his 33°41.51′ N ...... 118°10.71′ W ° ′ ° ′ or her designated representative may 33 41.50 N ...... 118 10.95 W 33°43.43′ N ...... 118°11.15′ W authorize a deviation from the require-

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(v) Los Angeles Deep Water Pilot Area: result in a meeting, crossing or over- A 0.5nm radius around 33°39.00′ N, taking situation. 118°13.19′ W. (4) Los Angeles Deep Water Pilot Area. (d) General regulations. The following When a vessel of 50 foot draft or great- regulations contained in paragraphs er is embarking or disembarking a (d)(1) through (d)(3) of this section pilot in the Los Angeles Deep Water apply to power driven vessels of 1600 or Pilot Area no other vessel shall enter more gross tons, a towing vessel of 8 the Deep Water Pilot Area. meters (approximately 26 feet) or over (5) Vessels described in paragraph (d) in length engaged in towing, or vessels of this section may not enter the of 100 gross tons and upward carrying waters between Commercial Anchorage one or more passengers for hire. G and the Middle Breakwater as de- (1) A vessel shall not exceed a speed fined by an area enclosed by the line of 12 knots through the water within beginning at Los Angeles Main Channel the RNA. Entrance Light 2 (33°42.70′ N, 118°14.70′ (2) A vessel navigating within the W), thence east along the Middle RNA, shall have its engine(s) ready for Breakwater to Long Beach Light immediate maneuver and shall operate (33°43.40′ N, 118°11.20′ W), thence south its engine(s) in a control mode and on to (33°43.08′ N, 118°11.26′ W), thence fuel that will allow for an immediate westerly to (33°43.08′ N, 118°12.26′ W), response to any engine order, ahead or thence southwesterly parallel to the astern, including stopping its engine(s) breakwater to (33°42.43′ N, 118°14.30′ W), for an extended period of time. thence to the point of origin, unless (3) A vessel navigating within the such vessel is: RNA shall maintain a minimum sepa- (i) In an emergency; ration from other vessels of at least (ii) Proceeding to anchor in or de- 0.25 nm. parting Commercial Anchorage G; (e) Specific regulations—(1) Los Angeles (iii) Standing by with confirmed pilot Pilot Area. (i) No vessel may enter the boarding arrangements; or, Los Angeles Pilot Area unless it is en- (iv) Engaged in towing vessels to or tering or departing Los Angeles Harbor from Commercial Anchorage G, or to entrance (Angels Gate). or from the waters between Commer- (ii) Vessels entering the Los Angeles cial Anchorage G and the Middle Pilot Area shall pass directly through Breakwater. without stopping or loitering except as necessary to embark or disembark a [CGD11–00–007, 65 FR 62294, Oct. 18, 2000. Re- pilot. designated by USCG–2001–9286, 66 FR 33642, (2) Long Beach Pilot Area. (i) No vessel June 25, 2001] may enter the Long Beach Pilot Area unless it is entering or departing Long § 165.1154 Security Zones; Cruise Ships, San Pedro Bay, California. Beach Harbor entrance (Queens Gate). (ii) Vessels entering the Long Beach (a) Definition. ‘‘Cruise ship’’ as used Pilot Area shall pass directly through in this section means a passenger ves- without stopping or loitering except as sel, except for a ferry, over 100 feet in necessary to embark or disembark a length, authorized to carry more than pilot. 12 passengers for hire; making voyages (iii) Every vessel shall leave Long lasting more than 24 hours, any part of Beach Approach Lighted Whistle Buoy which is on the high seas; and for ‘‘LB’’ to port when entering and de- which passengers are embarked or dis- parting Long Beach Channel and de- embarked in the Port of Los Angeles or parting vessels shall pass across the Port of Long Beach. southern boundary of the Long Beach (b) Location. The following areas are Pilot Area. security zones: (3) Los Angeles and Long Beach Deep (1) All waters, extending from the Water Traffic Lanes. When a vessel of 50 surface to the sea floor, within a 100 foot draft or greater is using the Los yard radius around any cruise ship that Angeles or Long Beach Deep Water is anchored at a designated anchorage Traffic Lane no other vessel shall enter either inside the Federal breakwaters the Deep Water Traffic Lane if it will bounding San Pedro Bay or outside at

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designated anchorages within 3 nau- § 165.1155 Security Zone; Diablo Can- tical miles of the Federal breakwaters; yon Nuclear Power Plant, Avila (2) The shore area and all waters, ex- Beach, California. tending from the surface to the sea (a) Location. The following area is a floor, within a 100 yard radius around security zone: all waters of the Pacific any cruise ship that is moored, or is in Ocean, from surface to bottom, within the process of mooring, at any berth a 2,000 yard radius of Diablo Canyon within the Los Angeles or Long Beach Nuclear Power Plant centered at posi- port areas inside the Federal break- tion 35°12′23″ N, 120°51′23″ W. [Datum: waters bounding San Pedro Bay; and NAD 83]. (3) All waters, extending from the (b) Regulations. (1) In accordance with the general regulations in § 165.33 of surface to the sea floor, within 200 this part, entry into or remaining in yards ahead, and 100 yards on each side this zone is prohibited unless author- and astern of a cruise ship that is un- ized by the Coast Guard Captain of the derway either on the waters inside the Port, Los Angeles-Long Beach, or his Federal breakwaters bounding San or her designated representative. Pedro Bay or on the waters within 3 (2) Persons desiring to transit the nautical miles seaward of the Federal area of the security zone may contact breakwaters. the Captain of the Port at telephone (c) Regulations. (1) In accordance with number 1–800–221–8724 or on VHF-FM the general regulations in § 165.33 of channel 16 (156.8 MHz). If permission is this part, entry into or remaining in granted, all persons and vessels must these zones is prohibited unless author- comply with the instructions of the ized by the Coast Guard Captain of the Captain of the Port or his or her des- Port, Los Angeles-Long Beach, or his ignated representative. designated representative. (c) Authority. In addition to 33 U.S.C. 1231, the authority for this section in- (2) Persons desiring to transit the cludes 33 U.S.C. 1226. area of the security zone may contact the Captain of the Port at telephone [COTP Los Angeles-Long Beach 02–006, 67 FR number 1–800–221–USCG (8724) or on 77430, Dec. 18, 2002] VHF-FM channel 16 (156.8 MHz) to seek § 165.1156 Safety Zone; Offshore Ma- permission to transit the area. If per- rine Terminal, El Segundo, CA. mission is granted, all persons and ves- (a) Location. The following area is a sels must comply with the instructions safety zone: All waters of Santa of the Captain of the Port or his or her Monica Bay, from surface to bottom, designated representative. enclosed by a line beginning at latitude (3) When a cruise ship approaches 33°54′59″ N, longitude 118°26′50″ W; then within 100 yards of a vessel that is to latitude 33°54′59″ N, longitude moored, or anchored, the stationary 118°27′34″ W; then to latitude 33°54′00″ N, vessel must stay moored or anchored longitude 118°27′34″ W; then to latitude while it remains within the cruise 33°54′00″ N, longitude 118°26′50″ W; then ship’s security zone unless it is either to the point of beginning (NAD 1983). ordered by, or given permission from, (b) Regulations. (1) In accordance with the COTP Los Angeles-Long Beach to the general regulations in § 165.23 of do otherwise. this part, entry into or movement (d) Authority. In addition to 33 U.S.C. within this zone is prohibited except 1231 and 50 U.S.C. 191, the authority for for: this section includes 33 U.S.C. 1226. (i) Commercial vessels authorized to (e) Enforcement. The U.S. Coast Guard use the offshore marine terminal for loading or unloading; may be assisted in the patrol and en- (ii) Commercial tugs, lighters, forcement of the security zone by the barges, launches, or other vessels au- Los Angeles Port Police and the Long thorized to engage in servicing the off- Beach Police Department. shore marine terminal or vessels there- [COTP Los Angeles-Long Beach 02–004, 67 FR in; 72563, Dec. 6, 2002] (iii) Public vessels of the United States.

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(2) Persons desiring to transit the to enforce or assist in enforcing these area of the safety zone may contact the regulations, including Coast Guard, Captain of the Port at telephone num- Coast Guard Auxiliary, and San ber 1–800–221–8724 or on VHF-FM chan- Bernardino County Sheriff’s Depart- nel 16 (156.8 MHz). If permission is ment Vessels. granted, all persons and vessels must (c) Regulations. (1) Vessels, with the comply with the instructions of the exception of patrol vessels, shall not Captain of the Port or his or her des- anchor, moor, loiter in, or otherwise ignated representative. impede the transit of any other vessel (3) Nothing in this section shall be within the regulated navigation area. construed as relieving the owner or Furthermore, all vessels, with the ex- person in charge of any vessel from ception of patrol vessels, shall expedi- complying with the Navigation Rules tiously and continuously transit the as defined in 33 CFR chapter I, sub- regulated navigation area via the most chapters D and E and safe navigation practice. direct route consistent with navigational safety. [COTP Los Angeles-Long Beach 03–002, 70 FR (2) During periods of vessels conges- 30640, May 27, 2005] tion within the Copper Canyon area, as § 165.1171 Copper Canyon, Lake determined by the Captain of the Port Havasu, Colorado River—Regulated or his or her designated on-scene rep- Navigation Area. resentative, the regulated navigation (a) Location. The following is a regu- area will be closed to all vessels, with lated navigation area: the exception of patrol vessels. During (1) In the water area of Copper Can- designated closure periods, no vessel yon, Lake Havasu, Colorado River, be- may enter, remain in, or transit ginning at the approximate center of through the regulated navigation area, the mouth of Copper Canyon and draw- with the exception of patrol vessels. ing a line down the approximate center Designation of periods of vessel conges- of the canyon extending shoreward to tion and announcement of the closure the end of the navigable waters of the of the regulated navigation area will be canyon, and comprising a semi-rectan- conducted by broadcast notices to gular area extending 30 feet on each mariners on VHF-FM Channel 16 no side of the line, for a total semi-rectan- less frequently than every hour for the gular width of 60 feet. duration of the closure period. (2) This line is more precisely de- (3) Each person in the regulated navi- scribed as: beginning at latitude gation area shall comply with the di- 34°25′67.6″ N, longitude 114°18′38.5″ W, rections of the Captain of the Port or thence southwesterly to latitude his or her designated on-scene rep- 34°25′64″ N, longitude 114°18′45.7″ W, resentative regarding vessel operation. thence northwesterly to latitude 34°25′65.6″ N, longitude 114°18′46.7″ W, [CGD11–97–010, 63 FR 38308, July 16, 1998. Re- thence southeasterly to latitude designated by USCG–2001–9286, 66 FR 33642, 34°25′60.7″ N, longitude 114°18′42.7″ W, June 25, 2001] thence southwesterly to longitude ° ′ ″ ° ′ ″ § 165.1181 San Francisco Bay Region, 34 25 51.4 N, latitude 114 18 46.2 W, California—regulated navigation thence southeasterly to latitude area. 34°25′47.1″ N, longitude 114°18′49.4″ W, thence to the end of the navigable (a) Applicability. This section applies waters of the canyon. to all vessels unless otherwise speci- (b) Definitions. For the purposes of fied. this section: (b) Deviations. The Captain of the (1) Vessel: Every description of Port, San Francisco Bay, or the Com- watercraft, used or capable of being manding Officer, Vessel Traffic Service used as a means of transportation on San Francisco, as a representative of the water, and regardless of mode of the Captain of the Port, may authorize power. a deviation from the requirements of (2) Patrol Vessel: Vessels designated this regulation when it is deemed nec- by the Captain of the Port, San Diego, essary in the interests of safety.

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(c) Regulated Navigation Areas—(1) 122°28′45″ W; thence to 37°49′03″ N, 122°29′52″ W; San Francisco Bay RNA. (i) The fol- thence returning to the point of beginning. lowing is a regulated navigation area— Datum: NAD 83 The waters bounded by a line connecting the following coordinates, be- (C) Central Bay Traffic Lanes—(1) ginning at: Westbound traffic lane: Bounded by the Central Bay precautionary area and 37°47′18″ N, 122°30′22″ W; thence to 37°48′55″ N, 122°31′41″ W; thence along the shoreline to the Golden Gate precautionary area, 37°50′38″ N, 122°28′37″ W; thence to 37°50′59″ N, between the Central Bay and the Deep 122°28′00″ W; thence to 37°51′45″ N, 122°27′28″ W; Water Traffic Lane separation zones. thence to 37°52′58″ N, 122°26′06″ W; thence to (2) Eastbound traffic lane: Bounded by 37°51′53″ N, 122°24′58″ W; thence to 37°51′53″ N, the Golden Gate precautionary area 122°24′00″ W; thence to 37°51′40″ N, 122°23′48″ W; and the Central Bay precautionary thence to 37°49′22″ N, 122°23′48″ W; thence to area, between the Central Bay Separa- 37°48′20″ N, 122°22′12″ W; thence to 37°47′02″ N, tion Zone and a line connecting the fol- ° ′ ″ ° ′ ″ ° ′ ″ 122 21 33 W; thence to 37 47 02 N, 122 23 04 W; lowing coordinates, beginning at: thence along the shoreline to the point of beginning. 37°48′41″ N, 122°25′17″ W; thence to 37°48′50″ N, 122°26′14″ W; thence to 37°48′52″ N, 122°27′49″ W. Datum: NAD 83 Datum: NAD 83 (ii) The San Francisco Bay RNA consists of the following defined sub-areas: (3) Deep Water (two-way) Traffic Lane: (A) Golden Gate Traffic Lanes—(1) Bounded by the Central Bay pre- Westbound traffic lane: Bounded by the cautionary area and the Golden Gate Golden Gate precautionary area and precautionary area, between the Deep the COLREGS Demarcation Line (33 Water Traffic Lane separation zone and CFR 80.1142), between the separation a line connecting the following coordi- zone and a line connecting the fol- nates, beginning at: lowing coordinates: 37°49′55″ N, 122°28′09″ W; thence to 37°50′36″ N, ° ′ ″ ° ′ ″ ° ′ ″ 37°48′30″ N, 122°31′22″ W; thence to 37°49′03″ N, 122 27 12 W; thence to 37 50 47 N, 122 26 26 W. ° ′ ″ 122 29 52 W. Datum: NAD 83 Datum: NAD 83 (D) Central Bay Separation Zone: The (2) Eastbound traffic lane. Bounded by area 75 yards each side of a line con- the COLREGS Demarcation Line (33 necting the following coordinates, be- CFR 80.1142) and the Golden Gate pre- ginning at: cautionary area, between the separa- 37°49′17″ N, 122°27′47″ W; thence to 37°49′35″ N, tion zone and a line connecting the fol- 122°25′25″ W. lowing coordinates: Datum: NAD 83 37°47′50″ N, 122°30′48″ W; thence to 37°48′30″ N, 122°29′29″ W. (E) Deep Water Traffic Lane Separation Zone: The area 75 yards each side of a Datum: NAD 83 line connecting the following coordinates, beginning at: (3) Golden Gate Separation Zone: The area 75 yards each side of a line con- 37°49′36″ N, 122°27′46″ W; thence to 37°50′22″ N, necting the following coordinates: 122°26′49″ W; thence to 37°50′25″ N, 122°26′22″ W. 37°48′08″ N, 122°31′05″ W; thence to 37°48′46″ N, Datum: NAD 83 122°29′40″ W. (F) Central Bay Precautionary Area: Datum: NAD 83 An area bounded by a line connecting the following coordinates, beginning (B) Golden Gate Precautionary Area: at: An area bounded by a line connecting the following coordinates beginning at: 37°48′41″ N, 122°25′17″ W; thence to 37°49′32″ N, 122°25′13″ W; thence to 37°50′25″ N, 122°26′22″ W; 37°48′30″ N, 122°29′29″ W; thence to 37°48′52″ N, thence to 37°50′47″ N, 122°26′26″ W; thence to 122°28′41″ W; thence to 37°48′52″ N, 122°27′49″ W; 37°51′04″ N, 122°24′58″ W; thence to 37°51′53″ N, thence to 37°49′36″ N, 122°27′46″ W; thence to 122°24′58″ W; thence to 37°51′53″ N, 122°24′00″ W; 37°49′55″ N, 122°28′09″ W; thence to 37°49′28″ N, thence to 37°51′40″ N, 122°23′48″ W; thence to

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37°49′22″ N, 122°23′48″ W; thence to 37°48′20″ N, (6) Southampton Shoal Channel/Rich- 122°22′12″ W; thence to 37°47′02″ N, 122°21′33″ W; mond Harbor RNA: The following, con- thence to 37°47′02″ N, 122°23′04″ W; thence re- sisting of two distinct areas, is a regu- turning along the shoreline to the point of lated navigation area— beginning. (i) The waters bounded by a line con- Datum: NAD 83 necting the following coordinates, beginning at: (2) North Ship Channel RNA. The fol- ° ′ ″ ° ′ ″ ° ′ ″ lowing is a regulated navigation area— 37 54 17 N, 122 22 00 W; thence to 37 54 08 N, 122°22′00″ W; thence to 37°54′15″ N, 122°23′12″ W; The waters bounded by a line con- thence to 37°54′30″ N, 122°23′09″ W; thence necting the following coordinates, be- along the shoreline to the point of beginning. ginning at: Datum: NAD 83 37°51′53″ N, 122°24′58″ W; thence to 37°54′15″ N, 122°27′27″ W; thence to 37°56′06″ N, 122°26′49″ W; (ii) The waters bounded by a line con- thence to 37°56′06″ N, 122°26′34″ W; thence to necting the following coordinates, be- 37°54′48″ N, 122°26′42″ W; thence to 37°54′02″ N, ginning at: 122°26′10″ W; thence to 37°51′53″ N, 122°24′00″ W; thence to returning to the point of begin- 37°54′28″ N, 122°23′36″ W; thence to ning. 37°54′20″ N, 122°23′38″ W; thence to 37°54′23″ N, 122°24′02″ W; thence to Datum: NAD 83 37°54′57″ N, 122°24′51″ W; thence to 37°55′05″ N, 122°25′02″ W; thence to (3) San Pablo Strait Channel RNA. The 37°54′57″ N, 122°25′22″ W; thence to following is a regulated navigation 37°53′26″ N, 122°25′03″ W; thence to area—The waters bounded by a line 37°53′24″ N, 122°25′13″ W; thence to connecting the following coordinates, 37°55′30″ N, 122°25′35″ W; thence to ° ′ ″ ° ′ ″ beginning at: 37 55 40 N, 122 25 10 W; thence to 37°54′54″ N, 122°24′30″ W; thence to 37°56′06″ N, 122°26′49″ W; thence to 37°57′26″ N, 37°54′30″ N, 122°24′00″ W; thence returning to 122°27′21″ W; thence to 38°00′48″ N, 122°24′45″ W; the point of beginning. thence to 38°01′54″ N, 122°22′24″ W; thence to 38°01′44″ N, 122°22′18″ W; thence to 37°57′37″ N, Datum: NAD 83 122°26′23″ W; thence to 37°56′06″ N, 122°26′34″ W; thence returning to the point of beginning. (7) Oakland Harbor RNA: The following is a regulated navigation area— Datum: NAD 83 The waters bounded by a line connecting the following coordinates, be- (4) Pinole Shoal Channel RNA. The fol- ginning at: lowing is a regulated navigation area— ° ′ ″ ° ′ ″ The waters bounded by a line con- 37 48 40 N, 122 19 58 W; thence to 37°48′50″ N, 122°20′02″ W; thence to necting the following coordinates, be- 37°48′29″ N, 122°20′39″ W; thence to ginning at: 37°48′13″ N, 122°21′26″ W; thence to ° ′ ″ ° ′ ″ 38°01′54″ N, 122°22′25″ W; thence to 38°03′13″ N, 37 48 10 N, 122 21 39 W; thence to ° ′ ″ ° ′ ″ ° ′ ″ 37°48′20″ N, 122°22′12″ W; thence to 122 19 50 W; thence to 38 03 23 N, 122 18 31 W; ° ′ ″ ° ′ ″ thence to 38°03′13″ N, 122°18′29″ W; thence to 37 47 36 N, 122 21 50 W; thence to 37°47′52″ N, 122°21′40″ W; thence to 38°03′05″ N, 122°19′28″ W; thence to 38°01′44″ N, 37°48′03″ N, 122°21′00″ W; thence to 122°22′18″ W; thence returning to the point of 37°47′48″ N, 122°19′46″ W; thence to beginning. 37°47′55″ N, 122°19′43″ W; thence returning Datum: NAD 83 along the shoreline to the point of the beginning. (5) Benicia-Martinez Railroad Draw- bridge Regulated Navigation Area (RNA): Datum: NAD 83 The following is a regulated navigation (d) General regulations. (1) A power- area—The waters bounded by the fol- driven vessel of 1600 or more gross tons, lowing longitude lines: or a tug with a tow of 1600 or more (i) 122°13′31″ W (coinciding with the gross tons, navigating within the RNAs charted location of the Carquinez defined in paragraph (c) of this section, Bridge) shall not exceed a speed of 15 knots (ii) 121°53′17″ W (coinciding with the through the water. charted location of New York Point) (2) A power-driven vessel of 1600 or Datum: NAD 83 more gross tons, or a tug with a tow of

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1600 or more gross tons, navigating (F) Not cross a traffic lane separation within the RNAs defined in paragraph zone unless crossing, joining, or leav- (c) of this section, shall have its en- ing a traffic lane. gine(s) ready for immediate maneuver (2) Pinole Shoal Channel RNA: (i) A and shall operate its engine(s) in a con- vessel less than 1600 gross tons or a tug trol mode and on fuel that will allow with a tow of less than 1600 gross tons for an immediate response to any en- is not permitted within this RNA. gine order, ahead or astern, including (ii) A power-driven vessel of 1600 or stopping its engine(s) for an extended more gross tons or a tug with a tow of period of time. 1600 or more gross tons shall not enter (3) The master, pilot or person direct- Pinole Shoal Channel RNA when an- ing the movement of a vessel within other power-driven vessel of 1600 or the RNAs defined in paragraph (c) of more gross tons or tug with a tow of this regulation shall comply with Rule 1600 or more gross tons is navigating 9 of the Inland Navigation Rules (INRs) therein if such entry would result in (33 U.S.C. 2009) in conjunction with the meeting, crossing, or overtaking the other vessel, when either vessel is: provisions of the associated INRs. (A) Carrying certain dangerous car- (e) Specific Regulations—(1) San Fran- goes (as denoted in § 160.203 of this sub- cisco Bay RNA: (i) A vessel shall navi- chapter); gate with particular caution in a pre- (B) Carrying bulk petroleum prod- cautionary area, or in areas near the ucts; or terminations of traffic lanes or chan- (C) A tank vessel in ballast. nels, as described in this regulation. (iii) Vessels permitted to use this (ii) A power-driven vessel of 1600 or channel shall proceed at a reasonable more gross tons, or a tug with a tow of speed so as not to endanger other ves- 1600 or more gross tons, shall: sels or interfere with any work which (A) Use the appropriate traffic lane may become necessary in maintaining, and proceed in the general direction of surveying, or buoying the channel, and traffic flow for that lane; they shall not anchor in the channel (B) Use the Central Bay Deep Water except in case of a deviation authorized Traffic Lane if eastbound with a draft under paragraph (b) of this section. of 45 feet or greater or westbound with (iv) This paragraph shall not be con- a draft of 28 feet or greater; strued as prohibiting any necessary use (C) Not enter the Central Bay Deep of the channel by any public vessels Water Traffic Lane when another while engaged in official duties, or in power-driven vessel of 1600 or more emergencies by pilot boats. gross tons or tug with a tow of 1600 or (3) Benicia-Martinez Railroad Draw- more gross tons is navigating therein bridge Regulated Navigation Area when either vessel is: (RNA)—(i) Eastbound vessels: (A) The (1) Carrying certain dangerous car- master, pilot, or person directing the goes (as denoted in section 160.203 of movement of a power-driven vessel of this subchapter); 1600 or more gross tons or a tug with a tow of 1600 or more gross tons traveling (2) Carrying bulk petroleum prod- eastbound and intending to transit ucts; or under the lift span (centered at coordi- (3) A tank vessel in ballast if such nates 38°02′18″ N, 122°07′17″ W) of the entry would result in meeting, cross- railroad bridge across Carquinez Strait ing, or overtaking the other vessel. at mile 7.0 shall, immediately after en- (D) Normally join or leave a traffic tering the RNA, determine whether the lane at the termination of the lane, but visibility around the lift span is 1⁄2 nau- when joining or leaving from either tical mile or greater. side, shall do so at as small an angle to (B) If the visibility is less than 1⁄2 the general direction of traffic flow as nautical mile, or subsequently becomes practicable; less than 1⁄2 nautical mile, the vessel (E) So far as practicable keep clear of shall not transit under the lift span. the Central Bay Separation Zone and (ii) Westbound vessels: (A) The master, the Deep Water Traffic Lane Separa- pilot, or person directing the move- tion Zone; ment of a power-driven vessel of 1600 or

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more gross tons or a tug with a tow of entry would result in meeting, cross- 1600 or more gross tons traveling west- ing, or overtaking the other vessel. bound and intending to transit under [CGD11–94–007, 60 FR 16796, Apr. 3, 1995; 60 FR the lift span (centered at coordinates 30157, June 7, 1995. Redesignated by USCG– 38°02′18″ N, 122°07′17″ W) of the railroad 2001–9286, 66 FR 33642, June 25, 2001, as bridge across Carquinez Strait at mile amended by USCG–2003–15404, 68 FR 37741, 7.0 shall, immediately after entering June 25, 2003; CGD11–03–001, 69 FR 2843, Jan. 21, 2004] the RNA determine whether the visibility around the lift span is 1⁄2 nau- § 165.1182 Safety/Security Zone: San tical mile or greater. Francisco Bay, San Pablo Bay, (B) If the visibility is less than 1⁄2 Carquinez Strait, and Suisun Bay, nautical mile, the vessel shall not pass CA. beyond longitude line 121°55′19″ W (co- (a) Regulated area. The following area inciding with the charted position of is established as a moving safety/secu- the westernmost end of Mallard Island) rity zone: until the visibility improves to greater (1) All waters 200 yards ahead and astern and 100 yards to each side of than 1⁄2 nautical mile around the lift span. every vessel transporting nuclear materials on behalf of the United States (C) If after entering the RNA visi- Department of Energy while such ves- bility around the lift span subse- sels transit from a line drawn between 1 quently becomes less than ⁄2 nautical San Francisco Main Ship Channel mile, the master, pilot, or person di- buoys 7 and 8 (LLNR 4190 & 4195, posi- recting the movement of the vessel ei- tions 37°46.9′ N, 122°35.4′ W & 37°46.5′ N, ther shall not transit under the lift 122°35.2′ W, respectively) until safely span or shall request a deviation from moored at the Weapons Support Facil- the requirements of the RNA as pre- ity Seal Beach Detachment Concord on scribed in paragraph (b) of this section. Suisun Bay (position 38°03.3′ N, 122°02.5′ (D) Vessels that are moored or an- W). All coordinates referenced use chored within the RNA with the intent datum: NAD 1983. to transit under the lift span shall re- (2) All waters within 100 yards of such main moored or anchored until visi- vessels described in paragraph (a)(1) of bility around the lift span becomes this section while such vessels are conducting cargo operations at the Weap- greater than 1⁄2 nautical mile. (4) Southampton Shoal/Richmond Har- ons Support Facility Seal Beach De- tachment Concord. bor RNA: A power-driven vessel of 1600 (b) Notification. Commander, Elev- or more gross tons, or a tug with a tow enth Coast Guard District, will cause of 1600 or more gross tons, shall not notice of the activation of this safety/ enter Southampton Shoal/Richmond security zone to be made by all appro- Harbor RNA when another power-driv- priate means to effect the widest pub- en vessel of 1600 or more gross tons, or licity among the affected segments of a tug with a tow of 1600 or more gross the public, including publication in the tons, is navigating therein, if such FEDERAL REGISTER as practicable, in entry would result in meeting, cross- accordance with the provisions of 33 ing, or overtaking the other vessel. CFR 165.7(a); such means of announce- (5) Oakland Harbor RNA: A power- ment may include, but are not limited driven vessel of 1600 or more gross tons to, Broadcast Notice to Mariners. The or a tug with a tow of 1600 or more Coast Guard will issue a Broadcast No- gross tons shall not enter the Oakland tice to Mariners notifying the public Harbor RNA when another power-driv- when nuclear materials cargo handling en vessel of 1600 or more gross tons, or has been completed. a tug with a tow of 1600 or more gross (c) Effective Period. The safety/security zone will be effective commencing tons, is navigating therein, if such at the time any vessel described in paragraph (a)(1) of this section enters the zone described in paragraph (a)(1) of this section and will remain in effect until all spent nuclear materials cargo

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handling operations have been com- thorized to act on the behalf of the pleted at Weapons Support Facility Captain of the Port. Seal Beach Detachment Concord. (b) Locations. (d) Regulations. The general regula- (1) San Francisco Bay. All waters, ex- tions governing safety and security tending from the surface to the sea zones contained in both 33 CFR 165.23 floor, within 500 yards (457 meters) in 33 CFR 165.33 apply. Entry into, ahead, astern and extending along ei- transit through, or anchoring within ther side of a tanker, cruise ship, or this moving safety/security zone is pro- HVA underway (100 yards when an- hibited unless authorized by Com- chored or moored) within the San mander, Eleventh Coast Guard Dis- Francisco Bay and areas shoreward of trict, or his designated representative. the line drawn between San Francisco Main Ship Channel buoys 7 and 8(LLNR [CGD11–98–005, 63 FR 38754, July 20, 1998. Re- ° ′ designated by USCG–2001–9286, 66 FR 33642, 4190 & 4195) in positions 37 46.9 N, June 25, 2001] 122°35.4′ W and 37°46.5′ N, 122°35.2′ W, respectively. § 165.1183 Security Zones; tankers, (2) Monterey Bay. All waters, extend- cruise ships, and High Value Assets, ing from the surface to the sea floor, San Francisco Bay and Delta Ports, within 500 yards (457 meters) ahead, Monterey Bay and Humboldt Bay, astern and extending along either side California of a tanker, cruise ship, or HVA under- (a) Definitions. The following defini- way (100 yards when anchored or tions apply to these sections— moored) within the Monterey Bay area (1) Cruise ship means any vessel over shoreward of a line drawn between 100 gross register tons, carrying more Santa Cruz Light (LLNR 305) to the than 500 passengers for hire which north in position 36°57.10′ N, 122°01.60′ makes voyages lasting more than 24 W, and Cypress Point, Monterey to the hours, of which any part is on the high south, in position 36°34.90′ N, 121°58.70′ seas. Passengers from cruise ships are W. embarked or disembarked in the U.S. (3) Humboldt Bay. All waters, extend- or its territories. Cruise ships do not ing from the surface to the sea floor, include ferries that hold Coast Guard within 500 yards (457 meters) ahead, Certificates of Inspection endorsed for astern and extending along either side ‘‘Lakes, Bays and Sounds’’ that transit of a tanker, cruise ship, or HVA under- international waters for only short pe- way (100 yards when anchored or riods of time on frequent schedules. moored) within the Humboldt Bay area (2) High Value Asset means any water- shoreward of a 4 nautical mile radius side asset of high value including mili- line drawn to the west of the Humboldt tary and commercial vessels, or com- Bay Entrance Lighted Whistle Buoy mercial vessels carrying CDC as de- HB (LLNR 8130) in position 40°46.25′ N, fined in 33 CFR 160.204, deemed by the 124°16.13′ W. Captain of Port, or higher authority, as (c) Regulations. (1) In accordance with requiring protection based upon risk the general regulations in § 165.33 of assessment analysis and is therefore this part, entry into or remaining in escorted by the Coast Guard or other this zone is prohibited unless author- law enforcement vessel with an em- ized by the Coast Guard Captain of the barked Coast Guard commissioned, Port, San Francisco Bay, or a des- warrant, or petty officer. ignated representative. (3) Tanker means any self-propelled (2) Mariners requesting permission to tank vessel constructed or adapted pri- transit through the security zone may marily to carry oil or hazardous mate- request authorization to do so from the rials in bulk in the cargo spaces. Patrol Commander (PATCOM). The (4) Designated representative means PATCOM may be contacted on VHF– any commissioned, warrant, and petty FM Channel 16. officers of the Coast Guard on board (3) All persons and vessels shall com- Coast Guard, Coast Guard Auxiliary, ply with the instructions of the Cap- and local, State and Federal law en- tain of the Port or the designated rep- forcement vessels who have been au- resentative.

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(4) Upon being hailed by U.S. Coast (3) Vessel operators desiring to enter Guard patrol personnel by siren, radio, or operate within the safety zone must flashing light, or other means, the op- contact the COTP or the COTP’s rep- erator of a vessel shall proceed as di- resentative to obtain permission to do rected. so. Vessel operators given permission (5) The Coast Guard may be assisted to enter or operate in the safety zone by other Federal, State, or local agen- must comply with all directions given cies. to them by the COTP or the COTP’s [USCG–2010–1004, 76 FR 20845, Apr. 14, 2011] designated representative. Persons and vessels may request permission to § 165.1184 Safety Zone; Coast Guard enter the safety zone on VHF–16 or the Use of Force Training Exercises, 24-hour Command Center via telephone San Pablo Bay, CA. at (415) 399–3547. (a) Location. This safety zone will apply to the navigable waters in the [USCG–2009–0324, 76 FR 25550, May 5, 2011] San Pablo Bay, and will encompass an area beginning at position 38°01′44″ N, § 165.1185 Regulated Navigation Area; San Francisco Bay, San Pablo Bay, 122°27′06″ W; 38°04′36″ N, 122°22′06″ W; ° ′ ″ ° ′ ″ ° ′ ″ Carquinez Strait, Suisun Bay, Sac- 38 00 35 N, 122 26 07 W; 38 03 00 N, ramento River, San Joaquin River, 122°20′20″ W (NAD 83) and back to the and connecting waters in Cali- starting point. fornia. (b) Enforcement. The Coast Guard will notify the public via a Broadcast No- (a) Location. All waters of San Fran- tice to Mariners prior to the activation cisco Bay, San Pablo Bay, Carquinez of this safety zone. The safety zone will Strait, Suisun Bay, Sacramento River, be activated on average two times per San Joaquin River, and connecting month, but could be activated up to six waters in California are a Regulated times per month. It will be in effect for Navigation Area. approximately three hours from 9 a.m. (b) Definitions. ‘‘Liquefied hazardous to 11:59 p.m. If the exercises conclude gas (LHG)’’ is a liquid containing one prior to the scheduled termination or more of the products listed in Table time, the Coast Guard will cease en- 127.005 of 33 CFR 127.005 that is carried forcement of this safety zone and will in bulk on board a tank vessel as a liq- announce that fact via Broadcast No- uefied gas product. The hazards nor- tice to Mariners. Persons and vessels mally associated with these products may also contact the Coast Guard to include toxic or flammable properties determine the status of the safety zone or a combination of both. on VHF–16 or the 24-hour Command (c) Regulations. All vessels loaded Center via telephone at (415) 399–3547. with a cargo of liquefied hazardous gas (c) Definitions. As used in this sec- (LHG) within this Regulated Naviga- tion, designated representative means tion Area must proceed directly to a Coast Guard Patrol Commander, in- their intended cargo reception facility cluding a Coast Guard coxswain, petty to discharge their LHG cargo, unless: officer, or other officer operating a (1) The vessel is otherwise directed or Coast Guard vessel and a Federal, permitted by the Captain of the Port. State, and local officer designated by The Captain of the Port can be reached or assisting the Captain of the Port at telephone number (415) 399–3547 or on San Francisco (COTP) in the enforce- VHF-FM channel 16 (156.8 MHz). If per- ment of the safety zone. mission is granted, all persons and ves- (d) Regulations. (1) Under the general sels must comply with the instructions regulations in § 165.23, entry into, of the Captain of the Port or his or her transiting, or anchoring within the designated representative. safety zone is prohibited unless author- (2) The vessel is in an emergency sit- ized by the COTP or the COTP’s des- uation and unable to proceed as di- ignated representative. rected in paragraph (a) of this section (2) The safety zone is closed to all without endangering the safety of per- vessel traffic, except as may be persons, property, or the environment. mitted by the COTP or the COTP’s designated representative. [CGD11 04–001, 69 FR 30206, May 27, 2004]

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§ 165.1187 Security Zones; Golden Gate floating security barrier installed Bridge and the San Francisco-Oak- around the Coast Guard Island pier. land Bay Bridge, San Francisco The perimeter of the security barrier is Bay, California. located along the following coordi- (a) Location. All waters extending nates: commencing at a point on land from the surface to the sea floor, with- approximately 50 yards northwest of in 25 yards of all piers, abutments, the northwestern end of the Coast fenders and pilings of the Golden Gate Guard Island Pier at latitude Bridge and the San Francisco-Oakland 37°46′53.60″ N and longitude 122°15′06.10″ Bay Bridge, in San Francisco Bay, W; thence to the edge of the navigable California. channel at latitude 37°46′51.83″ N and (b) Regulations. (1) In accordance with longitude 122°15′07.47″ W; thence to a the general regulations in § 165.33 of this part, entry into these security position approximately 10 yards into zones is prohibited, unless doing so is the charted navigation channel at lati- necessary for safe navigation, to con- tude 37°46′51.27″ N and longitude duct official business such as scheduled 122°15′07.22″ W; thence closely paral- maintenance or retrofit operations, or leling the edge of the charted naviga- unless specifically authorized by the tion channel to latitude 37°46′46.75″ N Captain of the Port San Francisco Bay and longitude 122°15′00.21″ W; thence or his designated representative. closely paralleling the edge of the (2) Persons desiring to transit the charted navigation channel to a point area of the security zone may contact approximately 20 yards into the the Captain of the Port at telephone charted navigation channel at latitude number 415–399–3547 or on VHF-FM 37°46′42.36″ N and longitude 122°14′51.55″ channel 16 (156.8 MHz) to seek permis- W; thence to a point on land approxi- sion to transit the area. If permission mately 50 yards southeast of the south- is granted, all persons and vessels must eastern end of the Coast Guard Island comply with the instructions of the Pier at latitude 37°46′44.80″ N and lon- Captain of the Port or his or her des- gitude 122°14′48.80″ W; thence northwest ignated representative. along the shoreline back to the begin- (c) Enforcement. All persons and ves- ning point. sels shall comply with the instructions of the Coast Guard Captain of the Port (b) Regulations. (1) Under § 165.33, or the designated on-scene patrol per- entry into or remaining in this zone is sonnel. Patrol personnel comprise com- prohibited unless authorized by the missioned, warrant, and petty officers Coast Guard Captain of the Port, San of the Coast Guard onboard Coast Francisco Bay, or his designated rep- Guard, Coast Guard Auxiliary, local, resentative. state, and federal law enforcement ves- (2) Persons desiring to transit the sels. Upon being hailed by U.S. Coast area of the security zone may contact Guard patrol personnel by siren, radio, the Captain of the Port at telephone flashing light, or other means, the op- number 415–399–3547 or on VHF-FM erator of a vessel shall proceed as di- channel 16 (156.8 MHz) to seek permis- rected. sion to transit the area. If permission [COTP San Francisco Bay 03–029, 69 FR 11316, is granted, all persons and vessels must Mar. 10, 2004] comply with the instructions of the Captain of the Port or his designated § 165.1190 Security Zone; San Fran- representative. cisco Bay, Oakland Estuary, Ala- (c) Enforcement. The Captain of the meda, CA. Port will enforce this security zone and (a) Location. The following area is a may be assisted in the patrol and en- security zone: All navigable waters of forcement of this security zone by any the Oakland Estuary, California, from Federal, State, county, municipal, or the surface to the sea floor, approxi- private agency. mately 50 yards into the Oakland Estu- ary surrounding the Coast Guard Island [COTP San Francisco Bay 05–006, 70 FR 48874, Pier. The perimeter of the security Aug. 22, 2005] zone follows the same perimeter as the

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§ 165.1191 Safety zones: Northern Cali- ited, unless authorized by the Patrol fornia annual fireworks events. Commander. (a) General. Safety zones are estab- (2) Each person in a safety zone who lished for the events listed in Table 1 of receives notice of a lawful order or di- this section. Further information on rection issued by an official patrol ves- exact dates, times, and other details sel shall obey the order or direction. concerning the exact geographical de- (3) The Patrol Commander scription of the areas are published by (PATCOM) is empowered to forbid and the Eleventh Coast Guard District in control the movement of all vessels in the Local Notice to Mariners prior to the regulated area. The Patrol Com- each event. mander shall be designated by the (b) Regulations. ‘‘Official Patrol Ves- Commander, Coast Guard Sector San sels’’ consist of any Coast Guard, other Francisco; will be a U.S. Coast Guard Federal, state or local law enforce- commissioned officer, warrant officer ment, and any public or sponsor-pro- or petty officer to act as the Sector vided vessels assigned or approved by Commander’s official representative; Commander, Coast Guard Sector San and will be located aboard the lead offi- Francisco, to patrol each event. cial patrol vessel. (1) In accordance with the general (4) The Patrol Commander may, upon regulations in § 165.23 of this part, en- request, allow the transit of commer- tering into, transiting through, or an- cial vessels through regulated areas choring within these zones is prohib- when it is safe to do so.

TABLE 1 TO § 165.1191 [All coordinates referenced use datum NAD 83]

KFOG KaBoom Sponsor ...... KFOG Radio, San Francisco. Event Description ...... Fireworks display. Date ...... Last Saturday in May. Location ...... 1,000 feet off Pier 30/32. Regulated Area ...... That area of navigable waters within a 1,000 foot radius of the launch platform.

Fourth of July Fireworks, City of Monterey

Sponsor ...... City of Monterey, Recreation & Community Services Department. Event Description ...... Fireworks Display. Date ...... July 4th. Location ...... Monterey Bay, East of Municipal Wharf #2. Regulated Area ...... That area of navigable waters within a 1,000 foot radius of the launch platform.

Fourth of July Fireworks, City of Sausalito

Sponsor ...... City of Sausalito. Event Description ...... Fireworks Display. Date ...... July 4th. Location ...... 1,000 feet off-shore from Sausalito waterfront, North of Spinnaker Rest. Regulated Area ...... That area of navigable waters within a 1,000 foot radius of the launch platform.

Fourth of July Fireworks, Lake Tahoe

Sponsor ...... Anchor Trust. Event Description ...... Fireworks Display. Date ...... July 4th. Location ...... 1,000 feet off Incline Village, Nevada in Crystal Bay. Regulated Area ...... That area of navigable waters within a 1,000 foot radius of the launch platform.

Fourth of July Fireworks, South Lake Tahoe Gaming Alliance

Sponsor ...... Harrah’s Lake Tahoe.

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TABLE 1 TO § 165.1191—Continued [All coordinates referenced use datum NAD 83]

Event Description ...... Fireworks Display. Date ...... July 4th. Location ...... Off South Lake Tahoe, California near Nevada border. Regulated Area ...... That area of navigable waters within a 1,000 foot radius of the launch platform.

Independence Day Fireworks

Sponsor ...... North Tahoe Fire Protection District. Event Description ...... Fireworks Display. Date ...... July 4th. Location ...... Offshore from Kings Beach State Beach. Regulated Area ...... That area of navigable waters within a 1,000 foot radius of the launch platform.

July 4th Fireworks Display

Sponsor ...... North Tahoe Fire Protection District. Event Description ...... Fireworks Display. Date ...... July 4th. Location ...... Offshore of Common Beach, Tahoe City, CA. Regulated Area ...... That area of navigable waters within a 1,000 foot radius of the launch platform.

San Francisco Chronicle Fireworks Display

Sponsor ...... San Francisco Chronicle. Event Description ...... Fireworks Display. Date ...... July 4th. Location 1 ...... A barge located approximately 1,000 feet off of San Francisco Pier 39 at approximately: 37°48′49.0″ N, 122°24′46.5″ W. Regulated Area ...... The area of navigable waters within a 1,000 foot radius of the launch platform. Location 2 ...... The end of the San Francisco Municipal Pier at Aquatic Park at approximately: 37°48′38.5″ N, 122°25′30.0″ W. Regulated Area ...... The area of navigable waters within a 1,000 foot radius of the launch platform.

Vallejo Fourth of July Fireworks

Sponsor ...... Vallejo Marina. Event Description ...... Fireworks Display. Date ...... July 4th. Location ...... Mare Island Strait. Regulated Area ...... That area of navigable waters within a 1,000 foot radius of the launch platform.

[CGD 11–99–007, 64 FR 39030, July 21, 1999. Redesignated by USCG–2001–9286, 66 FR 33642, June 25, 2001]

§ 165.1192 Security Zones; Waters sur- surface to the sea floor within approxi- rounding San Francisco Inter- mately 200 yards seaward from the national Airport and Oakland Inter- shoreline of the San Francisco Inter- national Airport, San Francisco national Airport and encompasses all Bay, California. waters in San Francisco Bay within a (a) Locations. The following areas are line connecting the following geo- security zones: graphical positions— (1) San Francisco International Airport Security Zone. This security zone in- Latitude Longitude cludes all waters extending from the 37°36′19″ N 122°22′36″ W

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Latitude Longitude sonnel. Patrol personnel comprise commissioned, warrant, and petty officers 37°36′45″ N 122°122′18″ W 37°36′26″ N 122°21′30″ W of the Coast Guard onboard Coast 37°36′31″ N 122°21′21″ W Guard, Coast Guard Auxiliary, local, 37°36′17″ N 122°20′45″ W state, and federal law enforcement ves- 37°36′37″ N 122°20′40″ W 37°36′50″ N 122°21′08″ W sels. Upon being hailed by U.S. Coast 37°37′00″ N 122°21′12″ W Guard patrol personnel by siren, radio, 37°37′21″ N 122°21′53″ W flashing light, or other means, the op- 37°37′39″ N 122°21′44″ W 37°37′56″ N 122°21′51″ W erator of a vessel shall proceed as di- 37°37′50″ N 122°22′20″ W rected. 37°38′25″ N 122°22′54″ W 37°38′23″ N 122°23′01″ W [COTP San Francisco Bay 03–009, 69 FR 34282, June 21, 2004] and along the shoreline back to the beginning point. § 165.1195 Regulated Navigation Area; (2) Oakland International Airport Secu- Humboldt Bay Bar Channel and rity Zone. This security zone includes Humboldt Bay Entrance Channel, all waters extending from the surface Humboldt Bay, California. to the sea floor within approximately (a) Location. The Regulated Naviga- 200 yards seaward from the shoreline of tion Area (RNA) includes all navigable the Oakland International Airport and waters of the Humboldt Bay Bar Chan- encompasses all waters in San Fran- nel and the Humboldt Bay Entrance cisco Bay within a line connecting the Channel, Humboldt Bay, California. following geographical positions— (b) Definitions. As used in this section— Latitude Longitude COTP means the Captain of the Port 37°43′35″ N 122°15′00″ W as defined in Title 33, Code of Federal 37°43′40″ N 122°15′05″ W 37°43′34″ N 122°15′12″ W Regulations, Section 1.01–30 and 3.55–20. 37°43′24″ N 122°15′11″ W Sector means Coast Guard Sector/Air 37°41′54″ N 122°13′05″ W Station Humboldt Bay. 37°41′51″ N 122°12′48″ W 37°41′53″ N 122°12′44″ W Sector Commander means the Com- 37°41′35″ N 122°12′18″ W manding Officer of Coast Guard Sector/ 37°41′46″ N 122°12′08″ W Air Station Humboldt Bay. 37°42′03″ N 122°12′34″ W 37°42′08″ N 122°12′32″ W Hazardous material means any of the 37°42′35″ N 122°12′30″ W materials or substances listed in 46 ° ′ ″ ° ′ ″ 37 42 40 N 122 12 06 W CFR 153.40. Humboldt Bay Area means the area and along the shoreline back to the be- described in the location section of this ginning point. regulation. (b) Regulations. (1) Under § 165.33, en- Oil means oil of any kind or in any tering, transiting through, or anchor- form, including but not limited to, pe- ing in this zone is prohibited unless authorized by the Coast Guard Captain of troleum, fuel oil, sludge, oil refuse, and the Port, San Francisco Bay, or his oil mixed with wastes other than designated representative. dredged spoil. (2) Persons desiring to transit the Station means Coast Guard Station area of a security zone may contact the Humboldt Bay. Captain of the Port at telephone num- Tank Vessel means any vessel that is ber 415–399–3547 or on VHF-FM channel constructed or adapted to carry, or 16 (156.8 MHz) to seek permission to that carries, oil or hazardous material transit the area. If permission is grant- in bulk as cargo or cargo residue. ed, all persons and vessels must comply (c) Applicability. These regulations with the instructions of the Captain of apply to the owners and operators of the Port or his or her designated rep- tank vessels transporting oil or haz- resentative. ardous material as cargo within the (c) Enforcement. All persons and ves- Humboldt Bay Area. sels shall comply with the instructions (d) Regulations. (1) In addition to the of the Coast Guard Captain of the Port arrival and departure notification re- or the designated on-scene patrol per- quirements listed in title 33 CFR, part

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160, Ports and Waterways Safety—Gen- waiver is requested, the reasons for re- eral, subpart C—Notifications of ‘‘Ar- questing the waiver, the reasons that rivals, Departures, Hazardous Condi- the requester believes the proposed op- tions, and Certain Dangerous Cargoes’’, eration can be accomplished safely, the owner, master, agent or person in and a callback phone number. The Sta- charge of a vessel to which this notice tion or Sector Watchstander receiving applies shall obtain permission to cross the request will brief the Officer in within four hours of crossing the Hum- Charge of the Station who will then boldt Bay Bar. Between 6:30 a.m. and 10 brief the Sector Commander. The au- p.m., notification/requests for permis- thority to grant waivers rests with the sion can be made to Station Humboldt Sector Commander or his designated Bay on VHF-FM Channel 16, or at (707) representative. 443–2213. If between 10 p.m. and 6:30 (4) In addition to the requirements in a.m., or if unable to reach the Station, paragraphs (d)(1)–(3) of this section, notification/requests for permission vessels transporting liquefied haz- can be made directly to Sector/Air Sta- ardous gases or compressed hazardous tion Humboldt Bay on VHF-FM Chan- gases in bulk as cargo into or out of nel 16 or at (707) 839–6113. Humboldt Bay are required to be aided (2) Permission for a bar crossing by by two assist tugs. If the vessel car- vessels or towing vessels and their tows rying the gases is towed, the assist tug to which this regulation applies is de- requirement is in addition to the tow- pendent on environmental and safety ing tug. The assist tugs shall escort the factors, including but not limited to: vessel through its transit and must be Sea state, winds, visibility, size and stationed so as to provide immediate type of vessel or tow, wave period, time assistance in response to the loss of of day/night, and tidal currents. The power or steering of the cargo vessel, final decision to close the bar rests its towing tug, or loss of control over with Humboldt Bay Sector Commander the tow. or his designated representative. At a minimum, Humboldt Bay Bar Channel (5) Vessels to which this regulation crossings by vessels subject to this ad- applies may be required by the Sector visory will generally not be permitted Commander or his designated rep- unless all of the following conditions resentative to be escorted by a Coast exist: Proper permission to cross has Guard vessel during their transit. In been received, sea conditions at the bar addition, if a vessel master, agent, or are less than 6 feet, winds at the bar pilot has concerns about the safety of a are less than 30 knots, the transit will vessel’s transit through the Humboldt take place during daylight hours, the Bay Entrance Channel, a Coast Guard vessel has only a single tow or no tow, escort may be requested. Requests for the visibility at the bar is greater than an escort should be directed to Station 1,000 yards, and the vessel and tow are on VHF-FM channel 16 or at (707) 443– in proper operating condition. 2213 between 6:30 a.m. and 10 p.m., or to (3) If the bar is closed to vessels to Sector on VHF-FM channel 16 or at which this regulation applies, waiver (707) 839–6113 if between 10 p.m. and 6:30 requests will be accepted within four a.m. hours of crossing the entrance channel. (e) Enforcement. Acting as a rep- If the waiver request is made between resentative of the Captain of the Port, 6:30 a.m. and 10 p.m., the request the Humboldt Bay Sector Commander should be made to Station Humboldt will enforce this regulation and has the Bay on VHF-FM Channel 16, or at (707) authority to take steps necessary to 443–2213. If between 10 p.m. and 6:30 ensure the safe transit of vessels in a.m., or if unable to reach the Station, Humboldt Bay. The Sector Commander the request can be made directly to can enlist the aid and cooperation of Sector/Air Station Humboldt Bay on any Federal, State, county, and munic- VHF-FM Channel 16 or at (707) 839–6113. ipal agency to assist in the enforce- Waiver requests must be made by the ment of the regulation. All persons and vessel master and must provide the fol- vessels shall comply with the instruc- lowing: A description of the proposed tions of the Sector Commander or the operation, the conditions for which the designated on-scene patrol personnel.

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Patrol personnel comprise commis- and along the shoreline back to the be- sioned, warrant, and petty officers of ginning point. the Coast Guard onboard Coast Guard, (3) Shell Terminal, Carquinez Strait. Coast Guard Auxiliary, local, State, This security zone includes all waters and Federal law enforcement vessels. extending from the surface to the sea Upon being hailed by U.S. Coast floor within approximately 100 yards of Guard patrol personnel by siren, radio, the Shell Terminal, Martinez, CA, and flashing light, or other means, the op- encompasses all waters in San Pablo erator of a vessel shall proceed as di- Bay within a line connecting the fol- rected. lowing geographical positions—

[CGD11–05–006, 70 FR 49492, Aug. 24, 2005] Latitude Longitude § 165.1197 Security Zones; San Fran- 38°01′39.8″ N 122°07′40.3″ W cisco Bay, San Pablo Bay, 38°01′54.0″ N 122°07′43.0″ W 38°01′56.9″ N 122°07′37.9″ W Carquinez Strait, Suisun Bay, Cali- 38°02′02.7″ N 122°07′42.6″ W fornia. 38°01′49.5″ N 122°08′08.7″ W (a) Locations. The following areas are 38°01′43.7″ N 122°08′04.2″ W 38°01′50.1″ N 122°07′50.5″ W security zones: 38°01′36.3″ N 122°07′47.6″ W (1) Chevron Long Wharf, San Francisco Bay. This security zone includes all and along the shoreline back to the be- waters extending from the surface to ginning point. the sea floor within approximately 100 (4) Amorco Pier, Carquinez Strait. This yards of the Chevron Long Wharf, security zone includes all waters ex- Richmond, CA, and encompasses all tending from the surface to the sea waters in San Francisco Bay within a floor within approximately 100 yards of line connecting the following geo- the Amorco Pier, Martinez, CA, and en- graphical positions— compasses all waters in the Carquinez Latitude Longitude Strait within a line connecting the following geographical positions— 37°55′52.2″ N 122°24′04.7″ W 37°55′41.8″ N 122°24′07.1″ W Latitude Longitude 37°55′26.8″ N 122°24′35.9″ W 37°55′47.1″ N 122°24′55.5″ W 38°02′03.1″ N 122°07′11.9″ W 37°55′42.9″ N 122°25′03.5″ W 38°02′05.6″ N 122°07′18.9″ W 37°55′11.2″ N 122°24′32.8″ W 38°02′07.9″ N 122°07′14.9″ W 37°55′14.4″ N 122°24′27.5″ W 38°02′13.0″ N 122°07′19.4″ W 37°55′19.7″ N 122°24′23.7″ W 38°02′05.7″ N 122°07′35.9″ W ° ′ ″ ° ′ ″ 37°55′22.2″ N 122°24′26.2″ W 38 02 00.5 N 122 07 31.1 W ° ′ ″ ° ′ ″ 37°55′38.5″ N 122°23′56.9″ W 38 02 01.8 N 122 07 27.3 W ° ′ ″ ° ′ ″ 37°55′47.8″ N 122°23′53.3″ W 38 01 55.0 N 122 07 11.0 W

and along the shoreline back to the be- and along the shoreline back to the beginning point. ginning point. (2) Conoco-Phillips, San Pablo Bay. (5) Valero, Carquinez Strait. This secu- This security zone includes all waters rity zone includes all waters extending extending from the surface to the sea from the surface to the sea floor within floor within approximately 100 yards of approximately 100 yards of the Valero the Conoco-Phillips Wharf, Rodeo, CA, Pier, Benicia, CA, and encompasses all and encompasses all waters in San waters in the Carquinez Strait within a Pablo Bay within a line connecting the line connecting the following geo- following geographical positions— graphical positions—

Latitude Longitude Latitude Longitude ° ′ ″ ° ′ ″ 38°03′06.0″ N 122°15′32.4″ W 38 02 37.6 N 122 07 51.5 W ° ′ ″ ° ′ ″ 38°03′20.7″ N 122°15′35.8″ W 38 02 34.7 N 122 07 48.9 W ° ′ ″ ° ′ ″ 38°03′21.8″ N 122°15′29.8″ W 38 02 44.1 N 122 07 34.9 W ° ′ ″ ° ′ ″ 38°03′29.1″ N 122°15′31.8″ W 38 02 48.0 N 122 07 37.9 W ° ′ ″ ° ′ ″ 38°03′23.8″ N 122°15′55.8″ W 38 02 47.7 N 122 07 42.1 W 38°03′16.8″ N 122°15′53.2″ W 38°03′18.6″ N 122°15′45.2″ W and along the shoreline back to the be- ° ′ ″ ° ′ ″ 38 03 04.0 N 122 15 42.0 W ginning point.

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(6) Avon Pier, Suisun Bay. This secu- by this section during military onload rity zone includes all waters extending or offload operations only upon notice. from the surface to the sea floor within Upon notice of enforcement by the approximately 100 yards of the Avon COTP, entering, transiting through or Pier, Martinez, CA, and encompasses anchoring in the zone(s) is prohibited all waters in Suisun Bay within a line unless authorized by the COTP or his connecting the following geographical designated representative. Upon notice positions— of suspension of enforcement by the COTP, all persons and vessels are Latitude Longitude granted general permissions to enter, 38°02′24.6″ N 122°04′52.9″ W transit, and exit the security zone(s). 38°02′54.0″ N 122°05′19.5″ W (2) If more than 1 pier is involved in 38°02′55.8″ N 122°05′16.1″ W onload or offload operations at the 38°03′02.1″ N 122°05′19.4″ W 38°02′55.1″ N 122°05′42.6″ W same time, the 500-yard security zone 38°02′48.8″ N 122°05′39.2″ W for each involved pier will be enforced. 38°02′52.4″ N 122°05′27.7″ W (3) Persons desiring to transit the 38°02′46.5″ N 122°05′22.4″ W area of a security zone may contact the Patrol Commander on scene on VHF- and along the shoreline back to the be- FM channel 13 or 16 or the COTP at ginning point. telephone number 415–399–3547 to seek (b) Regulations. (1) In accordance with permission to transit the area. If per- the general regulations in § 165.33, mission is granted, all persons and ves- entry into the security zones described sels must comply with the instructions in paragraph (a) of this section is pro- of the COTP or his designated rep- hibited, unless specifically authorized resentative. by the Captain of the Port San Fran- (c) Enforcement. All persons and ves- cisco Bay, or his designated representa- sels must comply with the instructions tive. of the Coast Guard Captain of the Port (2) Persons desiring to transit the or the designated on-scene patrol per- area of a security zone may contact the sonnel. Patrol personnel comprise com- Captain of the Port at telephone num- missioned, warrant, and petty officers ber 415–399–3547 or on VHF-FM channel of the Coast Guard onboard Coast 16 (156.8 MHz) to seek permission to Guard, Coast Guard Auxiliary, local, transit the area. If permission is grant- state, and federal law enforcement ves- ed, all persons and vessels must comply sels. The U.S. Coast Guard may be as- with the instructions of the Captain of sisted in the patrol and enforcement of the Port or his designated representa- the security zones by local law enforce- tive. ment and the MOTCO police as nec- (c) Enforcement. The U.S. Coast Guard essary. Upon being hailed by U.S. Coast may be assisted in the patrol and en- Guard patrol personnel by siren, radio, forcement of these security zones by flashing light, or other means, the op- federal, state and local law enforce- erator of a vessel must proceed as di- ment as necessary. rected. [COTP San Francisco Bay 05–007, 71 FR 12138, (d) Notice of enforcement or suspension Mar. 9, 2006] of enforcement of security zone(s). The COTP San Francisco Bay will cause no- § 165.1199 Security Zones; Military tification of enforcement of the secu- Ocean Terminal Concord (MOTCO), rity zone(s) to be made by issuing a Concord, California. Local Notice to Mariners and a Broad- (a) Location. The security zone(s) en- cast Notice to Mariners to inform the compass the navigable waters of affected segments of the public. During Suisun Bay, California, extending from periods that the security zone(s) are the surface to the sea floor, within 500 being enforced, Coast Guard patrol per- yards of the three Military Ocean Ter- sonnel will notify mariners to keep out minal Concord (MOTCO) piers in Con- of the security zone(s) as they ap- cord, California. proach the area. In addition, Coast (b) Regulations. (1) The Captain of the Guard Sector San Francisco Bay main- Port (COTP) San Francisco Bay will tains a telephone line that is main- enforce the security zone(s) established tained 24 hours a day, 7 days a week.

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The public can contact Sector San § 165.T13–175 was revised, effective June 15, Francisco Bay at (415) 399–3530 to ob- 2011 through July 31, 2011. tain information concerning enforcement of this rule. When the security § 165.1301 Puget Sound and Adjacent Waters in Northwestern Wash- zone(s) are no longer needed, the COTP ington—Regulated Navigation Area. will cease enforcement of the security zone(s) and issue a Broadcast Notice to The following is a regulated naviga- Mariners to notify the public. Upon no- tion area—All of the following north- tice of suspension of enforcement, all western Washington waters under the persons and vessels are granted general jurisdiction of the Captain of the Port, permissions to enter, move within and Puget Sound: Puget Sound, Hood exit the security zone(s). Canal, Possession Sound, Elliott Bay, Commencement Bay, the San Juan Ar- [COTP San Francisco Bay 04–007, 70 FR 3301, chipelago, Rosario Strait, Guemes Jan. 24, 2005] Channel, Bellingham Bay, U.S. waters of the Strait of the Strait of Juan de THIRTEENTH COAST GUARD DISTRICT Fuca, Haro Strait, Boundary Pass, and § 165.T13–175 Safety Zone; M/V DAVY Georgia Strait, and all lesser bays and CROCKETT, Columbia River. harbors adjacent to the above. (a) Definitions as used in this sec- (a) Location: The following area is a safety zone: tion: (1) All waters of the Columbia River (1) Vessels engaged in fishing are as encompassed within the following four identified in the definition found in points: point one at 45°34′59.74″ N, Rule 3 of the International Regulations 122°28′35.00″ W on the Washington bank for Prevention of Collisions at Sea, of the Columbia River then proceeding 1972, (72 COLREGS), found in appendix into the river to point two at A, part 81 of this chapter. (2) Hazardous levels of vessel traffic 45°34′51.42″ N, 122°28′35.47″ W, then pro- congestion are as defined at the time by ceeding upriver to the third point at Puget Sound Vessel Traffic Service. 45°34′51.02″ N, 122°28′07.32″ W, then pro- (b) Nothing in this section shall be ceeding to the shoreline to the fourth construed as relieving any party from point on the Washington Bank at their responsibility to comply with ap- 45°34′56.06″ N, 122°28′07.36″ W, then back plicable rules set forth in the 72 along the shoreline to point one. Geo- COLREGS. graphically this encompasses all the (c) General Regulations: The provi- waters within an area starting at ap- sions of this paragraph apply at all proximately 300 ft upriver from the M/ times. V DAVY CROCKETT extending to 300 (1) Vessels engaged in fishing or ft abreast of the M/V DAVY CROCK- other operations—that are distinct ETT and then ending 300 ft down river from vessels following a TSS or a con- of the M/V DAVY CROCKETT. necting precautionary area east of New (b) Regulations. In accordance with Dungeness and which are not required the general regulations in 33 CFR Part by the Bridge to Bridge Radiotelephone 165, Subpart C, no person may enter or Regulations to maintain a listening remain in the safety zone created in watch, are highly encouraged to main- this section or bring, cause to be tain a listening watch on the Puget brought, or allow to remain in the safe- Sound Vessel Traffic Service (PSVTS) ty zone created in this section any ve- VHF-FM radio frequency for the area hicle, vessel, or object unless author- in which the vessel is operating. A safe ized by the Captain of the Port, Colum- alternative to the radio listening bia River or his designated representa- watch is to stay clear of the TSS and tive. connecting precautionary area. (c) Enforcement period. The safety (2) Vessels engaged in gill net fishing zone created in this section will be in at any time between sunset and sunrise effect from May 23, 2011 through July in any of the waters defining the regu- 31, 2011 unless cancelled sooner by the lated navigation are of this section Captain of the Port, Columbia River. shall, in addition to the navigation EFFECTIVE DATE NOTE: By USCG–2010–0939, lights and shapes required by Part 81 of 76 FR 34864, June 15, 2011, temporary this title (72 COLREGS), display at the

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end of the net most distant from the remain clear of the adjacent separation vessel on all-round (32-point) white zone when in a TSS east of New Dunge- light visible for a minimum of two nau- ness. tical miles and displayed from at least (2) A vessel following the TSS may three feet above the surface of the not exceed a speed of 11 knots through water. the water. (3) Vessels engaged in fishing, includ- (3) Vessels engaged in fishing, including gillnet and purse seine fishing, are ing gillnet and purse seine fishing, are prohibited in the following Prohibited prohibited in the following Prohibited Fishing Area: The Hood Canal Bridge, Fishing Area: Edmonds/Kingston ferry to include the waters within a one-half crossing lanes, to include the waters nautical mile radius of the center of within one-quarter nautical mile on ei- the main ship channel draw span dur- ther side of a straight line connecting ing the immediate approach and tran- the Edmonds and Kingston ferry land- sit of the draw by public vessels of the ings during the hours that the ferry is United States. operating. (4) East of New Dungeness, vessels (e) Authorization to deviate from engaged in fishing in a traffic lane or this section. connecting precautionary area shall (1) Commander, Thirteenth Coast tend nets or other gear placed in the Guard District may, upon written re- water so as to facilitate the movement quest, issue an authorization to deviate of the vessel or gear from the traffic from this section if the proposed devi- lane or precautionary area upon the ation provides a level of safety equiva- approach of a vessel following the TSS. lent to or beyond that provided by the (d) Congested Regulations: The provi- required procedure. An application for sions under this paragraph apply only authorization must state the need for when imposed in specific locations by the deviation and describe the proposed Puget Sound Vessel Traffic Service. alternative operation. They are intended to enhance vessel (2) PSVTS may, upon verbal request, traffic safety during periods and in lo- authorize a deviation from this section cations where hazardous levels of ves- for a voyage, or part of a voyage, if the sel traffic congestion are deemed to proposed deviation provides a level of exist by Puget Sound Vessel Traffic safety equivalent to or beyond that Service. Operations potentially cre- provided by the required procedure. ating vessel traffic congestion include, The deviation request must be made but are not limited to, vessels engaged well in advance to allow the requesting in fishing, including gillnet or purse vessel and the Vessel Traffic Center seine, recreational fishing derbies, re- (VTC) sufficient time to assess the gattas, or permitted marine events. safety of the proposed deviation. Dis- (1) Vessels engaged in fishing or cussions between the requesting vessel other operations—that are distinct and the VTC should include, but are from vessels following a Traffic Sepa- not limited to, information on vessel ration Scheme (TSS) or a connecting handling characteristics, traffic den- precautionary area east of New Dunge- sity, radar contracts, and environ- ness, may not remain in, nor their gear mental conditions. remain in, a traffic lane or a con- (3) In an emergency, the master, necting precautionary area east of New pilot, or person directing the move- Dungeness when a vessel following a ment of the vessel following the TSS TSS approaches. Such vessels not fol- may deviate from this section to the lowing a TSS or a connecting pre- extent necessary to avoid endangering cautionary area shall draw in their persons, property, or the environment, gear, maneuver, or otherwise clear and shall report the deviation to the these areas so that their action is com- VTC as soon as possible. plete at least fifteen minutes before [CGD 13–98–002, 63 FR 7708, Feb. 17, 1998] the arrival of a vessel following the TSS. Vessels which are required by this § 165.1302 Bangor Naval Submarine paragraph to remain clear of a con- Base, Bangor, WA. necting precautionary area east of New (a) Location. The following is a secu- Dungeness or a traffic lane must also rity zone: The waters of the Hood

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Canal encompassed by a line com- (3) Other vessels desiring access to mencing on the east shore of Hood this zone shall secure permission from Canal at latitude 47°43′17″ N., longitude the Captain of the Port through the Se- 122°44′44″ W., thence to latitude 47°43′32″ curity Office of the Naval Submarine N., longitude 122°44′40″ W.; thence to Base Bangor. The request shall be for- latitude 47°43′50″ N., longitude 122°44′40″ warded in a timely manner to the Cap- W.; thence to latitude 47°44′24″ N., lon- tain of the Port by the appropriate gitude 122°44′22″ W.; thence to latitude Navy official. 47°45′47″ N., longitude 122°43′22″ W.; (d) Enforcement. The U.S. Coast thence to latitude 47°46′23″ N., lon- Guard may be assisted in the patrol gitude 122°42′42″ W.; thence to latitude and monitoring of this security zone by 47°46′23″ N., longitude 122°42′20″ W.; the U.S. Navy. thence to latitude 47°46′20″ N., lon- [CDG13 87–06, 52 FR 47924, Dec. 17, 1987] gitude 122°42′12″ W.: thence southerly along the shoreline to the point of be- § 165.1303 Puget Sound and adjacent ginning. waters, WA—regulated navigation (b) Security zone anchorage. The fol- area. lowing is a security zone anchorage: (a) The following is a regulated navi- Area No. 2. Waters of Hood Canal with- gation area: the waters of the United in a circle of 1,000 yards diameter cen- States east of a line extending from tered on a point located at latitude Discovery Island Light to New Dunge- 47°46′26″ N., longitude 122°42′49″ W. ness Light and all points in the Puget (c) Special Regulations. (1) Section Sound area north and south of these 165.33 paragraphs, (a), (e), and (f) do not lights. apply to the following vessels or indi- (b) Regulations. (1) Tank vessel navi- viduals on board those vessels: gation restrictions: Tank vessels larger (i) Public vessels of the United than 125,000 deadweight tons bound for States, other than United States Naval a port or place in the United States vessels. may not operate in the regulated navi- (ii) Vessels that are performing work gation area. at Naval Submarine Base Bangor pur- (2) Commander, Thirteenth Coast suant to a contract with the United Guard District may, upon written re- States Navy which requires their pres- quest, issue an authorization to deviate ence in the security zone. from paragraph (b)(1) of this section if (iii) Any other vessels or class of ves- it is determined that such deviation sels mutually agreed upon in advance provides an adequate level of safety. by the Captain of the Port and Com- Any application for authorization must manding Officer, Naval Submarine state the need and fully describe the Base Bangor. Vessels operating in the proposed procedure. security zone under this exemption (c) Precautionary Area Regulations. (1) must have previously obtained a copy A vessel in a precautionary area which of a certificate of exemption permit- is depicted on National Oceanic and At- ting their operation in the security mospheric Administration (NOAA) zone from the Security Office, Naval nautical charts, except precautionary Submarine Base Bangor. This written ‘‘RB’’ (a circular area of 2,500 yards ra- exemption shall state the date(s) on dius centered at 48–26′24″ N., 122–45′12″ which it is effective and may contain W.), must keep the center of the pre- any further restrictions on vessel oper- cautionary area to port. ations within the security zone as have been previously agreed upon by the NOTE: The center of precautionary area Captain of the Port and Commanding ‘‘RB’’ is not marked by a buoy. Officer, Naval Submarine Base Bangor. (2) The Puget Sound Vessel Traffic The certificate of exemption shall be Service (PSVTS) may, upon verbal re- maintained on board the exempted ves- quest, authorize a onetime deviation sel so long as such vessel is operating from paragraph (c)(1) of this section for in the security zone. a voyage, or part of a voyage, if the (2) Any vessel authorized to enter or proposed deviation provides a level of remain in the security zone may an- safety equivalent to or beyond that chor in the security zone anchorage. provided by the required procedure.

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The deviation request must be made § 165.1305 Commencement Bay, Tacoma, WA well in advance to allow the requesting (a) Location. The following area is a safety vessel and the Vessel Traffic Center zone for the Tacoma Freedom Fair Air Show: (VTC) sufficient time to assess the All portions of Commencement Bay bounded safety of the proposed deviation. Dis- by the following coordinates: Latitude cussions between the requesting vessel 47°17′38″ N, Longitude 122°28′43 W; thence ° ′ ″ and the VTC should include, but are south easterly to Latitude 47 17 4 N, Lon- gitude 122°27′32″ W; thence south westerly to not limited to, information on the ves- Latitude 47°16′35″ N, Longitude 122°28′1″ W; sel handling characteristics, traffic thence north westerly along the shoreline to density, radar contacts, and environ- Latitude 47°17′10″ N, Longitude 122°29′14″ W; mental conditions. thence returning to the origin. This safety (3) In an emergency, the master, zone resembles a rectangle protruding from pilot, or person directing the move- the shoreline along Ruston Way. Floating ment of the vessel may deviate from markers will be placed by the sponsor of the paragraph (c)(1) of this section to the event to delineate the boundaries of the safe- extent necessary to avoid endangering ty zone. persons, property, or the environment, and shall report the deviation to the * * * * * VTC as soon as possible. § 165.1307 Elliott Bay, Seattle, WA. [CGD 90–020, 59 FR 36335, July 15, 1994, as amended by CGD 13–97–003, 62 FR 23660, May (a) Location. The following area is a 1, 1997] safety zone: All portions of Elliott Bay bounded by the following coordinates: § 165.1305 Commencement Bay, Ta- Latitude 47°37′22″ N, Longitude coma, WA. 122°22′06″ W; thence to Latitude 47°37′06″ (a) Location. The following area is a N, Longitude 122°21′45″ W; thence to safety zone: All portions of Commence- Latitude 47°36′54″ N, Longitude ment Bay bounded by the following co- 122°22′05″ W; thence to Latitude 47°37′08″ ordinates: Latitude 47°17′34″ N, Lon- N, Longitude 122°22′27″ W; thence re- gitude 122°28′36″ W; thence to Latitude turning to the origin. This safety zone 47°17′06″ N, Longitude 122°27′40″ W; resembles a square centered around the thence to Latitude 47°16′42″ N, Lon- barge from which the fireworks will be gitude 122°28′06″ W; thence to Latitude launched and begins 100 yards from the 47°17′10″ W, Longitude 122°29′02″ W; shoreline of Myrtle Edwards Park. thence returning to the origin. This Floating markers will be placed by the safety zone resembles a rectangle lying sponsor of the fireworks display to de- adjacent to the shoreline along Ruston lineate the boundaries of the safety Way. Floating markers will be placed zone [Datum NAD 1983]. by the sponsor of the event to delineate (b) Effective dates. This section is ef- the boundaries of the safety zone. fective annually on July fourth from [Datum: NAD 1983]. 9:30 p.m. to 11 p.m. unless otherwise (b) Effective dates. This section is ef- specified by FEDERAL REGISTER notice. fective annually on July the fourth (c) Regulation. In accordance with the from 2 p.m. to 12:30 a.m. July the fifth general regulations in § 165.23 of this unless otherwise specified by FEDERAL part, entry into this safety zone is pro- REGISTER notice. hibited unless authorized by the Cap- (c) Regulation. In accordance with the tain of the Port, puget sound, Seattle, general regulations in § 165.23 of this WA. part, entry into this safety zone is pro- [CGD13–95–007, 60 FR 61482, Nov. 30, 1995, as hibited unless authorized by the Cap- amended by CGD13–97–015, 62 FR 39445, July tain of the Port, Puget Sound, Seattle, 23, 1997] WA. [CGD13–95–009, 60 FR 61481, Nov. 30, 1995] § 165.1308 Columbia River, Vancouver, WA. EFFECTIVE DATE NOTE: By USCG–2011–0197, 76 FR 31855, June 2, 2011, § 165.1305 was (a) Location. The following area is a amended by revising paragraph (a), effective safety zone: All waters of the Columbia July 5, 2011. For the convenience of the user, River at Vancouver, Washington, the revised text is set forth as follows: bounded by a line commencing at the

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northern base of the Interstate 5 high- posed precautionary measures. Re- way bridge at latitude 45°37′17″ N, lon- quests should be submitted in trip- gitude 122°40′22″ W; thence south along licate, to facilitate review by U.S. the Interstate 5 highway bridge to lati- EPA, Coast Guard, and Washington tude 45°37′03″ N, longitude 122°40′32″ W; State Agencies. USEPA managed reme- thence to latitude 45°36′28″ N, longitude dial design, remedial action, habitat 122°38′35″ W; thence to Ryan’s Point at mitigation, or monitoring activities latitude 45°36′42″ N, longitude 122°38′35″ associated with the Wyckoff/Eagle Har- W; thence along the Washington shore- bor Superfund Site are excluded from line to the point of origin. [Datum: the waiver requirement. USEPA is re- NAD 83]. quired, however, to alert the Coast (b) Effective dates. This section is ef- Guard in advance concerning any of fective annually on July fourth from 9 the above-mentioned activities that p.m. to 11 p.m. (PDT) unless otherwise may, or will, take place in the Regu- specified by FEDERAL REGISTER notice. lated Area. (c) Regulation. In accordance with the [CGD 13–98–004, 64 FR 72561, Dec. 28, 1999] general regulations in § 165.23 of this part, entry into this safety zone is pro- § 165.1310 Strait of Juan de Fuca and hibited unless authorized by the Cap- adjacent coastal waters of North- tain of the Port Columbia River. west Washington; Makah Whale Hunting—Regulated Navigation [CGD13–95–055, 61 FR 18949, Apr. 30, 1996, as Area. amended by USCG–2010–0351, 75 FR 48565, Aug. 11, 2010] (a) The following area is a Regulated Navigation Area (RNA): From 48°02.25′ § 165.1309 Eagle Harbor, Bainbridge N, 124°42.1′ W northward along the Island, WA. mainland shoreline of Washington (a) Regulated area. A regulated navi- State to Cape Flattery and thence gation area is established on that por- eastward along the mainland shoreline tion of Eagle Harbor bounded by a line of Washington State to 48°22′ N, 124°34′ beginning at: 47°36′56″ N, 122°30′36″ W; W; thence due north to 48°24.55′ N, thence to 47°37′11″ N, 122°30′36″ W; 124°34′ W; thence northwesterly to thence to 47°37′25″ N, 122°30′17″ W; 48°27.1′ N, 124°41.7′ W; thence due west thence to 47°37′24″ N, 122°30′02″ W; to 48°27.1′ N, 124°45.5′ W; thence south- thence to 47°37′16″ N, 122°29′55″ W; westerly to 48°20.55′ N, 124°51.05′ W, thence to 47°37′03″ N, 122°30′027sec; W; thence west south west to 48°18.0′ N thence returning along the shoreline to 124°59.0′ W, thence due south to 48°02.25′ point of origin. [Datum NAD 1983]. N, 124°59.0′ W) thence due east back to (b) Regulations. All vessels and per- the shoreline of Washington at 48°02.25′ sons are prohibited from anchoring, N, 124°42.1′ W. Datum: NAD 1983. dredging, laying cable, dragging, (b) During a whale hunt, while the seining, bottom fishing, conducting international numeral pennant five (5) salvage operations, or any other activ- is flown by a Makah whale hunt vessel, ity which could potentially disturb the the following area within the RNA is a seabed in the designated area. Vessels Moving Exclusion Zone: The column of may otherwise transit or navigate water from the surface to the seabed within this area without reservation. with a radius of 500 yards centered on (c) Waiver. The Captain of the Port, the Makah whale hunt vessel dis- Puget Sound, upon advice from the playing international numeral pennant U.S. EPA Project Manager and the five (5). This Moving Exclusionary Washington State Department of Nat- Zone is activated only when surface ural Resources, may, upon written re- visibility exceeds one nautical mile, quest, authorize a waiver from this sec- between sunrise and sunset, and the tion if it is determined that the pro- Makah whale hunt vessel displays the posed operation supports USEPA reme- international numeral pennant five (5). dial objectives, or can be performed in The Moving Exclusionary Zone is de- a manner that ensures the integrity of activated upon sunset, visibility is re- the sediment cap. A written request duced to less than one nautical mile, or must describe the intended operation, when the Makah hunt vessel strikes state the need, and describe the pro- international numeral pennant five (5).

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(c) Unless otherwise authorized by (2) The media pool vessel must be a the Commander, Thirteenth Coast U.S. documented vessel. The media Guard District or his or her representa- pool vessel must be under command at tive, no person or vessel may enter the all times within the Moving Exclu- active Moving Exclusionary Zone ex- sionary zone by a master holding a li- cept for: cense or merchant mariner credential (1) Authorized Makah whale hunt issued in the U.S. to carry passenger vessel actively engaged in hunting op- for hire. All expenses, liabilities and erations under direction of the master risks associated with operation of the of the Makah vessel flying inter- media pool vessel lie with members of national numeral pennant five (5), and the pool and the pool vessel owners and (2) A single authorized media pool operators. vessel operating in accordance with (3) The master of the media pool ves- paragraph (f) of this section. sel shall maneuver to avoid positioning (d) The international numeral pen- the pool vessel between whales and nant five (5) is only authorized to be hunt vessel(s), out of the line of fire, at displayed from one Makah whale hunt a prudent distance and location rel- vessel during actual whale hunt operative to whale hunt operations, and in ations. No other vessels may display a manner that avoids hindering the this pennant within the RNA at any hunt or path of the whale in any way. time. Whale hunt operations commence when a whale hunt vessel is un- (4) Although permitted to maneuver derway and its master intends to have within the Moving Exclusionary Zone, a whale killed during the voyage. personnel aboard the media pool vessel Whale hunt operations cease once this are still required to follow safety and intent is abandoned, a whale is landed, law enforcement related instructions of or when the international numeral pen- Coast Guard personnel. nant five (5) is struck. [CGD 13–98–023, 63 FR 52609, Oct. 1, 1998, as (e) The Makah Tribe shall make amended by CGD 13–98–023, 64 FR 61212, Nov. SECURITE broadcasts beginning one 10, 1999; USCG–2006–24371, 74 FR 11213, Mar. half hour before the commencement of 16, 2009] a hunt and every half hour thereafter until hunting activities are concluded. § 165.1311 Olympic View Resource This broadcast shall be made on chan- Area, Tacoma, WA. nel 16 VHF-FM and state: (a) Regulated area. A regulated navi- A whale hunt is proceeding today within gation area is established on that por- the Regulated Navigation Area established tion of Commencement Bay bounded by for Makah whaling activities. The (name of a line beginning at: 47°15′40.19753″ N, vessel) is a (color and description of vessel) 122°26′09.27617″ W; thence to and will be flying international numeral pen- 47°15′42.21070″ N, 122°26′10.65290″ W; nant five (5) while engaged in whaling oper- thence to 47°15′41.84696″ N, ations. This pennant is yellow and blue in ° ′ ″ color. Mariners are required by federal regu- 122 26 11.80062 W; thence to lation to stay 500 yards away from (name of 47°15′45.57725″ N, 122°26′14.35173″ W; vessel), and are strongly urged to remain thence to 47°15′53.06020″ N, even further away from whale hunt activi- 122°26′06.61366″ W; thence to ties as an additional safety measure. 47°15′46.74493″ N, 122°26′02.50574″ W; (f)(1) Credentialed members of the thence returning along the shoreline to media interested in entering the Mov- the point of origin. [Datum NAD 1983]. ing Exclusionary Zone may request (b) Regulations. All vessels and per- permission to operate a single media sons are prohibited from anchoring, vessel in the Moving Exclusionary dredging, laying cable, dragging, Zone by telephoning Coast Guard Pub- seining, bottom fishing, conducting lic Affairs, as soon as practicable at salvage operations, or any other activ- (206) 220–7237 during normal working ity which could potentially disturb the hours, and (206) 220–7001 after hours. seabed in the designated area. Vessels Coast Guard preauthorization is re- may otherwise transit or navigate quired prior to entry into the Moving within this area without reservation. Exclusionary Zone by a single media (c) Waiver. The Captain of the Port, pool vessel. Puget Sound, upon advice from the

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United States Environmental Protec- zone will be enforced on Wednesday, tion Agency (USEPA) Project Manager June 8, through Monday, June 13. and the Washington State Department [CGD13–02–020, 68 FR 31979, May 29, 2003, as of Natural Resources, may, upon writ- amended by CDG13–05–007, 70 FR 33353, June ten request, authorize a waiver from 8, 2005; USCG–2010–0351, 75 FR 50884, Aug. 18, this section if it is determined that the 2010] proposed operation supports USEPA remedial objectives, or can be performed § 165.1313 Security zone regulations, in a manner that ensures the integrity tank ship protection, Puget Sound of the sediment cap. A written request and adjacent waters, Washington must describe the intended operation, (a) Notice of enforcement or suspension state the need, and describe the pro- of enforcement. The tank ship security posed precautionary measures. Re- zone established by this section will be quests shall be submitted in triplicate, enforced only upon notice by the Cap- to facilitate review by USEPA, Coast tain of the Port Puget Sound. Captain Guard, and Washington State Agencies. of the Port Puget Sound will cause no- USEPA managed remedial design, re- tice of the enforcement of the tank medial action, habitat mitigation, or ship security zone to be made by all ap- monitoring activities associated with propriate means to effect the widest the Olympic View Resource Area publicity among the affected segments Superfund Site are excluded from the of the public including publication in the FEDERAL REGISTER as practicable, waiver requirement. USEPA is re- in accordance with 33 CFR 165.7(a). quired, however, to alert the Coast Such means of notification may also Guard in advance concerning any of include but are not limited to, Broad- the above-mentioned activities that cast Notice to Mariners or Local No- may, or will, take place in the Regu- tice to Mariners. The Captain of the lated Area. Port Puget Sound will issue a Broad- [CGD13–02–016, 68 FR 17735, Apr. 11, 2003] cast Notice to Mariners and Local No- tice to Mariners notifying the public § 165.1312 Security Zone; Portland when enforcement of the tank ship se- Rose Festival on Willamette River. curity zone is suspended. (a) Location. The following area is a (b) The following definitions apply to security zone: All waters of the Wil- this section: lamette River, from surface to bottom, (1) Federal Law Enforcement Officer encompassed by the Hawthorne and means any employee or agent of the Steel Bridges. United States government who has the authority to carry firearms and make (b) Regulations. In accordance with warrantless arrests and whose duties § 165.33, entry into this zone is prohib- involve the enforcement of criminal ited unless authorized by the Captain laws of the United States. of the Port Columbia River or his des- (2) Navigable waters of the United ignated representatives. Section 165.33 States means those waters defined as also contains other general require- such in 33 CFR part 2. ments. (3) Navigation Rules means the Navi- (c) Authority. In addition to 33 U.S.C. gation Rules, International-Inland. 1231, the authority for this section in- (4) Official patrol means those persons cludes 33 U.S.C. 1226. designated by the Captain of the Port (d) Enforcement period. This section is to monitor a tank ship security zone, enforced annually in June from the permit entry into the zone, give legally first Wednesday in June falling on the enforceable orders to persons or vessels 4th or later through the following Mon- with in the zone and take other actions day in June. The event will be 6 days in authorized by the Captain of the Port. length and the specific dates of en- Persons authorized in paragraph (k) to forcement will be published each year enforce this section are designated as in the FEDERAL REGISTER. In 2005, the the official patrol. (5) Public vessel means vessels owned, chartered, or operated by the United

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States, or by a State or political sub- tank ship master on VHF-FM channel division thereof. 16 or 13. (6) Tank ship security zone is a regu- (h) When conditions permit, the on- lated area of water, established by this scene official patrol or tank ship mas- section, surrounding tank ships for a ter should: 500-yard radius that is necessary to (1) Permit vessels constrained by provide for the security of these ves- their navigational draft or restricted in sels. their ability to maneuver to pass with- (7) Tank ship means a self-propelled in 100 yards of a tank ship in order to tank vessel that is constructed or ensure a safe passage in accordance adapted primarily to carry oil or haz- with the Navigation Rules; ardous material in bulk as cargo or (2) Permit commercial vessels an- cargo residue in the cargo spaces. The chored in a designated anchorage area definition of tank ship does not include to remain at anchor when within 100 tank barges. yards of a passing tank ship; and (8) Washington Law Enforcement Offi- (3) Permit vessels that must transit cer means any General Authority via a navigable channel or waterway to Washington Peace Officer, Limited Au- pass within 100 yards of a moored or thority Washington Peace Officer, or anchored tank ship with minimal delay Specially Commissioned Washington consistent with security. Peace Officer as defined in Revised (i) Exemption. Public vessels as de- Code of Washington section 10.93.020. fined in paragraph (b) of this section (c) Security zone: There is established are exempt from complying with para- a tank ship security zone extending for graphs (c), (d), (f), (g), (h), (j), and (k) of a 500-yard radius around all tank ships this section. located in the navigable waters of the (j) Exception. 33 CFR Part 161 promul- United States in Puget Sound, WA, gates Vessel Traffic Service regula- east of 123 degrees, 30 minutes West tions. Measures or directions issued by Longitude. [Datum: NAD 1983] Vessel Traffic Service Puget Sound (d) Compliance: The tank ship secu- pursuant to 33 CFR Part 161 shall take rity zone established by this section re- precedence over the regulations in this mains in effect around tank ships at all section. times, whether the tank ship is under- (k) Enforcement. Any Coast Guard way, anchored, or moored. Upon notice commissioned, warrant or petty officer of enforcement by the Captain of the may enforce the rules in this section. Port Puget Sound, the Coast Guard In the navigable waters of the United will enforce the tank ship security zone States to which this section applies, in accordance with rules set out in this when immediate action is required and section. Upon notice of suspension of representatives of the Coast Guard are enforcement by the Captain of the Port not present or not present in sufficient Puget Sound, all persons and vessels force to provide effective enforcement are authorized to enter, transit, and of this section in the vicinity of a tank exit the tank ship security zone, con- ship, any Federal Law Enforcement Of- sistent with the Navigation Rules. ficer or Washington Law Enforcement (e) The Navigation Rules shall apply Officer may enforce the rules contained at all times within a tank ship security in this section pursuant to 33 CFR zone. § 6.04–11. In addition, the Captain of the (f) When within a tank ship security Port may be assisted by other federal, zone all vessels shall operate at the state or local agencies in enforcing this minimum speed necessary to maintain section. a safe course and shall proceed as di- [CGD13–02–018, 68 FR 15374, Mar. 31, 2003] rected by the on-scene official patrol or tank ship master. No vessel or person § 165.1314 Safety Zone; Fort Vancouver is allowed within 100 yards of a tank Fireworks Display, Columbia River, ship, unless authorized by the on-scene Vancouver, Washington. official patrol or tank ship master. (a) Location. The following area is a (g) To request authorization to oper- safety zone: All waters of the Columbia ate within 100 yards of a tank ship, River at Vancouver, Washington contact the on-scene official patrol or bounded by a line commencing at the

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northern base of the Interstate 5 high- the west of the launching barge which way bridge at latitude 45°37″ 16.5′ N, is centered at 46 degrees 13 minutes 38 longitude 122°40″ 22.5′’ W; thence south seconds North, 119 degrees 08 minutes along the Interstate 5 highway bridge 52 seconds West. to Hayden Island, Oregon at latitude (ii) Enforcement date. Every July 4th. 45°36″ 51.5′ N, longitude 122°40″ 39′ W; (4) Cedco Inc. Fireworks Display, North thence east along Hayden Island to Bend, OR latitude 45°36″ 36′ N, longitude 122°39″ (i) Location. Waters on the Coos River 48′ W (not to include Hayden Bay); bounded by shoreline to the east and thence north across the river thru the west and 1000 feet of water to the north preferred channel buoy, RG Fl(2+1)R 6s, and south of the launching barge which to the Washington shoreline at latitude is centered at 43 degrees 23 minutes 45 45°37″ 1.5′ N, longitude 122°39″ 29′ W; seconds North, 124 degrees 12 minutes thence west along the Washington 50 seconds West. shoreline to the point of origin. (ii) Enforcement period. One day in (b) Regulations. In accordance with early July. the general regulations in § 165.23 of (5) Astoria 4th of July Fireworks, this part, no person or vessel may Astoria, OR enter or remain in this zone unless au- (i) Location. All waters of the Colum- thorized by the Captain or the Port or bia River at Astoria, Oregon enclosed his designated representatives. by the following points: North from the (c) Authority. In addition to 33 U.S.C. Oregon shoreline at 123 degrees 50 min- 1231, the authority for this section in- utes 1 second West to 46 degrees 11 min- cludes 33 U.S.C. 1226. utes 50 seconds North, thence east to (d) Enforcement period. This section 123 degrees 49 minutes 15 seconds West, will be enforced every July 4, from 9:30 thence south to the Oregon shoreline p.m. (P.D.T.) to 11 p.m. (P.D.T.). and finally westerly along the Oregon [CGD13–03–001, 68 FR 31610, May 28, 2003] shoreline to the point of origin. (ii) Enforcement period. One day in § 165.1315 Safety Zones: Fireworks dis- early July. plays in the Captain of the Port Co- (6) Oregon Food Bank Blues Festival lumbia River Zone. Fireworks, Portland, OR (a) Safety zones. The following areas (i) Location. Waters on the Willam- are designated safety zones: ette River bounded by the Hawthorne (1) Cinco de Mayo Fireworks Display, Bridge to the north, Marquam Bridge Portland, OR: to the south, and shoreline to the east (i) Location. Waters on the Willam- and west. ette River bounded by the Morrison (ii) Enforcement period. One day in Bridge to the north, Hawthorne Bridge early July. to the south, and the shoreline to the (7) Oregon Symphony Concert Fire- east and west. works Display, Portland, OR (ii) Enforcement period. One day in (i) Location. All waters of the Willam- early May. ette River bounded by the Hawthorne (2) Portland Rose Festival Fireworks Bridge to the north, Marquam Bridge Display, Portland, OR: to the south, and shoreline to the east (i) Location. Waters on the Willam- and west. ette River bounded by the Morrison (ii) Enforcement period. One day be- Bridge to the north, Hawthorne Bridge tween the third week of August and the to the south, and the shoreline to the third week of September. east and west. (8) Florence Chamber 4th of July Fire- (ii) Enforcement period. One day in works Display, Florence, OR late May or early June. (i) Location. All water of the Siuslaw (3) Tri-City Chamber of Commerce Fire- River enclosed by the following points: works Display, Columbia Park, 43°58′05″ N, 124°05′54″ W following the Kennewick, WA: shoreline to 43°58′20″ N 124°04′46″ W then (i) Location. Waters on the Columbia south to 43°58′07″ N 124°04′40″ W fol- River bounded by shoreline to the lowing the shoreline to 43°57′48″ N north and south, Interstate 395 bridge 124°05′54″ W then back to the point of to the east, and 1000 feet of water to origin.

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(ii) Enforcement period. This section is will be enforced on the fourth Saturday enforced annually on July fourth from of July. 9 p.m. to 11 p.m. (PDT). (13) Splash Aberdeen Waterfront Fes- (9) Oaks Park July 4th Celebration, tival, Aberdeen, WA Portland, OR (i) Location. All water of the Chehalis (i) Location. All water of the Willam- River extending out to 500 feet of the ette River enclosed by the following following points: 46°58′40″ N, 123°47′45″ points: 45°28′26″ N 22°39′43″ W following W. the shoreline to 45°28′10″ N 122°39′54″ W (ii) Enforcement period. This section is then west to 45°28′41″ N 122°40′06″ W fol- enforced annually on July fourth from lowing the shoreline to 45°28′31″ N 9 p.m. to 11 p.m. (PDT). 122°40′01″ W then back to the point of (14) City of Coos Bay July 4th Celebra- origin. tion, Coos Bay, OR (ii) Enforcement period. This section is (i) Location. All water of the Coos enforced annually on July fourth from River extending out to 1200 feet of the 9 p.m. to 11 p.m. (PDT). following points: 43°22′12″ N, 124°12′39″ (10) Rainier Days Fireworks Celebra- W. tion, Rainier, OR (ii) Enforcement period. This section is (i) Location. All water of the Colum- enforced annually on July fourth from bia River enclosed by the following 9 p.m. to 11 p.m. (PDT). points: 46°06′04″ N, 122°56′35″ W following (15) Arlington Chamber of Commerce the shoreline to 46°05′53″ N 122°55′58″ W Fireworks Display, Arlington, OR: then south to 46°05′24″ N 122°55′58″ W (i) Location. All waters of the Colum- following the shoreline to 46°05′38″ N bia River encompassed by lines con- 122°56′35″ W then back to the point of necting the following points in the vi- origin. cinity of Arlington, Oregon: from the (ii) Enforcement period. This section is southern shore of the Columbia River enforced annually on the second Satur- at 45°43′23″ N 120°12′11″ W, thence to day of July each year from 9 p.m. to 11 45°43′29″ N 120°12′12″ W, thence to p.m. (PDT). Except that when the first 45°43′31″ N 120°12′06″ W, thence to the Saturday falls on July 1, this section southern shore of the Columbia River will be enforced on the third Saturday at 45°43′26″ N 120° 12′12″ W. of July. (ii) Enforcement period. This safety (11) Ilwaco July 4th Committee Fire- zone is in effect from approximately works, Ilwaco, WA 8:30 p.m. to approximately 11:30 p.m. (i) Location. All water of the Colum- for one day during the last week of bia River extending out to a 700′ radius June or the first week of July each from the launch site at 46°18′17″ N year. 124°01′55″ W. (16) East County 4th of July Fireworks, (ii) Enforcement period. This section is Gresham, OR: enforced annually on the first Satur- (i) Location. All waters of the Colum- day of July from 9 p.m. to 11 p.m. bia River encompassed in a 500 foot ra- (PDT). dius around position 45°33′33″ N (12) Milwaukie Centennial Fireworks 122°27′03″ W. Display, Milwaukie, OR (ii) Enforcement period. This safety (i) Location. All water of the Willam- zone is in effect from approximately ette River enclosed by the following 8:30 p.m. to approximately 11:30 p.m. points: 45°26′41″ N, 122°38′46″ W following for one day during the first week of the shoreline to 45°26′17″ N 122°38′36″ W July each year. then west to 45°26′17″ N 122°38′55″ W fol- (17) Port of Cascade Locks July 5th lowing the shoreline to 45°26′36″ N Fireworks Display, Cascade Locks, OR: 122°38′50″ W then back to the point of (i) Location. All waters of the Colum- origin. bia River encompassed in a 500 foot ra- (ii) Enforcement period. This section is dius around position 45°40′16″ N enforced annually on the third Satur- 121°53′38″ W. day of July each year from 9 p.m. to 11 (ii) Enforcement period. This safety p.m. (PDT). Except that when the first zone is in effect from approximately Saturday falls on July 1, this section 8:30 p.m. to approximately 11:30 p.m.

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for one day during the first week of one day during the first week of July July each year. each year. (18) Astoria Regatta Association Fire- (22) Booming Bay Fireworks, Westport, works Display, Astoria, OR: WA: (i) Location. All waters of the Colum- (i) Location. All waters of Grays Har- bia River encompassed by lines con- bor encompassed in a 600 foot radius necting the following points in the vi- around position 46°54′14″ N 124°06′08″ W. cinity of Astoria, Oregon: from the (ii) Enforcement period. This safety southern shore of the Columbia River zone is in effect from approximately at 46°22′34″ N 123°48′33″ W, thence to 8:30 p.m. to approximately 11:30 p.m. 46°11′52″ N 123°48′35″ W, thence to 46°11′52″ N 123°48′19″ W, thence to the one day during the last week of June or southern shore of the Columbia River the first week of July each year. at 46°11′39″ N 123° 48′13″ W. (23) Hood River 4th of July, Hood River, (ii) Enforcement period. This safety OR: zone is in effect from approximately (i) Location. All waters of the Colum- 11:30 p.m. one day during the second bia River encompassed in a 1000 foot ra- weekend of August each year. dius around position 45°42′58″ N 121° (19) City of Washougal July 4th Fire- 30″31″ W. works Display, Washougal WA: (ii) Enforcement period. This safety (i) Location. All waters of the Colum- zone is in effect from 8:30 p.m. to ap- bia River encompassed by lines con- proximately 11:30 p.m. one day during necting the following points in the vi- the last week of June or the first week cinity of Washougal, Washington: from of July each year. the northern shore of the Columbia (24) Rufus 4th of July Fireworks, Rufus, ° ′ ″ ° ′ ″ River at 45 33 50 N 122 20 16 W, thence OR: to 45°33′42″ N 122°02′29″ W, thence to (i) Location. All waters of the Colum- 45°33′53″ N 122°20′39″ W, thence to the bia River encompassed in a 500 foot ra- northern shore of the Columbia River dius around position 45°41′30″ N at 45°35′04″ N 122°20′53″ W. ° ′ ″ (ii) Enforcement period. This safety 120 45 47 W. zone is in effect from approximately (ii) Enforcement period. This safety 8:30 p.m. to approximately 11:30 p.m. zone is in effect from approximately one day during the first week of July 8:30 p.m. to approximately 11:30 p.m. each year. for one day during the last week of (20) City of St. Helens 4th of July Fire- June or the first week of July each works Display, St. Helens, OR: year. (i) Location. All waters of the Colum- (b) Regulations. In accordance with bia River encompassed in a 1200 foot ra- § 165.23 of this part, no person may dius around position 45°51′51″ N enter or remain in these safety zones 122°47′22″ W. unless authorized by the Captain of the (ii) Enforcement period. This safety Port Columbia River or his/her des- zone is in effect from approximately ignated representative. Also in accord- 8:30 p.m. to approximately 11:30 p.m. ance with § 165.23 of this part, no person one day during the first week of July may bring into, cause to be brought each year. into, or allow to remain in these safety (21) Waverly Country Club 4th of July zones any vehicle, vessel, or object un- Fireworks Display, Milwaukie, OR: less authorized by the Captain of the (i) Location. All waters of the Willam- Port Columbia River or his/her des- ette River encompassed by lines con- ignated representative. necting the following points in the vicinity of Milwaukie, Oregon: from (c) Notice. In accordance with § 165.7 45°27′10″ N 122°29′35″ W, thence to of this part, notification of the specific 45°27′12″ N 122°39′25″ W, thence to period of enforcement for each of these 45°26′56″ N 122°39′15″ W, thence to safety zones may be made by marine 45°26′52″ N 122°39′25″ W. broadcast, local notice to mariners, (ii) Enforcement period. This safety zone is in effect from approximately 8:30 p.m. to approximately 11:30 p.m.

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local news media, distribution in leaf- may also include but are not limited let form, on-scene oral notices, and/or to, Broadcast Notice to Mariners or publication in the FEDERAL REGISTER. Local Notice to Mariners. The Captain [CGD01–03–008, 68 FR 32368, May 30, 2003, as of the Port Puget Sound will issue a amended by CGD13–06–009, 71 FR 30805, May Broadcast Notice to Mariners and 31, 2006; USCG–2008–1096, 74 FR 68161, Dec. 23, Local Notice to Mariners notifying the 2009; USCG–2010–0351, 75 FR 48565, Aug. 11, public when enforcement of the large 2010; USCG–2010–0997, 76 FR 18395, Apr. 4, passenger vessel security and safety 2011] zone is suspended. § 165.1316 Safety Zone; Columbia (b) Definitions. The following defini- River, Astoria, Oregon. tions apply to this section: (a) Location. The following area is a Federal Law Enforcement Officer safety zone: All waters of the Columbia means any employee or agent of the River at Astoria, Oregon enclosed by United States government who has the the following points: North from the authority to carry firearms and make Oregon shoreline at 123°49′36″ West to warrantless arrests and whose duties 46°11′51″ North thence east to 123°48′53″ involve the enforcement of criminal West thence south to the Oregon shore- laws of the United States. line and finally westerly along the Or- Large Passenger Vessel means any egon shoreline to the point of origin. cruise ship over 100 feet in length car- (b) Regulations. In accordance with rying passengers for hire, and any auto the general regulations in § 165.23 of ferries and passenger ferries over 100 this part, no person or vessel may feet in length carrying passengers for enter or remain in this zone unless au- hire such as the Washington State Fer- thorized by the Captain or the Port or ries, M/V COHO and Alaskan Marine his designated representatives. Highway Ferries. Large Passenger Ves- (c) Authority. In addition to 33 U.S.C. sel does not include vessels inspected 1231, the authority for this section in- and certificated under 46 CFR, Chapter cludes 33 U.S.C. 1226. I, Subchapter T such as excursion ves- (d) Enforcement period. This section sels, sight seeing vessels, dinner cruise will normally be enforced on the sec- vessels, and whale watching vessels. ond Saturday of August from 9:30 p.m. Large Passenger Vessel Security and (PDT) to 10:30 p.m. (PDT). Announce- Safety Zone is a regulated area of water ment of enforcement periods may be established by this section, sur- made by the methods described in 33 rounding large passenger vessels for a CFR 165.7, or any other reasonable 500-yard radius to provide for the secu- method. rity and safety of these vessels. [CGD13–03–013, 68 FR 42290, July 17, 2003] Navigable waters of the United States means those waters defined as such in § 165.1317 Security and Safety Zone; 33 CFR part 2. Large Passenger Vessel Protection, Puget Sound and adjacent waters, Navigation Rules means the Naviga- Washington. tion Rules, International—Inland. (a) Notice of enforcement or suspension Official Patrol means those persons of enforcement. The large passenger ves- designated by the Captain of the Port sel security and safety zone established to monitor a large passenger vessel se- by this section will be enforced only curity and safety zone, permit entry upon notice by the Captain of the Port into the zone, give legally enforceable Puget Sound. Captain of the Port orders to persons or vessels within the Puget Sound will cause notice of the zone and take other actions authorized enforcement of the large passenger ves- by the Captain of the Port. Persons au- sel security and safety zone to be made thorized in paragraph (l) to enforce this by all appropriate means to effect the section are designated as the Official widest publicity among the affected Patrol. segments of the public including publi- Public vessel means vessels owned, cation in the FEDERAL REGISTER as chartered, or operated by the United practicable, in accordance with 33 CFR States, or by a State or political sub- 165.7(a). Such means of notification division thereof.

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Washington Law Enforcement Officer (1) Permit vessels constrained by means any General Authority Wash- their navigational draft or restricted in ington Peace Officer, Limited Author- their ability to maneuver to pass with- ity Washington Peace Officer, or Spe- in 100 yards of a large passenger vessel cially Commissioned Washington Peace in order to ensure a safe passage in ac- Officer as defined in Revised Code of cordance with the Navigation Rules; Washington section 10.93.020. and (c) Security and safety zone. There is (2) Permit vessels that must transit established a large passenger vessel se- via a navigable channel or waterway to curity and safety zone extending for a pass within 100 yards of an anchored 500-yard radius around all large pas- large passenger vessel or within 25 senger vessels located in the navigable yards of a moored large passenger ves- waters of the United States in Puget Sound, WA, east of 123°30′ West Lon- sel with minimal delay consistent with gitude. [Datum: NAD 1983]. security. (d) Compliance. The large passenger (i) When a large passenger vessel ap- vessel security and safety zone estab- proaches within 100 yards of any vessel lished by this section remains in effect that is moored or anchored, the sta- around large passenger vessels at all tionary vessel must stay moored or an- times, whether the large passenger ves- chored while it remains within the sel is underway, anchored, or moored. large passenger vessel’s security and Upon notice of enforcement by the Cap- safety zone unless it is either ordered tain of the Port Puget Sound, the by, or given permission by the Captain Coast Guard will enforce the large pas- of the Port Puget Sound, his des- senger vessel security and safety zone ignated representative or the on-scene in accordance with rules set out in this official patrol to do otherwise. section. Upon notice of suspension of (j) Exemption. Public vessels as de- enforcement by the Captain of the Port fined in paragraph (b) of this section Puget Sound, all persons and vessels are exempt from complying with para- are authorized to enter, transit, and graphs (c), (d), (f), (g), (h), and (i), of exit the large passenger vessel security this section. and safety zone, consistent with the (k) Exception. 33 CFR part 161 con- Navigation Rules. tains Vessel Traffic Service regula- (e) The Navigation Rules shall apply at all times within a large passenger tions. When measures or directions vessel security and safety zone. issued by Vessel Traffic Service Puget (f) When within a large passenger Sound pursuant to 33 CFR part 161 also vessel security and safety zone all ves- apply, the measures or directions gov- sels must operate at the minimum ern rather than the regulations in this speed necessary to maintain a safe section. course and must proceed as directed by (l) Enforcement. Any Coast Guard the on-scene official patrol or large commissioned, warrant or petty officer passenger vessel master. No vessel or may enforce the rules in this section. person is allowed within 100 yards of a In the navigable waters of the United large passenger vessel that is underway States to which this section applies, or at anchor, unless authorized by the when immediate action is required and on-scene official patrol or large pas- representatives of the Coast Guard are senger vessel master. No vessel or per- not present or not present in sufficient son is allowed within 25 yards of a force to provide effective enforcement large passenger vessel that is moored. of this section in the vicinity of a large (g) To request authorization to oper- passenger vessel, any Federal Law En- ate within 100 yards of a large pas- forcement Officer or Washington Law senger vessel that is underway or at Enforcement Officer may enforce the anchor, contact the on-scene official rules contained in this section pursu- patrol or large passenger vessel master ant to 33 CFR 6.04–11. In addition, the on VHF-FM channel 16 or 13. (h) When conditions permit, the on- Captain of the Port may be assisted by scene official patrol or large passenger other federal, state or local agencies in vessel master should: enforcing this section.

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(m) Waiver. The Captain of the Port rounding large passenger vessels for a Puget Sound may waive any of the re- 500 yard radius that is necessary to quirements of this section for any ves- provide for the security and safety of sel or class of vessels upon finding that these vessels. a vessel or class of vessels, operational Navigable waters of the United States conditions or other circumstances are means those waters defined as such in such that application of this section is 33 CFR part 2. unnecessary or impractical for the pur- Navigation Rules means the Naviga- pose of port security, safety or environ- tion Rules, International-Inland. mental safety. Official Patrol means those persons designated by the Captain of the Port [CGD13–03–018, 69 FR 2068, Jan. 14, 2004; 69 FR 4245, Jan. 29, 2004] to monitor a large passenger vessel security and safety zone, permit entry § 165.1318 Security and Safety Zone into the zone, give legally enforceable Regulations, Large Passenger Ves- orders to persons or vessels with in the sel Protection, Captain of the Port zone and take other actions authorized Columbia River Zone by the Captain of the Port. Persons au- (a) Notice of enforcement or suspension thorized as Federal Law Enforcement of enforcement. The large passenger ves- Officers to enforce this section are des- sel security and safety zone established ignated as the Official Patrol. by this section will be enforced only Oregon Law Enforcement Officer upon notice by the Captain of the Port means any Oregon Peace Officer as de- Columbia River. Captain of the Port fined in Oregon Revised Statutes sec- Columbia River will cause notice of the tion 161.015. enforcement of the large passenger ves- Public vessel means vessels owned, sel security and safety zone to be made chartered, or operated by the United by all appropriate means to effect the States, or by a State or political sub- widest publicity among the affected division thereof. segments of the public including publi- Washington Law Enforcement Officer cation in the FEDERAL REGISTER as means any General Authority Wash- practicable, in accordance with 33 CFR ington Peace Officer, Limited Author- 165.7(a). Such means of notification ity Washington Peace Officer, or Spe- may also include but are not limited cially Commissioned Washington Peace to, Broadcast Notice to Mariners or Officer as defined in Revised Code of Local Notice to Mariners. The Captain Washington section 10.93.020. of the Port Columbia River will issue a (c) Security and safety zone. There is Broadcast Notice to Mariners and established a large passenger vessel se- Local Notice to Mariners notifying the curity and safety zone extending for a public when enforcement of the large 500 yard radius around all large pas- passenger vessel security and safety senger vessels in the navigable waters zone is suspended. of the United States, in Portland, OR (b) Definitions. As used in this sec- at the Columbia River Bar ‘‘C’’ buoy tion— and extending eastward on the Colum- Federal Law Enforcement Officer bia River to Kennewick, WA and means any employee or agent of the upriver through Lewiston, ID on the United States government who has the Snake River. authority to carry firearms and make (d) Compliance. The large passenger warrantless arrests and whose duties vessel security and safety zone estab- involve the enforcement of criminal lished by this section remains in effect laws of the United States. around large passenger vessels at all Large passenger vessel means any ves- times, whether the large passenger vessel over 100 feet in length (33 meters) sel is underway, anchored, or moored. carrying passengers for hire including, Upon notice of enforcement by the Cap- but not limited to, cruise ships, auto tain of the Port Columbia River, the ferries, passenger ferries, and excursion Coast Guard will enforce the large pas- vessels. senger vessel security and safety zone Large passenger vessel security and in accordance with rules set out in this safety zone is a regulated area of water, section. Upon notice of suspension of established by this section, sur- enforcement by the Captain of the Port

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Columbia River, all persons and vessels tive or the on-scene official patrol to are authorized to enter, transit, and do otherwise. exit the large passenger vessel security (j) Exemption. Public vessels as de- and safety zone, consistent with the fined in paragraph (b) of this section Navigation Rules. are exempt from complying with para- (e) Navigation Rules. The Navigation graphs (c), (d), (f), (g), (h), and (i), of Rules shall apply at all times within a this section. large passenger vessel security and (k) Enforcement. Any Coast Guard safety zone. commissioned, warrant or petty officer (f) Restrictions based on distance from may enforce the rules in this section. large passenger vessel. When within a In the navigable waters of the United large passenger vessel security and States to which this section applies, safety zone, all vessels shall operate at when immediate action is required and the minimum speed necessary to main- representatives of the Coast Guard are tain a safe course and shall proceed as not present or not present in sufficient directed by the on-scene official patrol force to provide effective enforcement or large passenger vessel master. No of this section in the vicinity of a large vessel or person is allowed within 100 passenger vessel, any Federal Law En- yards of a large passenger vessel that is forcement Officer, Oregon Law En- underway or at anchor, unless author- forcement Officer or Washington Law ized by the on-scene official patrol or Enforcement Officer may enforce the large passenger vessel master. rules contained in this section pursu- (g) Requesting authorization to operate ant to 33 CFR 6.04–11. In addition, the within 100 yards of large passenger vessel. Captain of the Port may be assisted by To request authorization to operate other federal, state or local agencies in within 100 yards of a large passenger enforcing this section. vessel that is underway or at anchor, (l) Waiver. The Captain of the Port contact the on-scene official patrol or Columbia River may waive any of the large passenger vessel master on VHF- requirements of this section for any FM channel 16 or 13. vessel or class of vessels upon finding (h) Maneuver-restricted vessels. When that a vessel or class of vessels, oper- conditions permit, the on-scene official ational conditions or other cir- patrol or large passenger vessel master cumstances are such that application should: of this section is unnecessary or im- (1) Permit vessels constrained by practical for the purpose of port secu- their navigational draft or restricted in rity, safety or environmental safety. their ability to maneuver to pass with- [CGD13–03–022, 68 FR 53679, Sept. 12, 2003, as in 100 yards of a large passenger vessel amended by USCG–2010–0351, 75 FR 48565, in order to ensure a safe passage in ac- Aug. 11, 2010] cordance with the Navigation Rules; and § 165.1319 Safety Zone Regulations, (2) Permit commercial vessels an- Seafair Blue Angels Air Show Per- chored in a designated anchorage area formance, Seattle, WA. to remain at anchor within 100 yards of (a) Enforcement period. This section a passing large passenger vessel; and will be enforced annually during the (3) Permit vessels that must transit last week in July and the first two via a navigable channel or waterway to weeks of August from 8 a.m. until 4 pass within 100 yards of an anchored p.m., each day during the event. The large passenger vessel. event will be one week or less in dura- (i) Stationary vessels. When a large tion. The specific dates during this passenger vessel approaches within 100 time frame will be published in the yards of any vessel that is moored or FEDERAL REGISTER. anchored, the stationary vessel must (b) Location. The following is a safety stay moored or anchored while it re- zone: All waters of Lake Washington, mains with in the large passenger ves- Washington State, enclosed by the fol- sel’s security and safety zone unless it lowing points: Near the termination of is either ordered by, or given permis- Roanoke Way 47°35′44″ N, 122°14′47″ W; sion by the Captain of the Port Colum- thence to 47°35′48″ N, 122°15′45″ W; bia River, his designated representa- thence to 47°36′02.1″ N, 122°15′50.2″ W;

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thence to 47°35′56.6″ N, 122°16′29.2″ W; Designated Representative means those thence to 47°35′42″ N, 122°16′24″ W; persons designated by the Captain of thence to the east side of the entrance the Port to monitor these security to the west highrise of the Interstate 90 zones, permit entry into these zones, bridge; thence westerly along the south give legally enforceable orders to per- side of the bridge to the shoreline on sons or vessels with in these zones and the western terminus of the bridge; take other actions authorized by the thence southerly along the shoreline to Captain of the Port. Persons author- Andrews Bay at 47°33′06″ N, 122°15′32″ W; ized in paragraph (g) to enforce this thence northeast along the shoreline of section and Vessel Traffic Service Bailey Peninsula to its northeast point Puget Sound (VTS) are Designated at 47°33′44″ N, 122°15′04″ W; thence eas- Representatives. terly along the east-west line drawn Federal Law Enforcement Officer tangent to Bailey Peninsula; thence means any employee or agent of the northerly along the shore of Mercer Is- United States government who has the land to the point of origin. [Datum: authority to carry firearms and make NAD 1983] warrantless arrests and whose duties (c) Regulations. In accordance with involve the enforcement of criminal the general regulations in 33 CFR Part laws of the United States. 165, Subpart C, no person or vessel may Navigable waters of the United States enter or remain in the zone except for means those waters defined as such in support vessels and support personnel, 33 CFR Part 2. vessels registered with the event orga- Public vessel means vessels owned, nizer, or other vessels authorized by chartered, or operated by the United the Captain of the Port or his des- States, or by a State or political sub- ignated representatives. Vessels and division thereof. persons granted authorization to enter Washington Law Enforcement Officer the safety zone shall obey all lawful or- means any General Authority Wash- ders or directions of the Captain of the ington Peace Officer, Limited Author- Port or his designated representatives. ity Washington Peace Officer, or Spe- cially Commissioned Washington Peace [CGD13–04–002, 69 FR 35250, June 24, 2004] Officer as defined in Revised Code of Washington section 10.93.020. § 165.1321 Security Zone; Protection of (c) Security zone. The following areas Military Cargo, Captain of the Port are security zones: Zone Puget Sound, WA. (1) Blair Waterway Security Zone: The (a) Notice of enforcement or suspension Security Zone in the Blair Waterway, of enforcement. The Captain of the Port Commencement Bay, WA, includes all Puget Sound will enforce the security waters enclosed by a line connecting zones established by this section only the following points: 47°16′57′′ N, upon notice. Captain of the Port Puget 122°24′39′′ W, which is approximately Sound will cause notice of the enforce- the beginning of Pier No. 23 (also ment of these security zone to be made known as the Army pier); then north- by all appropriate means to effect the westerly to 47°17′05′′ N, 122°24′52′′ W, widest publicity among the affected which is the end of the Pier No. 23 segments of the public including publi- (Army pier); then southwesterly to cation in the FEDERAL REGISTER as 47°16′42′′ N, 122°25′ 18′′ W, which is the practicable, in accordance with 33 CFR approximate location of a private buoy 165.7(a). Such means of notification on the end of the sewage outfall; then may also include but are not limited southeasterly to 47°16′33′′ N, 122°25′04′′ to, Broadcast Notice to Mariners or W, which is approximately the north- Local Notice to Mariners. The Captain western end of Pier No. 5; then north- of the Port Puget Sound will issue a easterly to the northwestern end of Broadcast Notice to Mariners and Pier No. 1; then southeasterly along Local Notice to Mariners notifying the the shoreline of the Blair Waterway to public when enforcement of these secu- the Blair Waterway turning basin; then rity zones is suspended. along the shoreline around the Blair (b) Definitions. The following defini- Waterway turning basin; then north- tions apply to this section: westerly along the shoreline of the

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Blair Waterway to the Commencement or a Designated Representative at least Bay Directional Light (light list num- 4 hours in advance. Vessels less than 20 ber 17159); then northeasterly along the meters in length should seek permis- shoreline to the point of origin. sion at least 1 hour in advance. VTS [Datum: NAD 1983]. Puget Sound may be reached on VHF (2) Sitcum Waterway Security Zone: channel 14. The Security Zone in the Sitcum Wa- (e) Compliance. Upon notice of en- terway, Commencement Bay, WA, in- forcement by the Captain of the Port cludes all waters enclosed by a line Puget Sound, the Coast Guard will en- connecting the following points: force these security zones in accord- 47°16′33′′ N, 122°25′04′′ W, which is ap- ance with rules set out in this section. proximately the northwestern end of Upon notice of suspension of enforce- Pier No. 5; then northwesterly to ment by the Captain of the Port Puget 47°16′42′′ N, 122°25′18′′ W, which is the ap- Sound, all persons and vessels are au- proximate location of a private buoy thorized to enter, transit, and exit on the end of the sewage outfall; then these security zones. southwesterly to 47°16′23′′ N, 122°25′36′′ (f) Regulations. Under the general reg- W; then southeasterly to 47°16′10′′ N, ulations in 33 CFR part 165 subpart D, 122°25′27′′ W, which is the northwestern this section applies to any vessel or corner of Pier No. 2; then extending person in the navigable waters of the northeasterly to 47°16′13′′ N, 122°25′13′′ United States to which this section ap- W; then extending southeasterly along plies. No person or vessel may enter the shoreline of the Sitcum Waterway; the security zones established in this then northeasterly along the shoreline section unless authorized by the Cap- at the terminus of the Sitcum Water- tain of the Port or his designated rep- way and then northwesterly along the resentatives. Vessels and persons shoreline of the Sitcum Waterway; granted permission to enter the secu- then northeasterly along the shoreline rity zone shall obey all lawful orders or of Pier No. 5 to the point of origin. directions of the Captain of the Port or [Datum: NAD 1983]. his designated representatives. All ves- (3) Budd Inlet Security Zone: The Se- sels shall operate at the minimum curity Zone in Budd Inlet, West Bay, speed necessary to maintain a safe Olympia WA includes all waters en- course. closed by a line connecting the fol- (g) Enforcement. Any Coast Guard lowing points: 47°03′12″ N, 122°54′21″ W, commissioned, warrant or petty officer which is approximately the north- may enforce the rules in this section. western end of the fence line enclosing In the navigable waters of the United Berth 1 at Port of Olympia; then north- States to which this section applies, erly to 47°03′15″ N, 122°54′21″ W, which is when immediate action is required and the approximate 300 feet north along representatives of the Coast Guard are the shoreline; then westerly to 47°03′15″ not present or not present in sufficient N, 122°54′26″ W; then southerly to force to provide effective enforcement 47°03′06″ N, 122°54′26″ W; then southeast- of this section, any Federal Law En- erly to 47°03′03″ N, 122°54′20″ W, which is forcement Officer or Washington Law approximately the end of the T-shaped Enforcement Officer may enforce the pier; then north to 47°03′04″ N, rules contained in this section pursu- 122°54′19.5″ W, which is approximately ant to 33 CFR 6.04–11. In addition, the the southwestern corner of berth 1; Captain of the Port may be assisted by then northerly along the shoreline to other federal, state or local agencies in the point of origin. [Datum: NAD 1983]. enforcing this section pursuant to 33 (d) Obtaining permission to enter, move CFR 6.04–11. within, or exit the security zones. All ves- (h) Exemption. Public vessels as de- sels must obtain permission from the fined in paragraph (b) of this section COTP or a Designated Representative are exempt from the requirements in to enter, move within, or exit the secu- this section. rity zones established in this section (i) Waiver. For any vessel, the Cap- when these security zones are enforced. tain of the Port Puget Sound may Vessels 20 meters or greater in length waive any of the requirements of this should seek permission from the COTP section, upon finding that operational

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conditions or other circumstances are 45°34′46″ N, 122°44′39″ W and back to the such that application of this section is point of origin. All coordinates ref- unnecessary or impractical for the pur- erence 1983 North American Datum pose of port security, safety or environ- (NAD 83). mental safety. (b) Regulations. (1) Anchoring, spud- [CGD13–04–019, 69 FR 52603, Aug. 27, 2004, as ding, dredging, laying cable, dragging, amended by CGD13–04–040, 69 FR 71711, Dec. trawling, conducting salvage oper- 10, 2004; CGD13–04–46, 70 FR 2019, Jan. 12, 2005; ations, operating commercial vessels of CGD13–05–031, 70 FR 45537, Aug. 8, 2005] any size, and operating recreational vessels greater than 30 feet in length § 165.1322 Regulated Navigation Area: are prohibited in the regulated area. Willamette River Portland, Captain of the Port Columbia River Zone. (2) All vessels transiting or accessing the regulated area shall do so at no (a) Location. The following is a regu- wake speed or at the minimum speed lated navigation area (RNA): All necessary to maintain steerage. waters of the Willamette River encompassed by a line commencing at [USCG–2008–0121, 74 FR 5991, Feb. 4, 2009] 45°34′.47″ N, 122°45′28″ W along the shoreline to 45°34′47″ N, 122°45′30″ W thence to § 165.1324 Safety and Security Zone; 45° 34′47″ N, 122°45′30″ W thence to Cruise Ship Protection, Elliott Bay and Pier-91, Seattle, Washington. 45°34′48″ N, 122°45′30″ W thence to 45°34′48″ N, 122°45′30″ W thence to (a) Safety and security zones. (1) The 45°34′48″ N, 122°45′28″ W thence to following area is a safety and security 45°34′47″ N, 122°45′28″ W and back to the zone: All waters within the following point of origin. All coordinates ref- points: a rectangle, starting at 47°37′53″ erence 1983 North American Datum N/122°23′07″ W, thence south to position (NAD 83). 47°37′06″ N/122°23′07″ W, thence east to (b) Regulations. (1) Motoring, anchor- position 47°37′06″ N/122°22′43″ W, thence ing, dragging, dredging, or trawling are north to position 47°37′58″ N/122°22′43″ prohibited in the regulated area. W. This zone will be enforced only dur- (2) All vessels transiting or accessing ing the arrival or departure of Large the regulated area shall do so at a no Passenger Cruise Vessels at Pier 91, Se- wake speed or at the minimum speed attle, Washington. necessary to maintain steerage. (2) The following area is a safety and security zone: All waters within 100 [USCG–2008–0112, 74 FR 5988, Feb. 4, 2009] yards of Pier 91, Seattle, Washington, § 165.1323 Regulated Navigation Area: at approximate position 47°37′35″ N/ Willamette River Captain of the 122°23′00″ W. This zone will be enforced Port Columbia River Zone. only when a Large Passenger Cruise (a) Location. The following is a regu- Vessel is moored at Pier 91. lated navigation area (RNA): All (b) Regulations. In accordance with waters of the Willamette River encom- the general regulations in 33 CFR Part passed by a line commencing at 165, Subpart D, no person or vessel may 45°34′.33″ N, 122°44′17″ W to 45°34′32″ N, enter or remain in either Safety and 122°44′18″ W thence to 45°34′35″ N, Security Zone except for vessels au- 122°44′24″ W thence to 45°34′35″ N, thorized by the Captain of the Port or 122°44′27″ W thence to 45°34′35″ N, Designated Representatives. 122°44′36″ W thence to 45°34′35″ N, (c) Definitions. The following defini- 122°44′37″ W thence to 45°34′38″ N, tions apply to this section: 122°44′42″ W to 45°34′39″ N, 122°44′43″ W Facility Security Officer means the thence to 45°34′44″ N, 122°44′51″ W thence person designated as responsible for to 45°34′45″ N, 122°44′53″ W thence to the development, implementation, re- 45°34′47’’ N, 122°44′51″ W thence to vision and maintenance of the facility 45°34′45″ N, 122°44′46″ W to 45°34′45″ N, security plan and for liaison with the 122°44′45″ W thence to 45°34′47″ N, COTP and Company and Vessel Secu- 122°44′43″ W thence to 45°34′46″ N, rity Officers. 122°44′42″ W thence to 45°34′48″ N, Large Passenger Cruise Vessel means 122°44′40’’ W thence to 45°34′48″ N, any cruise ship over 100 feet in length 122°44′38″ W and along the shoreline to carrying passengers for hire. Large

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Passenger Cruise Vessel does not in- § 165.1325 Regulated Navigation Areas; clude vessels inspected and certificated Bars Along the Coasts of Oregon under 46 CFR, Chapter I, Subchapter T and Washington. such as excursion vessels, sight seeing (a) Regulated navigation areas. Each of vessels, dinner cruise vessels, and the following areas is a regulated navi- whale watching vessels. gation area: Official Patrol means those persons (1) Quillayute River Entrance, Wash.: designated by the Captain of the Port From the west end of James Island to monitor a Large Passenger Cruise 47°54′23′ N., 124°39′05′ W. southward to ° ′ ′ ° ′ ′ Vessel security and safety zone, permit buoy No. 2 at 47 53 42 N., 124 38 42 W. ° ′ ′ entry into the zone, give legally en- eastward to the shoreline at 47 53 42 N., 124°37′51′ W., thence northward along forceable orders to persons or vessels the shoreline to 47°54′29′ N., 124°38′20′ W. within the zone and take other actions thence northward to 47°54′36′ N., authorized by the Captain of the Port. 124°38′22′ W. thence westward to the be- Persons authorized in paragraph (e) to ginning. enforce this section are designated as (2) Grays Harbor Entrance, Wash.: the Official Patrol. From a point on the shoreline at (d) Authorization. To request author- 46°59′00″ N., 124°10′10″ W. westward to ization to operate within 100 yards of a 46°59′00″ N., 124°15′30″ W. thence south- Large Passenger Cruise Vessel that is ward to 46°51′00″ N., 124°15′30″ W. thence moored at Pier 91, contact the on-scene eastward to a point on the shoreline at Official Patrol on VHF–FM channel 16 46°51′00″ N., 124°06′40″ W. thence north- or 13 or the Facility Security Officer at ward along the shoreline to a point at (206) 728–3688. the south jetty 46°54′20″ N., 124°08′07″ W. (e) Enforcement. Any Coast Guard thence eastward to 46°54′10″ N., commissioned, warrant or petty officer 124°05′00″ W. thence northward to may enforce the rules in this section. 46°55′00″ N., 124°03′30″ W. thence In the navigable waters of the United northwestward to Damon Point at ° ′ ″ ° ′ ″ States to which this section applies, 46 56 50 N., 124 06 30 W. thence west- when immediate action is required and ward along the north shoreline of the ° ′ ″ representatives of the Coast Guard are harbor to the north jetty at 46 55 40 N., 124°10′27″ W. thence northward along not present or not present in sufficient the shoreline to the beginning. force to provide effective enforcement (3) Willapa Bay, Wash.: From a point of this section in the vicinity of a on the shoreline at 46°46′00″ N., Large Passenger Cruise Vessel, any 124°05′40″ W. westward to 46°44′00″ N., Federal or Washington Law Enforce- 124°10′45″ W. thence eastward to a point ment Officer may enforce the rules on the shoreline at 46°35′00″ N., contained in this section pursuant to 33 124°03′45″ W. thence northward along CFR 6.04–11. In addition, the Captain of the shoreline around the north end of the Port may be assisted by other Fed- Leadbetter Point thence southward eral, state or local agencies in enforc- along the east shoreline of Leadbetter ing this section. Point to 46°36′00″ N., 124°02′15″ W. (f) Waiver. The Captain of the Port thence eastward to 46°36′00″ N., Puget Sound may waive any of the re- 124°00′00″ W. thence northward to Toke quirements of this section for any ves- point at 46°42′15″ N., 123°58′00″ W. thence sel or class of vessels upon finding that westward along the north shoreline of a vessel or class of vessels, operational the harbor and northward along the conditions or other circumstances are seaward shoreline to the beginning. such that application of this section is (4) Columbia River Bar, Wash.-Oreg.: unnecessary or impractical for the pur- From a point on the shoreline at ° ′ ″ ° ′ ″ pose of port security, safety or environ- 46 18 00 N., 124 04 39 W. thence west- ° ′ ″ ° ′ ″ mental safety. ward to 46 18 00 N., 124 09 30 W. thence southward to 46°12′00″ N., 124°09′30″ W. [USCG–2009–0331, 74 FR 42028, Aug. 20, 2009] thence eastward to a point on the shoreline at 46°12′00″ N., 123°59′33″ W. thence eastward to Tansy Point Range Front Light at 46°11′16″ N., 123°55′05″ W.;

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thence northward to Chinook Point at ward along the shoreline to 44°55′35″ N., 46°15′08″ N., 123°55′25″ W. thence 124°01′25″ W. thence northward to a northwestward to the north end of point on the north shoreline of the har- Sand Island at 46°17′29″ N., 124°01′25″ W. bor at 44°55′45″ N., 124°01′20″ W. thence thence southwestward to a point on the westward and northward along the north shoreline of the harbor at shoreline to the beginning. 46°16′25″ N., 124°02′28″ W. thence (9) Depoe Bay Bar, Oreg.: From a northwestward and southwestward point on the shoreline at 44°49′15″ N., along the north shoreline of the harbor 124°04′00″ W. thence westward to and northward along the seaward 44°49′15″ N., 124°04′35″ W. thence south- shoreline to the beginning. ward to 44°47′55″ N., 124°04′55″ W. thence (5) Nehalem River Bar, Oreg.: From a eastward to a point on the shoreline at point on the shoreline 45°41′25″ N., 44°47′53″ N., 124°04′25″ W. thence north- 123°56′16″ W. thence westward 45°41′25″ ward along the shoreline and eastward N., 123°59′00″ W. thence southward to along the south bank of the entrance 45°37′25″ N., 123°59′00″ W. thence east- channel to the highway bridge thence ward to a point on the shoreline at northward to the north bank at the ° ′ ″ ° ′ ″ 45 37 25 N., 123 56 38 W. thence north- bridge thence westward along the ward along the shoreline to the north north bank of the entrance channel and ° ′ ″ end of the south jetty at 45 39 40 N., northward along the seaward shoreline ° ′ ″ 123 55 45 W. thence westward to a point to the beginning. ° ′ ″ on the shoreline at 45 39 45 N., (10) Yaquina Bay Bar, Oreg.: From a 123°56′19″ W. thence northward along point on the shoreline at 44°38′11″ N., the shoreline to the beginning. 124°03′47″ W. thence westward to (6) Tillamook Bay Bar, Oreg.: From a 44°38′11″ N., 124°05′55″ W. thence south- point on the shoreline at 45°35′15″ N., ward to 44°35′15″ N., 124°06′05″ W. thence 123°57′05″ W. thence westward 45°35′15″ eastward to a point on the shoreline at N., 124°00′00″ W. thence southward to 44°35′15″ N., 124°04′02″ W. thence north- 45°30′00″ N., 124°00′00″ W. thence eastward along the shoreline and eastward ward to a point on the shoreline at along the south bank of the entrance 45°30′00″ N., 123°57′40″ W. thence north- channel to the highway bridge thence ward along the shoreline to the north northward to the north bank of the en- end of Kincheloe Point at 45°33′30″ N., 123°56′05″ W. thence northward to a trance channel at the bridge thence point on the north shoreline of the har- westward along the north bank of the bor at 45°33′40″ N., 123°55′59″ W. thence entrance channel and northward along westward along the north shoreline of the seaway shoreline to the beginning. the harbor then northward along the (11) Siuslaw River Bar, Oreg.: From a seaward shoreline to the beginning. point on the shoreline at 44°02′00″ N., (7) Netarts Bay Bar, Oreg.: From a 124°08′00″ W. thence westward to point on the shoreline at 45°28′05″ N. 44°02′00″ N., 124°09′30″ W. thence south- thence westward to 45°28′05″ N., ward to 44°00′00″ N., 124°09′30″ W. thence 124°00′00″ W. thence southward to eastward to a point on the shoreline at 45°24′00″ N., 124°00′00″ W. thence east- 44°00′00″ N., 124°08′12″ W. thence northward to a point on the shoreline at ward along the shoreline and south- 45°24′00″ N., 123°57′45″ W. thence northward along the west bank of the en- ward along the shoreline to 45°26′03″ N., trance channel to 44°00′35″ N., 124°07′48″ 123°57′15″ W. thence eastward to a point W. thence southeastward to a point on on the north shoreline of the harbor at the east bank of the entrance channel 45°26′00″ N., 123°56′57″ W. thence north- at 44°00′20″ N., 124°07′31″ W. thence ward along the shoreline to the begin- northward along the east bank of the ning. entrance channel and northward along (8) Siletz Bay Bar, Oreg.: From a the seaward shoreline to the beginning. point on the shoreline at 44°56′32″ N., (12) Umpqua River Bar, Oreg.: From a 124°01′29″ W. thence westward to point on the shoreline at 43°41′20″ N., 44°56′32″ N., 124°03′00″ W. thence south- 124°11′58″ W. thence westward to ward to 44°54′40″ N., 124°03′15″ W. thence 43°41′20″ N., 124°13′32″ W thence southeastward to a point on the shoreline at ward to 43°38′35″ N., 124°14′25″ W. thence 44°54′40″ N., 124°01′55″ W. thence northeastward to a point on the shoreline at

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43°38′35″ N., 124°12′35″ W. thence north- highway bridge thence westward along ward along the shoreline to the naviga- the north shoreline of the entrance tional light ‘‘6’’ located on the jetty at channel thence northward along the 43°40′11″ N., 124°11′56″ W. thence north- seaward shoreline to the beginning. ward to a point on the north bank of (16) Chetco River Bar, Oreg.: From a the entrance channel at 43°40′33″ N., point on the shoreline at 42°02′35′ N., 124°11′56″ W. thence southwestward 124°17′20′ W. thence southeastward to along the north bank of the entrance 42°01′45′ N., 124°16′30′ W. thence channel thence northward along the northwestward to a point on the shore- seaward shoreline to the beginning. line at 42°02′10′ N., 124°15′35′ W. thence (13) Coos Bay Bar, Oreg.: From a northwestward along the shoreline point on the shoreline at 43°22′15′ N., thence northward along the east shore- 124°19′34′ W. thence westward to 43°22′20′ line of the channel entrance to 42°02′47′ N., 124°22′28′ W. thence southwestward N., 124°16′03′ W. thence northward along to 43°21′00′ N., 124°23′35′ W. thence the west face of the inner jetty and southeastward to a point on the shore- east shoreline of the channel entrance line at 43°20′25′ N., 124°22′28′ W. thence to the highway bridge thence westward northward along the shoreline and to the west shoreline of the channel at eastward along the south shore of the the highway bridge thence southward entrance channel to a point on the along the west shoreline of the channel shoreline at 43°20′52′ N., 124°19′12′ W. thence westward along the seaward thence eastward to a point on the east shoreline to the beginning. ° ′ ′ shoreline of the harbor at 43 21 00 N., (b) Definitions. For the purposes of ° ′ ′ 124 18 50 W. thence northward to a this section: point on the west shoreline of the har- (1) Bar closure means that the oper- bor at 43°21′45′ N., 124°19′10′ W. thence ation of any vessel within a regulated south and west along the west shore- navigation area established in para- line of the harbor thence northward graph (a) of this section has been pro- along the seaward shoreline to the be- hibited by the Coast Guard. ginning. (14) Coquille River Bar, Oreg.: From a (2) Bar crossing plan (also known as a point on the shoreline at 43°08′25′ N., Go/No-Go plan) means a plan developed 124°25′04′ W. thence southwestward to by local industry professionals, in co- 43°07′50′ N., 124°27′05′ W. thence south- ordination with the Coast Guard, for a westward to 43°07′03′ N., 124°28′25′ W. bar within a regulated navigation area thence eastward to a point on the established in paragraph (a) of this sec- shoreline at 43°06′00′ N., 124°25′55′ W. tion and adopted by the master or op- thence northward along the shoreline erator of a small passenger vessel to and eastward along the south shoreline guide his vessel’s operations on and in of the channel entrance to 43°07′17′ N., the vicinity of that bar. 124°25′00′ W. thence northward to the (3) Bar restriction means that oper- east end of the north jetty at 43°07′24′ ation of a recreational or uninspected N., 124°24′59′ W. thence westward along passenger vessel within a regulated the north shoreline of the entrance navigation area established in para- channel and northward along the sea- graph (a) of this section has been pro- ward shoreline to the beginning. hibited by the Coast Guard. (15) Rogue River Bar, Oreg.: From a (4) Commercial fishing industry vessel point on the shoreline at 42°26′25′ N., means a fishing vessel, fish tender ves- 124°26′03′ W. thence westward to 42°26′10′ sel, or a fish processing vessel. N., 124°27′05′ W. thence southward to (5) Designated representative means 42°24′15′ N., 124°27′05′ W. thence east- any Coast Guard commissioned, war- ward to a point on the shoreline at rant, or petty officer that has been au- 42°24′15′ N., 124°25′30′ W. thence north- thorized by the Captain of the Port to ward along the shoreline and eastward act on his behalf. along the south shoreline of the en- (6) Fish processing vessel means a ves- trance channel to the highway bridge sel that commercially prepares fish or thence northward across the inner har- fish products other than by gutting, de- bor jetty to a point on the north shore- capitating, gilling, skinning, shucking, line of the entrance channel at the icing, freezing, or brine chilling.

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(7) Fish tender vessel means a vessel F = The minimum freeboard when measured that commercially supplies, stores, re- in feet from the lowest point along the frigerates, or transports fish, fish prod- upper strake edge to the surface of the ucts, or materials directly related to water. fishing or the preparation of fish to or W = Maximum wave height in feet to the nearest highest whole number. from a fishing, fish processing, or fish tender vessel or a fish processing facil- (c) Regulations—(1)(i) Bar restriction. ity. Passage across the bars located in the (8) Fishing vessel means a vessel that regulated navigation areas established commercially engages in the catching, in paragraph (a) of this section will be taking, or harvesting of fish or an ac- restricted for recreational and tivity that can reasonably be expected uninspected passenger vessels as deter- to result in the catching, taking, or mined by the Captain of the Port harvesting of fish. (COTP) or his designated representa- (9) Readily accessible means equip- tive. In making this determination, the ment that is taken out of stowage and COTP or his designated representative is available within the same space as will determine whether an unsafe con- any person for immediate use during dition exists for such vessels as defined an emergency. in paragraph (b) of this section. Addi- (10) Recreational vessel is any vessel tionally, the COTP or his designated manufactured or used primarily for representative will use their profes- non-commercial use or leased, rented, sional maritime experience and knowl- or chartered to another for the latter’s edge of local environmental conditions non-commercial use. It does not in- in making their determination. Fac- clude a vessel engaged in carrying pay- tors that will be considered include, ing passengers. but are not limited to: size and type of (11) Small passenger vessel means a vessel, sea state, winds, wave period, vessel inspected under 46 CFR sub- and tidal currents. When a bar is re- chapter T or 46 CFR subchapter K. stricted, the operation of recreational (12) Uninspected passenger vessel and uninspected passenger vessels in means an uninspected vessel— the regulated navigation area estab- (i) Of at least 100 gross tons; lished in paragraph (a) of this section (A) Carrying not more than 12 pas- in which the restricted bar is located is sengers, including at prohibited unless specifically author- least one passenger-for-hire; or ized by the COTP or his designated rep- (B) That is chartered with the crew resentative. provided or specified by the owner or (ii) Bar closure. The bars located in the owner’s representative and car- the regulated navigation areas estab- rying not more than 12 passengers; or lished in paragraph (a) of this section (ii) Of less than 100 gross tons; will be closed to all vessels whenever (A) Carrying not more than six pas- environmental conditions exceed the sengers, including at least one pas- operational limitations of the relevant senger-for-hire; or (B) That is chartered with the crew Coast Guard search and rescue re- provided or specified by the owner or sources as determined by the COTP. the owner’s representative and car- When a bar is closed, the operation of rying not more than six passengers. any vessel in the regulated navigation (13) Unsafe condition exists when the area established in paragraph (a) of wave height within a regulated naviga- this section in which the closed bar is tion area identified in paragraph (a) of located is prohibited unless specifically this section is equal to or greater than authorized by the COTP or his des- the maximum wave height determined ignated representative. For bars having by the formula L/10 + F = W where: deep draft vessel access, the COTP will consult with the local pilots associa- L = Overall length of a vessel measured in tion, when practicable, prior to closing feet in a straight horizontal line along the affected bar. and parallel with the centerline between the intersections of this line with the (iii) The Coast Guard will notify the vertical planes of the stem and stern pro- public of bar restrictions and bar clo- files excluding deckhouses and equip- sures via a Broadcast Notice to Mari- ment. ners on VHF–FM Channel 16 and 22A.

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Additionally, Coast Guard personnel for/to all persons located in any en- may be on-scene to advise the public of closed areas of their vessel: any bar restrictions and/or closures. (A) When crossing the bar and a bar (2) Safety requirements for recreational restriction exists for recreational ves- vessels. The operator of any rec- sels or uninspected passenger vessels of reational vessel operating in a regu- the same length or lated navigation area established in (B) Whenever their vessel is being paragraph (a) of this section shall en- towed or escorted across the bar by the sure that whenever their vessel is being Coast Guard. towed or escorted across a bar by the (ii) Small passenger vessels with bar Coast Guard all persons located in any unenclosed areas of their vessel are crossing plans that have been reviewed wearing lifejackets and that lifejackets by and accepted by the Officer in are readily accessible for/to all persons Charge, Marine Inspection (OCMI) are located in any enclosed areas of their exempt from the safety requirements vessel. provided in paragraph (c)(4)(i) of this (3) Safety requirements for Uninspected section during the conditions described Passenger Vessels (UPV). (i) The master in paragraph (c)(4)(i)(A) of this section or operator of any uninspected pas- so long as when crossing the bar the senger vessel operating in a regulated master or operator ensures that all navigation area established in para- persons on their vessel wear lifejackets graph (a) of this section shall ensure in accordance with their bar crossing that all persons located in any plan. If the vessel’s bar crossing plan unenclosed areas of their vessel are does not specify the conditions when wearing lifejackets and that lifejackets the persons on their vessel must wear are readily accessible for/to all persons lifejackets, however, then the master located in any enclosed areas of their or operator must comply with the safe- vessel: ty requirements provided in paragraph (A) When crossing the bar and a bar (c)(4)(i) of this section in their en- restriction exists for recreational ves- tirety. sels of the same length or (iii) The master or operator of any (B) Whenever their vessel is being small passenger vessel operating in a towed or escorted across the bar by the regulated navigation area established Coast Guard. (ii) The master or operator of any in paragraph (a) of this section during uninspected passenger vessel operating the conditions described in paragraph in a regulated navigation area estab- (c)(4)(i)(A) of this section shall contact lished in paragraph (a) of this section the Coast Guard on VHF–FM Channel during the conditions described in 16 or 22A prior to crossing the bar be- paragraph (c)(3)(i)(A) of this section tween sunset and sunrise. The master shall contact the Coast Guard on VHF– or operator shall report the following: FM Channel 16 or 22A prior to crossing (A) Vessel name, the bar between sunset and sunrise. (B) Vessel location or position, The master or operator shall report the (C) Number of persons onboard the following: vessel, and (A) Vessel name, (D) Vessel destination. (B) Vessel location or position, (5) Safety requirements for Commercial (C) Number of persons onboard the Fishing Vessels (CFV). (i) The master or vessel, and operator of any commercial fishing (D) Vessel destination. vessel operating in a regulated naviga- (4) Safety requirements for Small Pas- tion area established in paragraph (a) senger Vessels (SPV). (i) The master or operator of any small passenger vessel of this section shall ensure that all per- operating in a regulated navigation sons located in any unenclosed areas of area established in paragraph (a) of their vessel are wearing lifejackets or this section shall ensure that all per- immersion suits and that lifejackets or sons located in any unenclosed areas of immersion suits are readily accessible their vessel are wearing lifejackets and for/to all persons located in any en- that lifejackets are readily accessible closed spaces of their vessel:

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(A) When crossing the bar and a bar 45° 36′ 01.795″ N/122° 46′ 21.442″ W thence restriction exists for recreational ves- to 45° 36′ 01.861″ N 122° 46′ 20.995″ W. sels or uninspected passenger vessels of (2) All waters of the Willamette River the same length or in Wheeler Bay between Slip 1 and Slip (B) Whenever their vessel is being 3 in the Port of Portland’s Terminal 4, towed or escorted across the bar by the encompassed by a line commencing at Coast Guard. 45° 36′ 10.634″ N/122° 46′ 39.056″ W thence (ii) The master or operator of any to 45° 36′ 10.269″ N/122° 46′ 37.140″ W commercial fishing vessel operating in thence to 45° 36′ 10.027″ N/122° 46′ 36.050″ a regulated navigation area established W thence to 45° 36′ 09.722″ N/122° 46′ in paragraph (a) of this section during 34.181″ W thence to 45° 36′ 09.425″ N/122° ′ ″ ° ′ ″ the conditions described in paragraph 46 33.118 W thence to 45 36 08.960 N/ ° ′ ″ ° ′ ″ (c)(5)(i)(A) of this section shall contact 122 46 32.150 W thence to 45 36 08.653 ° ′ ″ ° ′ the Coast Guard on VHF–FM Channel N/122 46 31.681 W thence to 45 36 ″ ° ′ ″ ° 16 or 22A prior to crossing the bar be- 08.191 N/122 46 31.341 W thence to 45 ′ ″ ° ′ ″ tween sunset and sunrise. The master 36 07.886 N/122 46 31.269 W thence to ° ′ ″ ° ′ ″ or operator shall report the following: 45 36 07.517 N/122 46 31.038 W thence to 45° 36′ 07.235″ N/122° 46′ 31.066″ W (A) Vessel name, thence to 45° 36′ 07.040″ N/122° 46′ 30.941″ (B) Vessel location or position, W thence to 45° 36′ 06.697″ N/122° 46′ (C) Number of persons onboard the 30.987″ W thence to 45° 36′ 06.509″ N/122° vessel, and 46′ 31.251″ W thence to 45° 36′ 06.201″ N/ (D) Vessel destination. 122° 46′ 31.517″ W thence to 45° 36′ 06.081″ (6) All persons and vessels within the N/122° 46′ 1.812″ W thence to 45° 36′ regulated navigation areas established 06.550″ N/122° 46′ 32.124″ W thence to 45° in paragraph (a) of this section must 36′ 06.970″ N/122° 46′ 31.895″ W thence to comply with the orders of Coast Guard 45° 36′ 07.172″ N/122° 46′ 31.868″ W thence personnel. Coast Guard personnel in- to 45° 36′ 07.883″ N/122° 46′ 32.316″ W clude commissioned, warrant, and thence to 45° 36′ 08.370″ N/122° 46′ 32.927″ petty officers of the United States W thence to 45° 36′ 08.775″ N/122° 46′ Coast Guard. 33.888″ W thence to 45° 36′ 09.121″ N/122° ′ ″ ° ′ ″ [USCG–2008–1017, 74 FR 59101, Nov. 17, 2009, as 46 35.337 W thence to 45 36 09.230 N/ amended at 75 FR 10688, Mar. 9, 2010; 75 FR 122° 46′ 36.166″ W thence to 45° 36′ 09.442″ 18055, Apr. 9, 2010; 75 FR 41988, July 20, 2010] N/122° 46′ 37.759″ W thence to 45° 36′ 09.865″ N/122° 46′ 39.511″ W thence to 45° § 165.1326 Regulated Navigation Areas; 36′ 10.421″ N/122° 46′ 39.469″ W thence to Port of Portland Terminal 4, Wil- 45° 36′ 10.634″ N/122° 46′ 39.056″ W. lamette River, Portland, OR. (b) Regulations. All vessels are prohib- (a) Regulated navigation areas. Each of ited from anchoring, dragging, dredg- the following areas is a regulated navi- ing, or trawling in the regulated navigation area: gation areas established in paragraph (1) All waters of the Willamette River (a) of this section. in the head of the Port of Portland’s [USCG–2009–0370, 75 FR 20525, Apr. 20, 2010] Terminal 4 Slip 3, encompassed by a line commencing at 45° 36′ 01.861″ N/ § 165.1327 Security Zone; escorted U.S. 122°46′ 20.995″ W thence to 45° 36′ 01.455 Navy submarines in Sector Seattle N/122° 46′ 20.887″ W thence to 45° 36′ Captain of the Port Zone. 00.993″ N/122° 46′ 20.714″ W thence to 45° (a) Location. The following area is a 36′ 00.725″ N/122° 46′ 20.923″ W thence to security zone: All waters within 1000 45° 36′ 00.731″ N/122° 46′ 21.262″ W thence yards of any U.S. Navy submarine that to 45° 36′ 00.712″ N/122° 46′ 21.823″ W is operating in the Sector Puget Sound thence to 45° 36′ 01.230″ N/122° 46′ 22.048″ Captain of the Port Zone, as defined in W thence to 45° 36′ 01.651″ N/122° 46′ 33 CFR Section 3.65–10, and is being es- 22.168″ W thence to 45° 36′ 01.684″ N/122° corted by the Coast Guard. 46′ 22.372″ W thence to 45° 36′ 01.873″ N/ (b) Regulations. In accordance with 122° 46′ 22.303″ W thence to 45° 36′ 02.065″ the general regulations in 33 CFR Sec- N/122° 46′ 21.799″ W thence to 45° 36′ tion 165, Subpart D, no person or vessel 01.989″ N/122° 46′ 21.574″ W thence to 45° may enter or remain in the security 36′ 01.675″ N/122° 46′ 21.483″ W thence to zone created by paragraph (a) of this

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section unless authorized by the Coast § 165.1329 Regulated Navigation Area; Guard patrol commander. The Coast Thea Foss and Wheeler-Osgood Wa- Guard patrol commander will coordi- terways EPA Superfund Cleanup nate with Vessel Traffic System users Site, Commencement Bay, Tacoma, on a case-by-case basis to make appro- WA. priate passing arrangements under the (a) Regulated areas. The following circumstances. 33 CFR Section 165, areas are regulated navigation areas: Subpart D, contains additional provi- (1) All waters of the Thea Foss Wa- sions applicable to the security zone terway bounded by a line connecting created in paragraph (a) of this section. the following points: Point 1: (c) Notification. The Coast Guard se- 47°15′43.49″ N, 122°26′23.29″ W; Point 2: ° ′ ″ ° ′ ″ curity escort will attempt, when nec- 47 15 44.59 N, 122 26 19.89 W; Point 3: ° ′ ″ ° ′ ″ essary and practicable, to notify any 47 15 39.01 N, 122 26 15.99 W; Point 4: ° ′ ″ ° ′ ″ persons or vessels inside or in the vi- 47 15 37.91 N, 122 26 19.39 W. [Datum: cinity of the security zone created in NAD 1983]. paragraph (a) of this section of its ex- (2) All waters of the Thea Foss Wa- istence via VHF Channel 16 and/or any terway bounded by a line connecting other means reasonably available. the following points: Point 1: 47°15′22.74″ N, 122°25′57.15″ W; Point 2: [USCG–2009–1057, 75 FR 28204, May 20, 2010, as 47°15′22.52″ N, 122°26′0.18″ W; Point 3: amended by USCG–2010–0351, 75 FR 47212, 47°15′18.05″ N, 122°25′59.48″ W; Point 4: Aug. 5, 2010] 47°15′18.26″ N, 122°25′56.45″ W. [Datum: NAD 1983]. § 165.1328 Regulated Navigation Area; (3) All waters of the Thea Foss and U.S. Navy submarines, Hood Canal, Wheeler-Osgood Waterways south of a WA. line bounded by connecting the fol- (a) Location. The following area is a lowing points: Point 1: 47°15′13.94″ N, regulated navigation area (RNA): All 122°26′05.56″ W; Point 2: 47°15′15.01″ N, waters of the Hood Canal in the State 122°25′55.14″ W. [Datum: NAD 1983]. of Washington whenever any U.S. Navy (b) Regulations. (1) All vessels and submarine is operating in the Hood persons are prohibited from activities Canal and is being escorted by the that would disturb the seabed, such as Coast Guard. For purposes of this sec- anchoring, dragging, trawling, spud- tion, ‘‘Hood Canal’’ means all waters of ding, or other activities that involve Hood Canal, including Dabob Bay, lo- disrupting the integrity of the sedi- cated between two lines with the first ment caps installed in the designated line connecting positions 47°37.9′ N, regulated navigation area, pursuant to 122°57.1′ W and 47°37.9′ N, 122°52.9′ W and the remediation efforts of the U.S. En- the second line connecting positions vironmental Protection Agency (EPA) 48°00.7′ N, 122°41.0′ W and 47°56.4′ N, and others in the Thea Foss and Wheel- 122°36.9′ W er-Osgood Waterways EPA superfund (b) Regulations. All persons and ves- cleanup site. Vessels may otherwise sels located within the RNA created by transit or navigate within this area paragraph (a) of this section shall fol- without reservation. low all lawful orders and/or directions (2) The prohibition described in para- given to them by Coast Guard security graph (b)(1) of this section does not escort personnel. 33 CFR Section 165, apply to vessels or persons engaged in Subpart B, contains additional provi- activities associated with remediation sions applicable to the RNA created in efforts in the Thea Foss or Wheeler- paragraph (a) of this section. Osgood Waterways superfund sites, pro- (c) Notification. The Coast Guard se- vided that the Captain of the Port, curity escort will attempt, when nec- Puget Sound (COTP), is given advance essary and practicable, to notify any notice of those activities by the EPA. persons or vessels in the RNA created (c) Waiver. Upon written request stat- in paragraph (a) of this section of its ing the need and proposed conditions of the waiver, and any proposed pre- existence via VHF Channel 16 and/or cautionary measures, the COTP may any other means reasonably available. authorize a waiver from this section if [USCG–2009–1058, 75 FR 27640, May 18, 2010] the COTP determines that the activity

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for which the waiver is sought can take (c) Authorization. In order to transit place without undue risk to the reme- through this safety zone, authorization diation efforts described in paragraph must be granted by the Captain of the (b)(1) of this section. The COTP will Port, Puget Sound, or their Designated consult with EPA in making this deter- Representative. All vessel operators de- mination when necessary and prac- siring entry into this safety zone shall ticable. gain authorization by contacting either the on-scene U.S. Coast Guard pa- [USCG–2008–0747, 75 FR 76281, Dec. 8, 2010] trol craft on VHF Ch 13 or Ch 16, or Coast Guard Sector Puget Sound Joint § 165.1330 Safety Zone; Fleet Week Harbor Operations Center (JHOC) via Maritime Festival, Pier 66, Elliott Bay, Seattle, Washington. telephone at (206) 217–6002. Requests shall indicate the reason why move- (a) Location. The following area is a ment within the safety zone is nec- safety zone: All waters extending 100 essary and the vessel’s arrival and/or yards from Pier 66, Elliott Bay, WA departure facility name, pier and/or within a box encompassed by the berth. Vessel operators granted permis- points, 47°36.719′ N, 122°21.099′ W; sion to enter this safety zone will be 47°36.682′ N, 122°21.149′ W; 47°36.514′ N, escorted by the on-scene patrol until 122°20.865′ W; and 47°36.552′ N, 122°20.814′ no longer within the safety zone. W. (d) Enforcement period. This rule is en- (b) Regulations. In accordance with forced annually during the parade of the general regulations in 33 CFR Part ships which typically occurs on a 165, Subpart C, no vessel operator may Wednesday during the last week of enter, transit, moor, or anchor within July or the first week in August from this safety zone, except for vessels au- 8 a.m. until 8 p.m. unless cancelled thorized by the Captain of the Port or sooner by the Captain of the Port. Designated Representative, thirty min- [USCG–2010–0062, 76 FR 30018, May 24, 2011] utes prior to the beginning, during and thirty minutes following the conclu- § 165.1332 Safety Zones; annual fire- sion of the Parade of Ships. For the work displays within the Captain of purpose of this rule, the Parade of the Port, Puget Sound Area of Re- Ships includes both the pass and review sponsibility. of the ships near Pier 66 and the aerial (a) Safety Zones. The following areas demonstrations immediately following are designated safety zones: the pass and review. The Captain of the (1) All waters of Puget Sound, Wash- Port may be assisted by other federal, ington, extending to a 450 yard radius state, or local agencies as needed. from the following launch sites:

CAPTAIN OF THE PORT PUGET SOUND AOR ANNUAL FIREWORK DISPLAYS

Event name (typically) Event location Latitude Longitude

Steilacoom Annual Fireworks ...... Steilacoom ...... 47° 10.4′ N 122° 36.2′ W Tacoma Freedom Fair ...... Commencement Bay ...... 47° 16.817′ N 122° 27.933′ W City of Anacortes Fireworks ...... Fidalgo Bay ...... 47° 17.1′ N 122° 28.4′ W Alderbrook Resort & Spa Fireworks ...... Hood Canal ...... 47° 21.033′ N 123° 04.1′ W Fireworks Display ...... Henderson Bay ...... 47° 21.8′ N 122° 38.367′ W Des Moines Fireworks ...... Des Moines ...... 47° 24.117′ N 122° 20.033′ W Three Tree Point Community Fireworks .... Three Tree Point ...... 47° 27.033′ N 122° 23.15′ W City of Renton Fireworks ...... Renton, Lake Washington ...... 47° 29.986′ N 122° 11.85′ W Port Orchard Fireworks ...... Port Orchard ...... 47° 32.883′ N 122° 37.917′ W Chimes and Lights ...... Port Orchard ...... 47° 32.75′ N 122° 38.033′ W Seattle Seafair ...... Lake Washington ...... 47° 34.333′ N 122° 16.017′ W Mercer Island Celebration ...... Mercer Island ...... 47° 35.517′ N 122° 13.233′ W Medina Days ...... Medina Park ...... 47° 36.867′ N 122° 14.5′ W Bainbridge Island Fireworks ...... Eagle Harbor ...... 47° 37.267′ N 122° 31.583′ W Whaling Days ...... Dyes Inlet ...... 47° 38.65′ N 122° 41.35′ W Yarrow Point Community ...... Yarrow Point ...... 47° 38.727′ N 122° 13.466′ W City of Kenmore Fireworks ...... Lake Forest Park ...... 47° 39.0′ N 122° 13.55′ W Kirkland Concours D’Elegence ...... Kirkland ...... 47° 39.521′ N 122° 12.439′ W Kirkland Fireworks ...... Kirkland ...... 47° 40.583′ N 122° 12.84′ W Liberty Bay Fireworks ...... Liberty Bay ...... 47° 43.917′ N 122° 39.133′ W Sheridan Beach Community ...... Lake Forest Park ...... 47° 44.783′ N 122° 16.917′ W

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CAPTAIN OF THE PORT PUGET SOUND AOR ANNUAL FIREWORK DISPLAYS—Continued

Event name (typically) Event location Latitude Longitude

Langlie’s Old Fashioned Independence Indianola ...... 47° 44.817′ N 122° 31.533′ W Celebration. Lake Forest Park Fireworks ...... Lake Forest Park ...... 47° 45.117′ N 122° 16.367′ W Vashon Island Fireworks ...... Quartermaster Harbor ...... 47° 45.25′ N 122° 15.75′ W Kingston Fireworks ...... Appletree Cove ...... 47° 47.65′ N 122° 29.917′ W Mukilteo Lighthouse Festival ...... Possession Sound ...... 47° 56.9′ N 122° 18.6′ W Brewster Fire Department Fireworks ...... Brewster ...... 48° 06.367′ N 119° 47.15′ W Port Angeles ...... Port Angeles Harbor ...... 48° 07.033′ N 123° 24.967′ W Port Townsend Sunrise Rotary ...... Port Townsend ...... 48° 08.067′ N 122° 46.467′ W Friday Harbor Independence ...... Friday Harbor ...... 48° 32.6′ N 122° 00.467′ W Roche Harbor Fireworks ...... Roche Harbor ...... 48° 36.7′ N 123° 09.5′ W Deer Harbor Annual Fireworks Display ..... Deer Harbor ...... 48° 37.0′ N 123° 00.25′ W. Orcas Island ...... Orcas Island ...... 48° 41.317′ N 122° 54.467′ W Blast Over Bellingham ...... Bellingham Bay ...... 48° 44.933′ N 122° 29.667′ W True Colors Event ...... Blaine ...... 48° 59.488′ N 122° 46.339′ W John Eddy Wedding ...... Magnolia Bluff ...... 49° 38.988′ N 122° 25.356′ W City of Mount Vernon Fireworks ...... Edgewater Park ...... 48° 25.178′ N 122° 20.424′ W Chase Family Fourth at Lake Union ...... Lake Union ...... 47° 38.418′ N 122° 20.111′ W

(2) [Reserved] 165.7(a). The Captain of the Port will (b) Special requirements. Firework issue a Broadcast Notice to Mariners barges or launch sites on land used in and Local Notice to Mariners notifying locations stated in this rule shall dis- the public of activation and suspension play a sign. The sign will be affixed to of enforcement of these safety zones. the port and starboard side of the barge Additionally, an on-scene Patrol Com- or mounted on a post 3 feet above mander will ensure enforcement of this ground level when on land and in close safety zone by limiting the transit of proximity to the shoreline facing the non-participating vessels in the des- water labeled ‘‘FIREWORKS–DAN- ignated areas described above. GER–STAY AWAY.’’ This will provide (d) Regulations. In accordance with on-scene notice that the safety zone is, the general regulations in 33 CFR part or will, be enforced on that day. This 165, subpart C, no vessel operator may notice will consist of a diamond shaped enter, transit, moor, or anchor within sign, 4 foot by 4 foot, with a 3 inch or- this safety zone, except for vessels au- ange retro-reflective border. The word thorized by the Captain of the Port or ‘‘DANGER’ shall be 10 inch black block Designated Representative. letters centered on the sign with the (e) Authorization. All vessel operators words ‘‘FIREWORKS’’ and ‘‘STAY who desire to enter the safety zone AWAY’’ in 6 inch black block letters must obtain permission from the Cap- placed above and below the word tain of the Port or Designated Rep- ‘‘DANGER’’ respectively on a white background. An on-scene patrol vessel resentative by contacting either the will enforce these safety zones 30 min- on-scene patrol craft on VHF Ch 13 or utes prior to the start and 30 minutes Ch 16 or the Coast Guard Sector Se- after the conclusion of the fireworks attle Joint Harbor Operations Center display. (JHOC) via telephone at (206) 217–6002. (c) Notice of enforcement. These safety (f) Enforcement period. This rule will zones will be activated and thus sub- be enforced from 5 p.m. until 1 a.m. ject to enforcement, under the fol- each day a barge with a ‘‘FIRE- lowing conditions: the Coast Guard WORKS–DANGER–STAY AWAY’’ sign must receive and approve a marine is located within any of the above des- event permit for each firework display ignated safety zone locations and and then the Captain of the Port will meets the criteria established in sec- cause notice of the enforcement of tion (b), within the following time- these safety zones to be made by all ap- frames: propriate means to provide notice to (1) The last two weeks of December the affected segments of the public as until the conclusion of the first week- practicable, in accordance with 33 CFR end of January.

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(2) The last weekend of June until (b) Regulations. (1) In accordance with the conclusion of the third week of the general regulations in 33 CFR part July. 165, Subpart D, no person or vessel may (3) The second weekend of August enter or remain in a security zone cre- until the conclusion of the fourth week ated by this section without the per- of August. mission of the COTP Columbia River or (4) The first weekend of September his/her designated representative. Des- until the conclusion of the third week ignated representatives are Coast of September. Guard personnel authorized by the (5) The first weekend of December. COTP Columbia River to grant persons (g) Contact information. Questions or vessels permission to enter or re- about safety zones and related events main in a security zone created by this should be addressed to COMMANDER section. Subpart D of 33 CFR part 165 (spw), U.S. COAST GUARD SECTOR, contains additional provisions applica- Attention: Waterways Management Di- ble to a security zone created by this vision, 1519 Alaskan Way South, Se- section. attle, WA 98134–1192. (2) To request permission to enter a [USCG–2010–0063, 75 FR 33700, June 15, 2010] security zone created by this section, contact Coast Guard Sector Columbia § 165.1334 Security Zone; U.S. Coast River at telephone number 503–861–6212 Guard BSU Seattle, Pier 36, Elliot or via VHF channel 16 (156.8 MHz) or Bay, Seattle, WA. VHF channel 22 (157.1 MHz). (a) Location. The following area is a (c) Notification. When a security zone security zone: All waters in Elliot Bay is created by this section, one or more east of a line from 47°35′26.67″ N Coast Guard vessels will be present to 122°20′34.84″ W to 47°35′23.69″ N enforce the security zone and the COTP 122°20′34.77″ W at Pier 36, Elliot Bay, Columbia River will issue a local Seattle, WA. broadcast notice to mariners. (b) Regulations: Under 33 CFR part [USCG–2009–1134, 76 FR 28317, May 17, 2011] 165, subpart D, no vessel may enter, transit, moor, or anchor within this se- FOURTEENTH COAST GUARD DISTRICT curity zone located at Pier 36, Elliot Bay, WA, except for vessels authorized § 165.1401 Apra Harbor, Guam—safety by the Captain of the Port Puget zones. Sound or Designated Representative. (a) The following is designated as (c) Authorization: To request author- Safety Zone A—The waters of the Pa- ization to operate within this security cific Ocean and Apra Outer Harbor en- zone, contact United States Coast compassed within an arc of 725 yards Guard Sector Puget Sound Joint Har- radius centered at the center of Wharf bor Operations Center at 206–217–6001. H. (Located at 13°27′47″ N and ° ′ ″ [USCG–2010–0021, 75 FR 53196, Aug. 31, 2010, as 144 39 01.9 E. Based on World Geodetic amended at 75 FR 67032, Nov. 1, 2010] System 1984 Datum) (b) The following is designated Safe- § 165.1335 Security Zone; Vessels Car- ty Zone B—The waters of Apra Outer rying Hazardous Cargo, Sector Co- Harbor encompassed within an arc of lumbia River Captain of the Port 680 yards radius centered at the center Zone. of Naval Wharf Kilo. (Located at (a) Location. The following area is a 13°26′43″ N, 144°37′46.7″ E. Based on security zone: All waters within 500 World Geodetic system 1984 Datum) yards, in all directions, of any vessel (c) Special regulations. (1) Section carrying hazardous cargo, as deter- 165.23 does not apply to Safety Zone A mined by the Captain of the Port and/or Safety Zone B, except when (COTP) Columbia River, while such a Wharf H and/or Naval Wharf Kilo, or a vessel is located in the Sector Colum- vessel berthed at Wharf H and/or Naval bia River COTP Zone as defined in 33 Wharf Kilo, is displaying a red CFR 3.65–15 and the COTP Columbia (BRAVO) flag by day or a red light by River determines that a security zone night. is necessary and enforcement of the se- (2) In accordance with the general curity zone is practicable. regulations in 165.23 of this part, entry

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into these zones is prohibited unless (6) No vessel may leave Apra Outer authorized by the Captain of the Port, Harbor until any inbound vessel over 65 Guam. feet in length has cleared the Outer Harbor Entrance. [COTP Guam Reg. 89–001, 55 FR 18725, May 4, 1990] [CGD 79–034, 47 FR 29660, July 8, 1982, as amended by CGD 96–026, 61 FR 33669, June 28, § 165.1402 Apra Outer Harbor, Guam— 1996; USCG–1998–3799, 63 FR 35533, June 30, regulated navigation area. 1998] (a) The following is a regulated navi- § 165.1403 Security Zones; Tinian, gation area—The waters of the Pacific Commonwealth of the Northern Ocean and Apra Outer Harbor enclosed Mariana Islands. ° ′ ″ by a line beginning at latitude 13 26 47 (a) Location. The following areas are ° ′ ″ N, longitude 144 35 07 E; thence to security zones: ° ′ ″ Spanish Rocks at latitude 13 27 09.5 N, (1) The waters of the Pacific Ocean longitude 144°37′20.6″ E; thence along off Tinian between 14°59′04.9″ N, the shoreline of Apra Outer Harbor to 145°34′58.6″ E to 14°59′20.1″ N, 145°35′41.5″ latitude 13°26′28.1″ N, longitude E to 14°59′09.8″ N, 145°36′02.1″ E to 144°39′52.5″ E (the northwest corner of 14°57′49.3″ N, 145°36′28.7″ E to 14°57′29.1″ Polaris Point); thence to latitude N, 145°35′31.1″ E and back to 14°59′04.9″ 13°26′40.2″ N, longitude 144°39′28.1″ E; N, 145°34′58.6″ E. This zone will be en- thence to latitude 13°26′32.1″ N, lon- forced when one, or more, of the Mari- gitude 144°39′02.8″ E; thence along the time Preposition Ships is in the zone or shoreline of Apra Outer Harbor to moored at Mooring A located at Orote Point at latitude 13°26′42″ N, lon- 14°58′57.0″ N and 145°35′40.8″ E or Moor- gitude 144°36′58.5″ E; thence to the being B located at 14°58′15.9″ N, 145°35′54.8″ ginning. (Based on WGS 84 Datum) E. (b) Regulations: (2) Additionally, a 50-yard security (1) Except for public vessels of the zone in all directions around Moorings United States, vessels may not enter A and B will be enforced when no ves- Apra Outer Harbor without permission sels are moored thereto but mooring of the Captain of the Port if they have balls are anchored and on station. on board more than 25 tons of high ex- NOTE TO § 165.1403(a): All positions of lati- plosives. tude and longitude are from International (2) Except for vessels not more than Spheroid, Astro Pier 1944 (Saipan) Datum 65 feet in length, towboats or tugs (NOAA Chart 81071). without tows, no vessel may pass an- (b) Regulations. (1) In accordance with other vessel in the vicinity of the general regulations in § 165.33 of this Outer Harbor entrance. part, entry into this security zone is (3) Vessels over 100 gross tons shall: prohibited unless authorized by the (i) Steady on the entrance range at Captain of the Port. least 2 miles west of the entrance when approaching Apra Outer Harbor and; [COTP Honolulu Reg. 86–08, 51 FR 42220, Nov. 24, 1986, as amended by USCG–2001–9286, 66 (ii) [Reserved] FR 33642, June 25, 2001; COTP Guam 07–005, 72 (iii) Steady on the range when de- FR 65460, Nov. 21, 2007] parting Apra Outer Harbor. (4) Vessels may not anchor in the § 165.1404 Apra Harbor, Guam—secu- fairway. The fairway is the area within rity zone. 375 feet on either side of a line begin- (a) The following is designated as Se- ning at latitude 13°26′47″ N, longitude curity Zone C—The waters of Apra 144°35′07″ E; thence to latitude Outer Harbor, Guam surrounding Naval 13°27′14.1″ N, longitude 144°39′14.4″ E; Mooring Buoy No. 702 (Located at thence to latitude 13°26′35.2″ N, lon- 13°27′30.1″ N and 144°38′12.9″ E. Based on gitude 144°39′46.4″ E; thence to latitude World Geodetic System 1984 Datum) 13°26′30.8″ N, longitude 144°39′44.4″ E. and the Maritime Prepositioning ships (Based on WGS 84 Datum) moored thereto. The security zone will (5) Vessels over 100 gross tons may extend 100 yards in all directions not proceed at a speed exceeding 12 around the vessel and its mooring. Ad- knots within the harbor. ditionally, a 50 yard security zone will

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remain in effect in all directions ing north to position 13°27′37″ N, around buoy No. 702 when no vessel is 144°40′22″ E following the shoreline in a moored thereto. westerly direction back to point of ori- (b) In accordance with the general gin. regulations in § 165.33 of this part, (b) Security zones. A 100-yard radius entry into Security Zone C is prohib- security zone is established around, ited unless authorized by the Captain and is centered on, each escorted vessel of the Port, Guam. within the regulated navigation areas [COTP Guam Reg. 89–001, 55 FR 18725, May 4, in paragraph (a) of this section. A secu- 1990] rity zone is activated when an escorted vessel enters an RNA and remains ac- § 165.1405 Regulated Navigation Areas tive until the escorted vessel leaves the and Security Zones; Designated Es- RNA. This is a moving security zone corted Vessels-Philippine Sea and Apra Harbor, Guam (including when the escorted vessel is in transit Cabras Island Channel), and and becomes a fixed zone when the es- Tanapag Harbor, Saipan, Common- corted vessel is anchored or moored. A wealth of the Northern Mariana Is- security zone will not extend beyond lands (CNMI). the boundary of the RNA in this sec- (a) Regulated navigation area. The fol- tion. lowing areas, designated by coordi- (c) Definitions. As used in this sec- nates referencing World Geodetic tion: Datum (1984), are regulated navigation (1) Designated representative means areas (RNAs). any Coast Guard commissioned, war- (1) Philippine Sea, Guam—All waters rant, or petty officer that has been au- from the surface to the bottom of the thorized to act on behalf of the COTP. Philippine Sea, Guam, encompassed by (2) Escorted Vessel means any vessel lines connecting the following points, operating in the RNA deemed by the beginning at 13°27′10″ N, 144°35′05″ E, COTP to be in need of escort protection thence easterly to 13°27′17″ N, 144°37′27″ for security reasons or under other cir- E, thence south westerly to 13°26′52″ N, cumstances. A designated representa- 144°37′05″ E, thence westerly to 13°26′37″ tive aboard a Coast Guard cutter or pa- N, 144°35′05″ E, thence due north back trol boat will accompany vessels to point of origin. deemed in need of escort protection (2) Apra Harbor, Guam—All waters into the RNA. from surface to bottom of Apra Harbor, (3) Navigation rules mean inter- Guam, shoreward of the COLREGS De- national and inland navigation rules in marcation as described in 33 CFR part 33 CFR chapter I, subchapters D and E. 80. (3) Tanapag Harbor, Saipan—The (4) Vessel means every description of waters from surface to bottom of watercraft or other artificial contriv- Tanapag Harbor, Saipan (CNMI), en- ance used, or capable of being used, as compassed by lines connecting the fol- a means of transportation on water, ex- lowing points, beginning at 15°12′10″ N, cept U.S. Coast Guard or U.S. naval 145°40′28″ E, thence north easterly to vessels. 15°14′08″ N, 145°42′00″ E, thence due east (d) Regulations. (1) No person or ves- to 15°14′08″ N, 145°44′02″ E, thence south sel may enter into the security zones easterly to 15°13′54″ N, 144°44′20″ E, under this section unless authorized by thence south westerly along the shore- the COTP Guam or a designated rep- line to 15°13′11″ N, 145°43′01″ E, thence resentative. south westerly to 15°12′10″ N, 145°40′28″ (2) A vessel in the RNA established E. under paragraph (a) of this section op- (4) Cabras Island Channel, Guam—All erating within 500 yards of an escorted waters from surface to bottom of vessel must proceed at a minimum Cabras Island Channel, Guam, begin- speed necessary to maintain a safe ning at point 13°27′34″ N, 144°39′39″ E course, unless required to maintain and extending south easterly to posi- speed by the navigation rules. tion 13°27′24″ N, 144°39′59″ E then head- (3) When an escorted vessel in the ing easterly along the shoreline to po- RNA approaches within 100 yards of a sition 13°27′31″ N, 144°40′22″ E then head- vessel that is moored, or anchored in a

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designated anchorage area, the sta- (d) The general regulations governing tionary vessel must stay moored or an- safety zones contained in 33 CFR 165.23 chored while it remains within the es- apply. corted vessel’s security zone unless it [CGD14 92–05, 57 FR 54508, Nov. 19, 1992, as is either ordered by, or given permis- amended by CGD 96–026, 61 FR 33669, June 28, sion from the COTP Guam or a des- 1996] ignated representative to do otherwise. (4) The COTP will inform the public § 165.1407 Security Zones; Oahu, HI. of the existence or status of the secu- (a) Location. The following areas, rity zones around escorted vessels in from the surface of the water to the the RNA periodically by Broadcast No- ocean floor, are security zones that are tice to Mariners. activated and enforced subject to the (5) Persons or vessels that must enter provisions of paragraphs (c) and (d). All a security zone or exceed speed limits coordinates below are expressed in de- established in this section may contact grees, minutes, and tenths or hun- the COTP at command center tele- dredths of minutes. phone number (671) 339–6100 or on VHF (1) Honolulu Harbor. All waters of channel 16 (156.8 Mhz) to request per- Honolulu Harbor and Honolulu en- mission. trance channel commencing at a line (6) All persons and vessels within 500 between entrance channel buoys no. 1 yards of an escorted vessel in the RNA and no. 2, to a line between the fixed must comply with the orders of the day beacons no. 14 and no. 15 west of COTP Guam or his designated rep- Sand Island Bridge. resentatives. (2) Honolulu Harbor Anchorages B, C, (e) Authority. In addition to 33 U.S.C. and D. All waters extending 100 yards 1231 and 50 U.S.C. 191, the authority for in all directions from each vessel in ex- this section includes 33 U.S.C. 1226. cess of 300 gross tons anchored in Hono- [CGD14–02–002, 68 FR 4384, Jan. 29, 2003] lulu Harbor Anchorage B, C, or D, as defined in 33 CFR 110.235(a). § 165.1406 Safety Zone: Pacific Missile (3) Kalihi Channel and Keehi Lagoon, Range Facility (PMRF), Barking Oahu. All waters of Kalihi Channel and Sands, Island of Kauai, Hawaii. Keehi Lagoon beginning at Kalihi (a) Location. The following area is es- Channel entrance buoy no. 1 and con- tablished as a safety zone during tinuing along the general trend of launch operations at PMRF, Kauai, Ha- Kalihi Channel to day beacon no. 13, waii: The waters bounded by the fol- thence continuing on a bearing of lowing coordinates: (22°01.2′ N, 159°47.3′ 332.5°T to shore, thence east and south W), (22°01.2′ N, 159°50.7′ W), (22°06.3′ N, along the general trend of the shoreline 159°50.7′ W), (22°06.3′ N, 159°44.8′ W). to day beacon no. 15, thence southeast (Datum: OHD) to day beacon no. 14, thence southeast (b) Activation. The above safety zone along the general trend of the shoreline will be activated during launch oper- of Sand Island, to the southwest tip of ations at PMRF, Kauai, Hawaii. The Sand Island at 21°18.0′ N/157°53.05′ W, Coast Guard will provide notice that thence southwest on a bearing of 233°T the safety zone will be activated to Kalihi Channel entrance buoy no. 1. through published and broadcast local (4) Honolulu International Airport—(i) notice to mariners prior to scheduled Honolulu International Airport, North launch dates. Section. All waters surrounding Hono- (c) Regulation. The area described in lulu International Airport from paragraph (a) of this section will be 21°18.25′ N/157° 55.58° W, thence south to closed to all vessels and persons, except 21°18.0′ N/157° 55.58′ W, thence east to those vessels and persons authorized by the western edge of Kalihi Channel, the Commander, Fourteenth Coast thence north along the western edge of Guard District, or the Captain of the the channel to day beacon no. 13, Port (COTP) Honolulu, Hawaii, when- thence northwest at a bearing of ever Strategic Target System (STARS) 332.5°T to shore. vehicles are to be launched by the (ii) Honolulu International Airport, United States Government from the South Section. All waters near Honolulu PMRF, Barking Sands, Kauai, Hawaii. International Airport from 21°18.0′ N/

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157°55.58′ W, thence south to 21°16.5′ N/ Federal Aviation Administration regu- 157°55.58′ W, thence east to 21°16.5′ N/ lations (14 CFR parts 91 and 99) regard- 157°54.0′ W (the extension of the west- ing flight-plan approval is deemed ade- ern edge of Kalihi Channel), thence quate permission to transit the water- north along the western edge of the way security zones described in this channel to Kalihi Channel buoy ‘‘5’’, section. thence west to 21°18.0′ N/157°55.58′ W. (d) Notice of enforcement or suspension (5) Barbers Point Offshore Moorings. of enforcement of security zones. (1) The All waters around the Tesoro Single security zones described in paragraphs Point and the Chevron Conventional (a)(3) (Kalihi Channel and Keehi La- Buoy Moorings beginning at 21°16.43′ N/ goon, Oahu), (a)(4)(i) (Honolulu Inter- 158°06.03′ W, thence northeast to national Airport, North Section), 21°17.35′ N/158°3.95′ W, thence southeast (a)(4)(ii) (Honolulu International Air- to 21°16.47′ N/ 158°03.5′ W, thence southport, South Section), (a)(6) (Barbers west to 21°15.53′ N/158°05.56′ W, thence Point Harbor, Oahu), and (a)(7) (Kahe north to the beginning point. Point, Oahu) of this section, will be en- (6) Barbers Point Harbor, Oahu. All forced only upon the occurrence of one waters contained within the Barbers of the following events— Point Harbor, Oahu, enclosed by a line (i) Whenever the Maritime Security drawn between Harbor Entrance Chan- (MARSEC) level, as defined in 33 CFR nel Light 6 and the jetty point day bea- part 101, is raised to 2 or higher; or con at 21°19.5′ N/158°07.26′ W. (ii) Whenever the Captain of the (7) Kahe Point, Oahu. All waters adja- Port, after considering all available cent to the Hawaiian Electric Company facts, determines that there is a power plant at Kahe Point within 500 heightened risk of a transportation se- yards of 21° 21.30’ N/158′ 07.7° W (lighted curity incident or other serious mari- tower). time incident, including but not lim- (b) Definitions. As used in this sec- ited to any incident that may cause a tion, MARSEC Level 2 or Maritime Secu- significant loss of life, environmental rity Level 2 means, as defined in 33 CFR damage, transportation system disrup- 101.105, the level for which appropriate tion, or economic disruption in a par- additional protective security meas- ticular area. ures shall be maintained for a period of (2) A notice will be published in the time as a result of heightened risk of a FEDERAL REGISTER reporting when transportation security incident. events in paragraph (d)(1)(i) or (d)(1)(ii) (c) Regulations. (1) Under 33 CFR have occurred. 165.33, entry into the security zones de- (3) The Captain of the Port of Hono- scribed in this section is prohibited un- lulu will cause notice of the enforce- less authorized by the Coast Guard ment of the security zones listed in Captain of the Port, Honolulu or his or paragraph (d)(1) of this section and no- her designated representatives. tice of suspension of enforcement to be (2) Persons desiring to transit the made by appropriate means to affect areas of the security zones may con- the widest publicity, including the use tact the Captain of the Port at Com- of broadcast notice to mariners and mand Center telephone number (808) publication in the local notice to mari- 842–2600 and (808) 842–2601, fax (808) 842– ners. 2624 or on VHF channel 16 (156.8 Mhz) (e) Informational notices. The Captain to seek permission to transit the area. of the Port will cause notice of the Written requests may be submitted to presence of the security zones estab- the Captain of Port, U.S. Coast Guard lished in paragraph (a)(2) of this sec- Sector Honolulu, Sand Island Access tion, Honolulu Harbor Anchorages B, Road, Honolulu, Hawaii 96819, or faxed C, and D, to be made by appropriate to (808) 842–2622. If permission is grant- means to affect the widest publicity, ed, all persons and vessels must comply including the use of broadcast notice to with the instructions of the Captain of mariners and publication in the local the Port or his or her designated rep- notice to mariners. resentatives. For all seaplane traffic (f) Enforcement. Any Coast Guard entering or transiting the security commissioned, warrant, or petty offi- zones, a seaplane’s compliance with all cer, and any other Captain of the Port

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representative permitted by law, may Captain of the Port, Honolulu or his or enforce the rules in this section. her designated representatives. When (g) Waiver. The Captain of the Port, authorized passage through a large pas- Honolulu may waive any of the re- senger vessel security zone, all vessels quirements of this section for any ves- must operate at the minimum speed sel or class of vessels upon his or her necessary to maintain a safe course determination that application of this and must proceed as directed by the section is unnecessary or impractical Captain of the Port or his or her des- for the purpose of port and maritime ignated representatives. No person is security. allowed within 100 yards of an LPV (h) Penalties. Vessels or persons vio- that is underway, moored, position- lating this section are subject to the keeping, or at anchor, unless author- penalties set forth in 33 U.S.C. 1232 and ized by the Captain of the Port or his 50 U.S.C. 192. or her designated representative. [CGD14–04–116, 70 FR 75040, Dec. 19, 2005, as (2) When conditions permit, the Cap- amended by CGD 14–07–001, 72 FR 44777, Aug. tain of the Port, or his or her des- 9, 2007; 72 FR 57863, Oct. 11, 2007; USCG–2009– ignated representative, may permit 0416, 74 FR 27442, June 10, 2009] vessels that are at anchor, restricted in their ability to maneuver, or con- § 165.1408 Security Zones; Maui, HI. strained by draft to remain within an (a) Location. The following areas, LPV security zone in order to ensure from the surface of the water to the navigational safety. ocean floor, are security zones that are (3) Persons desiring to transit the activated and enforced subject to the areas of the security zones in this sec- provisions in paragraph (c): tion may contact the Captain of the (1) Kahului Harbor, Maui. All waters Port at Command Center telephone extending 100 yards in all directions number (808) 842–2600 or on VHF chan- from each large passenger vessel in nel 16 (156.8 Mhz) to seek permission to Kahului Harbor, Maui, HI or within 3 transit the area. Written requests may nautical miles seaward of the Kahului be submitted to the Captain of Port, Harbor COLREGS DEMARCATION U.S. Coast Guard Sector Honolulu, (See 33 CFR 80.1460). This is a moving Sand Island Access Road, Honolulu, security zone when the LPV is in tran- Hawaii 96819, or faxed to (808) 842–2622. sit and becomes a fixed zone when the If permission is granted, all persons LPV is anchored, position-keeping, or and vessels must comply with the in- moored. structions of the Captain of the Port or (2) Lahaina, Maui. All waters extending 100 yards in all directions from his or her designated representatives. each large passenger vessel in Lahaina, For all seaplane traffic entering or Maui, whenever the LPV is within 3 transiting the security zones, compli- nautical miles of Lahaina Light (LLNR ance with all Federal Aviation Admin- 28460). The security zone around each istration regulations (14 CFR parts 91 LPV is activated and enforced whether and 99) regarding flight-plan approval the LPV is underway, moored, posi- is deemed adequate permission to tran- tion-keeping, or anchored, and will sit the waterway security zones de- continue in effect until such time as scribed in this section. the LPV departs Lahaina and the 3- (d) Enforcement. Any Coast Guard mile enforcement area. commissioned, warrant, or petty offi- (b) Definitions. As used in this sec- cer, and any other Captain of the Port tion, large passenger vessel or LPV representative permitted by law, may means a cruise ship more than 300 feet enforce the rules in this section. in length that carries passengers for (e) Waiver. The Captain of the Port, hire, and any passenger ferry more Honolulu may waive any of the re- than 300 feet in length that carries pas- quirements of this section for any ves- sengers for hire. sel or class of vessels upon his or her (c) Regulations. (1) Under 33 CFR determination that application of this 165.33, entry into the security zones section is unnecessary or impractical created by this section is prohibited for the purpose of port and maritime unless authorized by the Coast Guard security.

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(f) Penalties. Vessels or persons vio- Captain of the Port, Honolulu or his or lating this section are subject to the her designated representative. When penalties set forth in 33 U.S.C. 1232 and authorized passage through a large pas- 50 U.S.C. 192. senger vessel security zone, all vessels [CGD14–04–116, 70 FR 75040, Dec. 19, 2005, as must operate at the minimum speed amended by CGD 14–07–001, 72 FR 44777, Aug. necessary to maintain a safe course 9, 2007] and must proceed as directed by the Captain of the Port or his or her des- § 165.1409 Security Zones; Hawaii, HI. ignated representatives. No person is (a) Location. The following areas, allowed within 100 yards of a large pas- from the surface of the water to the senger vessel that is underway, ocean floor, are security zones that are moored, position-keeping, or at anchor, activated and enforced subject to the unless authorized by the Captain of the provisions in paragraph (c): Port or his or her designated represent- (1) Hilo Harbor, Hawaii. All waters ex- atives. tending 100 yards in all directions from (2) When conditions permit, the Cap- each large passenger vessel in Hilo Har- tain of the Port, or his or her des- bor, Hawaii, HI or within 3 nautical ignated representatives, may permit miles seaward of the Hilo Harbor vessels that are at anchor, restricted in COLREGS DEMARCATION (See 33 their ability to maneuver, or con- CFR 80.1480). This is a moving security strained by draft to remain within an zone when the LPV is in transit and be- LPV security zone in order to ensure comes a fixed zone when the LPV is an- navigational safety. chored, position-keeping, or moored. (3) Persons desiring to transit the (2) Kailua-Kona, Hawaii. All waters areas of the security zones in this sec- extending 100 yards in all directions tion may contact the Captain of the from each large passenger vessel in Port at Command Center telephone Kailua-Kona, Hawaii, whenever the number (808) 842–2600 or on VHF chan- LPV is within 3 nautical miles of nel 16 (156.8 Mhz) to seek permission to Kukailimoku Point. The 100-yard secu- transit the area. Written requests may rity zone around each LPV is activated be submitted to the Captain of Port, and enforced whether the LPV is un- U.S. Coast Guard Sector Honolulu, derway, moored, position-keeping, or Sand Island Access Road, Honolulu, anchored and will continue in effect Hawaii 96819, or faxed to (808) 842–2622. until such time as the LPV departs If permission is granted, all persons Kailua-Kona and the 3-mile enforce- and vessels must comply with the in- ment area. structions of the Captain of the Port or (3) Kawaihae Harbor, Hawaii. All his or her designated representatives. waters extending 100 yards in all direc- For all seaplane traffic entering or tions from each large passenger vessel transiting the security zones, compli- in Kawaihae Harbor, Hawaii, or within ance with all Federal Aviation Admin- 3 nautical miles seaward of the istration regulations (14 CFR parts 91 Kawaihae Harbor COLREGS DEMAR- and 99) regarding flight-plan approval CATION (See 33 CFR 80.1470). The 100- is deemed adequate permission to tran- yard security zone around each LPV is sit the waterway security zones deactivated and enforced whether the scribed in this section. LPV is underway, moored, position- (d) Enforcement. Any Coast Guard keeping, or anchored. commissioned, warrant, or petty offi- (b) Definitions. As used in this sec- cer, and any other Captain of the Port tion, large passenger vessel or LPV representative permitted by law, may means a cruise ship more than 300 feet enforce the rules in this section. in length that carries passengers for (e) Waiver. The Captain of the Port, hire, and any passenger ferry more Honolulu may waive any of the re- than 300 feet in length that carries pas- quirements of this section for any ves- sengers for hire. sel or class of vessels upon his or her (c) Regulations. (1) Under 33 CFR determination that application of this 165.33, entry into the security zones section is unnecessary or impractical created by this section is prohibited for the purpose of port and maritime unless authorized by the Coast Guard security.

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(f) Penalties. Vessels or persons vio- Captain of the Port or his or her des- lating this section are subject to the ignated representative. penalties set forth in 33 U.S.C. 1232 and (2) When conditions permit, the Cap- 50 U.S.C. 192. tain of the Port, or his or her des- [CGD14–04–116, 70 FR 75041, Dec. 19, 2005, as ignated representative, may permit amended by CGD14–07–001, 72 FR 44777, Aug. vessels that are at anchor, restricted in 9, 2007] their ability to maneuver, or constrained by draft to remain within an § 165.1410 Security Zones; Kauai, HI. LPV security zone in order to ensure (a) Location. The following areas, navigational safety. from the surface of the water to the (3) Persons desiring to transit the ocean floor, are security zones that are areas of the security zones may con- activated and enforced subject to the tact the Captain of the Port at Com- provisions in paragraph (c): mand Center telephone number (808) (1) Nawiliwili Harbor, Lihue, Kauai. 842–2600 or on VHF channel 16 (156.8 All waters extending 100 yards in all di- Mhz) to seek permission to transit the rections from each large passenger ves- area. Written requests may be sub- sel in Nawiliwili Harbor, Kauai, HI or mitted to the Captain of Port, U.S. within 3 nautical miles seaward of the Coast Guard Sector Honolulu, Sand Is- Nawiliwili Harbor COLREGS DEMAR- land Access Road, Honolulu, Hawaii CATION (See 33 CFR 80.1450). This is a 96819, or faxed to (808) 842–2622. If per- moving security zone when the LPV is mission is granted, all persons and ves- in transit and becomes a fixed zone sels must comply with the instructions when the LPV is anchored, position- of the Captain of the Port or his or her keeping, or moored. designated representatives. For all sea- (2) Port Allen, Kauai. All waters ex- plane traffic entering or transiting the tending 100 yards in all directions from security zones, compliance with all each large passenger vessel in Port Federal Aviation Administration regu- Allen, Kauai, HI or within 3 nautical lations (14 CFR parts 91 and 99) regard- miles seaward of the Port Allen ing flight-plan approval is deemed ade- COLREGS DEMARCATION (See 33 CFR 80.1440). This is a moving security quate permission to transit the water- zone when the LPV is in transit and be- way security zones described in this comes a fixed zone when the LPV is an- section. chored, position-keeping, or moored. (d) Enforcement. Any Coast Guard (b) Definitions. As used in this sec- commissioned, warrant, or petty offi- tion, large passenger vessel or LPV cer, and any other Captain of the Port means a cruise ship more than 300 feet representative permitted by law, may in length that carries passengers for enforce the rules in this section. hire, and any passenger ferry more (e) Waiver. The Captain of the Port, than 300 feet in length that carries pas- Honolulu may waive any of the re- sengers for hire. quirements of this section for any ves- (c) Regulations. (1) Under 33 CFR sel or class of vessels upon his or her 165.33, entry into the security zones determination that application of this created by this section is prohibited section is unnecessary or impractical unless authorized by the Coast Guard for the purpose of port and maritime Captain of the Port, Honolulu or his or security. her designated representative. When (f) Penalties. Vessels or persons vio- authorized passage through an LPV se- lating this section are subject to the curity zone, all vessels must operate at penalties set forth in 33 U.S.C. 1232 and the minimum speed necessary to main- 50 U.S.C. 192. tain a safe course and must proceed as directed by the Captain of the Port or [CGD14–04–116, 70 FR 75041, Dec. 19, 2005, as his or her designated representative. amended by CGD14–07–001, 72 FR 44778, Aug. No person is allowed within 100 yards 9, 2007] of a large passenger vessel that is underway, moored, position-keeping, or at anchor, unless authorized by the

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§ 165.1411 Security zone; waters sur- § 165.1412 Security Zone; escorted U.S. rounding U.S. Forces vessel SBX–1, Navy submarines in Sector Hono- HI. lulu Captain of the Port Zone. (a) Location. The following area, in (a) Location. The following area is a U.S. navigable waters within the Hono- security zone: all waters, from the sur- lulu Captain of the Port Zone (see 33 face to the ocean floor, within 1,000 CFR 3.70–10), from the surface of the yards of any U.S. Navy submarine that water to the ocean floor, is a security is zone: All waters extending 500 yards in (1) Operating in the Sector Honolulu all directions from U.S. Forces vessel Captain of the Port Zone, as defined in SBX–1. The security zone moves with 33 CFR 3.70–10, and that the SBX–1 while it is in transit and be- (2) Is being escorted by the U.S. comes fixed when the SBX–1 is an- Coast Guard. chored, position-keeping, or moored. (b) Regulations. In accordance with (b) Regulations. The general regula- the general regulations in 33 CFR 165, tions governing security zones con- Subpart D, no person or vessel may tained in 33 CFR 165.33 apply. Entry enter or remain in the security zone into, transit through, or anchoring created by paragraph (a) of this section within this zone while it is activated, unless authorized by the Coast Guard and thus subject to enforcement, is patrol commander. The Coast Guard prohibited unless authorized by the patrol commander may be contacted Captain of the Port or a designated via VHF Channel 16 or other means representative thereof. reasonably available. 33 CFR part 165.30 (c) Suspension of enforcement. The and 165.33 contain additional provisions Coast Guard will suspend enforcement applicable to the security zone created of the security zone described in this in paragraph (a) of this section. section whenever the SBX–1 is within (c) Effective period. This rule is effec- the Honolulu Defensive Sea Area (see 6 tive from 6:00 a.m. on June 12, 2010 Ha- FR 6675). waiian Standard Time (HST). (d) Informational notice. The Captain (d) Notification. The Coast Guard se- of the Port of Honolulu will cause no- curity escort will attempt, when nec- tice of the enforcement of the security essary and practicable, to notify any zone described in this section to be persons or vessels inside or in the vi- made by broadcast notice to mariners. cinity of the security one created in The SBX–1 is easy to recognize because paragraph (a) of this section of the it contains a large white object shaped zone’s existence via VHF Channel 16 or like an egg supported by a platform other means reasonably available. that is larger than a football field. The (e) Penalties. Vessels or persons vio- platform in turn is supported by six lating this rule are subject to the pen- pillars similar to those on large oil- alties set forth in 33 U.S.C. 1232 and 50 drilling platforms. U.S.C. 192. (e) Authority to enforce. Any Coast Guard commissioned, warrant, or petty [USCG–2010–0409, 75 FR 33704, June 15, 2010] officer, and any other Captain of the SEVENTEENTH COAST GUARD DISTRICT Port representative permitted by law, may enforce the security zone de- § 165.1701 Port Valdez, Valdez, Alas- scribed in this section. ka—safety zone. (f) Waiver. The Captain of the Port The waters within the following may waive any of the requirements of boundaries are a safety zone—The area this rule for any person, vessel, or class within 200 yards of any waterfront fa- of vessel upon finding that application cility at the Trans-Alaska Pipeline of the security zone is unnecessary or Valdez Terminal complex or vessels impractical for the purpose of mari- moored or anchored at the Trans-Alas- time security. ka Pipeline Valdez Terminal complex (g) Penalties. Vessels or persons vio- and the area within 200 yards of any lating this rule are subject to the pen- tank vessel maneuvering to approach, alties set forth in 33 U.S.C. 1232 and 50 moor, unmoor, or depart the Trans- U.S.C. 192. Alaska Pipeline Valdez Terminal com- [USCG–2007–0195, 73 FR 13131, Mar. 12, 2008] plex.

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§ 165.1702 Gastineau Channel, Juneau, § 165.1704 Prince William Sound, Alas- Alaska—safety zone. ka-regulated navigation area. (a) The waters within the following (a) The following is a regulated navi- boundaries are a safety zone: A line be- gation area: The navigable waters of ginning at the Standard Oil Company the United States north of a line drawn Pier West Light (LLNR 3217), located from Cape Hinchinbrook Light to at position 58°17.9′ N, 134°24.8′ W, in the Schooner Rock Light, comprising that direction of 140° True to Rock Dump portion of Prince William Sound be- Lighted Buoy 2A (LLNR 3213) at posi- tween 146°30′ W. and 147°20′ W. and in- tion 58°17.2′ N, 134°23.8′ W; thence in the cludes Valdez Arm, Valdez Narrows, direction of 003° True to a point at po- and Port Valdez. sition 58°17.4′ N, 134°23.7′ W, on the (b) Within the regulated navigation north shore of Gastineau Channel; area described in paragraph (a) of this thence northwesterly along the north section, § 161.60 of this chapter estab- shore of Gastineau Channel to the lishes a VTS Special Area for the point of origin. waters of Valdez Arm, Valdez Narrows, (b) Special Regulations: and Port Valdez northeast of a line (1) All vessels may transit or navi- bearing 307° True from Tongue Point at gate within the safety zone. 61°02′06″ N., 146°40′ W.; and southwest of ° (2) No vessels, other than a large pas- a line bearing 307 True from Entrance ° ′ ″ ° ′ ″ senger vessel (including cruise ships Island Light at 61 05 06 N., 146 36 42 W. and ferries) may anchor within the (c) Regulations. In addition to the re- Safety zone without the express con- quirements set forth in § 161.13 and sent from the Captain of the Port, § 161.60(c) of this chapter, a tank vessel Southeast Alaska. of 20,000 deadweight tons or more that intends to navigate within the regu- [CGD 79–034, 47 FR 29660, July 8, 1982, as lated navigation area must: amended by CGD 79–026, 48 FR 35408, Aug. 4, (1) Report compliance with part 164 1983] of this chapter, to the Vessel Traffic Center (VTC); § 165.1703 Ammunition Island, Port Valdez, Alaska. (2) Have at least two radiotelephones capable of operating on the designated (a) Location. The waters within the VTS frequency, one of which is capable following boundaries is a safety zone— of battery operation; the area within a radius of 1330 yards of (3) When steady wind conditions in Ammunition Island, centered on lati- the VTS Special Area or Port Valdez tude 61°07′28″ N, longitude 146°18′29″ W, exceed, or are anticipated to exceed 40 (NAD 83) and the vessel moored or an- knots, proceed as directed by the VTC chored at Ammunition Island. (entry into the VTS Special Area and (b) The area 200 yards off the vessel Port Valdez is prohibited); navigating the Vessel Traffic system (4) When transiting the VTS Special from abeam of Naked Island, maneu- Area, limit speed to 12 knots; vering to approach, moor, unmoor at (5) If laden and intending to navigate Ammunition Island, or the departure of the VTS Special Area, limit speed to 12 the vessel from Ammunition Island. knots except between Middle Rock and (c) Special regulation. (1) Section Potato Point where the speed limit 165.23 does not apply to paragraph (a) shall be 6 knots; and of this section, except when the vessel (6) Until December 31, 2004, have an is moored to Ammunition Island. operating Automatic Identification (d) Effective August 25, 1987 Notice of System Shipborne Equipment (AISSE) vessels arrival will be made in the No- system installed. tice to Mariners, Local Notice to Mari- (i) The designated digital selective ners and in the Local Valdez news- calling frequency (DSC) in Prince Wil- paper, prior to the vessel arrival. liam Sound is 156.525MHz (VHF Chan- [52 FR 30671, Aug. 17, 1987, as amended by nel 70). USCG–1998–3799, 63 FR 35533, June 30, 1998; (ii) AISSE equipped vessels will not COTP Prince William Sound 02–010, 67 FR be required to make voice radio posi- 45313, July 9, 2002] tion reports at designated reporting

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points required by § 161.20(b), unless inclement weather, the date and dura- otherwise directed by the VTC. tion of the safety zone will be an- (iii) Whenever a vessel’s AISSE be- nounced in the Local Notices to Mari- comes non-operational, as defined in ners. § 164.43(c) of this chapter, before enter- (c) Regulation. In accordance with the ing or while underway in the VTS area, general regulations in § 165.23 of this a vessel must: part, entry into this zone is prohibited (A) Notify the VTC; unless authorized by the Captain of the (B) Make the required voice radio po- Port, Southeast Alaska. sition reports as set forth in § 161.60 and [59 FR 31934, June 21, 1994, as amended by required by § 161.20(b) of this chapter; COTP Southeast Alaska 00–018, 65 FR 81363, (C) Make other voice radio reports as Dec. 26, 2000] required by the VTS; and (D) Restore the AISSE to operating § 165.1708 Tongass Narrows, Ketch- condition as soon as possible. ikan, Alaska—Safety Zone. (iv) Whenever a vessel’s AISSE be- (a) Location. The following area is a comes non-operational due to a loss of safety zone: the waters in Tongass Nar- position correction information (i.e., rows within a 300 yard radius of the the U.S. Coast Guard dGPS system barge located at 55°20′32″ N, 131°39′40″ W cannot provide the required error cor- used to conduct fireworks displays. rection messages) a vessel must: (b) Effective date. The safety zone be- (A) Make the required voice radio po- comes effective on July 3 each year at sition reports as set forth in § 161.60 and 10 p.m. ADT. It terminates at the con- required by § 161.20(b) of this chapter; clusion of the fireworks display at ap- and proximately 2:30 a.m. ADT on July 5 (B) Make other voice radio reports as each year, unless sooner terminated by required by the VTS. the Captain of the Port. If the fire- (v) Whenever a vessel’s AISSE be- works display is postponed because of comes non-operational before getting inclement weather, the date and dura- underway in the VTS area, permission tion of the safety zone will be an- to get underway must be obtained from nounced in the Local Notices to Mari- the VTC. ners. (c) Regulation. In accordance with the NOTE: Regulations pertaining to Auto- general regulations in § 165.23 of this matic Identification System Shipborne Equipment (AISSE) required capabilities are part, entry into this zone is prohibited set forth in Part 164 of this chapter. unless authorized by the Captain of the Port, Southeast Alaska. [CGD 90–020, 59 FR 36335, July 15, 1994, as amended by CGD 95–033, 60 FR 28333, May 31, [59 FR 31933, June 21, 1994, as amended at 65 1995; CGD 97–023, 62 FR 33365, June 19, 1997; FR 81362, Dec. 26, 2000] USCG–1998–3799, 63 FR 35533, June 30, 1998; USCG–2003–14757, 68 FR 39368, July 1, 2003; 68 § 165.1709 Security Zones: Liquefied FR 60570, Oct. 22, 2003] Natural Gas Tanker Transits and Operations at Phillips Petroleum § 165.1706 Gastineau Channel, Juneau, LNG Pier, Cook Inlet, AK. Alaska—Safety Zone. (a) Location. The following areas are (a) Location. The following area is a established as security zones during safety zone: the waters in Juneau Har- the specified conditions: bor within a 300 yard radius of the ves- (1) All navigable waters within a 1000- sel or waterfront facility located at yard radius of the Liquefied Natural 58°17′41″ N, 134°24′22″ W used to conduct Gas (LNG) tankers during their in- fireworks displays. bound and outbound transits through (b) Effective date. The safety zone be- Cook Inlet, Alaska between the Phil- comes effective on July 3 each year at lips Petroleum LNG Pier, 60°40′43″ N 10 p.m. ADT. It terminates at the con- and 151°24′10″ W, and the Homer Pilot clusion of the fireworks display at ap- Station at 59°34′86″ N and 151°25′74″ W. proximately 2:30 a.m. ADT on July 5 On the inbound transit, this security each year, unless sooner terminated by zone remains in effect until the tanker the Captain of the Port. If the fire- is alongside the Phillips Petroleum works display is postponed because of LNG Pier, 60°40′43″ N and 151°24′10″ W.

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(2) All navigable waters within a 1000- These personnel are comprised of com- yard radius of the Liquefied Natural missioned, warrant, and petty officers Gas tankers while they are moored at of the Coast Guard. Upon being hailed Phillips Petroleum LNG Pier, 60°40′43″ by a U. S. Coast Guard vessel by siren, N and 151°24′10″ W. radio, flashing light, or other means, (b) Special Regulations. (1) For the the operator of a vessel shall proceed purpose of this section, the general reg- as directed. ulations contained in 33 CFR 165.33 (3) The Marine Safety Detachment apply to all but the following vessels in Kenai, Alaska will notify the maritime the areas described in paragraph (a): community of these security zones by (i) Vessels scheduled to moor and off- publishing a Local Notice to Mariners load or load cargo at other Nikiski ma- and via a bimonthly marine Broadcast rine terminals that have provided the Notice to Mariners. Coast Guard with an Advance Notice of Arrival. [COTP 02–001, 67 FR 44059, July 1, 2002] (ii) Commercial fishing vessels, including drift net and set net vessels, § 165.1710 Port Valdez and Valdez Nar- fishing from the waters within the rows, Valdez, Alaska—security zone, if zones. (A) The owner of the vessel has pre- (a) Location. The following areas are viously requested approval from the security zones: Captain of the Port representative, Ma- (1) Trans-Alaska Pipeline (TAPS) rine Safety Detachment Kenai, Alaska, Valdez Terminal complex (Terminal), to fish in the security zone and Valdez, Alaska and TAPS tank vessels. (B) Has provided the Captain of the All waters enclosed within a line begin- Port representative, Marine Safety De- ning on the southern shoreline of Port tachment Kenai, Alaska current infor- Valdez at 61°05′03.6″ N, 146°25′42″ W; mation about the vessel, including: thence northerly to yellow buoy at (1) The name and/or the official num- 61°06′00″ N, 146°25′42″ W; thence east to ber, if documented, or state number, if the yellow buoy at 61°06′00″ N, 146°21′30″ numbered by a state issuing authority; W; thence south to 61°05′06″ N, 146°21′30″ (2) A brief description of the vessel, W; thence west along the shoreline and including length, color, and type of including the area 2000 yards inland vessel; along the shoreline to the beginning (3) The name, Social Security num- point. ber, current address, and telephone (2) Tank vessel moving security zone. number of the vessel’s master, operator All waters within 200 yards of any or person in charge; and TAPS tank vessel maneuvering to ap- (4) Upon request, information on the proach, moor, unmoor or depart the vessel’s crew. TAPS Terminal or transiting, maneu- (C) A vessel owner or operator is required to submit the information one vering, laying to or anchored within time, but shall provide the Captain of the boundaries of the Captain of the the Port representative updated infor- Port, Prince William Sound Zone de- mation when any part of it changes. scribed in 33 CFR 3.85–20 (b). (D) The Captain of the Port must ap- (3) Valdez Narrows, Port Valdez, prove a vessel’s request prior to being Valdez, Alaska. All waters 200 yards ei- allowed into the security zone at the ther side of the Valdez Narrows Tanker Phillips Petroleum LNG Pier. Optimum Track line bounded by a line (E) The vessel is operated in compli- beginning at 61°05′15″ N, 146°37′18″ W; ance with any specific orders issued to thence south west to 61°04′00″ N, the vessel by the Captain of the Port or 146°39′52″ W; thence southerly to other regulations controlling the oper- 61°02′32.5″ N, 146°41′25″ W; thence north ation of vessels within the security west to 61°02′40.5″ N, 146°41′47″ W; thence zone that may be in effect. north east to 61°04′07.5″ N, 146°40′15″ W; (2) All persons and vessels shall com- thence north east to 61°05′22″ N, ply with the instructions of the Cap- 146°37′38″ W; thence south east back to tain of the Port representative or the the starting point at 61°05′15″ N, designated on-scene patrol personnel. 146°37′18″ W.

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(b) Regulations. (1) The general regu- law enforcement Officers designated by lations in 33 CFR 165.33 apply to the se- the COTP. curity zones described in paragraph (a) Escorted HCPV or AMHS vessel means of this section. a HCPV or AMHS vessel that is accom- (2) Tank vessels transiting directly panied by one or more Coast Guard as- to the TAPS terminal complex, en- sets or Federal, State or local law engaged in the movement of oil from the forcement agency assets as listed terminal or fuel to the terminal, and below: vessels used to provide assistance or (1) Coast Guard surface or air asset support to the tank vessels directly displaying the Coast Guard insignia. transiting to the terminal, or to the (2) State, Federal or local law en- terminal itself, and that have reported forcement assets displaying the appli- their movements to the Vessel Traffic cable agency markings and or equip- Service, as required under 33 CFR part ment associated with the agency. 161 and § 165.1704, may operate as nec- Federal Law Enforcement Officer essary to ensure safe passage of tank means any Federal government law en- vessels to and from the terminal. forcement officer who has authority to (3) All persons and vessels must com- enforce federal criminal laws. ply with the instructions of the Coast High Capacity Passenger Vessel Guard Captain of the Port and the des- (‘‘HCPV’’) means a passenger vessel ignated on-scene patrol personnel. greater than 100 feet in length that is These personnel comprise commis- authorized to carry more than 500 pas- sioned, warrant, and petty officers of sengers for hire. the Coast Guard. Upon being hailed by State law enforcement Officer means a vessel displaying a U.S. Coast Guard any State or local government law en- ensign by siren, radio, flashing light, or forcement officer who has authority to other means, the operator of the vessel enforce State or local criminal laws. must proceed as directed. Coast Guard (b) Location. The following areas are Auxiliary and local or state agencies security zones: all waters within 100 may be present to inform vessel opera- yards around escorted High Capacity tors of the requirements of this section Passenger Vessels or escorted Alaska and other applicable laws. Marine Highway System vessels in the navigable waters of the Seventeenth [COTP Prince William Sound 02–011, 71 FR Coast Guard District as defined in 33 2154, Jan. 13, 2006] CFR 3.85–1, from surface to bottom. (c) Regulations. (1) No vessel may ap- § 165.1711 Security Zones; Waters of proach within 100 yards of an escorted the Seventeenth Coast Guard Dis- HCPV or escorted AMHS vessel during trict their transits within the navigable (a) Definitions. As used in this sec- waters of the Seventeenth Coast Guard tion— District. Alaska Marine Highway System vessel (2) Moored or anchored vessels that (‘‘AMHS vessel’’) means any vessel are overtaken by this moving zone owned or operated by the Alaska Ma- must remain stationary at their loca- rine Highway System, including, but tion until the escorted vessel maneu- not limited to: M/V AURORA, M/V vers at least 100 yards away. CHENEGA, M/V COLUMBIA, M/V (3) The local Captain of the Port may FAIRWEATHER, M/V KENNICOTT, M/ notify the maritime and general public V LECONTE, M/V LITUYA, M/V by marine information broadcast of the MALASPINA, M/V MATANUSKA, M/V periods during which individual secu- TAKU, and the M/V TUSTUMENA. rity zones have been activated by pro- Designated on Scene Representative viding notice in accordance with 33 means any U.S. Coast Guard commis- CFR 165.7. sioned, warrant or petty officer who (4) Persons desiring to transit within has been authorized by the District 100 yards of a moving, escorted HCPV Commander or local Captain of the or AMHS vessel in the Seventeenth Port (COTP), as defined in 33 CFR part Coast Guard District must contact the 3, subpart 3.85, to act on his or her be- designated on scene representative on half, or other Federal, State or local VHF channel 16 (156.800 MHz) or VHF

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channel 13 (156.650 MHz) to receive per- Navigation rules means the Naviga- mission. tion Rules, International-Inland. (5) If permission is granted to transit Official patrol means those personnel within 100 yards of an escorted HCPV designated and supervised by a senior or AMHS vessel, all persons and vessels naval officer present in command and must comply with the instructions of tasked to monitor a naval vessel pro- the designated on scene representative. tection zone, permit entry into the (6) All commercial fishing vessels as zone, give legally enforceable orders to defined by 46 U.S.C. 2101(11a) while ac- persons or vessels within the zone, and tively engaged in fishing are exempted take other actions authorized by the from the provisions of this section. U.S. Navy. Pacific Area means that area de- [CGD17–05–002, 71 FR 19123, Apr. 13, 2006] scribed in 33 CFR 3.04–3 Pacific Area. Restricted area means those areas es- Subpart G—Protection of Naval tablished by the Army Corps of Engi- Vessels neers and set out in 33 CFR part 334. Senior naval officer present in command AUTHORITY: 14 U.S.C. 91 and 633; 49 CFR is, unless otherwise designated by com- 1.45. petent authority, the senior line officer SOURCE: LANT AREA–02–001, 67 FR 31960, of the U.S. Navy on active duty, eligi- May 13, 2002, unless otherwise noted. ble for command at sea, who is present and in command of any part of the De- § 165.2010 Purpose. partment of Navy in the area. This subpart establishes the geo- U.S. naval vessel means any vessel graphic parameters of naval vessel pro- owned, operated, chartered, or leased tection zones surrounding U.S. naval by the U.S. Navy; any pre-commis- vessels in the navigable waters of the sioned vessel under construction for United States. This subpart also estab- the U.S. Navy, once launched into the lishes when the U.S. Navy will take en- water; and any vessel under the oper- forcement action in accordance with ational control of the U.S. Navy or a the statutory guidelines of 14 U.S.C. 91. Combatant Command. Nothing in the rules and regulations Vessel means every description of contained in this subpart shall relieve watercraft or other artificial contriv- any vessel, including U.S. naval ves- ance used, or capable of being used, as sels, from the observance of the Navi- a means of transportation on water, ex- gation Rules. The rules and regulations cept U.S. Coast Guard or U.S. naval contained in this subpart supplement, vessels. but do not replace or supercede, any other regulation pertaining to the safe- § 165.2020 Enforcement authority. ty or security of U.S. naval vessels. (a) Coast Guard. Any Coast Guard commissioned, warrant or petty officer § 165.2015 Definitions. may enforce the rules and regulations The following definitions apply to contained in this subpart. this subpart: (b) Senior naval officer present in com- Atlantic Area means that area demand. In the navigable waters of the scribed in 33 CFR 3.04–1 Atlantic Area. United States, when immediate action Large U.S. naval vessel means any is required and representatives of the U.S. naval vessel greater than 100 feet Coast Guard are not present or not in length overall. present in sufficient force to exercise Naval defensive sea area means those effective control in the vicinity of areas described in 32 CFR part 761. large U.S. naval vessels, the senior Naval vessel protection zone is a 500- naval officer present in command is re- yard regulated area of water sur- sponsible for the enforcement of the rounding large U.S. naval vessels that rules and regulations contained in this is necessary to provide for the safety or subpart to ensure the safety and secu- security of these U.S. naval vessels. rity of all large naval vessels present. Navigable waters of the United States In meeting this responsibility, the sen- means those waters defined as such in ior naval officer present in command 33 CFR part 2. may directly assist any Coast Guard

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enforcement personnel who are in 100 yards of a large U.S. naval vessel present. in order to ensure a safe passage in accordance with the Navigation Rules; § 165.2025 Atlantic Area. and (a) This section applies to any vessel (3) Permit commercial vessels an- or person in the navigable waters of chored in a designated anchorage area the United States within the bound- to remain at anchor when within 100 aries of the U.S. Coast Guard Atlantic yards of passing large U.S. naval ves- Area, which includes the First, Fifth, sels; and Seventh, Eighth and Ninth U.S. Coast (4) Permit vessels that must transit Guard Districts. via a navigable channel or waterway to NOTE TO § 165.2025 PARAGRAPH (a): The pass within 100 yards of a moored or boundaries of the U.S. Coast Guard Atlantic anchored large U.S. naval vessel with Area and the First, Fifth, Seventh, Eighth minimal delay consistent with secu- and Ninth U.S. Coast Guard Districts are set rity. out in 33 CFR part 3. (b) A naval vessel protection zone ex- NOTE TO § 165.2025 PARAGRAPH (f): The listed ists around U.S. naval vessels greater actions are discretionary and do not create any additional right to appeal or otherwise than 100 feet in length overall at all dispute a decision of the Coast Guard, the times in the navigable waters of the senior naval officer present in command, or United States, whether the large U.S. the official patrol. naval vessel is underway, anchored, moored, or within a floating drydock, § 165.2030 Pacific Area. except when the large naval vessel is moored or anchored within a restricted (a) This section applies to any vessel area or within a naval defensive sea or person in the navigable waters of area. the United States within the bound- (c) The Navigation Rules shall apply aries of the U.S. Coast Guard Pacific at all times within a naval vessel pro- Area, which includes the Eleventh, tection zone. Thirteenth, Fourteenth, and Seven- (d) When within a naval vessel pro- teenth U.S. Coast Guard Districts. tection zone, all vessels shall operate NOTE TO PARAGRAPH (a): The boundaries of at the minimum speed necessary to the U.S. Coast Guard Pacific Area and the maintain a safe course, unless required Eleventh, Thirteenth, Fourteenth, and Sev- to maintain speed by the Navigation enteenth U.S. Coast Guard Districts are set Rules, and shall proceed as directed by out in 33 CFR part 3. the Coast Guard, the senior naval offi- (b) A naval vessel protection zone ex- cer present in command, or the official ists around U.S. naval vessels greater patrol. When within a naval vessel pro- than 100 feet in length overall at all tection zone, no vessel or person is al- times in the navigable waters of the lowed within 100 yards of a large U.S. naval vessel unless authorized by the United States, whether the large U.S. Coast Guard, the senior naval officer naval vessel is underway, anchored, present in command, or official patrol. moored, or within a floating dry dock, (e) To request authorization to oper- except when the large naval vessel is ate within 100 yards of a large U.S. moored or anchored within a restricted naval vessel, contact the Coast Guard, area or within a naval defensive sea the senior naval officer present in com- area. mand, or the official patrol on VHF-FM (c) The Navigation Rules shall apply channel 16. at all times within a naval vessel pro- (f) When conditions permit, the Coast tection zone. Guard, senior naval officer present in (d) When within a naval vessel pro- command, or the official patrol should: tection zone, all vessels shall operate (1) Give advance notice on VHF-FM at the minimum speed necessary to channel 16 of all large U.S. naval vessel maintain a safe course, unless required movements; and to maintain speed by the Navigation (2) Permit vessels constrained by Rules, and shall proceed as directed by their navigational draft or restricted in the Coast Guard, the senior naval offi- their ability to maneuver to pass with- cer present in command, or the official

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patrol. When within a naval vessel pro- 166.400 Areas along the coast of Alaska. tection zone, no vessel or person is al- 166.500 Areas along the Atlantic Coast. lowed within 100 yards of a large U.S. AUTHORITY: 33 U.S.C. 1223; 49 CFR 1.46. naval vessel unless authorized by the Coast Guard, the senior naval officer present in command, or official patrol. Subpart A—General (e) To request authorization to operate within 100 yards of a large U.S. § 166.100 Purpose. naval vessel, contact the Coast Guard, The purpose of these regulations is to the senior naval officer present in com- establish and designate shipping safety mand, or the official patrol on VHF-FM fairways and fairway anchorages to channel 16. provide unobstructed approaches for (f) When conditions permit, the Coast vessels using U.S. ports. Guard, senior naval officer present in command, or the official patrol should: [CGD 81–80a, 48 FR 30110, June 30, 1983] (1) Give advance notice on VHF-FM channel 16 of all large U.S. naval vessel § 166.103 Geographic coordinates. movements; Geographic coordinates expressed in (2) Permit vessels constrained by terms of latitude or longitude, or both, their navigational draft or restricted in are not intended for plotting on maps their ability to maneuver to pass with- or charts whose referenced horizontal in 100 yards of a large U.S. naval vessel datum is the North American Datum of in order to ensure a safe passage in ac- 1983 (NAD 83), unless such geographic cordance with the Navigation Rules; coordinates are expressly labeled NAD and 83. Geographic coordinates without the (3) Permit commercial vessels an- NAD 83 reference may be plotted on chored in a designated anchorage area maps or charts referenced to NAD 83 to remain at anchor when within 100 only after application of the appro- yards of passing large U.S. naval ves- priate corrections that are published sels; and on the particular map or chart being (4) Permit vessels that must transit used. via a navigable channel or waterway to pass within 100 yards of a moored or [CGD 86–082, 52 FR 33811, Sept. 8, 1987] anchored large U.S. naval vessel with minimal delay consistent with secu- § 166.105 Definitions. rity. (a) Shipping safety fairway or fairway means a lane or corridor in which no NOTE TO PARAGRAPH (f): The listed actions are discretionary and do not create any addi- artificial island or fixed structure, tional right to appeal or otherwise dispute a whether temporary or permanent, will decision of the Coast Guard, the senior naval be permitted. Temporary underwater officer present in command, or the official obstacles may be permitted under cer- patrol. tain conditions described for specific [PAC AREA–02–001, 67 FR 38394, June 4, 2002] areas in Subpart B. Aids to navigation approved by the U.S. Coast Guard may PART 166—SHIPPING SAFETY be established in a fairway. FAIRWAYS (b) Fairway anchorage means an anchorage area contiguous to and associ- Subpart A—General ated with a fairway, in which fixed structures may be permitted within Sec. certain spacing limitations, as de- 166.100 Purpose. scribed for specific areas in Subpart B. 166.103 Geographic coordinates. 166.105 Definitions. [CGD 81–80a, 48 FR 30110, June 30, 1983] 166.110 Modification of areas. § 166.110 Modification of areas. Subpart B—Designations of Fairways and Fairway Anchorages Fairways and fairway anchorages are subject to modification in accordance 166.200 Shipping safety fairways and an- with 33 U.S.C. 1223(c); 92 Stat. 1473. chorage areas, Gulf of Mexico. 166.300 Areas along the coast of California. [CGD 81–80a, 48 FR 30110, June 30, 1983]

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Subpart B—Designations of production complex, shall be consid- Fairways and Fairway Anchorages ered an attendant vessel and the extent of the complex shall include the vessel § 166.200 Shipping safety fairways and and its moorings. anchorage areas, Gulf of Mexico. (4) When a drilling or production (a) Purpose. Fairways and anchorage complex extends more than five hun- areas as described in this section are dred (500) yards from the center, a new established to control the erection of structure shall not be erected closer structures therein to provide safe ap- than two (2) nautical miles from the proaches through oil fields in the Gulf outer limit of the complex. of Mexico to entrances to the major (5) An underwater completion instal- ports along the Gulf Coast. lation in an anchorage area shall be (b) Special Conditions for Fairways in considered a structure and shall be the Gulf of Mexico. Temporary anchors marked with a lighted buoy approved and attendant cables or chains at- by the United States Coast Guard tached to floating or semisubmersible under § 66.01. drilling rigs outside a fairway may be (d) Designated Areas—(1) Brazos placed within a fairway described in Santiago Pass Safety Fairway. The areas this section for the Gulf of Mexico, pro- between rhumb lines joining points at: vided the following conditions are met: Latitude North Longitude West (1) Anchors installed within fairways to stablize semisubmersible drilling 26°03′27″ ...... 97°08′36″ 26°02′57″ ...... 97°07′11″ rigs shall be allowed to remain 120 26°02′06″ ...... 96°57′24″ days. This period may be extended by 25°58′54″ ...... 96°19′00″ the Army Corps of Engineers, as provided by § 209.135(b). and rhumb lines joining points at: (2) Drilling rigs must be outside of any fairway boundary to whatever dis- Latitude North Longitude West tance is necessary to ensure that the 26°04′27″ ...... 97°08′36″ minimum depth of water over an an- 26°04′58″ ...... 97°07′07″ chor line within a fairway is 125 feet. 26°04′12″ ...... 96°59′30″ 26°04′00″ ...... 96°57′24″ (3) No anchor buoys or floats or re- 26°00′54″ ...... 96°19′00″ lated rigging will be allowed on the surface of the water or to a depth of at (2) Brazos Santiago Pass Anchorage least 125 feet from the surface, within a Areas. The areas enclosed by rhumb fairway. lines joining points at: (4) Aids to Navigation or danger markings must be installed as required Latitude North Longitude West by 33 CFR Subchapter C. 26°02′57″ ...... 97°07′11″ (c) Special Conditions for Fairway An- 26°02′06″ ...... 96°57′24″ chorages in the Gulf of Mexico. Struc- 25°58′54″ ...... 96°57′24″ tures may be placed within an area des- 25°58′54″ ...... 97°07′18″ 26°02′57″ ...... 97°07′11″ ignated as a fairway anchorage, but the number of structures will be limited by and rhumb lines joining points at: spacing as follows: (1) The center of a structure to be Latitude North Longitude West erected shall not be less than two (2) 26°04′58″ ...... 97°07′07″ nautical miles from the center of any 26°09′00″ ...... 97°07′00″ existing structure. 26°09′00″ ...... 96°59′30″ (2) In a drilling or production com- 26°04′12″ ...... 96°59′30″ plex, associated structures connected 26°04′58″ ...... 97°07′07″ by walkways shall be considered one (3) Port Mansfield Safety Fairway. The structure for purposes of spacing, and area between a rhumb line joining shall be as close together as prac- points at: ticable having due consideration for the safety factors involved. Latitude North Longitude West (3) A vessel fixed in place by moorings and used in conjunction with the 26°33′39″ ...... 97°16′04″ 26°33′43″ ...... 97°14′38″ associated structures of a drilling or

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and rhumb lines joining points at: Latitude North Longitude West

Latitude North Longitude West 27°45′14″ ...... 96°55′26″ 27°43′00″ ...... 96°55′27″ 26°34′04″ ...... 97°16′05″ 27°44′09″ ...... 96°53′25″ 26°34′40″ ...... 97°15′47″ 27°45′14″ ...... 96°55′26″ 26°34′43″ ...... 97°14′40″ (6) Matagorda Entrance Safety Fair- (4) Aransas Pass Safety Fairway. The way. The areas between rhumb lines area between rhumb lines joining joining points at: points at: Latitude North Longitude West Latitude North Longitude West 28°24′50″ ...... 96°19′38″ 27°49′21″ ...... 97°02′08″ 28°22′16″ ...... 96°17′40″ 27°48′11″ ...... 97°01′06″ 28°14′48″ ...... 96°09′42″ ° ′ ″ ° ′ ″ 27°46′26″ ...... 96°57′40″ 28 11 24 ...... 96 06 06 ° ′ ″ ° ′ ″ 27°45′14″ ...... 96°55′26″ 28 10 06 ...... 96 04 42 ° ′ ″ ° ′ ″ 27°44′09″ ...... 96°53′25″ 27 38 02 ...... 95 49 39 27°42′47″ ...... 96°51′39″ 27°39′24″ ...... 96°48′26″ with rhumb lines joining points at: 27°21′59″ ...... 96°11′42″ Latitude North Longitude West and rhumb lines joining points at: 28°25′31″ ...... 96°18′48″ 28°23′38″ ...... 96°16′00″ Latitude North Longitude West 28°16′12″ ...... 96°08′06″ 28°12′30″ ...... 96°04′12″ 27°50′15″ ...... 97°01′32″ 28°11′13″ ...... 96°02′46″ 27°49′54″ ...... 96°59′56″ 27°38′12″ ...... 95°47′19″ 27°45′22″ ...... 96°51′19″ 27°44′35″ ...... 96°48′31″ 27°43′49″ ...... 96°45′47″ (7) Matagorda Entrance Anchorage 27°35′17″ ...... 96°27′46″ Areas. The areas enclosed by rhumb 27°33′33″ ...... 96°24′06″ lines joining points at: 27°25′53″ ...... 96°07′56″ Latitude North Longitude West separated by areas enclosed by rhumb 28°22′16″ ...... 96°17′40″ lines joining points at: 28°14′48″ ...... 96°09′42″ 28°12′42″ ...... 96°12′12″ Latitude North Longitude West 28°20′12″ ...... 96°20′12″ 28°22′16″ ...... 96°17′40″ 27°41′10″ ...... 96°47′23″ 27°34′50″ ...... 96°34′01″ 27°34′59″ ...... 96°31′56″ and rhumb lines joining points at: 27°42′03″ ...... 96°46′51″ 27°41′10″ ...... 96°47′23″ Latitude North Longitude West

28°23′38″ ...... 96°16′00″ and rhumb lines joining points at: 28°25′36″ ...... 96°13′36″ 28°18′12″ ...... 96°05′36″ Latitude North Longitude West 28°16′12″ ...... 96°08′06″ 28°23′38″ ...... 96°16′00″ 27°33′06″ ...... 96°30′21″ ° ′ ″ ° ′ ″ 27 23 33 ...... 96 10 12 (8) Freeport Harbor Safety Fairway. 27°24′19″ ...... 96°09′26″ 27°33′15″ ...... 96°28′16″ The area between rhumb lines joining 27°33′06″ ...... 96°30′21″ points at:

(5) Aransas Pass Anchorage Areas. The Latitude North Longitude West areas enclosed by rhumb lines joining 28°55′19″ ...... 95°17′46″ points at: 28°52′58″ ...... 95°16′06″ 28°44′52″ ...... 95°07′43″ Latitude North Longitude West 28°43′32″ ...... 95°06′18″ 28°04′48″ ...... 94°26′12″ 27°49′54″ ...... 96°59′56″ 27°45′22″ ...... 96°51′19″ 27°51′46″ ...... 96°40′12″ and rhumb lines joining points at: 27°53′36″ ...... 96°56′30″ 27°49′54″ ...... 96°59′56″ Latitude North Longitude West 28°55′59″ ...... 95°16′55″ and rhumb lines joining points at: 28°54′05″ ...... 95°14′10″

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Latitude North Longitude West Latitude North Longitude West

28°45′58″ ...... 95°5′48″ 29°19′23″ ...... 94°37′08″ 28°44′39″ ...... 95°04′22″ 29°22′18″ ...... 94°32′00″ 28°07′46″ ...... 94°26′12″ 29°14′23″ ...... 94°25′53″ 29°13′24″ ...... 94°27′33″ ° ′ ″ ° ′ ″ (9) Freeport Harbor Anchorage Areas. 29 19 23 ...... 94 37 08 The areas enclosed by rhumb lines join- (12) Sabine Pass Safety Fairway. The ing points at: areas between rhumb lines joining Latitude North Longitude West points at:

28°52′58″ ...... 95°16′06″ Latitude North Longitude West 28°44′52″ ...... 95°07′43″ 28°42′24″ ...... 95°12′00″ 29°38′25″ ...... 93°50′02″ 28°51′30″ ...... 95°18′42″ 29°35′19″ ...... 93°49′10″ ° ′ ″ ° ′ ″ 28°52′58″ ...... 95°16′06″ 29 33 00 ...... 93 46 26 29°32′03″ ...... 93°46′44″ 29°30′39″ ...... 93°43′41″ and rhumb lines joining points at: 29°28′30″ ...... 93°41′09″ 29°07′28″ ...... 93°41′08″ Latitude North Longitude West 28°17′17″ ...... 92°57′59″ 28°11′57″ ...... 92°53′25″ 28°54′05″ ...... 95°14′10″ 27°51′58″ ...... 92°36′20″ 28°56′54″ ...... 95°09′18″ 28°47′42″ ...... 95°02′42″ 28°45′58″ ...... 95°05′48″ and rhumb lines joining points at: 28°54′05″ ...... 95°14′10″ Latitude North Longitude West

(10) Galveston Entrance Safety Fair- 29°38′48″ ...... 93°48′59″ ways. The areas between rhumb lines 29°37′32″ ...... 93°48′02″ 29°36′28″ ...... 93°47′14″ joining points at: 29°32′52″ ...... 93°43′00″ 29°31′13″ ...... 93°41′04″ Latitude North Longitude West 29°29′20″ ...... 93°38′51″ ° ′ ″ ° ′ ″ ° ′ ″ ° ′ ″ 29 08 08 ...... 93 38 52 27 44 03 ...... 94 26 12 28°39′02″ ...... 93°13′39″ ° ′ ″ ° ′ ″ 28 04 48 ...... 94 26 12 28°36′15″ ...... 93°11′15″ ° ′ ″ ° ′ ″ 28 07 46 ...... 94 26 12 27°52′09″ ...... 92°33′40″ 29°06′24″ ...... 94°26′12″ 29°07′42″ ...... 94°27′48″ 29°18′10″ ...... 94°39′16″ (13) Sabine Pass Anchorage Areas—(i) 29°19′39″ ...... 94°41′33″ Sabine Pass Inshore Anchorage Area. The 29°20′44″ ...... 94°40′44″ area enclosed by rhumb lines joining 29°19′23″ ...... 94°37′08″ 29°10′30″ ...... 94°22′54″ points at: 29°10′17″ ...... 94°22′30″ 29°09′06″ ...... 94°20′36″ Latitude North Longitude West 28°17′17″ ...... 92°57′59″ 29°37′32″ ...... 93°48′02″ 29°37′32″ ...... 93°21′25″ and rhumb lines joining points at: 29°32′52″ ...... 93°43′00″ 29°36′28″ ...... 93°47′14″ Latitude North Longitude West (ii) Sabine Bank Offshore (North) An- ° ′ ″ ° ′ ″ 27 44 13 ...... 94 23 57 chorage Area. The area enclosed by 29°06′24″ ...... 94°23′55″ 29°07′41″ ...... 94°22′23″ rhumb lines joining points at: 28°11′57″ ...... 92°53′25″ Latitude North Longitude West

(11) Galveston Entrance Anchorage 29°26′06″ ...... 93°43′00″ Areas. The areas enclosed by rhumb 29°26′06″ ...... 93°41′08″ lines joining points at: 29°24′06″ ...... 93°41′08″ 29°24′06″ ...... 93°43′00″ Latitude North Longitude West (iii) Sabine Bank Offshore (South) An- ° ′ ″ ° ′ ″ 29 18 10 ...... 94 39 16 chorage Area. The area enclosed by 29°08′04″ ...... 94°28′12″ 29°03′13″ ...... 94°36′48″ rhumb lines joining points at: 29°14′48″ ...... 94°45′12″ 29°18′10″ ...... 94°39′16″ Latitude North Longitude West

29°16′55″ ...... 93°43′00″ and rhumb lines joining points at: 29°16′55″ ...... 93°41′08″

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Latitude North Longitude West Latitude North Longitude West

29°14′29″ ...... 93°41′08″ 28°43′32″ ...... 95°06′18″ 29°14′29″ ...... 93°43′00″ 28°44′39″ ...... 95°04′22″ 29°06′24″ ...... 94°26′12″ (iv) Sabine Bank Offshore (East) An- 29°06′24″ ...... 94°23′55″ 29°07′41″ ...... 94°22′23″ chorage Area. The area enclosed by 29°09′06″ ...... 94°20′36″ rhumb lines joining points at: 29°27′40″ ...... 93°57′18″ 29°30′39″ ...... 93°43′41″ Latitude North Longitude West 29°31′13″ ...... 93°41′04″ 29°33′56″ ...... 93°28′35″ 29°26′06″ ...... 93°38′52″ 29°32′57″ ...... 93°17′00″ 29°26′06″ ...... 93°37′00″ 29°24′06″ ...... 93°37′00″ (15) Calcasieu Pass Safety Fairway. ° ′ ″ ° ′ ″ 29 24 06 ...... 93 38 52 The areas between rhumb lines joining points at: (14) Coastwise Safety Fairways—(i) Brazos Santiago Pass to Aransas Pass. Latitude North Longitude West The areas between rhumb lines joining 29°45′00″ ...... 93°20′58″ points at: 29°40′56″ ...... 93°20′18″ 29°38′18″ ...... 93°20′42″ Latitude North Longitude West 29°37′32″ ...... 93°21′25″ 29°32′57″ ...... 93°17′00″ ° ′ ″ ° ′ ″ 26 04 12 ...... 96 59 30 29°31′08″ ...... 93°14′38″ ° ′ ″ ° ′ ″ 26 09 00 ...... 96 59 30 28°39′02″ ...... 93°13′39″ 27°46′26″ ...... 96°57′40″ and rhumb lines joining points at: and rhumb lines joining points at: Latitude North Longitude West Latitude North Longitude West 29°45′05″ ...... 93°20′03″ 25°58′54″ ...... 96°57′24″ 29°41′12″ ...... 93°19′37″ 26°02′06″ ...... 96°57′24″ 29°37′30″ ...... 93°18′15″ 26°04′00″ ...... 96°57′24″ 29°31′16″ ...... 93°12′16″ 27°40′36″ ...... 96°55′30″ 28°36′15″ ...... 93°11′15″ 27°43′00″ ...... 96°55′27″ ° ′ ″ ° ′ ″ 27 45 14 ...... 96 55 26 (16) Calcasieu Pass Anchorage Areas— (i) Calcasieu Pass North Anchorage Area. (ii) Aransas Pass to Calcasieu Pass. The area enclosed by rhumb lines join- The areas between rhumb lines joining ing points at: points at: Latitude North Longitude West Latitude North Longitude West 29°41′12″ ...... 93°19′37″ ° ′ ″ ° ′ ″ 27 43 00 ...... 96 55 27 29°41′12″ ...... 93°12′28″ ° ′ ″ ° ′ ″ 27 44 09 ...... 96 53 25 29°31′16″ ...... 93°12′16″ 27°45′22″ ...... 96°51′19″ 29°37′30″ ...... 93°18′15″ 27°51′46″ ...... 96°40′12″ 28°11′24″ ...... 96°06′06″ 28°12′30″ ...... 96°04′12″ (ii) Calcasieu Pass South Anchorage 28°42′24″ ...... 95°12′00″ Area. The area enclosed by rhumb lines 28°44′52″ ...... 95°07′43″ joining points at: 28°45′58″ ...... 95°05′48″ 28°47′42″ ...... 95°02′42″ Latitude North Longitude West 29°07′42″ ...... 94°27′48″ 29°10′17″ ...... 94°22′30″ 28°59′30″ ...... 93°16′30″ 29°29′30″ ...... 93°58′24″ 28°59′30″ ...... 93°14′00″ 29°32′03″ ...... 93°46′44″ 28°56′00″ ...... 93°14′00″ 29°33′00″ ...... 93°46′26″ 28°56′00″ ...... 93°16′30″ 29°32′52″ ...... 93°43′00″ 29°37′32″ ...... 93°21′25″ (17) Lower Mud Lake Safety Fairway. The area enclosed by rhumb lines join- with rhumb lines joining points at: ing points at:

Latitude North Longitude West Latitude North Longitude West ° ′ ″ ° ′ ″ 27 40 36 ...... 96 55 30 29°43′24″ ...... 93°00′18″ ° ′ ″ ° ′ ″ 27 42 47 ...... 96 51 39 29°42′00″ ...... 93°00′18″ 27°44′35″ ...... 96°48′31″ 28°10′06″ ...... 96°04′42″ 28°11′13″ ...... 96°02′46″ and rhumb lines joining points at:

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Latitude North Longitude West and a line joining points at:

29°43′33″ ...... 93°00′48″ Latitude North Longitude West 29°42′00″ ...... 93°00′48″ 29°00′40″ ...... 90°59′43″ (18) Freshwater Bayou Safety Fairway. 29°05′06″ ...... 90°57′03″ 29°09′46″ ...... 90°56′27″ The area between lines joining points at: (22) Cat Island Pass Safety Fairway. Latitude North Longitude West The area between lines joining points at: 29°31′59″ ...... 92°18′45″ 29°31′10″ ...... 92°18′54″ Latitude North Longitude West 29°31′13″ ...... 92°19′14″ 29°27′44″ ...... 92°19′53″ 29°05′57″ ...... 90°34′32″ 29°04′56″ ...... 90°35′09″ 29°03′14″ ...... 90°35′10″ and a line joining points at: 29°03′14″ ...... 90°35′17″ 29°01′24″ ...... 90°34′55″ Latitude North Longitude West

29°27′34″ ...... 92°18′45″ and lines joining points at: 29°31′03″ ...... 92°18′06″ 29°31′06″ ...... 92°18′26″ Latitude North Longitude West 29°31′55″ ...... 92°18′17″ 29°06′00″ ...... 90°34′21″ 29°05′31″ ...... 90°34′12″ (19) Southwest Pass Safety Fairway. 29°03′13″ ...... 90°34′13″ The area between lines joining points 29°03′13″ ...... 90°34′07″ at: 29°01′34″ ...... 90°33′47″

Latitude North Longitude West (23) Belle Pass Safety Fairway. The area between a line joining points at: 29°34′48″ ...... 92°03′12″ 29°30′48″ ...... 92°07′00″ Latitude North Longitude West 29°23′30″ ...... 92°08′24″ 29°05′06″ ...... 90°14′07″ and lines joining points at: 29°02′50″ ...... 90°14′46″

Latitude North Longitude West and a line joining points at: ° ′ ″ ° ′ ″ 29 34 24 ...... 92 02 24 Latitude North Longitude West 29°30′24″ ...... 92°06′12″ 29°23′24″ ...... 92°07′30″ 29°02′56″ ...... 90°13′48″ 29°05′06″ ...... 90°13′10″ (20) Atchafalaya Pass Safety Fairway. The area between a line joining points (24) Barataria Pass Safety Fairway. at: The area between a line joining points at: Latitude North Longitude West Latitude North Longitude West 29°22′36″ ...... 91°23′28″ 29°14′42″ ...... 91°30′28″ 29°16′00″ ...... 89°57′00″ 29°14′54″ ...... 89°55′48″ and a line joining points at: and a line joining points at: Latitude North Longitude West Latitude North Longitude West 29°14′05″ ...... 91°29′34″ 29°21′59″ ...... 91°22′34″ 29°16′30″ ...... 89°56′06″ 29°15′18″ ...... 89°55′00″ (21) Bayou Grand Caillou Safety Fair- way. The area between a line joining (25) Grand Bayou Pass Safety Fairway. points at: The areas between a line joining points at: Latitude North Longitude West Latitude North Longitude West 29°10′59″ ...... 90°57′26″ 29°05′24″ ...... 90°58′10″ 29°17′36″ ...... 89°41′36″ 29°01′08″ ...... 91°00′44″ 29°16′48″ ...... 89°42′12″

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and a line joining points at: Latitude North Longitude West

Latitude North Longitude West 28°50′40″ ...... 89°24′48″ 28°48′48″ ...... 89°24′48″ 29°17′18″ ...... 89°40′36″ 28°47′24″ ...... 89°26′30″ ° ′ ″ ° ′ ″ 29 16 18 ...... 89 41 18 28°00′36″ ...... 90°08′18″

(26) Empire to the Gulf Safety Fairway. (ii) Southwest Pass (Mississippi River) The area between a line joining points to Sea Safety Fairway. The area en- at: closed by rhumb lines joining points at:

Latitude North Longitude West Latitude North Longitude West 29°15′22″ ...... 89°36′55″ 28°54′33″ ...... 89°26′07″ 29°13′52″ ...... 89°37′15″ 28°52′42″ ...... 89°27′06″ 28°50′00″ ...... 89°27′06″ and a line joining points at: 28°47′24″ ...... 89°26′30″ 28°36′28″ ...... 89°18′45″ Latitude North Longitude West

29°13′24″ ...... 89°36′11″ and rhumb lines joining points at: 29°14′54″ ...... 89°35′51″ Latitude North Longitude West (27) Gulf Safety Fairway. Aransas Pass 28°54′18″ ...... 89°25′46″ Safety Fairway to Southwest Pass Safety 28°53′30″ ...... 89°25′18″ Fairway. The areas between rhumb 28°53′30″ ...... 89°23′48″ lines joining points at: 28°50′40″ ...... 89°24′48″ 28°48′48″ ...... 89°24′48″ Latitude North Longitude West 28°45′06″ ...... 89°22′12″ 28°43′27″ ...... 89°21′01″ ° ′ ″ ° ′ ″ 27 33 06 ...... 96 30 21 28°37′54″ ...... 89°17′06″ 27°33′15″ ...... 96°28′16″ 27°33′33″ ...... 96°24′06″ 28°00′36″ ...... 90°08′18″ (iii) Southwest Pass (Mississippi River) to South Pass (Mississippi River) Safety and rhumb lines joining points at: Fairway. The areas between rhumb line joining points at: Latitude North Longitude West Latitude North Longitude West 27°34′50″ ...... 96°34′01″ ° ′ ″ ° ′ ″ 27 34 59 ...... 96 31 56 28°45′06″ ...... 89°22′12″ ° ′ ″ ° ′ ″ 27 35 17 ...... 96 27 46 28°55′56″ ...... 89°03′09″ 27°38′02″ ...... 95°49′39″ 27°38′12″ ...... 95°47′19″ 27°44′03″ ...... 94°26′12″ and rhumb lines joining points at: 27°44′13″ ...... 94°23′57″ ° ′ ″ ° ′ ″ 27 51 58 ...... 92 36 20 Latitude North Longitude West 27°52′09″ ...... 92°33′40″ ° ′ ″ ° ′ ″ 28 02 32 ...... 90 09 28 28°43′27″ ...... 89°21′01″ 28°54′55″ ...... 89°00′44″ (28) Southwest Pass (Mississippi River) Safety Fairway—(i) Southwest Pass (Mis- (29) Southwest Pass (Mississippi River) sissippi River) to Gulf Safety Fairway. Anchorage. The area enclosed by rhumb The area enclosed by rhumb lines join- lines joining points at: ing points at: Latitude North Longitude West Latitude North Longitude West 28°53′30″ ...... 89°23′48″ 28°54′33″ ...... 89°26′07″ 28°53′30″ ...... 89°21′48″ 28°52′42″ ...... 89°27′06″ 28°55′06″ ...... 89°21′48″ 28°50′00″ ...... 89°27′06″ 28°55′06″ ...... 89°19′18″ 28°02′32″ ...... 90°09′28″ 28°52′41″ ...... 89°17′30″ 28°50′40″ ...... 89°21′14″ and rhumb lines joining points at: 28°50′40″ ...... 89°24′48″

Latitude North Longitude West (30) South Pass (Mississippi River) Safe- ty Fairway—(i) South Pass to Sea Safety 28°54′18″ ...... 89°25′46″ 28°53′30″ ...... 89°25′18″ Fairway. The areas between rhumb 28°53′30″ ...... 89°23′48″ lines joining points at:

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Latitude North Longitude West Latitude North Longitude West

28°59′18″ ...... 89°08′30″ 29°26′38″ ...... 88°58′43″ 28°58′42″ ...... 89°07′30″ 28°58′09″ ...... 89°08′30″ 28°55′56″ ...... 89°03′09″ (ii) Mississippi River-Gulf Outlet Chan- 28°54′55″ ...... 89°00′44″ nel to Mobile Ship Channel Safety Fair- 28°54′15″ ...... 88°59′00″ way. The areas within rhumb lines joining points at: and rhumb lines joining points at: Latitude North Longitude West Latitude North Longitude West 29°26′38″ ...... 88°58′43″ East jetty light: 29°29′57″ ...... 88°54′48″ 28°59′24″ ...... 89°08′12″ 29°38′59″ ...... 88°44′04″ 29°00′09″ ...... 89°07′24″ 29°56′43″ ...... 88°20′50″ 29°00′00″ ...... 89°07′00″ 29°58′03″ ...... 88°19′05″ 28°57′56″ ...... 89°02′18″ 30°05′29″ ...... 88°09′19″ 28°57′18″ ...... 89°00′48″ 28°56′16″ ...... 88°58′29″ 28°55′42″ ...... 88°57′06″ and rhumb lines joining points at:

(ii) South Pass (Mississippi River) to Latitude North Longitude West Mississippi River-Gulf Outlet Channel 29°26′28″ ...... 88°55′39″ Safety Fairway. The areas between 29°27′54″ ...... 88°53′54″ rhumb lines joining points at: 29°37′32″ ...... 88°42′28″ 29°55′14″ ...... 88°19′15″ 29°56′34″ ...... 88°17′30″ Latitude North Longitude West 30°03′50″ ...... 88°08′01″ ° ′ ″ ° ′ ″ 28°57′18″ ...... 89°00′48″ 30 05 15 ...... 88 06 05 29°04′18″ ...... 88°48′31″ 29°24′35″ ...... 88°57′17″ (33) Mississippi River-Gulf Outlet An- chorage. (i) The areas within rhumb and rhumb lines joining points at: lines joining points at:

Latitude North Longitude West Latitude North Longitude West

28°56′16″ ...... 88°58′29″ 29°27′01″ ...... 89°01′54″ 29°03′30″ ...... 88°45′42″ 29°32′12″ ...... 88°55′42″ 29°23′06″ ...... 88°54′11″ 29°29′57″ ...... 88°54′48″ 29°26′28″ ...... 88°55′39″ 29°26′38″ ...... 88°58′43″

(31) South Pass (Mississippi River) An- (ii) The areas within rhumb lines chorage. The areas within rhumb lines joining points at: joining points at: Latitude North Longitude West Latitude North Longitude West 29°26′28″ ...... 88°55′39″ 29°00′00″ ...... 89°07′00″ 29°27′54″ ...... 88°53′54″ 29°03′36″ ...... 89°02′18″ 29°24′33″ ...... 88°52′27″ 28°57′56″ ...... 89°02′18″ 29°23′06″ ...... 88°54′11″

(32) Mississippi River-Gulf Outlet Safety (34) Gulfport Safety Fairway. The Fairway. (i) The areas between rhumb areas between rhumb lines joining lines joining points at: points at:

Latitude North Longitude West Latitude North Longitude West

29°42′10″ ...... 89°25′49″ 30°20′54″ ...... 89°05′36″ 29°29′33″ ...... 89°07′47″ 30°13′56″ ...... 88°59′42″ 29°27′14″ ...... 89°03′20″ 30°11′09″ ...... 88°59′56″ 29°24′38″ ...... 89°00′00″ 30°06′45″ ...... 88°56′24″ 29°24′35″ ...... 88°57′17″ 30°05′42″ ...... 88°56′24″

and rhumb lines joining points at: and rhumb lines joining points at:

Latitude North Longitude West Latitude North Longitude West

29°42′29″ ...... 89°25′31″ 30°21′27″ ...... 89°04′38″ 29°29′53″ ...... 89°07′31″ 30°14′11″ ...... 88°58′29″ 29°27′01″ ...... 89°01′54″ 30°11′29″ ...... 88°58′45″

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Latitude North Longitude West Latitude North Longitude West

30°07′42″ ...... 88°55′37″ 30°20′26″ ...... 188°31′25″ 30°18′39″ ...... 188°31′25″ (35) Biloxi Safety Fairway. The area between lines joining points at: and rhumb lines joining points at:

Latitude North Longitude West Latitude North Longitude West

30°24′06″ ...... 88°50′57″ 30°19′21″ ...... 88°30′12″ 30°23′15″ ...... 88°50′22″ 30°17′25″ ...... 88°30′12″ 30°21′11″ ...... 88°47′36″ 30°12′46″ ...... 88°29′42″ 30°20′13″ ...... 88°47′04″ 30°11′21″ ...... 88°31′00″ ° ′ ″ ° ′ ″ 30°15′06″ ...... 88°47′06″ 30 09 33 ...... 88 29 48 ° ′ ″ ° ′ ″ 30°13′09″ ...... 88°47′46″ 30 07 30 ...... 88 29 09 ° ′ ″ ° ′ ″ 30°12′23″ ...... 88°49′02″ 29 58 03 ...... 88 19 05 29°56′34″ ...... 88°17′30″ 29°20′48″ ...... 87°39′31″ and lines joining points at: (38) Horn Island Pass to Mobile Ship Latitude North Longitude West Channel Safety Fairway. The areas be- 30°24′27″ ...... 88°50′31″ tween rhumb line joining points at: 30°23′57″ ...... 88°49′31″ 30°21′42″ ...... 88°46′36″ Latitude North Longitude West 30°20′25″ ...... 88°45′55″ 30°14′57″ ...... 88°45′57″ 30°09′33″ ...... 88°29′48″ 30°12′56″ ...... 88°46′39″ 30°07′15″ ...... 88°06′54″ 30°12′00″ ...... 88°45′25″ and rhumb line joining points at: (36) Ship Island Pass to Horn Island Pass Safety Fairway. The areas between Latitude North Longitude West rhumb line joining points at: 30°07′30″ ...... 88°29′09″ 30°05′29″ ...... 88°09′19″ Latitude North Longitude West

30°05′42″ ...... 88°56′24″ (39) Mobile Safety Fairway—(i) Mobile 30°06′38″ ...... 88°31′26″ Ship Channel Safety Fairway. The areas between rhumb lines joining points at: and rhumb line joining points at: Latitude North Longitude West Latitude North Longitude West 30°38′46″ ...... 88°03′24″ ° ′ ″ ° ′ ″ 30°07′42″ ...... 88°55′37″ 30 38 14 ...... 88 02 42 ° ′ ″ ° ′ ″ 30°08′27″ ...... 88°36′57″ 30 31 59 ...... 88 02 00 30°31′59″ ...... 88°04′59″ (37) Pascagoula Safety Fairway. The areas between rhumb lines joining and rhumb lines joining points at: points at: Latitude North Longitude West

Latitude North Longitude West 30°31′00″ ...... 88°05′30″ 30°31′00″ ...... 88°01′54″ ° ′ ″ ° ′ ″ 30 20 46 ...... 88 34 39 30°26′55″ ...... 88°01′26″ ° ′ ″ ° ′ ″ 30 20 21 ...... 88 34 39 30°16′35″ ...... 88°02′45″ ° ′ ″ ° ′ ″ 30 17 00 ...... 88 31 21 30°14′09″ ...... 88°03′24″ ° ′ ″ ° ′ ″ 30 12 59 ...... 88 30 53 30°10′36″ ...... 88°03′53″ ° ′ ″ ° ′ ″ 30 11 50 ...... 88 32 05 30°08′10″ ...... 88°04′40″ ° ′ ″ ° ′ ″ 30 08 27 ...... 88 36 57 30°07′15″ ...... 88°06′54″ 30°06′38″ ...... 88°31′26″ 29°56′43″ ...... 88°20′50″ 29°55′14″ ...... 88°19′15″ and rhumb lines joining points at: 29°20′00″ ...... 87°41′47″ Latitude North Longitude West

and rhumb line joining points at: 30°39′55″ ...... 88°01′15″ 30°37′06″ ...... 88°01′23″ Latitude North Longitude West 30°26′11″ ...... 88°00′11″ 30°16′18″ ...... 88°01′35″ 30°20′30″ ...... 88°33′18″ 30°13′52″ ...... 88°01′12″ 30°18′39″ ...... 88°31′25″ 30°13′14″ ...... 88°01′12″ 30°10′36″ ...... 88°01′35″ ° ′ ″ ° ′ ″ and rhumb line joining points at: 30 08 04 ...... 88 00 36

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(ii) Mobile Ship Channel to Sea Safety Latitude North Longitude West Fairway. The areas between rhumb ° ′ ″ ° ′ ″ lines joining points at: 30 25 35 ...... 87 10 30

Latitude North Longitude West and rhumb lines joining points at: ° ′ ″ ° ′ ″ 30 05 15 ...... 88 01 13 Latitude North Longitude West 30°03′50″ ...... 88°00′00″ ° ′ ″ ° ′ ″ 29 25 46 ...... 87 29 13 30°24′36″ ...... 87°07′07″ 30°22′57″ ...... 87°09′38″ and rhumb line joining points at: 30°22′36″ ...... 87°11′50″ 30°19′21″ ...... 87°14′46″ Latitude North Longitude West 30°19′52″ ...... 87°17′31″

30°06′17″ ...... 87°59′15″ 29°27′00″ ...... 87°27′18″ and rhumb lines joining points at:

(iii) Mobile to Pensacola Safety Fair- Latitude North Longitude West way. The areas between rhumb line 30°19′15″ ...... 87°17′37″ joining points at: 30°16′28″ ...... 87°16′32″ 30°14′32″ ...... 87°16′06″ Latitude North Longitude West 30°12′33″ ...... 87°15′43″ 29°42′30″ ...... 87°15′43″ 30°08′04″ ...... 88°00′36″ ° ′ ″ ° ′ ″ 30 14 20 ...... 87 19 05 (42) Pensacola Anchorage. (i) The area within rhumb lines joining points at: and rhumb line joining points at: Latitude North Longitude West Latitude North Longitude West 30°11′49″ ...... 87°22′41″ ° ′ ″ ° ′ ″ 30 06 17 ...... 87 59 15 30°12′31″ ...... 87°18′00″ 30°12′31″ ...... 87°18′00″ 30°10′03″ ...... 87°18′00″ 30°09′21″ ...... 87°22′41″ (40) Mobile Anchorage. The areas within rhumb lines joining points at: (ii) The area within rhumb lines joining points at: Latitude North Longitude West

30°05′15″ ...... 88°06′05″ Latitude North Longitude West 30°05′15″ ...... 88°01′13″ ° ′ ″ ° ′ ″ 30°03′50″ ...... 88°00′00″ 30 16 28 ...... 87 16 32 30°03′50″ ...... 88°08′01″ 30°17′14″ ...... 87°11′52″ 30°15′14″ ...... 87°11′52″ ° ′ ″ ° ′ ″ (41) Pensacola Safety Fairway. The 30 14 32 ...... 87 16 06 areas between rhumb lines joining (43) Pensacola to Panama City Safety points at: Fairway. The area between rhumb lines Latitude North Longitude West joining points at:

30°23′41″ ...... 87°14′34″ Latitude North Longitude West 30°23′06″ ...... 87°13′53″ 30°22′54″ ...... 87°13′53″ 30°14′32″ ...... 87°16′06″ 30°20′47″ ...... 87°15′45″ 30°15′14″ ...... 87°11′52″ 30°18′45″ ...... 86°50′00″ ° ′ ″ ° ′ ″ and rhumb lines joining points at: 30 18 00 ...... 86 20 00 29°51′30″ ...... 85°47′33″ Latitude North Longitude West and rhumb lines joining points at: 30°18′43″ ...... 87°19′24″ 30°15′57″ ...... 87°18′19″ Latitude West Longitude West 30°14′20″ ...... 87°19′05″ 30°12′31″ ...... 87°18′00″ 30°12′33″ ...... 87°15′43″ 30°10′03″ ...... 87°18′00″ 30°16′44″ ...... 86°49′49″ 29°37′00″ ...... 87°18′00″ 30°16′01″ ...... 86°20′57″ 29°48′45″ ...... 85°47′33″ and rhumb lines joining points at: (44) Panama City Safety Fairways. The Latitude North Longitude West areas between rhumb lines joining 30°26′27″ ...... 87°08′28″ points at:

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Latitude North Longitude West (48) Tampa Safety Fairways. The area between rhumb lines joining points at: 30°09′24″ ...... 85°40′12″ ° ′ ″ ° ′ ″ 30 09 21 ...... 85 41 40 Latitude North Longitude West 30°07′36″ ...... 85°44′20″ ° ′ ″ ° ′ ″ 30 06 32 ...... 85 47 33 27°37′48″ ...... 82°45′54″ ° ′ ″ ° ′ ″ 29 51 30 ...... 85 47 33 27°36′48″ ...... 82°55′54″ ° ′ ″ ° ′ ″ 29 48 45 ...... 85 47 33 27°36′48″ ...... 83°00′00″ ° ′ ″ ° ′ ″ 29 03 30 ...... 85 47 33 27°36′48″ ...... 84°39′10″

and rhumb lines joining points at: and rhumb lines joining points at:

Latitude North Longitude West Latitude North Longitude West ° ′ ″ ° ′ ″ 30 08 34 ...... 85 40 16 27°35′54″ ...... 82°45′42″ ° ′ ″ ° ′ ″ 30 07 55 ...... 85 41 50 27°34′48″ ...... 82°55′54″ ° ′ ″ ° ′ ″ 30 06 49 ...... 85 43 28 27°34′48″ ...... 83°00′00″ ° ′ ″ ° ′ ″ 30 04 40 ...... 85 45 15 27°34′48″ ...... 84°39′00″ 29°55′27″ ...... 85°45′15″ 29°51′20″ ...... 85°45′15″ 29°49′19″ ...... 85°45′15″ (49) Tampa Anchorages—(i) Eastern 29°00′00″ ...... 85°45′15″ Tampa Fairway Anchorage. The area enclosed by rhumb lines [North American (45) Panama City Anchorage. The area Datum of 1927 (NAD–27)] joining points within rhumb lines joining points at: at:

Latitude North Longitude West Latitude North Longitude West

29°55′27″ ...... 85°45′15″ 27°36′48″ ...... 83°00′00″ 29°55′27″ ...... 85°42′25″ 27°39′00″ ...... 83°00′00″ 29°51′39″ ...... 85°42′25″ 27°39′00″ ...... 82°55′54″ 29°51′20″ ...... 85°45′15″ 27°36′48″ ...... 82°55′54″

(46) Port St. Joe Fairway to Panama (ii) Western Tampa Fairway Anchor- City Fairway. The area between rhumb age. The area enclosed by rhumb lines lines joining points at: [North American Datum of 1927 (NAD– 27)] joining points at: Latitude North Longitude West

29°49′54″ ...... 85°19′24″ Latitude North Longitude West 29°50′59″ ...... 85°22′25″ 27°36′48″ ...... 83°05′06″ 29°53′32″ ...... 85°22′25″ 27°39′00″ ...... 83°05′06″ 29°54′12″ ...... 85°24′00″ 27°39′00″ ...... 83°01′00″ 29°54′12″ ...... 85°25′55″ 27°36′48″ ...... 83°01′00″ 29°52′58″ ...... 85°28′43″ 29°53′00″ ...... 85°29′48″ 29°51′39″ ...... 85°42′25″ (50) Charlotte Safety Fairways. The 29°51′20″ ...... 85°45′15″ area between rhumb lines joining points at: and rhumb lines joining points at: Latitude North Longitude West Latitude North Longitude West 26°41′18″ ...... 82°19′00″ 29°48′22″ ...... 85°18′12″ 25°30′00″ ...... 84°22′00″ 29°47′21″ ...... 85°21′00″ 29°50′42″ ...... 85°23′31″ 29°52′51″ ...... 85°23′36″ and rhumb lines joining points at: 29°53′10″ ...... 85°24′18″ 29°53′10″ ...... 85°25′33″ Latitude North Longitude West ° ′ ″ ° ′ ″ 29 51 57 ...... 85 28 19 ° ′ ″ ° ′ ″ 29°51′04″ ...... 85°29′00″ 26 40 19 ...... 82 18 28 ° ′ ″ ° ′ ″ 26°38′30″ ...... 82°19′54″ 29 50 40 ...... 85 32 39 ° ′ ″ ° ′ ″ 29°49′19″ ...... 85°45′15″ 26 39 00 ...... 82 19 00 25°28′00″ ...... 84°21′30″ (47) Port St. Joe Anchorage. The area (51) Charlotte Anchorage. The area within rhumb lines joining points at: within rhumb lines joining points at: Latitude North Longitude West Latitude North Longitude West 29°50′40″ ...... 85°32′39″ ° ′ ″ ° ′ ″ 26°39′00″ ...... 82°19′00″ 29 51 04 ...... 85 29 00 ° ′ ″ ° ′ ″ 29°49′18″ ...... 85°30′18″ 26 38 12 ...... 82 18 24 26°37′36″ ...... 82°19′18″

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Latitude North Longitude West at the 3-mile limit, all between lines joining the following points: 26°38′30″ ...... 82°19′54″ Latitude Longitude (52) Louisiana Offshore Oil Port (LOOP) Shipping Safety Fairway to Safe- 34°06′30″ N 119°15′00″ W 34°07′37″ N 119°14′25″ W ty Zone—(i) North of Gulf Safety Fair- 34°08′49″ N 119°13′21″ W way. The two mile wide area enclosed by rhumb lines joining points at: thence generally along the 30-foot-depth curve to the seaward end of the west en- Latitude North Longitude West trance jetty; seaward end of the east entrance jetty, thence generally along the 30- 28°48′36″ ...... 89°55′00″ 28°48′14″ ...... 89°54′17″ foot-depth curve to: 28°45′47″ ...... 89°54′19″ 28°36′06″ ...... 89°55′44″ Latitude Longitude 28°18′30″ ...... 89°55′15″ ° ′ ″ ° ′ ″ 28°20′58″ ...... 89°53′03″ 34 08 21 N 119 12 15 W ° ′ ″ ° ′ ″ 28°36′09″ ...... 89°53′28″ 34 07 10 N 119 13 20 W ° ′ ″ ° ′ ″ 28°49′07″ ...... 89°51′30″ 34 05 48 N 119 13 23 W 28°50′20″ ...... 89°53′51″ (2) [Reserved] (ii) South of Gulf Safety Fairway. The [CGD 82–101, 48 FR 49019, Oct. 24, 1983] two-mile-wide area enclosed by rhumb lines joining points at: § 166.400 Areas along the coast of Alas- ka. Latitude North Longitude West (a) Purpose. Fairways, as described in 28°15′20″ ...... 89°55′10″ this section, are established to control 27°46′29″ ...... 89°54′23″ 27°46′32″ ...... 89°52′08″ the erection of structures therein to 28°17′48″ ...... 89°52′58″ provide safe vessel routes along the coast of Alaska. (53) Heald Bank Cutoff Safety Fairway. (b) Designated Areas—(1) Prince Wil- The area enclosed by rhumb lines liam Sound Safety Fairway. (i) [North American Datum of 1927 (NAD– Hinchinbrook Entrance Safety Fairway. 27)], joining points at: The area enclosed by rhumb lines joining points at: Latitude North Longitude West

28°57′15″ ...... 94°23′55″ Latitude Longitude 28°51′30″ ...... 93°56′30″ 59°59′00″ N 145°27′24″ W 28°48′30″ ...... 93°51′45″ 60°13′18″ N 146°38′06″ W 28°55′15″ ...... 94°23′55″ 60°11′24″ N 146°47′00″ W 59°55′00″ N 145°42′00″ W [CGD 81–040, 47 FR 20581, May 13, 1982] (ii) Gulf to Hinchinbrook Safety Fair- EDITORIAL NOTE: For FEDERAL REGISTER ci- tations affecting § 166.200, see the List of CFR way (recommended for inbound vessel Sections Affected, which appears in the traffic). The area enclosed by rhumb printed volume and at www.fdsys.gov. lines joining points at:

§ 166.300 Areas along the coast of Cali- Latitude Longitude fornia. 59°15′42″ N 144°02′07″ W (a) Purpose. Fairways as described in 59°59′00″ N 145°27′24″ W 59°58′00″ N 145°32′12″ W this section are established to control 59°14′18″ N 144°04′53″ W the erection of structures therein to provide safe vessel routes along the (iii) Hinchinbrook to Gulf Safety Fair- coast of California. way (recommended for outbound vessel (b) Designated Areas—(1) Port Hueneme traffic). The area enclosed by rhumb Safety Fairway. An area one nautical lines joining points at: mile in width centered on the aline- ment of Port Hueneme Entrance Chan- Latitude Longitude nel and extending seaward from the 30- 59°15′41″ N 144°23′35″ W foot-depth curve for a distance of 1.5 59°56′00″ N 145°37′39″ W nautical miles, thence turning south- 59°55′00″ N 145°42′00″ W ° ′ ″ ° ′ ″ erly and widening to 1.5 nautical miles 59 14 19 N 144 26 25 W

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(2) Unimak Pass Safety Fairway. (i) [CGD 84–004, 52 FR 33589, Sept. 4, 1987; 52 FR East/West Safety Fairway. The area en- 36248, Sept. 28, 1987] closed by rhumb lines joining points at: PART 167—OFFSHORE TRAFFIC Latitude Longitude SEPARATION SCHEMES 54°25′58″ N 165°42′24″ W 54°22′50″ N 165°06′54″ W Subpart A—General 54°22′10″ N 164°59′29″ W 54°07′58″ N 162°19′25″ W Sec. 54°04′02″ N 162°20′35″ W 167.1 Purpose. ° ′ ″ ° ′ ″ 54 22 02 N 165 43 36 W 167.3 Geographic coordinates. 167.5 Definitions. (ii) North/South Safety Fairway. The 167.10 Operating rules. area enclosed by rhumb lines joining 167.15 Modification of schemes. points at: Subpart B—Description of Traffic Separa- Latitude Longitude tion Schemes and Precautionary Areas ° ′ ″ ° ′ ″ 54 42 28 N 165 16 19 W 167.50 In the approaches to Portland, ME: 54°43′32″ N 165°09′41″ W General. 54°22′50″ N 165°06′54″ W 54°22′10″ N 164°59′29″ W 167.51 In the approaches to Portland, ME: Precautionary area. 167.52 In the approaches to Portland, ME: [CGD 81–103, 51 FR 43349, Dec. 2, 1986] Eastern approach. 167.53 In the approaches to Portland, ME: § 166.500 Areas along the Atlantic Southern approach. Coast. 167.75 In the approach to Boston, MA: Gen- (a) Purpose. Fairways, as described in eral. this section are established to control 167.76 In the approach to Boston, MA: Pre- cautionary areas. the erection of structures therein to 167.77 In the approach to Boston, MA: Traf- provide safe vessel routes along the At- fic separation scheme. lantic Coast. 167.100 In the approaches to Narragansett (b) Designated Areas—(1) Off New York Bay, RI, and Buzzards Bay, MA: General. Shipping Safety Fairway. (i) Ambrose to 167.101 In the approaches to Narragansett Nantucket Safety Fairway. The area Bay, RI, and Buzzards Bay, MA: Pre- enclosed by rhumb lines, [North Amer- cautionary areas. ican Datum of 1927 (NAD–27)] joining 167.102 In the approaches to Narragansett Bay, RI, and Buzzards Bay, MA: Narra- points at: gansett Bay approach. 167.103 In the approaches to Narragansett Latitude Longitude Bay, RI, and Buzzards Bay, MA: Buzzards 40°32′20″ N 73°04′57″ W Bay approach. 40°30′58″ N 72°58′25″ W 40°34′07″ N 70°19′23″ W ATLANTIC EAST COAST ° ′ ″ ° ′ ″ 40 35 37 N 70 14 09 W 167.150 Off New York Traffic Separation 40°30′37″ N 70°14′00″ W Scheme: General. 40°32′07″ N 70°19′19″ W 40°28′58″ N 72°58′25″ W 167.151 Off New York: Precautionary areas. 40°27′20″ N 73°04′57″ W 167.152 Off New York: Eastern approach, off Nantucket. (ii) Nantucket to Ambrose Safety Fair- 167.153 Off New York: Eastern approach. way. The area enclosed by rhumb lines, 167.154 Off New York: South-eastern approach. NAD–27, joining point at: 167.155 Off New York: Southern approach. 167.170 Off Delaware Bay Approach Traffic Latitude Longitude Separation Scheme: General. 28°54′33″ N 89°26′07″ W 167.171 Off Delaware Bay: Eastern approach. 40°24′20″ N 73°04′58″ W 167.172 Off Delaware Bay: Southeastern ap- 40°22′58″ N 72°58′26″ W proach. 40°26′07″ N 70°19′09″ W 167.173 Off Delaware Bay: Two-Way Traffic 40°27′37″ N 70°13′46″ W Route. ° ′ ″ ° ′ ″ 40 22 37 N 70 13 36 W 167.174 Off Delaware Bay: Precautionary ° ′ ″ ° ′ ″ 40 24 07 N 70 19 05 W area. 40°20′58″ N 72°58′26″ W 40°19′20″ N 73°04′58″ W 167.200 In the approaches to Chesapeake Bay Traffic Separation Scheme: General.

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167.201 In the approaches to Chesapeake 167.1314 In the Strait of Juan de Fuca: East- Bay: Precautionary area. ern lanes. 167.202 In the approaches to Chesapeake 167.1315 In the Strait of Juan de Fuca: Pre- Bay: Eastern approach. cautionary area ‘‘PA.’’ 167.203 In the approaches to Chesapeake 167.1320 In Puget Sound and its approaches: Bay: Southern approach. General. 167.250 In the approaches to the Cape Fear 167.1321 In Puget Sound and its approaches: River: General. Rosario Strait. 167.251 In the approaches to the Cape Fear 167.1322 In Puget Sound and its approaches: River: Precautionary area. Approaches to Puget Sound other than 167.252 In the approaches to the Cape Fear Rosario Strait. River: Traffic separation scheme. 167.1323 In Puget Sound and its approaches: Puget Sound. ATLANTIC GULF COAST 167.1330 In Haro Strait, Boundary Pass, and 167.350 In the approaches to Galveston Bay the Strait of Georgia: General. Traffic Separation Scheme and pre- 167.1331 In Haro Strait and Boundary Pass. 167.1332 In the Strait of Georgia. cautionary areas. 167.1700 In Prince William Sound: General. PACIFIC WEST COAST 167.1701 In Prince William Sound: Pre- cautionary areas. 167.400 Off San Francisco Traffic Separation 167.1702 In Prince William Sound: Prince Scheme: General. William Sound Traffic 167.401 Off San Francisco: Precautionary 167.1703 In Prince William Sound: Valdez area. Arm Traffic Separation Scheme. 167.402 Off San Francisco: Northern approach. AUTHORITY: 33 U.S.C. 1223; Department of 167.403 Off San Francisco: Southern ap- Homeland Security Delegation No. 0170.0. proach. SOURCE: CGD 81–080, 48 FR 36456, Aug. 11, 167.404 Off San Francisco: Western ap- 1983, unless otherwise noted. proach. 167.405 Off San Francisco: Main ship channel. Subpart A—General 167.406 Off San Francisco: Area to be avoided. § 167.1 Purpose. 167.450 In the Santa Barbara Channel Traf- The purpose of the regulations in this fic Separation Scheme: General. part is to establish and designate traf- 167.451 In the Santa Barbara Channel: Be- fic separation schemes and pre- tween Point Vicente and Point Concep- cautionary areas to provide access tion. routes for vessels proceeding to and 167.452 In the Santa Barbara Channel: Be- tween Point Conception and Point from U.S. ports. Arguello. 167.500 In the approaches to Los Angeles- § 167.3 Geographic coordinates. Long Beach Traffic Separation Scheme: Geographic coordinates are defined General. using North American 1927 Datum 167.501 In the approaches to Los Angeles/ (NAD 27) unless indicated otherwise. Long Beach: Precautionary area. 167.502 In the approaches to Los Angeles- [CGD 90–039, 59 FR 21937, Apr. 28, 1994] Long Beach: Western approach. 167.503 In the approaches to Los Angeles- § 167.5 Definitions. Long Beach TSS: Southern approach. (a) Area to be avoided means a routing 167.1300 In the approaches to the Strait of measure comprising an area within de- Juan de Fuca: General. 167.1301 In the approaches to the Strait of fined limits in which either navigation Juan de Fuca: Western approach. is particularly hazardous or it is excep- 167.1302 In the approaches to the Strait of tionally important to avoid casualties Juan de Fuca: Southwestern approach. and which should be avoided by all 167.1303 In the approaches to the Strait of ships or certain classes of ships. Juan de Fuca: Precautionary area ‘‘JF.’’ (b) Traffic separation scheme (TSS) 167.1310 In the Strait of Juan de Fuca: Gen- means a designated routing measure eral. which is aimed at the separation of op- 167.1311 In the Strait of Juan de Fuca: West- posing streams of traffic by appro- ern lanes. 167.1312 In the Strait of Juan de Fuca: priate means and by the establishment Southern lanes. of traffic lanes. 167.1313 In the Strait of Juan de Fuca: (c) Traffic lane means an area within Northern lanes. defined limits in which one-way traffic

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is established. Natural obstacles, in- venting Collisions at Sea, 1972. Adjust- cluding those forming separation ment may be in the form of a tem- zones, may constitute a boundary. porary traffic lane shift, a temporary (d) Separation zone or line means a suspension of a section of the scheme, zone or line separating the traffic lanes a temporary precautionary area over- in which ships are proceeding in oppo- laying a lane, or other appropriate site or nearly opposite directions; or measure. Adjustments will only be separating a traffic lane from the adja- made where, in the judgment of the cent sea area; or separating traffic Coast Guard, there is no reasonable al- lanes designated for particular classes ternative means of conducting an oper- of ships proceeding in the same direc- ation and navigation safety will not be tion. jeopardized by the adjustment. Notice (e) Precautionary area means a rout- of adjustments will be made in the ap- ing measure comprising an area within propriate Notice to Mariners and in the defined limits where ships must navi- FEDERAL REGISTER. Requests by mem- gate with particular caution and with- bers of the public for temporary adjust- in which the direction of traffic flow ments to traffic separation schemes may be recommended. must be submitted 150 days prior to the (f) Deep-water route means an inter- time the adjustment is desired. Such nationally recognized routing measure Requests, describing the interference primarily intended for use by ships that would otherwise occur to a TSS, that, because of their draft in relation should be submitted to the District to the available depth of water in the Commander of the Coast Guard Dis- area concerned, require the use of such trict in which the TSS is located. a route. (g) Two-way route means a route Subpart B—Description of Traffic within defined limits inside which two- Separation Schemes and Pre- way traffic is established, aimed at cautionary Areas providing safe passage of ships through waters where navigation is difficult or § 167.50 In the approaches to Portland, dangerous. ME: General. [CGD 81–080, 48 FR 36456, Aug. 11, 1983; 49 FR The traffic separation scheme in the 15548, Apr. 19, 1984, as amended by CGD 90– approaches to Portland, ME, consists 039, 59 FR 21937, Apr. 28, 1994; CGD 97–004, 65 of three parts: A precautionary area, FR 12945, Mar. 10, 2000; USCG–1999–5700, 65 FR an Eastern approach and a Southern 46605, July 31, 2000] approach. The specific areas in the traffic separation scheme in the ap- § 167.10 Operating rules. proaches to Portland, ME, are de- The operator of a vessel in a TSS scribed in §§ 167.51 through 167.53. shall comply with Rule 10 of the Inter- national Regulations for Preventing [USCG–2010–0718, 75 FR 77533, Dec. 13, 2010] Collisions at Sea, 1972, as amended. § 167.51 In the approaches to Portland, § 167.15 Modification of schemes. ME: Precautionary area. (a) A traffic separation scheme or A precautionary area is established precautionary area described in this with a radius of 5.45 miles centered upon geographical position 43°31.60′ N, part may be permanently amended in ° ′ accordance with 33 U.S.C. 1223 (92 Stat. 70 05.53 W, the areas within separation 1473), and with international agree- zones and traffic lanes excluded. ments. [USCG–2010–0718, 75 FR 77533, Dec. 13, 2010] (b) A traffic separation scheme or precautionary area in this part may be § 167.52 In the approaches to Portland, temporarily adjusted by the Com- ME: Eastern approach. mandant of the Coast Guard in an (a) A separation zone 1 mile wide is emergency, or to accommodate oper- established and is centered upon the ations which would create an undue following geographical positions: hazard for vessels using the scheme or which would contravene Rule 10 of the Latitude Longitude International Regulations for Pre- 43°30.18′ N ...... 069°59.17′ W.

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Latitude Longitude (2) The precautionary area is bounded to the west by a line connecting the ° ′ ° ′ 43 24.28 N ...... 069 32.70 W. two TSSs between the following geographical positions: (b) A traffic lane 1⁄2 miles wide is established on each side of the separation Latitude Longitude zone. 40°48.03′ N ...... 69°02.95′ W. [USCG–2010–0718, 75 FR 77533, Dec. 13, 2010] 40°36.76′ N ...... 69°15.13′ W. § 167.53 In the approaches to Portland, ME: Southern approach. [USCG–2010–0718, 75 FR 77534, Dec. 13, 2010] (a) A separation zone 1 mile wide is § 167.77 In the approach to Boston, established and is centered upon the MA: Traffic separation scheme. following geographical positions: (a) A separation zone 1 mile wide is Latitude Longitude established and is centered upon the following geographic positions: 43°27.00′ N ...... 70°03.48′ W. ° ′ ° ′ 43 07.82 N ...... 69 54.95 W. Latitude Longitude

° ′ ° ′ (b) A traffic lane 11⁄2 mile wide is es- 42 20.73 N ...... 70 39.06 W. tablished on each side of the separation 42°18.28′ N ...... 70°01.14′ W. 40°49.25′ N ...... 69°00.81′ W. zone. [USCG–2010–0718, 75 FR 77533, Dec. 13, 2010] (b) A traffic lane for northbound traffic is established between the separa- § 167.75 In the approach to Boston, tion zone and a line connecting the fol- MA: General. lowing geographical positions: The traffic separation scheme (TSS) in the approach to Boston, MA, con- Latitude Longitude sists of three parts: Two precautionary 40°50.47′ N ...... 68°58.67′ W. areas and a TSS. The specific areas in 42°20.17′ N ...... 69°59.40′ W. the TSS in the approach to Boston, 42°22.71′ N ...... 70°38.62′ W. MA, are described in §§ 167.76 and 167.77. The geographic coordinates in §§ 167.76 (c) A traffic lane for southbound traf- and 167.77 are defined using North fic is established between the separa- American Datum 1983 (NAD 83), which tion zone and a line connecting the fol- is equivalent to WGS 1984 datum. lowing geographical positions: [USCG–2010–0718, 75 FR 77533, Dec. 13, 2010] Latitude Longitude ° ′ ° ′ § 167.76 In the approach to Boston, 42 18.82 N ...... 70 40.49 W. 42°16.39′ N ...... 70°02.88′ W. MA: Precautionary areas. 40°48.03′ N ...... 69°02.95′ W. (a) A precautionary area is established with a radius of 6.17 nautical [USCG–2010–0718, 75 FR 77534, Dec. 13, 2010] miles centered upon geographical position 42°22.71′ N, 70°46.97′ W. § 167.100 In the approaches to Narra- (b) (1) A precautionary area is estab- gansett Bay, RI, and Buzzards Bay, lished and is bounded to the east by a MA: General. circle of radius 15.5 miles, centered The traffic separation scheme in the upon geographical position 40°35.01′ N, approaches to Narragansett Bay, RI, 68°59.96′ W, intersected by the traffic and Buzzards Bay, MA, consists of four separation schemes in the approach to parts: Two precautionary areas and Boston, MA, and Eastern approach, off two approaches—a Narragansett ap- Nantucket (part II of the TSS off New proach and a Buzzards Bay approach. York) at the following geographical po- The specific areas in the approaches to sitions: Narragansett Bay, RI, and Buzzards Latitude Longitude Bay, MA, are described in §§ 167.101 through 167.103. The geographic coordi- 40°50.47′ N ...... 68°58.67′ W. nates in §§ 167.101 through 167.103 are ° ′ ° ′ 40 23.75 N ...... 69 13.95 W. defined using North American Datum

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1983 (NAD 83), which is equivalent to tivities. There would be no ship restrictions WGS 1984 datum. expected during inclement weather or when the torpedo range is not in use. [USCG–2010–0718, 75 FR 77534, Dec. 13, 2010] [USCG–2010–0718, 75 FR 77534, Dec. 13, 2010] § 167.101 In the approaches to Narra- gansett Bay, RI, and Buzzards Bay, ATLANTIC EAST COAST MA: Precautionary areas. (a) A precautionary area is estab- SOURCE: CGD 84–004, 52 FR 33589, Sept. 4, lished with a radius of 5.4 miles and is 1987, unless otherwise noted. centered upon geographical position 41°06.00′ N, 71°23.30′ W. § 167.150 Off New York Traffic Separa- (b) A precautionary area is estab- tion Scheme: General. lished with a radius of 3.55 miles and is The specific areas in the Off New centered upon geographical position York Traffic Separation Scheme and 41°25.60′ N, 71°23.30′ W. Precautionary Areas are described in [USCG–2010–0718, 75 FR 77534, Dec. 13, 2010] §§ 167.151, 167.152, 167.153, 167.154, and 167.155 of this chapter. § 167.102 In the approaches to Narra- gansett Bay, RI, and Buzzards Bay, [CGD 84–004, 52 FR 33589, Sept. 4, 1987] MA: Narragansett Bay approach. § 167.151 Off New York: Precautionary (a) A separation zone 2 miles wide is areas. established and is centered upon the following geographical positions: (a) A circular precautionary area with a radius of 7 miles is established Latitude Longitude centered upon 40°27.50′ N, 73°49.90′ W. 41°22.70′ N ...... 71°23.30′ W. (b) A precautionary area is estab- 41°11.10′ N ...... 71°23.30′ W. lished between the traffic separation scheme ‘‘Eastern Approach, off Nan- (b) A traffic lane 1 mile wide is estab- tucket’’ and the traffic separation lished on each side of the separation scheme ‘‘In the Approach to Boston, zone. Massachusetts.’’ (1) The precautionary [USCG–2010–0718, 75 FR 77534, Dec. 13, 2010] area is bounded to the east by a circle of radius 15.5 miles, centered upon geo- § 167.103 In the approaches to Narra- graphical position 40°35.00′ N, 69°00.00′ gansett Bay, RI, and Buzzards Bay, W, and is intersected by the traffic sep- MA: Buzzards Bay approach. aration schemes ‘‘In the Approach to (a) A separation zone 1 mile wide is Boston, Massachusetts’’ and ‘‘Off New established and is centered upon the York’’ at the following geographic po- following geographical positions: sitions: Latitude Longitude Latitude Longitude 41°10.20′ N ...... 71°19.10′ W. 41°21.80′ N ...... 71°07.10′ W. 40°50.33′ N 68°57.00′ W 40°23.75′ N 69°14.63′ W (b) A traffic lane 1 mile wide is established on each side of the separation (2) The precautionary area is bounded zone. to the west by a line connecting the NOTE TO § 167.103: A restricted area, 2 miles two traffic separation schemes between wide, extending from the southern limit of the following geographical positions: the Narragansett Bay approach traffic separation zone to latitude 41°24.70’ N, has been Latitude Longitude established. The restricted area will only be closed to ship traffic by the Naval Under- 40°36.75′ N 68°15.16′ W water System Center during periods of day- 40°48.00′ N 69°03.33′ W light and optimum weather conditions for torpedo range usage. The closing of the re- [CGD 84–004, 52 FR 33589, Sept. 4, 1987, as stricted area will be indicated by the activa- amended by USCG–2010–0351, 75 FR 36287, tion of a white strobe light mounted on June 25, 2010] Brenton Reef Light and controlled by a naval ship supporting the torpedo range ac-

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§ 167.152 Off New York: Eastern ap- Latitude Longitude proach, off Nantucket. 40°25.05′ N 73°41.32′ W (a) A separation zone is established 40°19.20′ N 73°11.50′ W bounded by a line connecting the fol- 40°19.33′ N 73°04.97′ W lowing geographical positions: [CGD 84–004, 52 FR 33589, Sept. 4, 1987] Latitude Longitude

40°28.75′ N 69°14.83′ W § 167.154 Off New York: South-eastern 40°27.62′ N 70°13.77′ W approach. 40°30.62′ N 70°14.00′ W (a) A separation zone is established ° ′ ° ′ 40 31.75 N 69 14.97 W bounded by a line connecting the following geographical positions: (b) A traffic lane for westbound traffic is established between the separa- Latitude Longitude tion zone and a line connecting the fol- ° ′ ° ′ lowing geographical positions: 40 03.10 N 73 17.93 W 40°06.50′ N 73°22.73′ W 40°22.45′ N 73°43.55′ W Latitude Longitude 40°23.20′ N 73°42.70′ W 40°08.72′ N 73°20.10′ W 40°36.75′ N 69°15.17′ W 40°05.32′ N 73°15.28′ W 40°35.62′ N 70°14.15′ W

(c) A traffic lane for eastbound traf- (b) A traffic lane for north-westbound fic is established between the separa- traffic is established between the sepa- tion zone and a line connecting the fol- ration zone and a line connecting the lowing geographical positions: following geographical positions: Latitude Longitude Latitude Longitude 40°08.98′ N 73°10.87′ W ° ′ ° ′ 40 22.62 N 70 13.60 W 40°12.42′ N 73°15.67′ W ° ′ ° ′ 40 23.75 N 69 14.63 W 40°24.02′ N 73°41.97′ W

[CGD 84–004, 52 FR 33589, Sept. 4, 1987] (c) A traffic lane for south-eastbound traffic is established between the sepa- § 167.153 Off New York: Eastern ap- ration zone and a line connecting the proach. following geographical positions: (a) A separation zone is established bounded by a line connecting the fol- Latitude Longitude lowing geographical positions: 40°21.82′ N 73°44.55′ W 40°02.80′ N 73°27.15′ W Latitude Longitude 39°59.43′ N 73°22.35′ W

40°24.33′ N 73°04.97′ W 40°24.20′ N 73°11.50′ W [CGD 84–004, 52 FR 33589, Sept. 4, 1987, as 40°26.00′ N 73°40.93′ W amended by CGD 97–023, 62 FR 33365, June 19, 40°27.00′ N 73°40.75′ W 1997] 40°27.20′ N 73°11.50′ W 40°27.33′ N 73°04.95′ W § 167.155 Off New York: Southern approach. (b) A traffic lane for westbound traf- (a) A separation zone is established fic is established between the separa- bounded by a line connecting the fol- tion zone and a line connecting the following geographical positions: lowing geographical positions: Latitude Longitude Latitude Longitude 39°45.70′ N 73°48.00′ W 40°32.33′ N 73°04.95′ W 40°20.63′ N 73°48.33′ W 40°32.20′ N 73°11.50′ W 40°20.87′ N 73°47.07′ W 40°28.00′ N 73°40.73′ W 39°45.70′ N 73°44.00′ W

(c) A traffic lane for eastbound traf- (b) A traffic lane for northbound traffic is established between the separa- fic is established between the separation zone and a line connecting the fol- tion zone and a line connecting the following geographical positions: lowing geographical positions:

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Latitude Longitude Latitude Longitude

39°45.70′ N 73°37.70′ W 38°44.45′ N 74°34.35′ W 40°21.25′ N 73°45.85′ W

(c) A traffic lane for southbound traf- [CGD 97–004, 65 FR 12945, Mar. 10, 2000] fic is established between the separa- § 167.172 Off Delaware Bay: South- tion zone and a line connecting the fol- eastern approach. lowing geographical positions: (a) A separation zone is established Latitude Longitude bounded by a line connecting the following geographic positions: 40°20.53′ N 73°49.65′ W ° ′ ° ′ 39 45.70 N 73 54.40 W Latitude Longitude

38°27.00′ N 74°42.30′ W [CGD 84–004, 52 FR 33589, Sept. 4, 1987, as 38°43.40′ N 74°58.00′ W amended by USCG–2010–0351, 75 FR 36287, 38°44.20′ N 74°57.20′ W June 25, 2010] 38°27.60′ N 74°41.30′ W

§ 167.170 Off Delaware Bay Approach (b) A traffic lane for north-westbound Traffic Separation Scheme: Gen- traffic is established between separa- eral. tion zone and a line connecting the fol- The Off Delaware Bay Approach Traf- lowing geographic positions: fic Separation Scheme consists of four parts: an Eastern Approach, a South- Latitude Longitude eastern Approach, a Two-Way Traffic 38°28.80′ N 74°39.30′ W Route, and a Precautionary Area. The 38°45.10′ N 74°56.60′ W specific areas in the Off Delaware Bay Approach Traffic Separation Scheme (c) A traffic lane for south-eastbound and Precautionary Area are described traffic is established between the sepa- in §§ 167.171 through 167.174. ration zone and a line connecting the [CGD 97–004, 65 FR 12945, Mar. 10, 2000] following geographic positions: Latitude Longitude § 167.171 Off Delaware Bay: Eastern approach. 38°42.80′ N 74°58.90′ W ° ′ ° ′ (a) A separation zone is established 38 27.00 N 74 45.40 W bounded by a line connecting the following geographic positions: [CGD 97–004, 65 FR 12945, Mar. 10, 2000]

Latitude Longitude § 167.173 Off Delaware Bay: Two-Way Traffic Route. 38°46.30′ N 74°34.45′ W 38°46.33′ N 74°55.75′ W The Two-Way Traffic Route is rec- 38°47.45′ N 74°55.40′ W ommended for use predominantly by ° ′ ° ′ 38 47.35 N 74 34.50 W tug and tow traffic transiting to and from the northeast in order to separate (b) A traffic lane for westbound traf- such traffic from large, inbound vessel fic is established between the separa- traffic. tion zone and a line connecting the fol- (a) The Two-Way Traffic Route is lowing geographic positions: bounded on the west and south by a Latitude Longitude line connecting the following geographic positions: 38°48.32′ N 74°55.30′ W ° ′ ° ′ 38 49.80 N 74 34.60 W Latitude Longitude

(c) A traffic lane for eastbound traf- 38°50.75′ N 75°03.40′ W fic is established between the separa- 38°47.50′ N 75°01.80′ W 38°48.32′ N 74°55.30′ W tion zone and a line connecting the fol- 38°50.20′ N 74°49.73′ W lowing geographic positions: 39°00.00′ N 74°40.23′ W

Latitude Longitude (b) The two-way traffic route is 38°45.45′ N 74°56.20′ W bounded on the east and north by a line

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connecting the following geographic the appropriate inbound or outbound positions: traffic lane.

Latitude Longitude [CGD 90–039, 59 FR 21937, Apr. 28, 1994, as amended by USCG–2010–0718, 75 FR 77534, 39°00.00′ N 74°41.00′ W Dec. 13, 2010] 38°50.48′ N 74°50.30′ W 38°48.80′ N 74°55.25′ W § 167.201 In the approaches to Chesa- 38°48.33′ N 74°59.30′ W peake Bay: Precautionary area. 38°49.10′ N 75°01.65′ W 38°51.27′ N 75°02.83′ W A precautionary area is established bounded by a circle with a two-mile radius, centered on the following geo- [CGD 97–004, 65 FR 12945, Mar. 10, 2000] graphic position:

§ 167.174 Off Delaware Bay: Pre- Latitude Longitude cautionary area. 36°56.13′ N 75°57.45′ W A precautionary area is established as follows: from 38°42.80′ N, 74°58.90′ W; then northerly by an arc of eight nau- [CGD 90–039, 59 FR 21937, Apr. 28, 1994, as amended by USCG–2010–0718, 75 FR 77534, tical miles centered at 38°48.90′ N, Dec. 13, 2010] 75°05.60′ W to 38°48.32′ N, 74°55.30′ W; then westerly to 38°47.50′ N, 75°01.80′ W; § 167.202 In the approaches to Chesa- then northerly to 38°50.75′ N, 75°03.40′ peake Bay: Eastern approach. W; then northeasterly to 38°51.27′ N, (a) A separation line is established 75°02.83′ W; then northerly to 38°54.80′ connecting the following geographical N, 75°01.60′ W; then westerly by an arc positions: of 6.7 nautical miles centered at 38°48.90′ N, 75°05.60′ W to 38°55.53′ N, Latitude Longitude 75°05.87′ W; then southwesterly to 36°57.50′ N ...... 75°48.21′ W. 38°54.00′ N, 75°08.00′ W; then southerly 36°56.40′ N ...... 75°52.40′ W. ° ′ ° ′ to 38°46.60′ N, 75°03.55′ W; then south- 36 56.40 N ...... 75 54.95 W. easterly to 38°42.80′ N, 74°58.90′ W. (b) A traffic lane for westbound traf- Datum: NAD 83. fic is established between the separa- [CGD 97–004, 65 FR 12946, Mar. 10, 2000] tion line and a line connecting the following geographical positions: § 167.200 In the approaches to Chesa- peake Bay Traffic Separation Latitude Longitude Scheme: General. 36°57.94′ N ...... 75°48.41′ W. (a) The traffic separation scheme in 36°56.90′ N ...... 75°52.40′ W. 36°56.90′ N ...... 75°55.14′ W. the approaches to Chesapeake Bay consists of three parts: a Precautionary (c) A traffic lane for eastbound traf- Area, an Eastern Approach, and a fic is established between the separa- Southern Approach. The Southern Ap- tion line and a line connecting the fol- proach consists of inbound and out- lowing geographical positions: bound lanes for vessels drawing 12.8 meters (42 feet) of fresh water or less, Latitude Longitude separated by a deep-water (DW) route 36°57.04′ N ...... 75°48.01′ W. for inbound and outbound vessels with 36°55.88′ N ...... 75°52.40′ W. drafts exceeding 12.8 meters (42 feet) in 36°55.88′ N ...... 75°54.95′ W. fresh water and for naval aircraft carriers. Each part is defined geographi- [USCG–2010–0718, 75 FR 77534, Dec. 13, 2010, as cally, using North American Datum amended by USCG–2011–0257, 76 FR 31838, 1983 (NAD 83), in §§ 167.201, 167.202, June 2, 2011] 167.203. § 167.203 In the approaches to Chesa- (b) All vessels approaching the Traf- peake Bay: Southern approach. fic Separation Scheme in the Ap- (a) A separation line connects the fol- proaches to Chesapeake Bay should use lowing geographical positions:

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Latitude Longitude (2) Avoid, as far as practicable, overtaking other vessels operating in the ° ′ ° ′ 36 50.33 N ...... 75 46.29 W. deep-water route; and 36°52.90′ N ...... 75°51.52′ W. 36°55.96′ N ...... 75°54.97′ W. (3) Keep as near to the outer limit of the route which lies on the vessel’s (b) A separation line connects the fol- starboard side as is safe and prac- lowing geographical positions: ticable. (i) Vessels other than those listed in Latitude Longitude paragraph (d) of this section should not 36°55.11′ N ...... 75°55.23′ W. use the deep-water route. 36°52.35′ N ...... 75°52.12′ W. 36°49.70′ N ...... 75°46.80′ W. [USCG–2010–0718, 75 FR 77535, Dec. 13, 2010]

(c) A separation line connects the fol- § 167.250 In the approaches to the lowing geographical positions: Cape Fear River: General. The traffic separation scheme (TSS) Latitude Longitude in the approaches to the Cape Fear 36°49.52′ N ...... 75°46.94′ W. River consists of two parts: A pre- 36°52.18′ N ...... 75°52.29′ W. cautionary area and a TSS. The spe- 36°54.97′ N ...... 75°55.43′ W. cific areas in the approaches to Narra- gansett Bay, RI, and Buzzards Bay, (d) A separation line connects the fol- MA, are described in §§ 167.251 and lowing geographical positions: 167.252. The geographic coordinates in Latitude Longitude §§ 167.251 and 167.252 are defined using North American Datum 1983 (NAD 83), 36°54.44′ N ...... 75°56.09′ W. which is equivalent to WGS 1984 36°51.59′ N ...... 75°52.92′ W. 36°48.87′ N ...... 75°47.42′ W. datum. [USCG–2010–0718, 75 FR 77535, Dec. 13, 2010] (e) A traffic lane for inbound traffic is established between the separation § 167.251 In the approaches to the lines described in paragraphs (a) and Cape Fear River: Precautionary (b) of this section. area. (f) A traffic lane for outbound traffic A precautionary area is established is established between the separation bounded by a line connecting the fol- lines described in paragraphs (c) and lowing geographical positions: from (d) of this section. 33°47.65′ N, 78°04.78′ W; to 33°48.50′ N, (g) A deep-water route is established 78°04.27′ W; to 33°49.53′ N, 78°03.10′ W; to between the separation lines described 33°48.00′ N, 78°01.00′ W; to 33°41.00′ N, in paragraphs (b) and (c) of this sec- 78°01.00′ W; to 33°41.00′ N, 78°04.00′ W; to tion. The following vessels should use 33°44.28′ N, 78°03.02′ W; then by an arc of the deep-water route established in 2 nautical miles radius, centered at paragraph (g) of this section when 33°46.03′ N, 78°05.41′ W; then to the point bound for Chesapeake Bay from sea or of origin at 33°47.65′ N, 78°04.78′ W. to sea from Chesapeake Bay: (1) Deep draft vessels (drafts greater [USCG–2010–0718, 75 FR 77535, Dec. 13, 2010] than 13.5 meters/45 feet in fresh water); and § 167.252 In the approaches to the (2) Naval aircraft carriers. Cape Fear River: Traffic separation scheme. (h) It is recommended that a vessel using the deep-water route established (a) A traffic separation zone is estab- in paragraph (g) of this section— lished bounded by a line connecting the (1) Announce its intention on VHF– following geographical positions: FM Channel 16 as it approaches Chesa- peake Bay Southern Approach Lighted Latitude Longitude Whistle Buoy CB on the south end, or 33°44.94′ N ...... 78°04.81′ W. Chesapeake Bay Junction Lighted 33°32.75′ N ...... 78°09.66′ W. Buoy CBJ on the north end of the 33°34.50′ N ...... 78°14.70′ W. route; 33°45.11′ N ...... 78°04.98′ W.

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(b) A traffic lane for northbound traf- (d) A traffic lane for outbound fic is established between the separa- (southeasterly heading) traffic is estab- tion zone and a line connecting the fol- lished between the separation zone and lowing geographic positions: line connecting the following geographical positions: Latitude Longitude Latitude Longitude 33°32.75′ N ...... 78°05.99′ W. 33°44.38′ N ...... 78°03.77′ W. (2) 29°16.10′ N 94°37.00′ W (11) 29°07.70′ N 94°27.80′ W (c) A traffic lane for southbound traffic is established between the separa- (e) An offshore precautionary area tion zone and a line connecting the fol- bounded by a line connecting the following geographic positions: lowing geographical positions:

Latitude Longitude Latitude Longitude ° ′ ° ′ 33°36.22′ N ...... 78°18.00′ W. (11) 29 07.70 N 94 27.80 W ° ′ ° ′ 33°46.03′ N ...... 78°05.41′ W. (12) 29 06.40 N 94 26.20 W (13) 29°06.40′ N 94°23.90′ W (14) 29°09.10′ N 94°20.60′ W NOTE TO § 167.252: A pilot boarding area is (10) 29°11.20′ N 94°24.00′ W located inside the precautionary area. Due to heavy ship traffic, mariners are advised not NOTE: A pilot boarding area is located near to anchor or linger in the precautionary area the center of the inshore precautionary area. except to pick up or disembark a pilot. Due to heavy vessel traffic, mariners are ad- [USCG–2010–0718, 75 FR 77535, Dec. 13, 2010] vised not to anchor or linger in this precautionary area except to pick up or dis- ATLANTIC GULF COAST embark a pilot. [CGD 81–080, 48 FR 36456, Aug. 11, 1983. Redes- § 167.350 In the approaches to Gal- ignated by CGD 84–004, 52 FR 33589, Sept. 4, veston Bay Traffic Separation 1987; CGD 89–019, 54 FR 28062, July 5, 1989; 54 Scheme and precautionary areas. FR 51972, Dec. 19, 1989] (a) An inshore precautionary area bounded by a line connecting the fol- PACIFIC WEST COAST lowing geographical positions: SOURCE: USCG–1999–5700, 65 FR 46605, July Latitude Longitude 31, 2000, unless otherwise noted.

(1) 29°18.10′ N 94°39.20′ W § 167.400 Off San Francisco Traffic (2) 29°16.10′ N 94°37.00′ W Separation Scheme: General. (3) 29°18.00′ N 94°34.90′ W (4) 29°19.40′ N 94°37.10′ W The Off San Francisco Traffic Sepa- (5) 29°19.80′ N 94°38.10′ W ration Scheme consists of six parts: a Precautionary Area, a Northern Ap- (b) A traffic separation zone bounded proach, a Southern Approach, a West- by a line connecting the following geo- ern Approach, a Main Ship Channel, graphical positions: and an Area To Be Avoided. The specific areas in the Off San Francisco Latitude Longitude TSS and Precautionary Area are de- (6) 29°17.13′ N 94°35.86′ W scribed in §§ 167.401 through 167.406 of (7) 29°09.55′ N 94°25.80′ W this chapter. The geographic coordi- (8) 29°09.41′ N 94°25.95′ W nates in §§ 167.401 through 167.406 are ° ′ ° ′ (9) 29 17.00 N 94 36.00 W defined using North American Datum 1983 (NAD 83). (c) A traffic lane for inbound (northwesterly heading) traffic is established § 167.401 Off San Francisco: Pre- between the separation zone and a line cautionary area. connecting the following geographical (a)(1) A precautionary area is estab- positions: lished bounded to the west by an arc of Latitude Longitude a circle with a radius of 6 miles cen- tering upon geographical position (3) 29°18.00′ N 94°34.90′ W 37°45.00′ N, 122°41.50′ W and connecting (10) 29°11.20′ N 94°24.00′ W the following geographical positions:

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Latitude Longitude Latitude Longitude

37°42.70′ N 122°34.60′ W. 37°27.00′ N 122°43.00′ W. 37°50.30′ N 122°38.00′ W. 37°39.10′ N 122°43.00′ W.

(2) The precautionary area is bounded (b) A traffic lane for northbound traf- to the east by a line connecting the fol- fic is established between the separa- lowing geographic positions: tion zone and a line connecting the following geographical positions: Latitude Longitude Latitude Longitude 37°42.70′ N 122°34.60′ W. ° ′ ° ′ 37 45.90 N 122 38.00 W. 37°39.30′ N 122°39.20′ W. 37°50.30′ N 122°38.00′ W 37°27.00′ N 122°39.20′ W.

(b) A pilot boarding area is located (c) A traffic lane for southbound traf- near the center of the precautionary fic is established between the separa- area described in paragraph (a) of this tion zone and a line connecting the fol- section. Due to heavy vessel traffic, lowing geographical positions: mariners are advised not to anchor or linger in this precautionary area ex- Latitude Longitude cept to pick up or disembark a pilot. 37°27.00′ N 122°44.30′ W. 37°39.40′ N 122°44.30′ W. § 167.402 Off San Francisco: Northern approach. § 167.404 Off San Francisco: Western (a) A separation zone is bounded by a approach. line connecting the following geo- (a) A separation zone is bounded by a graphical positions: line connecting the following geo- Latitude Longitude graphical positions:

37°48.40′ N 122°47.60′ W Latitude Longitude 37°56.70′ N 123°03.70′ W ° ′ ° ′ 37°55.20′ N 123°04.90′ W 37 41.90 N 122 48.00 W. ° ′ ° ′ 37°47.70′ N 122°48.20′ W 37 38.10 N 122 58.10 W. 37°36.50′ N 122°57.30′ W. 37°41.10′ N 122°47.20′ W. (b) A traffic lane for north-westbound traffic is established between the sepa- (b) A traffic lane for south-westbound ration zone and a line connecting the traffic is established between the sepa- following geographical positions: ration zone and a line connecting the following geographical positions: Latitude Longitude

37°49.20′ N 122°46.70′ W. Latitude Longitude 37°58.00′ N 123°02.70′ W. 37°42.80′ N 122°48.50′ W. 37°39.60′ N 122°58.80′ W. (c) A traffic lane for south-eastbound traffic is established between the sepa- (c) A traffic lane for north-eastbound ration zone and a line connecting the traffic is established between the sepa- following geographical positions: ration zone and a line connecting the following geographical positions: Latitude Longitude Latitude Longitude 37°53.90′ N 123°06.10′ W. ° ′ ° ′ 37 46.70 N 122 48.70 W. 37°35.00′ N 122°56.50′ W. 37°40.40′ N 122°46.30′ W. § 167.403 Off San Francisco: Southern approach. § 167.405 Off San Francisco: Main ship (a) A separation zone is bounded by a channel. line connecting the following geo- (a) A separation line connects the fol- graphical positions: lowing geographical positions:

Latitude Longitude Latitude Longitude

37°39.10′ N 122°40.40′ W. 37°45.90′ N 122°38.00′ W. 37°27.00′ N 122°40.40′ W. 37°47.00′ N 122°34.30′ W.

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Latitude Longitude Latitude Longitude

37°48.10′ N 122°31.00′ W. 34°21.80′ N 120°29.96′ W. 34°04.80′ N 119°15.16′ W. (b) A traffic lane for eastbound traf- 33°45.80′ N 118°35.15′ W. fic is established between the separation line and a line connecting the fol- (c) A traffic lane for south-eastbound lowing geographical positions: traffic is established between the separation zone and a line connecting the Latitude Longitude following geographical positions: 37°45.80′ N 122°37.70′ W. 37°47.80′ N 122°30.80′ W. Latitude Longitude 33°42.30′ N 118°37.55′ W. (c) A traffic lane for westbound traf- 34°01.40′ N 119°18.26′ W. fic is established between the separa- 34°18.00′ N 120°31.16′ W. tion line and a line connecting the following geographical positions: § 167.452 In the Santa Barbara Chan- Latitude Longitude nel: Between Point Conception and Point Arguello. 37°46.20′ N 122°37.90′ W. 37°46.90′ N 122°35.30′ W. (a) A separation zone is bounded by a 37°48.50′ N 122°31.30′ W. line connecting the following geographical positions: § 167.406 Off San Francisco: Area to be avoided. Latitude Longitude A circular area to be avoided, with a 34°20.90′ N 120°30.16′ W. radius of half of a nautical mile, is cen- 34°18.90′ N 120°30.96′ W. 34°25.70′ N 120°51.81′ W. tered upon geographic position: 34°23.75′ N 120°52.51′ W. Latitude Longitude (b) A traffic lane for westbound traf- 37°45.00′ N 122°41.50′ W. fic is established between the separation zone and a line connecting the fol- § 167.450 In the Santa Barbara Chan- lowing geographical positions: nel Traffic Separation Scheme: Gen- eral. Latitude Longitude

The Traffic Separation Scheme in 34°21.80′ N 120°29.96′ W. the Santa Barbara Channel is described 34°26.60′ N 120°51.51′ W. in §§ 167.451 and 167.452. The geographic coordinates in §§ 167.451 and 167.452 are (c) A traffic lane for eastbound traf- defined using North American Datum fic is established between the separa- 1983 (NAD 83). tion zone and a line connecting the following geographical positions: § 167.451 In the Santa Barbara Chan- nel: Between Point Vicente and Latitude Longitude Point Conception. 34°18.00′ N 120°31.16′ W. (a) A separation zone is bounded by a 34°22.80′ N 120°52.76′ W. line connecting the following geographical positions: § 167.500 In the approaches to Los An- Latitude Longitude geles-Long Beach Traffic Separa- tion Scheme: General. 34°20.90′ N 120°30.16′ W 34°04.00′ N 119°15.96′ W. The Traffic Separation Scheme in 33°44.90′ N 118°35.75′ W. the approaches to Los Angeles-Long 33°43.20′ N 118°36.95′ W. Beach consists of three parts: a Pre- 34°02.20′ N 119°17.46′ W. 34°18.90′ N 120°30.96′ W. cautionary Area, a Western Approach, and a Southern Approach. The specific (b) A traffic lane for north-westbound areas in the approaches to Los Angeles- traffic is established between the sepa- Long Beach are described in §§ 167.501 ration zone and a line connecting the through 167.503. The geographic coordi- following geographical positions: nates in §§ 167.501 through 167.503 are

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defined using North American Datum Latitude Longitude 1983 (NAD 83). 33°35.50′ N 118°17.60′ W. [USCG–2000–7695, 65 FR 53913, Sept. 6, 2000] 33°35.50′ N 118°23.43′ W. 33°42.30′ N 118°37.50′ W. § 167.501 In the approaches to Los An- geles/Long Beach: Precautionary [USCG–2000–7695, 65 FR 53913, Sept. 6, 2000] area. § 167.503 In the approaches to Los An- (a) The precautionary area consists geles-Long Beach TSS: Southern ap- of the water area enclosed by the Los proach. Angeles-Long Beach breakwater and a (a) A separation zone is established line connecting Point Fermin Light at bounded by a line connecting the fol- 33°42.30′ N, 118°17.60′ W, with the following geographic positions: lowing geographical positions: Latitude Longitude Latitude Longitude 33°35.50′ N 118°10.30′ W. 33°35.50′ N 118°17.60′ W. 33°35.50′ N 118°12.75′ W. 33°35.50′ N 118°09.00′ W. 33°19.70′ N 118°03.50′ W. 33°37.70′ N 118°06.50′ W. 33°19.00′ N 118°05.60′ W. 33°43.40′ N 118°10.80′ W. (b) A traffic lane for northbound traf- (b) Pilot boarding areas are located fic is established between the separa- within the precautionary area de- tion zone and a line connecting the fol- scribed in paragraph (a) of this section. lowing geographical positions: Specific regulations pertaining to vessels operating in these areas are con- Latitude Longitude tained in 33 CFR 165.1109(d). 33°35.50′ N 118°09.00′ W. 33°20.00′ N 118°02.30′ W. [USCG–2000–7695, 65 FR 53913, Sept. 6, 2000] (c) A traffic lane for southbound traf- § 167.502 In the approaches to Los An- fic is established between the separa- geles-Long Beach: Western ap- tion zone and a line connecting the fol- proach. lowing geographical positions: (a) A separation zone is bounded by a line connecting the following geo- Latitude Longitude graphical positions: 33°35.50′ N 118°14.00′ W. 33°18.70′ N 118°06.75′ W. Latitude Longitude

33°37.70′ N 118°17.60′ W. [USCG–2000–7695, 65 FR 53913, Sept. 6, 2000] 33°36.50′ N 118°17.60′ W. 33°36.50′ N 118°23.10′ W. § 167.1300 In the approaches to the 33°43.20′ N 118°36.90′ W. Strait of Juan de Fuca: General. 33°44.90′ N 118°35.70′ W. The traffic separation scheme for the 33°37.70′ N 118°20.90′ W. approaches to the Strait of Juan de (b) A traffic lane for northbound Fuca consists of three parts: the west- coastwise traffic is established between ern approach, the southwestern approach, and precautionary area ‘‘JF.’’ the separation zone and a line con- These parts are described in §§ 167.1301 necting the following geographical po- through 167.1303. The geographic co- sitions: ordinates in §§ 167.1301 through 167.1303 Latitude Longitude are defined using North American Datum (NAD 83). 33°38.70′ N 118°17.60′ W. 33°38.70′ N 118°20.60′ W. [USCG–2002–12702, 75 FR 70826, Nov. 19, 2010] 33°45.80′ N 118°35.10′ W. § 167.1301 In the approaches to the (c) A traffic lane for southbound Strait of Juan de Fuca: Western ap- coastwise traffic is established between proach. the separation zone and a line con- In the western approach to the Strait necting the following geographical po- of Juan de Fuca, the following are es- sitions: tablished:

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(a) A separation zone bounded by a § 167.1303 In the approaches to the line connecting the following geo- Strait of Juan de Fuca: Pre- graphical positions: cautionary area ‘‘JF.’’ Latitude Longitude In the approaches to the Strait of 48°30.10′ N 125°09.00′ W Juan de Fuca, precautionary area ‘‘JF’’ 48°30.10′ N 125°04.67′ W is established and is bounded by a line 48°29.11′ N 125°04.67′ W connecting the following geographical 48°29.11′ N 125°09.00′ W positions: (b) A traffic lane for westbound traf- Latitude Longitude fic between the separation zone and a 48°32.09′ N 125°04.67′ W line connecting the following geo- 48°30.10′ N 125°04.67′ W graphical positions: 48°29.11′ N 125°04.67′ W ° ′ ° ′ Latitude Longitude 48 28.13 N 125 04.67 W 48°27.63′ N 125°03.38′ W 48°32.09′ N 125°04.67′ W 48°27.14′ N 125°02.08′ W 48°32.09′ N 125°08.98′ W 48°26.64′ N 125°00.81′ W (c) A traffic lane for eastbound traf- 48°28.13′ N 124°57.90′ W fic between the separation zone and a 48°29.11′ N 125°00.00′ W line connecting the following geo- 48°30.10′ N 125°00.00′ W graphical positions: 48°32.09′ N 125°00.00′ W Latitude Longitude 48°32.09′ N 125°04.67′ W ° ′ ° ′ 48 27.31 N 125 09.00 W [USCG–2002–12702, 75 FR 70826, Nov. 19, 2010] 48°28.13′ N 125°04.67′ W § 167.1310 In the Strait of Juan de [USCG–2002–12702, 75 FR 70826, Nov. 19, 2010] Fuca: General. § 167.1302 In the approaches to the The traffic separation scheme in the Strait of Juan de Fuca: South- Strait of Juan de Fuca consists of five western approach. parts: the western lanes, southern In the southwestern approach to the lanes, northern lanes, eastern lanes, Strait of Juan de Fuca, the following and precautionary area ‘‘PA.’’ These are established: parts are described in §§ 167.1311 (a) A separation zone bounded by a through 167.1315. The geographic co- line connecting the following geo- ordinates in §§ 167.1311 through 167.1315 graphical positions: are defined using North American Datum (NAD 83). Latitude Longitude 48°23.99′ N 125°06.54′ W [USCG–2002–12702, 75 FR 70827, Nov. 19, 2010] 48°27.63′ N 125°03.38′ W ° ′ ° ′ § 167.1311 In the Strait of Juan de 48 27.14 N 125 02.08 W Fuca: Western lanes. 48°23.50′ N 125°05.26′ W In the western lanes of the Strait of (b) A traffic lane for north-eastbound Juan de Fuca, the following are estab- traffic between the separation zone and lished: a line connecting the following geo- (a) A separation zone bounded by a graphical positions: line connecting the following geo- Latitude Longitude graphical positions: 48°22.55′ N 125°02.80′ W Latitude Longitude 48°26.64′ N 125°00.81′ W 48°29.11′ N 125°00.00′ W (c) A traffic lane for south-westbound 48°29.11′ N 124°43.78′ W traffic between the separation zone and 48°13.89′ N 123°54.84′ W a line connecting the following geo- 48°13.89′ N 123°31.98′ W graphical positions: 48°14.49′ N 123°31.98′ W 48°17.02′ N 123°56.46′ W Latitude Longitude 48°30.10′ N 124°43.50′ W ° ′ ° ′ 48 28.13 N 125 04.67 W 48°30.10′ N 125°00.00′ W 48°24.94′ N 125°09.00′ W (b) A traffic lane for north-westbound [USCG–2002–12702, 75 FR 70826, Nov. 19, 2010] traffic.

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(1) The traffic lane is established be- Latitude Longitude tween the separation zone and a line ° ′ ° ′ connecting the following geographical 48 12.94 N 123 32.89 W 48°09.42′ N 123°24.24′ W positions: Latitude Longitude [USCG–2002–12702, 75 FR 70827, Nov. 19, 2010] 48°16.45′ N 123°30.42′ W 48°15.97′ N 123°33.54′ W § 167.1313 In the Strait of Juan de Fuca: Northern lanes. 48°18.00′ N 123°56.07′ W 48°32.00′ N 124°46.57′ W In the northern lanes of the Strait of 48°32.09′ N 124°49.90′ W Juan de Fuca, the following are estab- 48°32.09′ N 125°00.00′ W lished: (a) A separation zone bounded by a (2) An exit from this lane between line connecting the following geo- points 48°32.00′ N, 124°46.57′ W and graphical positions: 48°32.09′ N, 124°49.90′ W. Vessel traffic Latitude Longitude may exit this lane at this location or may remain in the lane between points 48°21.15′ N 123°24.83′ W 48°32.09′ N, 124°49.90′ W and 48°32.09′ N, 48°16.16′ N 123°28.50′ W 125°00.00′ W en route to precautionary 48°15.77′ N 123°27.18′ W ° ′ ° ′ area ‘‘JF,’’ as described in § 167.1315. 48 20.93 N 123 24.26 W (c) A traffic lane for south-eastbound (b) A traffic lane for southbound traf- traffic between the separation zone and fic between the separation zone and a a line connecting the following geo- line connecting the following geographical positions: graphical positions: Latitude Longitude Latitude Longitude 48°28.13′ N 124°57.90′ W 48°21.83′ N 123°25.56′ W 48°28.13′ N 124°44.07′ W 48°16.45′ N 123°30.42′ W 48°12.90′ N 123°55.24′ W ° ′ ° ′ (c) A traffic lane for northbound traf- 48 12.94 N 123 32.89 W fic between the separation zone and a [USCG–2002–12702, 75 FR 70827, Nov. 19, 2010] line connecting the following geographical positions: § 167.1312 In the Strait of Juan de Latitude Longitude Fuca: Southern lanes. 48°20.93′ N 123°23.22′ W In the southern lanes of the Strait of 48°15.13′ N 123°25.62′ W Juan de Fuca, the following are established: [USCG–2002–12702, 75 FR 70827, Nov. 19, 2010] (a) A separation zone bounded by a line connecting the following geo- § 167.1314 In the Strait of Juan de Fuca: Eastern lanes. graphical positions: In the eastern lanes of the Strait of Latitude Longitude Juan de Fuca, the following are estab- 48°10.82′ N 123°25.44′ W lished: 48°12.38′ N 123°28.68′ W (a) A separation zone bounded by a 48°12.90′ N 123°28.68′ W line connecting the following geo- 48°12.84′ N 123°27.46′ W graphical positions: ° ′ ° ′ 48 10.99 N 123 24.84 W Latitude Longitude (b) A traffic lane for northbound traf- 48°13.22′ N 123°15.91′ W fic between the separation zone and a 48°14.03′ N 123°25.98′ W line connecting the following geo- 48°13.54′ N 123°25.86′ W graphical positions: 48°12.89′ N 123°16.69′ W Latitude Longitude (b) A traffic lane for westbound traf- 48°11.24′ N 123°23.82′ W fic between the separation zone and a 48°12.72′ N 123°25.34′ W line connecting the following geo- (c) A traffic lane for southbound traf- graphical positions: fic between the separation zone and a Latitude Longitude line connecting the following geo- 48°14.27′ N 123°13.41′ W graphical positions: 48°14.05′ N 123°16.08′ W

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48°15.13′ N 123°25.62′ W 48°45.56′ N 122°48.36′ W ° ′ ° ′ (c) A traffic lane for eastbound traf- 48 45.97 N 122 48.12 W 48°46.39′ N 122°50.76′ W fic between the separation zone and a ° ′ ° ′ line connecting the following geo- 48 48.73 N 122 55.68 W graphical positions: (b) A traffic lane for northbound traf- Latitude Longitude fic located within the separation zone 48°12.72′ N 123°25.34′ W described in paragraph (a) of this sec- 48°12.34′ N 123°18.01′ W tion and a line connecting the following geographical positions: [USCG–2002–12702, 75 FR 70827, Nov. 19, 2010] Latitude Longitude 48°49.49′ N 122°54.24′ W § 167.1315 In the Strait of Juan de ° ′ ° ′ Fuca: Precautionary area ‘‘PA.’’ 48 47.14 N 122 50.10 W 48°46.35′ N 122°47.50′ W In the Strait of Juan de Fuca, precautionary area ‘‘PA’’ is established (c) A traffic lane for southbound traf- and is bounded by a line connecting the fic located within the separation zone following geographical positions: described in paragraph (a) of this sec- Latitude Longitude tion and a line connecting the following geographical positions: 48°12.94′ N 123°32.89′ W 48°13.89′ N 123°31.98′ W Latitude Longitude 48°14.49′ N 123°31.98′ W 48°44.95′ N 122°48.28′ W 48°16.45′ N 123°30.42′ W 48°46.76′ N 122°53.10′ W 48°16.16′ N 123°28.50′ W 48°47.93′ N 122°57.12′ W 48°15.77′ N 123°27.18′ W ° ′ ° ′ (d) Precautionary area ‘‘CA’’ con- 48 15.13 N 123 25.62 W tained within a circle of radius 1.24 48°14.03′ N 123°25.98′ W miles centered at geographical position 48°13.54′ N 123°25.86′ W 48°45.30′ N, 122°46.50′ W. 48°12.72′ N 123°25.34′ W (e) A separation zone bounded by a 48°12.84′ N 123°27.46′ W line connecting the following geo- 48°12.90′ N 123°28.68′ W 48°12.94′ N 123°32.89′ W graphical positions: Latitude Longitude [USCG–2002–12702, 75 FR 70827, Nov. 19, 2010] 48°44.27′ N 122°45.53′ W 48°41.72′ N 122°43.50′ W § 167.1320 In Puget Sound and its ap- ° ′ ° ′ proaches: General. 48 41.60 N 122 43.82 W 48°44.17′ N 122°45.87′ W The traffic separation scheme in Puget Sound and its approaches con- (f) A traffic lane for northbound traf- sists of three parts: Rosario Strait, ap- fic located within the separation zone proaches to Puget Sound other than described in paragraph (e) of this sec- Rosario Strait, and Puget Sound. tion and a line connecting the fol- These parts are described in §§ 167.1321 lowing geographical positions: through 167.1323. The North American Latitude Longitude Datum (NAD 83) defines the geographic 48°44.62′ N 122°44.96′ W coordinates in §§ 167.1321 through 48°41.80′ N 122°42.70′ W 167.1323. (g) A traffic lane for southbound traf- [USCG–2002–12702, 75 FR 70827, Nov. 19, 2010] fic located within the separation zone § 167.1321 In Puget Sound and its ap- described in paragraph (e) of this sec- proaches: Rosario Strait. tion and a line connecting the following geographical positions: In Rosario Strait, the following are established: Latitude Longitude (a) A separation zone bounded by a 48°44.08′ N 122°46.65′ W line connecting the following geo- 48°41.25′ N 122°44.37′ W graphical positions: (h) Precautionary area ‘‘C’’ contained Latitude Longitude within a circle of radius 1.24 miles cen- 48°48.98′ N 122°55.20′ W tered at geographical position 48°40.55′ 48°46.76′ N 122°50.43′ W N, 122°42.80′ W. 879

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(i) A two-way route between the fol- 48°24.13′ N 122°47.97′ W lowing geographical positions: 48°20.32′ N 122°57.02′ W Latitude Longitude 48°20.53′ N 122°57.22′ W 48°39.33′ N 122°42.73′ W 48°24.32′ N 122°48.22′ W 48°36.08′ N 122°45.00′ W (2) Precautionary area ‘‘RA,’’ which 48°26.82′ N 122°43.53′ W is contained within a circle of radius 48°27.62′ N 122°45.53′ W 1.24 miles centered at 48°19.77′ N, 48°29.48′ N 122°44.77′ W 122°58.57′ W. 48°36.13′ N 122°45.80′ W (3) A separation zone that connects ° ′ ° ′ 48 38.38 N 122 44.20 W with precautionary area ‘‘RA,’’ as de- ° ′ ° ′ 48 39.63 N 122 44.03 W scribed in paragraph (b)(2) of this sec- (j) Precautionary area ‘‘RB’’ bounded tion, and is bounded by a line con- as follows: necting the following geographical po- (1) To the north by the arc of a circle sitions: of radius 1.24 miles centered on geo- Latitude Longitude ° ′ ° ′ graphical position 48 26.38 N, 122 45.27 48°16.25′ N 123°06.58′ W W and connecting the following geo- 48°16.57′ N 123°06.58′ W graphical positions: 48°19.20′ N 123°00.35′ W Latitude Longitude 48°19.00′ N 123°00.17′ W 48°25.97′ N 122°47.03′ W (4) A traffic lane for northbound traf- ° ′ ° ′ 48 25.55 N 122 43.93 W fic that connects with precautionary (2) To the south by a line connecting area ‘‘RA,’’ as described in paragraph the following geographical positions: (b)(2) of this section, and is located be- Latitude Longitude tween the separation zone described in paragraph (b)(1) of this section and a 48°25.97′ N 122°47.03′ W ° ′ ° ′ line connecting the following geo- 48 24.62 N 122 48.68 W graphical positions: 48°23.75′ N 122°47.47′ W 48°25.20′ N 122°45.73′ W Latitude Longitude 48°25.17′ N 122°45.62′ W 48°23.75′ N 122°47.47′ W 48°24.15′ N 122°45.27′ W 48°19.80′ N 122°56.83′ W ° ′ ° ′ 48 24.08 N 122 43.38 W (5) A traffic lane for northbound traf- ° ′ ° ′ 48 25.55 N 122 43.93 W fic that connects with precautionary [USCG–2002–12702, 75 FR 70827, Nov. 19, 2010] area ‘‘RA,’’ as described in paragraph (b)(2) of this section, and is located be- § 167.1322 In Puget Sound and its ap- tween the separation zone described in proaches: Approaches to Puget paragraph (b)(3) of this section and a Sound other than Rosario Strait. line connecting the following geo- (a) The traffic separation scheme in graphical positions: the approaches to Puget Sound other Latitude Longitude than Rosario Strait consists of a north- 48°15.70′ N 123°06.58′ W east/southwest approach, a northwest/ 48°18.67′ N 122°59.57′ W southeast approach, a north/south approach, and an east/west approach and (6) A traffic lane for southbound traf- connecting precautionary areas. fic that connects with precautionary (b) In the northeast/southwest ap- area ‘‘RA,’’ as described in paragraph proach consisting of two separation (b)(2) of this section, and is located be- zones, two precautionary areas (‘‘RA’’ tween the separation zone described in and ‘‘ND’’), and four traffic lanes, the paragraph (b)(1) of this section and a following are established: line connecting the following geo- (1) A separation zone that connects graphical positions: with precautionary area ‘‘RA,’’ as de- Latitude Longitude scribed in paragraph (b)(2) of this sec- 48°24.62′ N 122°48.68′ W tion, and is bounded by a line con- 48°20.85′ N 122°57.80′ W necting the following geographical positions: (7) A traffic lane for southbound traffic that connects with precautionary Latitude Longitude area ‘‘RA,’’ as described in paragraph 880

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(b)(2) of this section, and is located be- of this section, and is located between tween the separation zone described in the separation zone described in para- paragraph (b)(3) of this section and a graph (c)(1) of this section and a line line connecting the following geo- connecting the following geographical graphical positions: positions: Latitude Longitude Latitude Longitude 48°19.70′ N 123°00.53′ W 48°29.28′ N 123°08.35′ W 48°17.15′ N 123°06.57′ W 48°25.60′ N 123°03.13′ W (8) Precautionary area ‘‘ND,’’ which 48°23.20′ N 123°00.20′ W is bounded by a line connecting the fol- 48°21.00′ N 122°58.50′ W lowing geographical positions: (4) A traffic lane for northbound traf- Latitude Longitude fic that connects with precautionary 48°11.00′ N 123°06.58′ W area ‘‘RA,’’ as described in paragraph 48°17.15′ N 123°06.57′ W (b)(2) of this section, and is located be- 48°14.27′ N 123°13.41′ W tween the separation zone described in 48°12.34′ N 123°18.01′ W paragraph (c)(2) of this section and a 48°12.72′ N 123°25.34′ W line connecting the following geo- 48°11.24′ N 123°23.82′ W graphical positions: 48°10.82′ N 123°25.44′ W Latitude Longitude 48°09.42′ N 123°24.24′ W 48°08.39′ N 123°24.24′ W 48°19.20′ N 122°57.03′ W 48°11.00′ N 123°06.58′ W 48°13.35′ N 122°50.63′ W (c) In the northwest/southeast ap- (5) A traffic lane for southbound traf- proach consisting of two separation fic that connects with precautionary zones, two precautionary areas (‘‘RA’’ ‘‘RA,’’ as described in paragraph (b)(2) and ‘‘SA’’), and four traffic lanes, the of this section, and is located between following are established: the separation zone described in para- (1) A separation zone that connects graph (c)(1) of this section and a line with precautionary area ‘‘RA,’’ as de- connecting the following geographical scribed in paragraph (b)(2) of this sec- positions: tion, and is bounded by a line con- Latitude Longitude necting the following geographical po- ° ′ ° ′ sitions: 48 27.86 N 123 08.81 W 48°25.17′ N 123°04.98′ W Latitude Longitude 48°22.48′ N 123°01.73′ W ° ′ ° ′ 48 28.72 N 123 08.53 W 48°20.47′ N 123°00.20′ W 48°25.43′ N 123°03.88′ W 48°22.88′ N 123°00.82′ W (6) A traffic lane for southbound traf- 48°20.93′ N 122°59.30′ W fic connecting with precautionary area 48°20.82′ N 122°59.62′ W ‘‘RA,’’ as described in paragraphs (b)(2) 48°22.72′ N 123°01.12′ W of this section, and is located between 48°25.32′ N 123°04.30′ W the separation zone described in para- 48°28.39′ N 123°08.64′ W graph (c)(2) of this section and a line (2) A separation zone that connects connecting the following geographical with precautionary area ‘‘RA,’’ as de- positions: scribed in paragraph (b)(2) of this sec- Latitude Longitude tion, and is bounded by a line con- 48°18.52′ N 122°58.50′ W necting the following geographical po- 48°12.63′ N 122°52.15′ W sitions: (7) Precautionary area ‘‘SA,’’ which Latitude Longitude is contained within a circle of radius 2 48°18.83′ N 122°57.48′ W miles centered at geographical position ° ′ ° ′ 48 13.15 N 122 51.33 W 48°11.45′ N, 122°49.78′ W. 48°13.00′ N 122°51.62′ W ° ′ ° ′ (d) In the north/south approach be- 48 18.70 N 122 57.77 W tween precautionary areas ‘‘RB’’ and (3) A traffic lane for northbound traf- ‘‘SA,’’ as described in paragraph (b)(2) fic that connects with precautionary and (c)(7) of this section, respectively, ‘‘RA,’’ as described in paragraph (b)(2) the following are established:

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(1) A separation zone bounded by a [USCG–2002–12702, 75 FR 70827, Nov. 19, 2010] line connecting the following geographical positions: § 167.1323 In Puget Sound and its approaches: Puget Sound. Latitude Longitude The traffic separation scheme in ° ′ ° ′ 48 24.15 N 122 44.08 W Puget Sound consists of six separation 48°13.33′ N 122°48.78′ W zones and two traffic lanes connected 48°13.38′ N 122°49.15′ W by six precautionary areas. The fol- 48°24.17′ N 122°44.48′ W lowing are established: (2) A traffic lane for northbound traf- (a) A separation zone bounded by a fic located between the separation zone line connecting the following geo- described in paragraph (d)(1) of this graphical positions: section and a line connecting the fol- Latitude Longitude lowing geographical positions: 48°11.08′ N 122°46.88′ W Latitude Longitude 48°06.85′ N 122°39.52′ W ° ′ ° ′ 48°24.08′ N 122°43.38′ W 48 02.48 N 122 38.17 W ° ′ ° ′ 48°13.10′ N 122°48.12′ W 48 02.43 N 122 38.52 W 48°06.72′ N 122°39.83′ W (3) A traffic lane for southbound traf- 48°10.82′ N 122°46.98′ W fic located between the separation zone (b) Precautionary area ‘‘SC,’’ which described in paragraph (d)(1) of this is contained within a circle of radius section and a line connecting the fol- 0.62 miles, centered at 48°01.85′ N, lowing geographical positions: 122°38.15′ W. Latitude Longitude (c) A separation zone bounded by a 48°24.15′ N 122°45.27′ W line connecting the following geo- 48°13.43′ N 122°49.90′ W graphical positions: (e) In the east/west approach between Latitude Longitude precautionary areas ‘‘ND’’ and ‘‘SA,’’ 48°01.40′ N 122°37.57′ W as described in paragraphs (b)(8) and 47°57.95′ N 122°34.67′ W (c)(7) of this section, respectively, the 47°55.85′ N 122°30.22′ W following are established: 47°55.67′ N 122°30.40′ W (1) A separation zone bounded by a 47°57.78′ N 122°34.92′ W line connecting the following geo- 48°01.28′ N 122°37.87′ W graphical positions: (d) Precautionary area ‘‘SE,’’ which Latitude Longitude is contained within a circle of radius 48°11.50′ N 122°52.73′ W 0.62 miles, centered at 47°55.40′ N, ° ′ 48°11.73′ N 122°52.70′ W 122 29.55 W. 48°12.48′ N 123°06.58′ W (e) A separation zone bounded by a 48°12.23′ N 123°06.58′ W line connecting the following geographical positions: (2) A traffic lane for northbound traf- Latitude Longitude fic between the separation zone de- ° ′ ° ′ scribed in paragraph (e)(1) of this sec- 47 54.85 N 122 29.18 W ° ′ ° ′ tion and a line connecting the fol- 47 46.52 N 122 26.30 W ° ′ ° ′ lowing geographical positions: 47 46.47 N 122 26.62 W 47°54.80′ N 122°29.53′ W Latitude Longitude (f) Precautionary area ‘‘SF,’’ which is 48°12.22′ N 122°52.52′ W contained within a circle of radius 0.62 48°12.98′ N 123°06.58′ W miles, centered at 47°45.90′ N, 122°26.25′ (3) A traffic lane for southbound traf- W. fic between the separation zone de- (g) A separation zone bounded by a scribed in paragraph (e)(1) of this sec- line connecting the following geo- tion and a line connecting the fol- graphical positions: lowing geographical positions: Latitude Longitude Latitude Longitude 47°45.20′ N 122°26.25′ W 48°11.73′ N 123°06.58′ W 47°40.27′ N 122°27.55′ W 48°10.98′ N 122°52.65′ W 47°40.30′ N 122°27.88′ W

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47°45.33′ N 122°26.60′ W (n) A traffic lane for southbound traffic that connects with precautionary (h) Precautionary area ‘‘SG,’’ which areas ‘‘SC,’’ ‘‘SE,’’ ‘‘SF,’’ ‘‘SG,’’ ‘‘T,’’ is contained within a circle of radius and ‘‘TC,’’ as described in paragraphs 0.62 miles, centered at 47°39.68′ N, (b), (d), (f), (h), (j), and (k) of this sec- 122°27.87′ W. tion, respectively, and is located be- (i) A separation zone bounded by a tween the separation zones described in line connecting the following geographical positions: paragraphs (a), (c), (e), (g), (i), and (k) of this section, respectively, and a line Latitude Longitude connecting the following geographical 47°39.12′ N 122°27.62′ W positions: ° ′ ° ′ 47 35.18 N 122 27.08 W Latitude Longitude 47°35.17′ N 122°27.35′ W ° ′ ° ′ 47°39.08′ N 122°27.97′ W 48 10.15 N 122 47.58 W 48°09.35′ N 122°45.55′ W (j) Precautionary area ‘‘T,’’ which is 48°06.45′ N 122°40.52′ W contained within a circle of radius 0.62 48°01.65′ N 122°30.03′ W miles, centered at 47°34.55′ N, 122°27.07′ 47°57.47′ N 122°35.45′ W W. 47°55.07′ N 122°30.35′ W (k) A separation zone bounded by a 47°45.90′ N 122°27.18′ W line connecting the following geo- 47°39.70′ N 122°28.78′ W graphical positions: 47°34.47′ N 122°27.98′ W Latitude Longitude 47°26.63′ N 122°25.12′ W 47°34.02′ N 122°26.70′ W 47°23.25′ N 122°22.42′ W 47°26.92′ N 122°24.10′ W 47°20.00′ N 122°27.90′ W 47°23.07′ N 122°20.98′ W 47°19.78′ N 122°26.58′ W [USCG–2002–12702, 75 FR 70827, Nov. 19, 2010] 47°19.98′ N 122°26.83′ W ° ′ ° ′ § 167.1330 In Haro Strait, Boundary 47 23.15 N 122 21.45 W Pass, and the Strait of Georgia: 47°26.85′ N 122°24.45′ W General. 47°33.95′ N 122°27.03′ W The traffic separation scheme in (l) Precautionary area ‘‘TC,’’ which is Haro Strait, Boundary Pass, and the contained within a circle of radius 0.62 Strait of Georgia consists of a series of miles, centered at 47°19.48′ N, 122°27.38′ traffic separation schemes, two-way W. routes, and five precautionary areas. (m) A traffic lane for northbound These parts are described in §§ 167.1331 traffic that connects with pre- and 167.1332. The geographic coordi- cautionary areas ‘‘SC,’’ ‘‘SE,’’ ‘‘SF,’’ nates in §§ 167.1331 and 167.1332 are de- ‘‘SG,’’ ‘‘T,’’ and ‘‘TC,’’ as described in fined using North American Datum paragraphs (b), (d), (f), (h), (j), and (k) (NAD 83). of this section, respectively, and is located between the separation zones de- [USCG–2002–12702, 75 FR 70830, Nov. 19, 2010] scribed in paragraphs (a), (c), (e), (g), § 167.1331 In Haro Strait and Bound- (i), and (k) of this section, respectively, ary Pass. and a line connecting the following geographical positions: In Haro Strait and Boundary Pass, the following are established: Latitude Longitude (a) Precautionary area ‘‘V,’’ which is 48°11.72′ N 122°46.83′ W bounded by a line connecting the fol- 48°07.13′ N 122°38.83′ W lowing geographical positions: 48°02.10′ N 122°37.32′ W Latitude Longitude 47°58.23′ N 122°34.07′ W 47°55.83′ N 122°28.80′ W 48°23.15′ N 123°21.12′ W 47°45.92′ N 122°25.33′ W 48°23.71′ N 123°23.88′ W 47°39.68′ N 122°26.95′ W 48°21.83′ N 123°25.56′ W 47°34.65′ N 122°26.18′ W 48°21.15′ N 123°24.83′ W 47°27.13′ N 122°23.40′ W 48°20.93′ N 123°24.26′ W 47°23.33′ N 122°20.37′ W 48°20.93′ N 123°23.22′ W 47°22.67′ N 122°20.53′ W 48°21.67′ N 123°21.12′ W 47°19.07′ N 122°26.75′ W 48°23.15′ N 123°21.12′ W 883

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(b) A separation zone that connects 48°26.57′ N 123°09.22′ W with precautionary area ‘‘V,’’ as de- 48°27.86′ N 123°08.81′ W scribed in paragraph (a) of this section, and is bounded by a line connecting the (h) A traffic lane for southbound traf- following geographical positions: fic located between the separation zone Latitude Longitude described in paragraph (e) of this section and a line connecting the fol- 48°22.25′ N 123°21.12′ W lowing geographical positions: 48°22.25′ N 123°17.95′ W 48°23.88′ N 123°13.18′ W Latitude Longitude 48°24.30′ N 123°13.00′ W 48°29.80′ N 123°13.15′ W 48°22.55′ N 123°18.05′ W 48°25.10′ N 123°12.67′ W 48°22.55′ N 123°21.12′ W (i) Precautionary area ‘‘HS,’’ which (c) A traffic lane for eastbound traf- is bounded by a line connecting the fol- fic located between the separation zone lowing geographical positions: described in paragraph (b) of this sec- Latitude Longitude tion and a line connecting the following geographical positions: 48°27.86′ N 123°08.81′ W ° ′ ° ′ Latitude Longitude 48 29.28 N 123 08.35 W ° ′ ° ′ ° ′ ° ′ 48 30.55 N 123 10.12 W 48 21.67 N 123 21.12 W ° ′ ° ′ ° ′ ° ′ 48 31.60 N 123 10.65 W 48 21.67 N 123 17.70 W ° ′ ° ′ 48°23.10′ N 123°13.50′ W 48 32.83 N 123 13.45 W 48°29.80′ N 123°13.15′ W (d) A traffic lane for westbound traf- 48°27.86′ N 123°08.81′ W fic located between the separation zone described in paragraph (b) of this sec- (j) A two-way route between the fol- tion and a line connecting the following geographical positions: lowing geographical positions: Latitude Longitude Latitude Longitude 48°31.60′ N 123°10.65′ W 48°25.10′ N 123°12.67′ W 48°35.21′ N 123°12.61′ W 48°23.15′ N 123°18.30′ W 48°38.37′ N 123°12.36′ W 48°23.15′ N 123°21.12′ W 48°39.41′ N 123°13.14′ W (e) Precautionary area ‘‘DI,’’ which is 48°39.41′ N 123°16.06′ W bounded by a line connecting the fol- 48°32.83′ N 123°13.45′ W lowing geographical positions: (k) Precautionary area ‘‘TP,’’ which Latitude Longitude is bounded by a line connecting the fol- 48°23.10′ N 123°13.50′ W lowing geographical positions: 48°24.30′ N 123°09.95′ W Latitude Longitude 48°26.57′ N 123°09.22′ W 48°41.06′ N 123°11.04′ W 48°25.10′ N 123°12.67′ W 48°42.23′ N 123°11.35′ W 48°23.10′ N 123°13.50′ W 48°43.80′ N 123°10.77′ W (f) A separation zone bounded by a 48°43.20′ N 123°16.06′ W line connecting the following geo- 48°39.41′ N 123°16.06′ W graphical positions: 48°39.32′ N 123°13.14′ W Latitude Longitude 48°39.76′ N 123°11.84′ W ° ′ ° ′ 48 25.96 N 123 10.65 W (l) A two-way route between the fol- ° ′ ° ′ 48 27.16 N 123 10.25 W lowing geographical positions: 48°28.77′ N 123°10.84′ W 48°29.10′ N 123°11.59′ W Latitude Longitude 48°25.69′ N 123°11.28′ W 48°42.23′ N 123°11.35′ W ° ′ ° ′ (g) A traffic lane for northbound traf- 48 45.51 N 123 01.82 W ° ′ ° ′ fic located between the separation zone 48 47.78 N 122 59.12 W described in paragraph (f) of this sec- 48°48.19′ N 123°00.84′ W tion and a line connecting the fol- 48°46.43′ N 123°03.12′ W lowing geographical positions: 48°43.80′ N 123°10.77′ W

Latitude Longitude [USCG–2002–12702, 75 FR 70830, Nov. 19, 2010] 884

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§ 167.1332 In the Strait of Georgia. (g) A traffic lane for north-westbound In the Strait of Georgia, the fol- traffic located between the separation lowing are established: zone described in paragraph (f) of this (a) Precautionary area ‘‘GS,’’ which section and a line connecting the fol- is bounded by a line connecting the following geographical positions: lowing geographical positions: Latitude Longitude Latitude Longitude 49°02.20′ N 123°16.28′ W ° ′ ° ′ 48°52.30′ N 123°07.44′ W 49 04.52 N 123 20.04 W 48°54.81′ N 123°03.66′ W (h) A traffic lane for south-eastbound 48°49.49′ N 122°54.24′ W traffic between the separation zone de- 48°47.93′ N 122°57.12′ W scribed in paragraph (f) of this section 48°47.78′ N 122°59.12′ W and a line connecting the following 48°48.19′ N 123°00.84′ W geographical positions: ° ′ ° ′ 48 52.30 N 123 07.44 W Latitude Longitude (b) A separation zone bounded by a 49°02.51′ N 123°23.76′ W line connecting the following geo- 49°00.00′ N 123°19.69′ W graphical positions: Latitude Longitude [USCG–2002–12702, 75 FR 70830, Nov. 19, 2010] 48°53.89′ N 123°05.04′ W § 167.1700 In Prince William Sound: 48°56.82′ N 123°10.08′ W General. ° ′ ° ′ 48 56.30 N 123 10.80 W The Prince William Sound Traffic 48°53.39′ N 123°05.70′ W Separation Scheme consists of four (c) A traffic lane for north-westbound parts: Prince William Sound Traffic traffic located between the separation Separation Scheme, Valdez Arm Traf- zone described in paragraph (b) of this fic Separation Scheme, and two pre- section and a line connecting the fol- cautionary areas. These parts are de- lowing geographical positions: scribed in §§ 167.1701 through 167.1703. Latitude Longitude The geographic coordinates in 48°54.81′ N 123°03.66′ W §§ 167.1701 through 167.1703 are defined 48°57.68′ N 123°08.76′ W using North American Datum 1983 (NAD 83). (d) A traffic lane for south-eastbound traffic between the separation zone de- [USCG–2001–10254, 67 FR 53743, Aug. 19, 2002] scribed in paragraph (b) of this section § 167.1701 In Prince William Sound: and a line connecting the following Precautionary areas. geographical positions: (a) Cape Hinchinbrook. A pre- Latitude Longitude cautionary area is established and is 48°55.34′ N 123°12.30′ W bounded by a line connecting the fol- 48°52.30′ N 123°07.44′ W lowing geographical positions:

(e) Precautionary area ‘‘PR,’’ which Latitude Longitude is bounded by a line connecting the following geographical positions: 60°20.59′ N 146°48.18′ W 60°12.67′ N 146°40.43′ W Latitude Longitude 60°11.01′ N 146°28.65′ W ° ′ ° ′ 60°05.47′ N 146°00.01′ W 48 55.34 N 123 12.30 W 60°00.81′ N 146°03.53′ W 48°57.68′ N 123°08.76′ W 60°05.44′ N 146°27.58′ W 49°02.20′ N 123°16.28′ W 59°51.80′ N 146°37.51′ W 49°00.00′ N 123°19.69′ W 59°53.52′ N 146°46.84′ W 60°07.76′ N 146°36.24′ W (f) A separation zone bounded by a 60°11.51′ N 146°46.64′ W ° ′ ° ′ line connecting the following geo- 60 20.60 N 146 54.31 W graphical positions: (b) Bligh Reef. A precautionary area Latitude Longitude is established of radius 1.5 miles cen- 49°01.39′ N 123°17.53′ W tered at geographical position 60°49.63′ 49°03.84′ N 123°21.30′ W N, 147°01.33′ W. 49°03.24′ N 123°22.41′ W (c) Pilot boarding area. A pilot board- 49°00.75′ N 123°18.52′ W ing area located near the center of the

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Bligh Reef precautionary area is estab- Latitude Longitude lished. Regulations for vessels oper- 60°49.39′ N 146°58.19′ W ating in these areas are in § 165.1109(d) 60°58.04′ N 146°46.52′ W of this chapter. [USCG–2001–10254, 67 FR 53743, Aug. 19, 2002] (c) A traffic lane for southbound traffic between the separation zone and a § 167.1702 In Prince William Sound: line connecting the following geo- Prince William Sound Traffic Sepa- graphical positions: ration Scheme. The Prince William Sound Traffic Latitude Longitude Separation Scheme consists of the fol- 60°58.93′ N 146°48.86′ W lowing: 60°50.61′ N 147°03.60′ W (a) A separation zone bounded by a line connecting the following geo- [USCG–2001–10254, 67 FR 53743, Aug. 19, 2002] graphical positions:

Latitude Longitude PART 168—ESCORT REQUIREMENTS FOR CERTAIN TANKERS 60°20.77′ N 146°52.31′ W 60°48.12′ N 147°01.78′ W 60°48.29′ N 146°59.77′ W Sec. 60°20.93′ N 146°50.32′ W 168.01 Purpose. 168.05 Definitions. (b) A traffic lane for northbound traf- 168.10 Responsibilities. fic between the separation zone and a 168.20 Applicable vessels. line connecting the following geo- 168.30 Applicable cargoes. graphical positions: 168.40 Applicable waters and number of escort vessels. Latitude Longitude 168.50 Performance and operational requirements. 60°20.59′ N 146°48.18′ W 168.60 Pre-escort conference. 60°49.49′ N 146°58.19′ W AUTHORITY: Section 4116(c), Pub. L. 101–380, (c) A traffic lane for southbound traf- 104 Stat. 520 (46 U.S.C. 3703 note); Depart- fic between the separation zone and a ment of Homeland Security Delegation No. line connecting the following geo- 170.1, para. 2(82). graphical positions: SOURCE: CGD 91–202, 59 FR 42968, Aug. 19, 1994, unless otherwise noted. Latitude Longitude

60°49.10′ N 147°04.19′ W § 168.01 Purpose. 60°20.60′ N 146°54.31′ W (a) This part prescribes regulations in accordance with section 4116(c) of [USCG–2001–10254, 67 FR 53743, Aug. 19, 2002] the Oil Pollution Act of 1990 (OPA 90) (Pub. L. 101–380). The regulations will § 167.1703 In Prince William Sound: reduce the risk of oil spills from laden, Valdez Arm Traffic Separation single hull tankers over 5,000 GT by re- Scheme. quiring that these tankers be escorted The Valdez Arm Traffic Separation by at least two suitable escort vessels. Scheme consists of the following: The escort vessels will be immediately (a) A separation zone bounded by a available to influence the tankers’ line connecting the following geo- speed and course in the event of a graphical positions: steering or propulsion equipment fail- Latitude Longitude ure, thereby reducing the possibility of groundings or collisions. 60°51.08′ N 147°00.33′ W (b) The regulations in this part estab- 60°58.60′ N 146°48.10′ W 60°58.30′ N 146°47.10′ W lish minimum escort vessel require- 60°50.45′ N 146°58.75′ W ments. Nothing in these regulations should be construed as relieving the (b) A traffic lane for northbound traf- master of a tanker from the duty to op- fic between the separation zone and a erate the vessel in a safe and prudent line connecting the following geo- manner, taking into account the navi- graphical positions: gational constraints of the waterways

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to be traversed, other vessel traffic, change or arise during the escort tran- and anticipated weather, tide, and sea sit. conditions, which may require reduced (c) In an emergency, the tanker mas- speeds, greater assistance from escort ter may deviate from the requirements vessels, or other operational pre- of this part to the extent necessary to cautions. avoid endangering persons, property, or the environment, but shall imme- § 168.05 Definitions. diately report the deviation to the cog- As used in this part— nizant Coast Guard Captain of the Port Disabled tanker means a tanker expe- (COTP). riencing a loss of propulsion or steering control. § 168.20 Applicable vessels. Escort transit means that portion of The requirements of this part apply the tanker’s voyage through waters to laden, single hull tankers of 5,000 where escort vessels are required. gross tons or more. Escort vessel means any vessel that is assigned and dedicated to a tanker dur- § 168.30 Applicable cargoes. ing the escort transit, and that is The requirements of this part apply fendered and outfitted with towing to any petroleum oil listed in 46 CFR gear as appropriate for its role in an Table 30.25–1 as a pollution category I emergency response to a disabled tank- cargo. er. Laden means transporting in bulk § 168.40 Applicable waters and number any quantity of applicable cargo, ex- of escort vessels. cept for clingage and residue in other- The requirements of this part apply wise empty cargo tanks. to the following waters: Single hull tanker means any self-pro- (a) Prince William Sound: Each tanker pelled tank vessel that is not con- to which this part applies must be es- structed with both double bottom and corted by at least two escort vessels in double sides in accordance with the those navigable waters of the United provisions of 33 CFR 157.10d. States within Prince William Sound, Tanker master means the licensed on- Alaska, and the adjoining tributaries, board person in charge of the tanker. bays, harbors, and ports, including the Tanker owner or operator means the navigable waters of the United States owner or shoreside organization (indi- within a line drawn from Cape vidual, corporation, partnership, or as- Hinchinbrook Light, to Seal Rocks sociation), including a demise Light, to a point on Montague Island charterer, responsible for the overall at 60°14.6′ North, 146°59′ West, and the management and operation of the waters of Montague Strait east of a tanker. line between Cape Puget and Cape Cleare. § 168.10 Responsibilities. (b) Puget Sound and certain associated (a) The tanker owner or operator waters: Each tanker to which this part shall: applies must be escorted by at least (1) select escort vessels that can meet two escort vessels in those navigable the performance requirements of this waters of the United States and Wash- part; and ington State east of a line connecting (2) inform the tanker master of the New Dungeness Light with Discovery performance capabilities of the se- Island Light and all points in the lected escort vessels. This information Puget Sound area north and south of must be provided to the master before these lights. This area includes all the beginning the escort transit. navigable waters of the United States (b) The tanker master shall operate within Haro Strait, Rosario Strait, the the tanker within the performance ca- Strait of Georgia, Puget Sound, and pabilities of the escort vessels, taking Hood Canal, as well as those portions into account speed, sea and weather of the Strait of Juan de Fuca east of conditions, navigational consider- the New Dungeness-Discovery Island ations, and other factors that may line.

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§ 168.50 Performance and operational (1) The destination, route, planned requirements. speed, other vessel traffic, anticipated (a) Except as provided in paragraph weather, tide, and sea conditions, and (c) of § 168.10, at all times during the es- other navigational considerations; cort transit each tanker to which this (2) The type and operational status of part applies: communication, towing, steering, and (1) Must be accompanied by escort propulsion equipment on the tanker vessels that meet the performance re- and escort vessels; quirements of paragraph (b) of this sec- (3) The relative positioning and reac- tion (but not less than the number of tion time for the escort vessels to move escorts required by § 168.40). into assist positions, including, if ap- (2) Must have the escort vessels posi- propriate, pre-tethering the escort ves- tioned relative to the tanker such that sels at crucial points along the route; timely response to a propulsion or (4) The preparations required on the steering failure can be effected. tanker and escort vessels, and the (3) Must not exceed a speed beyond methods employed in making an emer- which the escort vessels can reasonably gency towline connection, including be expected to safely bring the tanker stationing of deck crews, preparation under control within the navigational of messenger lines, bridles, and other limits of the waterway, taking into towing gear, and energizing appro- consideration ambient sea and weather priate deck equipment; conditions, surrounding vessel traffic, (5) The manner in which an emer- hazards, and other factors that may re- gency towline connection would be duce the available sea room. made (which escort vessel will respond, (b) The escort vessels, acting singly how messengers and towlines will be or jointly in any combination as need- passed, etc.); ed, and considering their applied force (6) Other relevant information pro- vectors on the tanker’s hull, must be vided by the tanker master, pilot or es- capable of— cort vessel masters. (1) Towing the tanker at 4 knots in calm conditions, and holding it in PART 169—SHIP REPORTING steady position against a 45-knot SYSTEMS headwind; (2) [Reserved] Subpart A—General (3) Holding the tanker on a steady course against a 35-degree locked rud- Sec. der at a speed of 6 knots; and 169.1 What is the purpose of this part? (4) Turning the tanker 90 degrees, as- 169.5 How are terms used in this part de- suming a free-swinging rudder and a fined? speed of 6 knots, within the same dis- 169.10 What geographic coordinates are tance (advance and transfer) that it used? 169.15 Incorporation by reference: Where could turn itself with a hard-over rud- can I get a copy of the publications men- der. tioned in this part? [CGD 91–202, 59 FR 42968, Aug. 19, 1994, as amended at 70 FR 55730, Sept. 23, 2005] Subpart B—Establishment of Two Manda- tory Ship Reporting Systems for the § 168.60 Pre-escort conference. Protection of Northern Right Whales (a) Before commencing an escort 169.100 What mandatory ship reporting sys- transit, the tanker master shall confer, tems are established by this subpart? by radio or in person, with the tanker 169.102 Who is the shore-based authority? pilot and the masters of the escort ves- 169.105 Where is the northeastern reporting sels regarding the escort operation. system located? (b) The purpose of the pre-escort con- 169.110 When is the northeastern reporting ference is for all parties to plan and system in effect? 169.115 Where is the southeastern reporting discuss particulars of the escort tran- system located? sit. 169.120 When is the southeastern reporting (c) At a minimum, the following top- system in effect? ics must be addressed during the pre- 169.125 What classes of ships are required to escort conference: make reports?

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169.130 When are ships required to make re- § 169.5 How are terms used in this part ports? defined? 169.135 How must the reports be made? 169.140 What information must be included As used in this part— in the report? Administration means the Govern- ment of the State whose flag the ship Subpart C—Transmission of Long Range is entitled to fly. Identification and Tracking Information Cargo ship means any ship which is not a passenger ship. 169.200 What is the purpose of this subpart? 169.205 What types of ships are required to Flag Administration means the Gov- transmit LRIT information (position re- ernment of a State whose flag the ship ports)? is entitled to fly. 169.210 Where during its international voy- Gross tonnage means tonnage as de- age must a ship transmit position re- fined under the International Conven- ports? tion on Tonnage Measurement of 169.215 How must a ship transmit position Ships, 1969 (Incorporated by reference, reports? see § 169.15). 169.220 When must a ship be fitted with LRIT equipment? Gross tons means vessel tonnage 169.225 Which Application Service Providers measured in accordance with the meth- may a ship use? od utilized by the flag state adminis- 169.230 How often must a ship transmit posi- tration of that vessel. tion reports? High speed craft means a craft that is 169.235 What exemptions are there from re- operable on or above the water and is porting? capable of a maximum speed equal to 169.240 When may LRIT equipment be or exceeding V=3.7×displ .1667, where switched off? ‘‘V’’ is the maximum speed and ‘‘displ’’ 169.245 What must a ship master do if LRIT is the vessel displacement cor- equipment is switched off or fails to operate? responding to the design waterline in cubic meters. AUTHORITY: 33 U.S.C. 1230(d), 1231; 46 U.S.C. High speed passenger craft means a 70115, Department of Homeland Security Del- egation No. 0170.1. high speed craft carrying more than 12 passengers. SOURCE: USCG–1999–5525, 64 FR 29234, June International voyage means a voyage 1, 1999, unless otherwise noted. from a country to which the present International Convention for the Safe- Subpart A—General ty of Life at Sea (SOLAS), 1974 applies to a port outside such country, or con- § 169.1 What is the purpose of this versely. For U.S. ships, such voyages part? will be considered to originate at a This subpart prescribes the require- port in the United States, regardless of ments for mandatory ship reporting when the voyage actually began. Such systems. Ship reporting systems are voyages for U.S. ships will continue used to provide, gather, or exchange in- until the ship returns to the United formation through radio reports. The States from its last foreign port. information is used to provide data for Long range identification and tracking many purposes including, but not lim- (LRIT) information or position report ited to: navigation safety, maritime se- means a report containing the fol- curity and domain awareness, environ- lowing information: mental protection, vessel traffic serv- (1) The identity of the ship; ices, search and rescue, weather fore- (2) The position of the ship (latitude casting and prevention of marine pollu- and longitude); and tion. (3) The date and time of the position NOTE TO § 169.1: For ship reporting system provided. requirements not established by the Coast LRIT Data Center means a center es- Guard, see 50 CFR Part 404. tablished by a SOLAS Contracting [USCG–1999–5525, 64 FR 29234, June 1, 1999, as Government or a group of Contracting amended by USCG–2005–22612, 73 FR 23318, Governments, or in the case of the Apr. 29, 2008; USCG–2009–0416, 74 FR 27442, International Data Center, by IMO, to June 10, 2009] request, receive, process, and archive

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LRIT information. An LRIT Data Cen- appropriate corrections that are pub- ter may be National, Regional, Co-op- lished on the particular map or chart erative or International. being used. Mandatory ship reporting system means a ship reporting system that re- § 169.15 Incorporation by reference: quires the participation of specified Where can I get a copy of the publi- vessels or classes of vessels, and that is cations mentioned in this part? established by a government or govern- (a) Certain material is incorporated ments after adoption of a proposed sys- by reference into this part with the ap- tem by the International Maritime Or- proval of the Director of the Federal ganization (IMO) as complying with all Register under 5 U.S.C. 552(a) and 1 requirements of regulation V/8–1 of the CFR part 51. To enforce any edition International Convention for the Safe- other than that specified in this sec- ty of Life at Sea, 1974, as amended tion, the Coast Guard must publish no- (SOLAS), except paragraph (e) thereof. Mobile offshore drilling unit means a tice of change in the FEDERAL REG- self-propelled vessel capable of engag- ISTER and the material must be avail- ing in drilling operations for the explo- able to the public. All approved mate- ration or exploitation of subsea re- rial is available for inspection at the sources. National Archives and Records Admin- Passenger ship means a ship that car- istration (NARA). For information on ries more than 12 passengers. the availability of this material at Self-propelled ships means ships pro- NARA, call 202–741–6030 or go to http:// pelled by mechanical means. www.archives.gov/federallregister/ Shore-based authority means the gov- codeloflfederallregulations/ ernment appointed office or offices ibrllocations.html. Also, it is available that will receive the reports made by for inspection at the Coast Guard, Of- ships entering each of the mandatory fice of Navigation Systems (CG–5532), ship reporting systems. The office or 2100 2nd St. SW., Stop 7580, Wash- offices will be responsible for the man- ington, DC 20593–7580, and is available agement and coordination of the sys- from the sources indicated in this sec- tem, interaction with participating tion. ships, and the safe and effective oper- (b) International Electrotechnical Com- ation of the system. Such an authority mission (IEC) Bureau Central de la Com- may or may not be an authority in charge of a vessel traffic service. mission Electrotechnique Internationale, 3 United States means the States of the rue de Varembe´, P.O. Box 131, 1211 Ge- United States, the District of Colum- neva 20, Switzerland. bia, Guam, Puerto Rico, the Virgin Is- (1) IEC 60945, Fourth edition 2002–08, lands, American Samoa, the Northern Maritime navigation and Mariana Islands, and any other terri- radiocommunication equipment and tory or possession of the United States. systems—General requirements—Meth- ods of testing and required test results, [USCG–1999–5525, 66 FR 58070, Nov. 20, 2001, as amended by USCG–2005–22612, 73 FR 23318, incorporation by reference approved Apr. 29, 2008] for § 169.215. (2) [Reserved] § 169.10 What geographic coordinates (c) International Maritime Organization are used? (IMO), 4 Albert Embankment, London Geographic coordinates expressed in SE1 7SR, U.K. terms of latitude or longitude, or both, (1) IMO Resolution MSC.202(81), are not intended for plotting on maps adopted on May 19, 2006, Adoption of or charts where the referenced hori- Amendments to the International Con- zontal datum is the North American vention for the Safety of Life at Sea, Datum of 1983 (NAD 83), unless such ge- 1974, as Amended, incorporation by ref- ographic coordinates are expressly la- erence approved for § 169.240. beled NAD 83. Geographic coordinates without the NAD 83 reference may be (2) IMO Resolution MSC.210(81), plotted on maps or charts referenced to adopted on May 19, 2006, Performance NAD 83 only after application of the

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Standards and Functional Require- § 169.102 Who is the shore-based au- ments for the Long-Range Identifica- thority? tion and Tracking of Ships, incorpora- The U.S. Coast Guard is the shore- tion by reference approved for §§ 169.215 based authority for these mandatory and 169.240. ship reporting systems. (3) IMO Resolution MSC.254(83), adopted on October 12, 2007, Adoption § 169.105 Where is the northeastern re- of Amendments to the Performance porting system located? Standards and Functional Require- ments for the Long-Range Identifica- Geographical boundaries of the tion and Tracking of Ships, incorpora- northeastern area include the waters of tion by reference approved for §§ 169.215 Cape Cod Bay, Massachusetts Bay, and and 169.240. the Great South Channel east and (4) IMO Resolution A.694(17), adopted southeast of Massachusetts. The co- on November 6, 1991, General Require- ordinates (NAD 83) of the area are as ments for Shipborne Radio Equipment follows: from a point on Cape Ann, Forming Part of the Global Maritime Massachusetts at 42°39′ N, 70°37′ W; then Distress and Safety System (GMDSS) northeast to 42°45′ N, 70°13′ W; then and for Electronic Navigational Aids, southeast to 42°10′ N, 68°31′ W; then incorporation by reference approved south to 41°00′ N, 68°31′ W; then west to for § 165.215. 41°00′ N, 69°17′ W; then northeast to (5) International Convention on Ton- 42°05′ N, 70°02′ W, then west to 42°04′ N, nage Measurement of Ships, 1969, incor- 70°10′ W; and then along the Massachu- poration by reference approved for setts shoreline of Cape Cod Bay and § 169.5. Massachusetts Bay back to the point on Cape Anne at 42°39′ N, 70°37′ W. [USCG–2005–22612, 73 FR 23319, Apr. 29, 2008, as amended by USCG–2010–0351, 75 FR 36287, § 169.110 When is the northeastern re- June 25, 2010; USCG–2011–0257, 76 FR 31838, June 2, 2011] porting system in effect? The mandatory ship reporting sys- Subpart B—Establishment of Two tem in the northeastern United States Mandatory Ship Reporting operates year-round. Systems for the Protection of § 169.115 Where is the southeastern re- Northern Right Whales porting system located? § 169.100 What mandatory ship report- Geographical boundaries of the ing systems are established by this southeastern area include coastal subpart? waters within about 25 nautical miles This subpart prescribes requirements (45 kilometer) along a 90-nautical mile for the establishment and maintenance (170-kilometer) stretch of the Atlantic of two mandatory ship reporting sys- seaboard in Florida and Georgia. The tems for the protection of the endan- area coordinates (NAD 83) extends from gered northern right whale (also known the shoreline east to longitude 80°51.6′ as the North Atlantic right whale). W with the southern and northern These two systems are designated for boundaries at latitude 30°00′ N and certain areas of the East Coast of the 31°27′ N, respectively. United States. One system is located in the northeast and is identified as § 169.120 When is the southeastern re- WHALESNORTH. The other system is porting system in effect? located in the southeast and is identi- The mandatory ship reporting sys- fied as WHALESSOUTH. tem in the southeastern United States NOTE TO § 169.100: 50 CFR 224.103(c) contains operates during the period beginning requirements and procedures concerning on November 15 each year through northern right whale approach limitations April 16 of the following year. and avoidance procedures. [USCG–1999–5525, 66 FR 58070, Nov. 20, 2001] [USCG–1999–5525, 64 FR 29234, June 1, 1999, as amended by 66 FR 58070, Nov. 20, 2001]

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§ 169.125 What classes of ships are re- Guard using other means, listed below quired to make reports? in order of precedence— (1) Narrow band direct printing Each self-propelled ship of 300 gross (SITOR), tons or greater must participate in the (2) HF voice communication, or reporting systems, except government (3) MF or VHF voice communica- ships exempted from reporting by regu- tions. lation V/8–1(c) of SOLAS. However, ex- (c) SITOR or HF reports made di- empt ships are encouraged to partici- rectly to the Coast Guard’s Commu- pate in the reporting systems. nications Area Master Station Atlantic [USCG–1999–5525, 66 FR 58070, Nov. 20, 2001] (CAMSLANT) in Chesapeake, VA, or MF or VHF reports made to Coast § 169.130 When are ships required to Guard activities or groups, should only make reports? be made by ships not equipped with INMARSAT C. Ships in this category Participating ships must report to must provide all the required informa- the shore-based authority upon enter- tion to the Coast Guard watchstander. ing the area covered by a reporting system. Additional reports are not nec- [USCG–1999–5525, 64 FR 29234, June 1, 1999, as essary for movements made within a amended by 66 FR 58070, Nov. 20, 2001] system or for ships exiting a system. § 169.140 What information must be included in the report? § 169.135 How must the reports be made? Each ship report made to the shore- based authority must follow the stand- (a) A ship equipped with INMARSAT ard reporting and format requirements C must report in IMO standard format listed in this section in table 169.140. as provided in § 169.140 in table 169.140. Current email addresses and telex num- (b) A ship not equipped with bers are published annually in the US INMARSAT C must report to the Coast Coast Pilot.

TABLE 169.140—REQUIREMENTS FOR SHIP REPORTS

Telegraphy Function Information required

Name of system ...... System identifier ...... Ship reporting system WHALESNORTH or WHALESSOUTH. M ...... INMARSAT Number ...... Vessel INMARSAT number A ...... Ship ...... The name, call sign or ship station identity, IMO number, and flag of the vessel. B ...... Date and time of event ...... A 6-digit group giving day of month (first two digits), hours and minutes (last four digits). E ...... True course ...... A 3-digit group indicating true course. F ...... Speed in knots and tenths of knots ...... A 3-digit group. H ...... Date, time and point of entry into system Entry time expressed as in (B) and entry position expressed as-(1) 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 (2) True bearing (first 3 digits) and distance (state distance) in nautical miles from a clearly identified landmark (state landmark) I ...... Destination and expected time of arrival Name of port and date time group expressed as in (B) L ...... Route information ...... Intended track.

[USCG–1999–5525, 66 FR 58070, Nov. 20, 2001]

Subpart C—Transmission of Long § 169.200 What is the purpose of this Range Identification and subpart? Tracking Information This subpart implements Regulation 19–1 of SOLAS Chapter V (SOLAS V/19–

SOURCE: USCG–2005–22612, 73 FR 23319, Apr. 1) and requires certain ships engaged 29, 2008, unless otherwise noted. on an international voyage to transmit

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vessel identification and position infor- has been type-approved by their Ad- mation electronically. This require- ministration. To be type-approved by ment enables the Coast Guard to ob- the Coast Guard, LRIT equipment tain long range identification and must meet the requirements of IMO tracking (LRIT) information and thus Resolutions A.694(17), MSC.210(81), and heightens our overall maritime domain MSC.254(83), and IEC standard IEC awareness, enhances our search and 60945 (Incorporated by reference, see rescue operations, and increases our § 169.15). ability to detect anomalies and deter transportation security incidents. § 169.220 When must a ship be fitted with LRIT equipment? § 169.205 What types of ships are re- A ship identified in § 169.205 must be quired to transmit LRIT informa- equipped with LRIT equipment— tion (position reports)? (a) Before getting underway, if the The following ships, while engaged on ship is constructed on or after Decem- an international voyage, are required ber 31, 2008. to transmit position reports: (b) By the first survey of the radio in- (a) A passenger ship, including high stallation after December 31, 2008, if speed passenger craft. the ship is— (b) A cargo ship, including high speed (1) Constructed before December 31, craft, of 300 gross tonnage or more. 2008, and (c) A mobile offshore drilling unit (2) Operates within— while underway and not engaged in (i) One hundred (100) nautical miles drilling operations. of the United States baseline, or § 169.210 Where during its inter- (ii) Range of an Inmarsat geo- national voyage must a ship trans- stationary satellite, or other Applica- mit position reports? tion Service Provider recognized by the The requirements for the trans- Administration, with which continuous mission of position reports, imposed by alerting is available. the United States, vary depending on (c) By the first survey of the radio in- the relationship of the United States to stallation after July 1, 2009, if the ship a ship identified in § 169.205. is— (a) Flag State relationship. A U.S. flag (1) Constructed before December 31, ship engaged on an international voy- 2008, and age must transmit position reports (2) Operates within the area or range wherever they are located. specified in paragraph (b)(2) of this sec- (b) Port State relationship. A foreign tion as well as outside the range of an flag ship engaged on an international Inmarsat geostationary satellite with voyage must transmit position reports which continuous alerting is available. after the ship has announced its inten- While operating in the area or range tion to enter a U.S. port or place under specified in paragraph (b)(2) of this sec- requirements in 33 CFR part 160, sub- tion, however, a ship must install LRIT part C. equipment by the first survey of the (c) Coastal State relationship. A for- radio installation after December 31, eign flag ship engaged on an inter- 2008. national voyage must transmit position reports when the ship is within § 169.225 Which Application Service Providers may a ship use? 1,000 nautical miles of the baseline of the United States, unless their Flag A ship may use an Application Serv- Administration, under authority of ice Provider (ASP) recognized by its SOLAS V/19–1.9.1, has directed them Administration. Some Communication not to do so. Service Providers may also serve as an ASP. § 169.215 How must a ship transmit position reports? § 169.230 How often must a ship trans- A ship must transmit position re- mit position reports? ports using Long Range Identification A ship’s LRIT equipment must trans- and Tracking (LRIT) equipment that mit position reports at 6-hour intervals

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unless a more frequent interval is re- detailed in SOLAS V/19–1.7, or in para- quested remotely by an LRIT Data graph 4.4.1, of resolution MSC.210(81), Center. as amended by resolution MSC.254(83) (Incorporated by reference, see § 169.15). § 169.235 What exemptions are there from reporting? § 169.245 What must a ship master do A ship is exempt from this subpart if if LRIT equipment is switched off it is— or fails to operate? (a) Fitted with an operating auto- (a) If a ship’s LRIT equipment is matic identification system (AIS), switched off or fails to operate, the under 33 CFR 164.46, and operates only ship’s master must inform his or her within 20 nautical miles of the United Flag Administration without undue States baseline, delay. (b) A warship, naval auxiliaries or (b) The master must also make an other ship owned or operated by a entry in the ship’s logbook that SOLAS Contracting Government and states— used only on Government non-commer- (1) His or her reason for switching cial service, or the LRIT equipment off, or an entry (c) A ship solely navigating the Great that the equipment has failed to oper- Lakes of North America and their con- ate, and necting and tributary waters as far (2) The period during which the LRIT east as the lower exit of the St. Lam- equipment was switched off or non- bert Lock at Montreal in the Province operational. of Quebec, Canada. NOTE TO § 169.245: For U.S. vessels, the U.S. § 169.240 When may LRIT equipment Coast Guard serves as the Flag Administra- be switched off? tion for purposes of this section. All LRIT notifications for the U.S. Flag Administra- A ship engaged on an international tion, in addition to requests or questions voyage may switch off its LRIT equip- about LRIT, should be communicated to the ment only when it is permitted by its U.S. Coast Guard by e-mail addressed to Flag Administration, in circumstances [email protected].

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