Subchapter P—Ports and Waterways Safety

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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, substitute 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 (ix) USCG Vessel Response Plan Control Number, if applicable ...... 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

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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

(iv) Passport or mariners document number (type of identification and number); ...... X X X (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 Compli- ance certificate that covers the vessel; ...... X X X (ii) The date of issuance for the vessel’s Safety Management Cer- tificate; 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 Certificate (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 Se- curity 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 voyage. Any vessel submitting a con- ports or places in the continental solidated notice under this section United States need submit only the must still meet the requirements of name of and date of arrival and depar- § 160.208 of this part concerning require- ture for the last port or places visited ments for changes to an NOA. to meet the requirements in entries (2)(i) and (ii) to Table 160.206 of this [USCG–2002–11865, 68 FR 9543, Feb. 28, 2003, as section. amended by USCG–2003–14749, 68 FR 39313, July 1, 2003; 68 FR 63735, Nov. 10, 2003; USCG– (c) You may submit a copy of INS 2008–1070, 78 FR 60135, Sept. 30, 2013] Form I–418 to meet the requirements of entries (4) and (5) in Table 160.206. EFFECTIVE DATE NOTE: By USCG–2002– (d) Any vessel planning to enter two 11865, 68 FR 27908, May 22, 2003, in § 160.206, in paragraph (a), item (8) in table 160.206 was or more consecutive ports or places in suspended, effective May 22, 2003. the United States during a single voyage may submit one consolidated Noti- § 160.208 Changes to a submitted NOA. fication of Arrival at least 96 hours before entering the first port or place of (a) Unless otherwise specified in this destination. The consolidated notice section, when submitted NOA informa- must include the name of the port or tion changes, vessels must submit a no- place and estimated arrival and depar- tice of change within the times re- ture date for each destination of the quired in § 160.212.

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(b) Changes in the following informa- paragraph (a) of this section by submit- tion need not be reported: ting the required information to the (1) Changes in arrival or departure Saint Lawrence Seaway Development times that are less than six (6) hours; Corporation and the Saint Lawrence (2) Changes in vessel location or posi- Seaway Management Corporation of tion of the vessel at the time of report- Canada by fax at 315–764–3235 or at 315– ing (entry (2)(vi) to Table 160.206); and 764–3200. The Cargo Declaration (Cus- (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- sible Markup Language (XML) for- [USCG–2002–11865, 68 FR 9543, Feb. 28, 2003; 68 matted documents via web service; FR 63735, Nov. 10, 2003, as amended by USCG– (iii) Electronic submission via Micro- 2004–19963, 70 FR 74669, Dec. 16, 2005] soft InfoPath; contact the NVMC at EFFECTIVE DATE NOTE: By USCG–2002– [email protected] or by telephone at 11865, 68 FR 27908, May 22, 2003, in § 160.210, 1–800–708–9823 or 304–264–2502 for more the last sentence of paragraph (b), the last information; sentence of paragraph (c), and paragraph (d) (2) E-mail at [email protected]. were suspended, effective May 22, 2003. Workbook available at http:// www.nvmc.uscg.gov; § 160.212 When to submit an NOA. (3) Fax at 1–800–547–8724 or 304–264– (a) Submission of NOA. (1) Except as 2684. Workbook available at http:// set out in paragraph (a)(2) of this sec- www.nvmc.uscg.gov; or, tion, all vessels must submit NOAs (4) Telephone at 1–800–708–9823 or 304– within the times required in paragraph 264–2502. (a)(3) of this section. (b) Saint Lawrence Seaway transits. (2) Towing vessels, when in control of Those vessels transiting the Saint a vessel carrying CDC and operating Lawrence Seaway inbound, bound for a solely between ports or places in the port or place in the United States, may continental United States, must sub- meet the submission requirements of mit an NOA before departure but at

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least 12 hours before entering the port tion (Customs Form 1302), (Entry (8) to or place of destination. Table 160.206) before departure but at (3) Times for submitting NOAs areas least 24 hours before entering the U.S. follows: port or place of destination. [USCG–2002–11865, 68 FR 9543, Feb. 28, 2003; 68 If your voyage You must submit an NOA— time is— FR 63735, Nov. 10, 2003] (i) 96 hours or At least 96 hours before entering the EFFECTIVE DATE NOTE: By USCG–2002– more; or. port or place of destination; or 11865, 68 FR 27908, May 22, 2003, in § 160.212, (ii) Less than 96 Before departure but at least 24 hours paragraph (c) was suspended, effective May hours. before entering the port or place of 22, 2003. destination. § 160.214 Waivers. (b) Submission of changes to NOA. (1) Except as set out in paragraph (b)(2) of The Captain of the Port may waive, this section, vessels must submit within that Captain of the Port’s des- changes in NOA information within the ignated zone, any of the requirements times required in paragraph (b)(3) of of this subpart for any vessel or class this section. of vessels upon finding that the vessel, (2) Towing vessels, when in control of route, area of operations, conditions of a vessel carrying CDC and operating the voyage, or other circumstances are solely between ports or places in the such that application of this subpart is continental United States, must sub- unnecessary or impractical for pur- mit changes to an NOA as soon as prac- poses of safety, environmental protec- ticable but at least 6 hours before en- tion, or national security. tering the port or place of destination. (3) Times for submitting changes to § 160.215 Notice of hazardous condi- NOAs are as follows: tions. Whenever there is a hazardous condi- If your remaining Then you must submit changes to an tion either aboard a vessel or caused by voyage time is— NOA— a vessel or its operation, the owner, (i) 96 hours or As soon as practicable but at least 24 agent, master, operator, or person in more;. hours before entering the port or place charge shall immediately notify the of destination; (ii) Less than 96 As soon as practicable but at least 24 nearest Coast Guard Sector Office or hours but not hours before entering the port or place Group Office. (Compliance with this less than 24 of destination; or section does not relieve responsibility hours; or (iii) Less than 24 As soon as practicable but at least 12 for the written report required by 46 hours. hours before entering the port or place CFR 4.05–10.) of destination. [USCG–2002–11865, 68 FR 9543, Feb. 28, 2003, as (c) Submission of the Cargo Declaration amended by USCG–2006–25556, 72 FR 36328, (Customs Form 1302). (1) Except as set July 2, 2007] out in paragraph (c)(2) of this section, all vessels must submit to USCS the Subpart D—Crewmember Cargo Declaration (Customs Form 1302) Identification in entry (8) to Table 160.206, within the times required in paragraph (a)(3) of SOURCE: USCG–2007–28648, 74 FR 19140, Apr. this section. 28, 2009, unless otherwise noted. (2)(i) Except for vessels carrying con- tainerized cargo or break bulk cargo, § 160.300 Applicability. vessels carrying bulk cargo may sub- (a) This subpart applies to crew- mit the Cargo Declaration (Customs members on the following vessels in Form 1302), (Entry (8) to Table 160.206) the navigable waters of the United before departure but at least 24 hours States en route to a U.S. port or place before entering the U.S. port or place of destination or at a U.S. port or of destination. place: (ii) Vessels carrying break bulk cargo (1) A foreign vessel engaged in com- operating under a USCS exemption mercial service, and granted under 19 CFR 4.7(b)(4)(ii) may, (2) A U.S. vessel engaged in commer- during the effective period of the USCS cial service and coming from a foreign exemption, submit the Cargo Declara- 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. safe vessel movement by reducing the potential for collisions, rammings, and SERVICES, VTS MEASURES, AND OPERATING REQUIREMENTS groundings, and the loss of lives and property associated with these inci- 161.10 Services. dents within VTS areas established 161.11 VTS measures. 161.12 Vessel operating requirements. hereunder. 161.13 VTS Special Area operating require- (b) Vessel Traffic Services provide ments. the mariner with information related to the safe navigation of a waterway. Subpart B—Vessel Movement Reporting This information, coupled with the System mariner’s compliance with the provi- 161.15 Purpose and intent. sions set forth in this part, enhances 161.16 Applicability. the safe routing of vessels through con- 161.17 Definitions. gested waterways or waterways of par- 161.18 Reporting requirements. ticular hazard. Under certain cir- 161.19 Sailing Plan (SP). cumstances, a VTS may issue direc- 161.20 Position Report (PR). 161.21 Automated reporting. tions to control the movement of ves- 161.22 Final Report (FR). sels in order to minimize the risk of 161.23 Reporting exemptions. collision between vessels, or damage to 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 161.25 Vessel Traffic Service New York responsible for the manner in which Area. the vessel is operated and maneuvered, 161.30 Vessel Traffic Service Louisville. and is responsible for the safe naviga- 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 River. at all times contingent upon the ex- 161.50 Vessel Traffic Service San Francisco. igencies of safe navigation. 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. 161.65 Vessel Traffic Service Lower Mis- sequences of any neglect to comply sissippi River. with this part or any other applicable 161.70 Vessel Traffic Service Port Arthur. law or regulation (e.g., the Inter- national Regulations for Prevention of AUTHORITY: 33 U.S.C. 1223, 1231; 46 U.S.C. 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 be required by the ordinary practice of SOURCE: CGD 90–020, 59 FR 36324, July 15, 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: Cooperative Vessel Traffic Services § 161.1 Purpose and Intent. (CVTS) means the system of vessel traf- (a) The purpose of this part is to pro- fic management established and jointly mulgate regulations implementing and operated by the United States and Can- enforcing certain sections of the Ports ada within adjoining waters. In addi- and Waterways Safety Act (PWSA) set- tion, CVTS facilitates traffic move- ting up a national system of Vessel ment and anchorages, avoids jurisdic- Traffic Services that will enhance tional disputes, and renders assistance navigation, vessel safety, and marine in emergencies in adjoining United environmental protection, and promote 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 preceding a transit, ations and conditions, such as ferry 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 1 Center MMSI (Channel designa- 34 Call Sign tion)— Monitoring Area purpose 2

Berwick Bay—003669950: Berwick Traffic ...... 156.550 MHz (Ch. 11) The waters south of 29°45.00′ N., west of 91°10.00′ W., north of 29°37.00′ N., and east of 91°18.00′ 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°27.20′ N., longitude 70°11.70′ W., to the Buzzards Bay Entrance Light in approximate position latitude 41°23.50′ N., longitude 71°02.00′ W., and then to the southwestern tangent of Cuttyhunk Island, Massachusetts, at approximate position latitude 41°24.60′ N., longitude 70°57.00′ 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 Is- lands, is not considered to be ‘‘Buzzards Bay’’. Houston-Galveston—003669954 ...... The navigable waters north of 29°00.00′ N., west of 94°20.00′ W., south of 29°49.00′ N., and east of 95°20.00′ W. Houston Traffic ...... 156.550 MHz (Ch. 11) The navigable waters north of a line extending due west from the 156.250 MHz (Ch. southernmost end of Exxon Dock #1 (20°43.37′ N., 95°01.27′ 5A). W.). —For Sailing Plans only. Houston Traffic ...... 156.600 MHz (Ch. 12) The navigable waters south of a line extending due west from the 156.250 MHz (Ch. southernmost end of Exxon Dock #1 (29°43.37′ N., 95°01.27′ 5A). W.). —For Sailing Plans only.

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

Designated frequency 1 Center MMSI (Channel designa- 34 Call Sign tion)— Monitoring Area purpose 2

Los Angeles-Long Beach— 03660465: 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°42.30′ N., 118°17.60′ W.). Louisville—003669732: 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°55.30′ N., 89°55.60′ W. (Saxonholm Light) at 86.0 miles Above Head of Passes (AHP), extending down river to South- west Pass, and, within a 12 nautical mile radius around 28°54.30′ N., 89°25.70′ W. (Southwest Pass Entrance Light) at 20.1 miles Below Head of Passes. New Orleans Traffic ...... 156.600 MHz ...... The navigable waters of the Lower Mississippi River bounded on (Ch. 12) ...... the north by a line drawn perpendicular on the river at 29°55.50′ N., 90°12.77′ W. (Upper Twelve Mile Point) at 109.0 miles AHP and on the south by a line drawn perpendicularly at 29°55.30′ N., 89°55.60′ W. (Saxonholm Light) at 86.0 miles AHP. New Orleans Traffic ...... 156.250 MHz ...... The navigable waters of the Lower Mississippi River below (Ch. 05A) ...... 30°38.70′ N., 91°17.50′ W. (Port Hudson Light) at 254.5 miles AHP bounded on the south by a line drawn perpendicular on the river at 29°55.50′ N., 90°12.77′ W. (Upper Twelve Mile Point) at 109.0 miles AHP. New York—003669951: New York Traffic ...... 156.550 MHz ...... The area consists of the navigable waters of the Lower New York (Ch. 11) ...... Bay bounded on the east by a line drawn from Norton Point to —For Sailing Plans Breezy Point; on the south by a line connecting the entrance only. buoys at the Ambrose Channel, Swash Channel, and Sandy 156.600 MHz Hook Channel to Sandy Hook Point; and on the southeast in- (Ch. 12)...... cluding the waters of Sandy Hook Bay south to a line drawn at —For vessels at an- latitude 40°25.00′ N.; then west in the Raritan Bay to the Raritan chor. River Railroad Bridge, then north into waters of the Arthur Kill and Newark Bay to the Lehigh Valley Draw Bridge at latitude 40°41.90′ N.; 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°43.70′ N., longitude 74°01.60′ 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 ...... The navigable waters of the Lower New York Bay west of a line (Ch. 14) ...... 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°25.00′ 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 Tunnel Ventilator Shaft); west through the KVK into the Arthur Kill north of 40°38.25′ N. (Arthur Kill Rail- road 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 ...... The navigable waters of the Raritan Bay south to a line drawn at (Ch. 12) ...... latitude 40°26.00′ 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—003669955:

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

Designated frequency 1 Center MMSI (Channel designa- 34 Call Sign tion)— Monitoring Area purpose 2

Port Arthur Traffic ...... 156.050 MHz ...... The navigable waters of the Sabine-Neches Canal south of (Ch. 01A) ...... 29°52.70′ N.; Port Arthur Canal; Sabine Pass Channel; Sabine Bank Channel; Sabine Outer Bar Channel; the offshore safety fairway; and the ICW from High Island to its intersection with the Sabine-Neches Canal. Port Arthur Traffic ...... 156.275 MHz ...... The navigable waters of the Neches River; Sabine River; and (Ch. 65A) ...... Sabine-Neches Waterway north of 29°52.70′ N.; and the ICW from its intersection with the Sabine River to MM 260. Port Arthur Traffic ...... 156.675 MHz ...... The navigable waters of the Calcasieu Channel; Calcasieu River (Ch. 73) 6 ...... Channel; and the ICW from MM 260 to MM 191. Prince William Sound— 003669958: Valdez Traffic ...... 156.650 MHz ...... The navigable waters south of 61°05.00′ N., east of 147°20.00′ (CH. 13) ...... W., north of 60°00.00′ N., and west of 146°30.00′ W.; and, all navigable waters in Port Valdez. Puget Sound: 7 Seattle Traffic— 156.700 MHz ...... The waters of Puget Sound, Hood Canal and adjacent waters 003669957. (Ch. 14) ...... south of a line connecting Nodule Point and Bush Point in Admi- ralty Inlet and south of a line drawn due east from the southernmost tip of Possession Point on Whidbey Island to the shoreline. Seattle Traffic— 156.250 MHz ...... The waters of the Strait of Juan de Fuca east of 124°40.00′ W. ex- 003669957. (Ch. 5A) ...... cluding 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°52.00′ W.; the San Juan Island Ar- chipelago, 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 Possession Point on Whidbey Island to the shoreline. Tofino Traffic— 156.725 MHz ...... The waters west of 124°40.00′ W. within 50 nautical miles of the 003160012. (Ch. 74) ...... coast of Vancouver Island including the waters north of 48°00.00′ N., and east of 127°00.00′ W. Victoria Traffic— 156.550 MHz ...... The waters of the Strait of Georgia west of 122°52.00′ W., the 003160010. (Ch. 11) ...... navigable waters of the central Strait of Juan de Fuca north and east of Race Rocks, including the Gulf Island Archipelago, Boundary Pass and Haro Strait. San Francisco—003669956: San Francisco Traffic ...... 156.700 MHz ...... The navigable waters of the San Francisco Offshore Precautionary (Ch. 14) ...... Area, the navigable waters shoreward of the San Francisco Off- shore Precautionary Area east of 122°42.00′ W. and north of 37°40.00′ N. extending eastward through the Golden Gate, and the navigable waters of San Francisco Bay and as far east as the port of Stockton on the San Joaquin River, as far north as the port of Sacramento on the Sacramento River. San Francisco Traffic ...... 156.600 MHz ...... The navigable waters within a 38 nautical mile radius of Mount (Ch. 12) ...... Tamalpais (37°55.80′ N., 122°34.60′ W.) west of 122°42.00′ W. and south of 37°40.00′ N. and excluding the San Francisco Off- shore Precautionary Area. St. Mary’s River—003669953: Soo Traffic ...... 156.600 MHz ...... The waters of the St. Mary’s River and lower Whitefish Bay from (Ch. 12) ...... 45°57.00′ N. (De Tour Reef Light) to the south, to 46°38.70′ N. (Ile Parisienne Light) to the north, except the waters of the St. Mary’s Falls Canal and to the east along a line from La Pointe to Sims Point, within 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 an MMSI number, except for Louisville and Los An- geles/Long Beach. 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 (Channel 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.

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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 otherwise directed, full VTS services will not be available in the Calcasieu Channel, Calcasieu River Channel, and the ICW from MM 260 to MM 191. Vessels may contact Port Arthur Traffic on the designated VTS frequency to request advisories, but are not required to monitor the VTS frequency in this sector. 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.

(d) As soon as is practicable, a VTS ments, and any other information nec- User shall notify the VTS of any of the essary in order to make safe passing following: arrangements. This requirement does (1) A marine casualty as defined in 46 not relieve a vessel of any duty pre- CFR 4.05–1; scribed by the International Regula- (2) Involvement in the ramming of a tions for Prevention of Collisions at fixed or floating object; Sea, 1972 (72 COLREGS) or the Inland (3) A pollution incident as defined in Navigation Rules. § 151.15 of this chapter; (4) A defect or discrepancy in an aid Subpart B—Vessel Movement to navigation; Reporting System (5) A hazardous condition as defined in § 160.203 of this chapter; § 161.15 Purpose and intent. (6) Improper operation of vessel (a) A Vessel Movement Reporting equipment required by part 164 of this System (VMRS) is a system used to chapter; monitor and track vessel movements (7) A situation involving hazardous within a VTS or VMRS area. This is materials for which a report is required accomplished by requiring that vessels by 49 CFR 176.48; and provide information under established (8) A hazardous vessel operating con- procedures as set forth in this part, or dition as defined in § 161.2. as directed by the Center. [CGD 90–020, 59 FR 36324, July 15, 1994] (b) To avoid imposing an undue reporting burden or unduly congesting EDITORIAL NOTE: For FEDERAL REGISTER ci- radiotelephone frequencies, reports tations affecting § 161.12, see the List of CFR Sections Affected, which appears in the shall be limited to information which Finding Aids section of the printed volume is essential to achieve the objectives of and at www.fdsys.gov. the VMRS. These reports are consolidated into three reports (sailing plan, § 161.13 VTS Special Area operating position, and final). requirements. [CGD 90–020, 59 FR 36324, July 15, 1994, as The following operating require- amended by USCG–2003–14757, 68 FR 39366, ments apply within a VTS Special July 1, 2003; USCG–2011–0257, 76 FR 31838, Area: June 2, 2011] (a) A VTS User shall, if towing astern, do so with as short a hawser as § 161.16 Applicability. safety and good seamanship permits. Unless otherwise stated, the provi- (b) A VMRS User shall: (1) Not enter sions of this subpart apply to the fol- or get underway in the area without lowing vessels and VMRS Users: prior approval of the VTS; (a) Every power-driven vessel of 40 (2) Not enter a VTS Special Area if a meters (approximately 131 feet) or hazardous vessel operating condition or more in length, while navigating; circumstance exists; (b) Every towing vessel of 8 meters (3) Not meet, cross, or overtake any (approximately 26 feet) or more in other VMRS User in the area without length, while navigating; or prior approval of the VTS; and (c) Every vessel certificated to carry (4) Before meeting, crossing, or over- 50 or more passengers for hire, when taking any other VMRS User in the engaged in trade. area, communicate on the designated [CGD 90–020, 59 FR 36324, July 15, 1994, as vessel bridge-to-bridge radiotelephone amended by USCG–2003–14757, 68 FR 39366, frequency, intended navigation move- July 1, 2003]

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§ 161.17 Definitions. medium (e.g., VTS User’s Manual, ferry schedule, Notice to Mariners). As used in this subpart: Center means a Vessel Traffic Center [USCG–2003–14757, 68 FR 39366, July 1, 2003] or Vessel Movement Center. § 161.18 Reporting requirements. Published means available in a wide- ly-distributed and publicly available (a) A Center may: (1) Direct a vessel to provide any of the information set forth in Table 161.18(a) (IMO Standard Ship Reporting System);

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.

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TABLE 161.18(a)—THE IMO STANDARD SHIP REPORTING SYSTEM—Continued 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.].

(2) Establish other means of report- local time zone in effect and the 24- ing for those vessels unable to report hour military clock system. on the designated frequency; or [CGD 90–020, 59 FR 36324, July 15, 1994, as (3) Require reports from a vessel in amended by USCG–2003–14757, 68 FR 39366, sufficient time to allow advance vessel July 1, 2003] traffic planning. (b) All reports required by this part § 161.19 Sailing Plan (SP). shall be made as soon as is practicable Unless otherwise stated, at least 15 on the frequency designated in Table minutes before navigating a VTS area, 161.12(c) (VTS and VMRS Centers, Call a vessel must report the: Signs/MMSI, Designated Frequencies, (a) Vessel name and type; and Monitoring Areas). (b) Position; (c) When not exchanging communica- (c) Destination and ETA; tions, a VMRS User must maintain a (d) Intended route; listening watch as described in § 26.04(e) (e) Time and point of entry; and of this chapter on the frequency des- (f) Certain dangerous cargo on board ignated in Table 161.12(c) (VTS and or in its tow, as defined in § 160.204 of VMRS Centers, Call Signs/MMSI, Des- this subchapter. ignated Frequencies, and Monitoring [CGD 90–020, 59 FR 36324, July 15, 1994, as Areas). In addition, the VMRS User amended by USCG–2011–1024, 78 FR 51671, must respond promptly when hailed Aug. 21, 2013] and communicate in the English language. § 161.20 Position Report (PR).

NOTE: As stated in 47 CFR 80.148(b), a VHF A vessel must report its name and watch on Channel 16 (156.800 MHz) is not re- position: quired on vessels subject to the Vessel (a) Upon point of entry into a VMRS Bridge-to-Bridge Radiotelephone Act and area; participating in a Vessel Traffic Service (b) At designated reporting points as (VTS) system when the watch is maintained set forth in subpart C; or on both the vessel bridge-to-bridge frequency (c) When directed by the Center. and a designated VTS frequency. [CGD 90–020, 59 FR 36324, July 15, 1994, as (d) A vessel must report: amended by USCG–2003–14757, 68 FR 39366, (1) Any significant deviation from its July 1, 2003] Sailing Plan, as defined in § 161.19, or from previously reported information; § 161.21 Automated reporting. or (a) Unless otherwise directed, vessels (2) Any intention to deviate from a equipped with an Automatic Identifica- VTS issued measure or vessel traffic tion System (AIS) are required to routing system. make continuous, all stations, AIS (e) When reports required by this broadcasts, in lieu of voice Position part include time information, such in- Reports, to those Centers denoted in formation shall be given using the Table 161.12(c) of this part. (b) Should an AIS become non-operational, while or prior to navigating a

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VMRS area, it should be restored to op- § 161.25 Vessel Traffic Service New erating condition as soon as possible, York Area. and, until restored a vessel must: The area consists of the navigable (1) Notify the Center; waters of the Lower New York Harbor (2) Make voice radio Position Reports bounded on the east by a line drawn at designated reporting points as re- from Norton Point to Breezy Point; on quired by § 161.20(b) of this part; and the south by a line connecting the en- (3) Make any other reports as di- trance buoys at the Ambrose Channel, rected by the Center. Swash Channel, and Sandy Hook Chan- nel to Sandy Hook Point; and on the [USCG–2003–14757, 68 FR 39366, July 1, 2003] southeast including the waters of Sandy Hook Bay south to a line drawn § 161.22 Final Report (FR). at latitude 40°25′ N.; then west into A vessel must report its name and waters of the Raritan Bay to the Rari- position: tan River Rail Road Bridge; and then (a) On arrival at its destination; or north including the waters of the Ar- (b) When leaving a VTS area. thur Kill and Newark Bay to the Le- high Valley Draw Bridge at latitude ° ′ § 161.23 Reporting exemptions. 40 41.9 N.; and then east including the waters of the Kill Van Kull and Upper (a) Unless otherwise directed, the fol- New York Bay north to a line drawn lowing vessels are exempted from pro- east-west from the Holland Tunnel viding Position and Final Reports due Ventilator Shaft at latitude 40°43.7′ N., to the nature of their operation: longitude 74°01.6′ W. in the Hudson (1) Vessels on a published schedule River; and then continuing east includ- and route; ing the waters of the East River to the (2) Vessels operating within an area Throgs Neck Bridge, excluding the Har- of a radius of three nautical miles or lem River. less; or NOTE: Although mandatory participation (3) Vessels escorting another vessel in VTSNY is limited to the area within the or assisting another vessel in maneu- navigable waters of the United States, vering procedures. VTSNY will provide services beyond those waters. Prospective users are encouraged to (b) A vessel described in paragraph report beyond the area of required participa- (a) of this section must: tion in order to facilitate advance vessel (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 Twelve Mile Island (Mile 593), only [CGD 90–020, 59 FR 36324, July 15, 1994, as when the McAlpine upper pool gauge is amended by CGD 97–023, 62 FR 33364, June 19, at 13.0 feet or above. 1997; USCG–2003–14757, 68 FR 39367, July 1, 2003] [CGD 90–020, 59 FR 36324, July 15, 1994, as amended by USCG–1998–3799, 63 FR 35531, June 30, 1998] Subpart C—Vessel Traffic Service and Vessel Movement Report- § 161.35 Vessel Traffic Service Hous- ing System Areas and Report- ton/Galveston. ing Points (a) The VTS area consists of the following major waterways and portions NOTE: All geographic coordinates con- of connecting waterways: Galveston tained in part 161 (latitude and longitude) Bay Entrance Channel; Outer Bar are expressed in North American Datum of Channel; Inner Bar Channel; Bolivar 1983 (NAD 83). Roads Channel; Galveston Channel;

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Gulf ICW and Galveston-Freeport Cut- TABLE 161.35(b)—VTS HOUSTON/GALVESTON Off from Mile 346 to Mile 352; Texas PRECAUTIONARY AREAS—Continued City Channel; Texas City Turning Basin; Texas City Canal Channel; Precautionary Radius Center point Texas City Canal Turning Basin; Hous- area name (yds.) Latitude Longitude ton Ship Channel; Bayport Channel; ° ′ ° ′ Bayport Turning Basin; Houston Turn- Morgans Point 2000 29 41.0 N 94 59.0 W Upper San 1000 29°42.3′ N 95°01.1′ W ing Basin; and the following pre- Jacinto Bay. cautionary areas associated with these Baytown ...... 1000 29°43.6′ N 95°01.4′ W waterways. Lynchburg ...... 1000 29°45.8′ N 95°04.8′ W (b) Precautionary areas. Carpenters 1000 29°45.3′ N 95°05.6′ W Bayou. ° ′ ° ′ TABLE 161.35(b)—VTS HOUSTON/GALVESTON Jacintoport ..... 1000 29 44.8 N 95 06.0 W Greens Bayou 1000 29°44.8′ N 95°10.2′ W PRECAUTIONARY AREAS Hunting Bayou 1000 29°44.3′ N 95°12.1′ W ° ′ ° ′ Center point Sims Bayou ... 1000 29 43.2 N 95 14.4 W Precautionary Radius Brady Island .. 1000 29°43.5′ N 95°16.4′ W area name (yds.) Latitude Longitude Buffalo Bayou 1000 29°45.0′ N 95°17.3′ W

Bolivar Roads 4000 29°20.9′ N 94°47.0′ W NOTE: Each Precautionary Area encompasses a circular Red Fish Bar 4000 29°29.8′ N 94°51.9′ W area of the radius denoted. Bayport Chan- 4000 29°36.7′ N 94°57.2′ W nel. (c) Reporting points.

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 Alternate Route from Mile Marker 0 to Bay. Mile Marker 5; the ICW from Mile (a) The VTS area consists of the nav- Marker 93 west of Harvey Lock (WHL) igable waters of the following segments to Mile Marker 102 WHL; the of waterways: the Intracoastal Water- Atchafalaya River Route from Mile way (ICW) Morgan City to Port Allen Marker 113 to Mile Marker 122; from

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Bayou Shaffer Junction (ICW Mile (b) VTS Special Area. The Berwick Marker 94.5 WHL) south one statute Bay VTS Special Area consists of those mile along Bayou Shaffer; and from waters within a 1000 yard radius of the Berwick Lock northwest one statute Burlington Northern/Santa Fe Railroad mile along the Lower Atchafalaya Bridge located at Mile .03 MC/PA. River. (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 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]

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§ 161.50 Vessel Traffic Service San Georgia Strait, the Gulf and San Juan Francisco. Archipelagos, Rosario Strait, Boundary The VTS area consists of all the nav- Pass and Haro Strait, bounded on the igable waters of San Francisco Bay Re- northwest by 48°35′45″ N.; and on the gion south of the Mare Island Cause- southwest by 48°23′30″ N.; and on the way Bridge and the Petaluma River west by the rhumb line joining 48°35′45″ Entrance Channel Daybeacon 19 and N., 124°47′30″ W. with 48°23′30″ N., Petaluma River Entrace Channel Light 124°48′37″ W.; and on the northeast in 20 and north of the Dumbarton Bridge; the Strait of Georgia, by a line drawn its seaward approaches within a 38 nau- along 49° N. from Vancouver Island to tical mile radius of Mount Tamalpais Semiahmoo Bay; and on the southeast, (37–55.8′ N., 122–34.6′ W.); and its navi- by a line drawn from McCurdy Point on gable tributaries as far east as the port the Quimper Peninsula to Point Par- of Stockton on the San Joaquin River, tridge on Whidbey Island. Canadian as far north as the port of Sacramento and United States Vessel Traffic Cen- on the Sacramento River. ters (Tofino, B.C., Canada, Vancouver, BC, Canada and Seattle, WA) manage [CGD 90–020, 59 FR 36324, July 15, 1994, as traffic within the CVTS area irrespec- amended by CGD 95–033, 60 FR 28332, May 31, 1995] tive of the International Boundary. (b) VTS Special Area: The Eastern § 161.55 Vessel Traffic Service Puget San Juan Island Archipelago VTS Spe- Sound and the Cooperative Vessel cial Area consists of all waters of the Traffic Service for the Juan de eastern San Juan Island Archipelago Fuca Region. including: Rosario Strait bounded to The Vessel Traffic Service Puget the south by latitude 48°26.40′ N. (the Sound area consists of the navigable center of the Precautionary Area waters of the United States bounded by ‘‘RB’’) extending from Lopez Island to a line drawn from the Washington Fidalgo Island, and to the north by State coastline at 48°23′08″ N., 124°43′37″ latitude 48°40.57′ N. (the center of the W. on Cape Flattery to the Cape Flat- Precautionary Area ‘‘C’’) extending tery Light at 48°23′30″ N., 124°44′12″ W. from Orcas Island to Lummi Island; on Tatoosh Island, due west to the U.S. Guemes Channel; Bellingham Channel; Territorial Sea Boundary; thence Padilla Bay and southern Bellingham northward along the U.S. Territorial Bay (Samish Bay) south of latitude Sea Boundary to its intersection with 48°38.42′N. the U.S./Canada International Bound- NOTE: The center of precautionary area ary; thence east along the U.S./Canada ‘‘RB’’ is not marked by a buoy. All pre- International Boundary through the cautionary areas are depicted on National waters known as the Strait of Juan de Oceanic and Atmospheric Administration Fuca, Haro Strait, Boundary Pass, and (NOAA) nautical charts. 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 Eastern San Juan Island Archi- cludes: Puget Sound, Hood Canal, Pos- pelago VTS Special Area: 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

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crossing astern) of a vessel of 40,000 Arm, Valdez Narrows, and Port Valdez dead weight tons or more; or northeast of a line bearing 307° True (ii) A vessel of 40,000 dead weight tons from Tongue Point at 61°02′06″ 146°40′ or more to meet or overtake; or cross W.; and southwest of a line bearing 307° or operate within 2,000 yards (except True from Entrance Island Light at when crossing astern) of a vessel of 100 61°05′06″ N., 146°36′42″ W. meters or more in length. (d) Additional VTS Special Area Op- (d) Reporting Point. Inbound vessels erating Requirements. The following in the Strait of Juan de Fuca upon additional requirements are applicable crossing 124–W. in the Valdez Narrows VTS Special [CGD 90–020, 59 FR 36324, July 15, 1994, as Area: amended by USCG–1998–3799, 63 FR 35531, (1) No VMRS User shall proceed June 30, 1998; USCG–2011–1024, 78 FR 51671, north of 61° N. without prior approval Aug. 21, 2013] of the VTS. (2) For a vessel listed in paragraph § 161.60 Vessel Traffic Service Prince William Sound. (c)(3) of this section— (i) Approval to enter this area will (a) The VTS area consists of the nav- not be granted to a vessel when a tank igable waters of the United States vessel of more than 20,000 deadweight north of a line drawn from Cape tons is navigating therein; Hinchinbrook Light to Schooner Rock (ii) A northbound vessel shall remain Light, comprising that portion of south of 61° N. until the VTS has grant- Prince William Sound between 146°30′ ed permission to proceed; and W. and 147°20′ W. and includes Valdez Arm, Valdez Narrows and Port Valdez. (iii) A southbound vessel shall re- ° ′ (b) The Valdez Arm VTS Special Area main in Port Valdez east of 146 35 W. ° ′ consists of the waters of the Valdez and north of 61 06 N. until the VTS has Arm Traffic Separation Scheme (de- granted permission to proceed. scribed in § 167.1703 of this chapter); the (3) Paragraph (c)(2) of this section ap- waters northeast of a line drawn from plies to— shoreline to shoreline through the (i) A vessel of 1600 gross tons or more; points 60°58.04′ N, 146°46.52′ W and and 60°58.93′ N, 146°48.86′ W; and southwest (ii) A towing vessel of 8 meters or of a line bearing 307° True from Tongue more in length, except for a vessel per- Point at 61°02.10′ N, 146°40.00′ W. forming duties as an escort vessel as (c) The Valdez Narrows VTS Special defined in 33 CFR Part 168. Area consists of those waters of Valdez (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 at 254.5 miles Above Head of Passes Mississippi River. (AHP)), the Southwest Pass, and those (a) The Vessel Traffic Service (VTS) within a 12-nautical mile radius around ° ′ ° ′ area consists of navigable waters of the 28 54.3 N 89 25.7 W (Southwest Pass En- Lower Mississippi River (LMR) below trance Light at 20.1 miles Below Head 30°38.7′ N 91°17.5′ W (Port Hudson Light of Passes).

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(b) The Algiers Point VTS Special (1) Prior to proceeding upriver past Area consists of the navigable waters 167.5 miles AHP, Sunshine Bridge, ves- of the LMR bounded on the north by a sels must contact VTS New Orleans on line drawn from 29°57.62′ N 90°02.61′ W to VHF Channel 5A to check-in. Vessels 29°57.34′ N 90°02.60′ W and on the south must provide name and destination, by a line drawn from 29°56.89′ N 90°03.72′ confirm proper operation of their auto- W to 29°56.93′ N 90°03.34′ W (95.0 and 93.5 mated identification system (AIS) if miles AHP) during periods of high required under 33 CFR 164.46, and, if ap- water—that is, when the Carrolton plicable, size of tow and number of Gage reads 8.0 feet or above on a rising loaded and empty barges. At 173.7 miles stage or 9.0 feet or above on a falling AHP, Bringier Point Light, ascending stage, or under any other water condi- vessels must contact VTS New Orleans tions the Captain of the Port (COTP) and provide a follow-on position check. deems necessary. At both check-in and follow-on posi- (c) Additional Algiers Point VTS Special tion check, VTS New Orleans will ad- Area Operating Requirements. The fol- vise the vessel on traffic approaching lowing additional requirements are ap- Eighty-one Mile Point. plicable in the Algiers Point VTS Spe- (2) Prior to proceeding downriver cial Area: past 187.9 miles AHP COS–MAR Lights, (1) A vessel movement reporting sys- vessels must contact VTS New Orleans tem (VMRS) user must abide by the on VHF Channel 5A to check-in. Ves- signals of the Governor Nicholls Street sels must provide name and destina- Wharf, 29°57.6′ N 90°03.4′ W, and Gretna, tion, confirm proper operation of their 29°55.5′ N 90°03.7′ W, Control Lights (94.3 AIS if required under 33 CFR 164.46, and 96.6 miles AHP, respectively) in the and, if applicable, size of tow and num- following manner: ber of loaded and empty barges. At (i) Green Light—May proceed as in- 183.9 miles AHP, Wyandotte Chemical tended. Dock Lights, descending vessels must (ii) Red Light—Do not proceed, unless contact VTS New Orleans and provide otherwise directed by the VTS. a follow-on position check. At both (iii) No Light—Do not proceed, imme- check-in and follow-on position check, diately notify VTS and await further VTS New Orleans will advise the vessel directions. on traffic approaching Eighty-one Mile Point. NOTE TO § 161.65(c)(1): To provide advance (3) All vessels getting underway be- notification to downbound vessels, a traffic tween miles 167.5 and 187.9 AHP must repeater signal of Gretna Light is located at check-in with VTS New Orleans on Westwego, LA, 29°54.8′ N; 90°08.3′ W (101.4 miles AHP). VHF Channel 5A immediately prior to getting underway and must comply (2) A vessel awaiting a signal change with the respective ascending and de- or VTS directions must keep clear of scending check-in and follow-on points other vessels transiting the area. listed in paragraphs (e)(1) and (2) of (d) The Eighty-one Mile Point VTS this section. Special Area consists of navigable (4) Fleet vessels must checkin with waters of the LMR between 167.5 miles VTS New Orleans if they leave their re- AHP and 187.9 miles AHP. spective fleet or if they move into the (e) Additional Eighty-one Mile Point main channel. Fleet vessels are not re- VTS Special Area Operating Require- quired to checkin if they are operating ments. The following additional re- exclusively within their fleet. quirements are applicable in the (f) Reporting Points. Table 161.65(f) Eighty-one Mile Point VTS Special lists the VTS Lower Mississippi River Area: 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.

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

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

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]

§ 161.70 Vessel Traffic Service Port Ar- 30°10′ N. latitude to the origination thur. point.

(a) The VTS area consists of the nav- NOTE: Although mandatory participation igable waters of the United States to in VTS Port Arthur is limited to the area the limits of the territorial seas bound within the navigable waters of the United by the following points: 30°10.00′ N., States, prospective users are encouraged to 92°37.00′ W.; then south to 29°10.00′ N., report at the safe water marks in order to fa- 92°37.00′ W.; then west to 29°10.00′ N., cilitate vessel traffic management in the 93°52.25′ W.; then northwest to 29°33.70′ VTS Area and to receive advisories or navi- N., 94°21.25′ W.; then north to 30°10.00′ gational assistance. N., 94°21.25′ W.; then east along the (b) Precautionary areas.

TABLE 161.70(b)—VTS PORT ARTHUR PRECAUTIONARY AREAS

Center point Center point Precautionary area name Radius latitude longitude

Petco Bend (1) ...... 2000 yds 30°00.80′ N. 93°57.60′ W. Black Bayou (1) ...... 2000 yds 30°00.00′ N. 93°46.20′ W. Orange Cut (1) ...... 2000 yds 30°03.25′ N. 93°43.20′ W. Neches River Intersection (1) ...... 2000 yds 29°58.10′ N. 93°51.25′ W. Texaco Island Intersection (1) ...... 2000 yds 29°49.40′ N. 94°57.55′ W.

Sabine-Neches Waterway ...... N/A All waters of the Sabine-Neches Waterway between the Texaco Island Precautionary Area and the Humble Island Precautionary Area. 1 Precautionary Area encompasses a circular area of the radius denoted around the center point with the exception of the Sabine-Neches Waterway.

TABLE 161.70(c)—INBOUND

Latitude/ Designator Geographic name Geographic description longitude Notes

1 ...... Sabine Bank Channel ‘‘SB’’ Sabine Bank Sea Buoy ...... 29°25.00′ N. Sailing Plan Re- Buoy. 93°40.00′ W. port 2 ...... Sabine Pass Buoys ‘‘29/30’’ ...... Sabine Pass Buoys ‘‘29/30’’ ...... 29°35.90′ N. 93°48.20′ W. 3 ...... Port Arthur Canal Light ‘‘43’’ ...... Keith Lake ...... 29°46.50′ N. 93°56.47′ W. 4 ...... North Forty GIWW Mile 279 ...... North Forty ...... 29°56.40′ N. 93°52.10′ W. 5 ...... FINA Highline Neches River FINA Highline ...... 29°59.10′ N. Light ‘‘19’’. 93°54.30′ W. 6 ...... Ready Reserve Fleet Highline ... Channel at Cove Mid-Point ...... 30°00.80′ N. 93°59.90′ W. 7 ...... Sabine River MM 268 ...... 268 Highline ...... 30°02.20′ N. 93°44.30′ W.

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(d) Reporting points (Outbound).

TABLE 161.70(d)—OUTBOUND

Latitude/ Designator Geographic name Geographic description longitude Notes

1 ...... Sabine River Light ‘‘2’’ ...... Black Bayou ...... 30°00.00′ N. 93°46.25′ W. 2 ...... Ready Reserve Fleet Highline ... Channel at Cove Mid-Point ...... 30°00.80′ N. 93°59.90′ W. 3 ...... FINA Highline Neches River FINA Highline ...... 29°59.09′ N. Light ‘‘19’’. 93°54.30′ W. 4 ...... GIWW Mile 285 ...... The School House ...... 29°52.70′ N. Sector Shift 93°55.55′ W. 5 ...... Port Arthur Canal Light ‘‘43’’ ...... Keith Lake ...... 29°46.50′ N. 93°56.47′ W. 6 ...... Sabine Pass Buoys ‘‘29/30’’ ...... Sabine Pass Buoys ‘‘29/30’’ ...... 29°35.90′ N. 93°48.20′ W. 7 ...... Sabine Bank Channel ‘‘SB’’ Sabine Bank Sea Buoy ...... 29°25.00′ N. Final Report Buoy. 93°40.00′ W.

(e) Reporting points (Eastbound).

TABLE 161.70(e)—EASTBOUND (ICW)

Latitude/ Designator Geographic name Geographic description longitude Notes

1 ...... GIWW Mile 295 ...... ICW MM 295 ...... 29°47.25′ N. Sailing Plan Re- 94°01.10′ W. port. 2 ...... North Forty GIWW Mile 279 ...... North Forty ...... 29°56.40′ N. 93°52.10′ W. 3 ...... Sabine River MM 268 ...... 268 Highline ...... 30°02.20′ N. 93°44.30′ W. 4 ...... GIWW Mile 260 ...... 260 Highline ...... 30°03.50′ N. Final Report. 93°37.50′ W.

(f) Reporting points (Westbound).

TABLE 161.70(f)—WESTBOUND (ICW)

Latitude/ Designator Geographic name Geographic description longitude Notes

1 ...... GIWW Mile 260 ...... 260 Highline ...... 30°03.50′ N. Sailing Plan Re- 93°37.50′ W. port. 2 ...... Sabine River Light ‘‘2’’ ...... Black Bayou ...... 30°00.03′ N. 93°46.18′ W. 3 ...... GIWW Mile 285 ...... The School House ...... 29°52.71′ N. Sector Shift. 93°55.55′ W. 4 ...... GIWW Mile 295 ...... ICW MM 295 ...... 29°46.20′ N. Final Report. 94°02.60′ W.

(g) Reporting points (Offshore Safety Fairway).

TABLE 161.70(g)—OFFSHORE SAFETY FAIRWAY

Latitude/ Designator Geographic name Geographic description longitude Notes

1 ...... Sabine Pass Safety Fairway— East Dogleg ...... 29°35.00′ N. East. 93°28.00′ W. 2 ...... Sabine Pass Safety Fairway— West Dogleg ...... 29°28.00′ N. West. 93°58.00′ W.

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[78 FR 51671, Aug. 21, 2013] 162.160 Vermilion, Lorain, Cleveland, Fairport, Ashtabula, and Conneaut Har- bors, Ohio. PART 162—INLAND WATERWAYS 162.165 Buffalo and Rochester Harbors, New NAVIGATION REGULATIONS York. 162.175 Black Rock Canal and Lock at Buf- Sec. falo, New York. 162.1 General. 162.195 Santa Monica Bay, Calif.; restricted 162.5 Definitions. area. 162.15 Manhasset Bay, N.Y.; seaplane re- 162.200 Marina del Ray, Calif.; restricted stricted area. area. 162.20 Flushing Bay near La Guardia Air- 162.205 Suisun Bay, San Joaquin River Sac- port, Flushing, N.Y.; restricted area. ramento River, and connecting waters, 162.30 Channel of Tuckerton Creek, N.J.; CA. navigation. 162.210 Lake Tahoe, Calif.; restricted areas 162.35 Channel of Christina River, Del.; along south shore. navigation. 162.215 Lake Tahoe, Nev.; restricted area 162.40 Inland waterway from Delaware adjacent to Nevada Beach. River to Chesapeake Bay, Del. and Md. 162.220 Hoover Dam, Lake Mead, and Lake Mohave (Colorado River), Ariz.-Nev. (Chesapeake and Delaware Canal). 162.225 Columbia and Willamette Rivers, 162.65 All waterways tributary to the Atlan- Washington and Oregon; administration tic Ocean south of Chesapeake Bay and and navigation. all waterways tributary to the Gulf of 162.230 Columbia River, Wash. Mexico east and south of St. Marks, Fla. 162.235 Puget Sound Area, Wash. 162.75 All waterways tributary to the Gulf 162.240 Tongass Narrows, Alaska; naviga- of Mexico (except the Mississippi River, tion. its tributaries, South and Southwest 162.245 Kenai River, Kenai, Alaska; use, ad- Passes and the Atchafalaya River) from ministration, and navigation. St. Marks, Fla., to the Rio Grande. 162.250 Port Alexander, Alaska; speed of 162.80 Mississippi River below mouth of vessels. Ohio River, including South and South- 162.255 Wrangell Narrows, Alaska; use, ad- west Passes. ministration, and navigation. 162.85 Yazoo Diversion Canal, Vicksburg, 162.260 Channel leading to San Juan Harbor, Miss., from its mouth at Kleinston Land- P.R.; use, administration, and naviga- ing to Fisher Street; navigation. tion. 162.90 White River, Arkansas Post Canal, 162.270 Restricted areas in vicinity of Mari- Arkansas River, and Verdigris River be- time Administration Reserve Fleets. tween Mississippi River, Ark., and 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. SOURCE: CGD 75–082, 42 FR 51759, Sept. 29, 162.105 Missouri River; administration and 1977, unless otherwise noted. navigation. 162.110 Duluth-Superior Harbor, Minnesota § 162.1 General. and Wisconsin. Geographic coordinates expressed in 162.115 Keweenaw Waterway, Mich. 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. or charts whose referenced horizontal 162.125 Sturgeon Bay and the Sturgeon Bay datum is the North American Datum of Ship Canal, Wisc. 1983 (NAD 83), unless such geographic 162.130 Connecting waters from Lake Huron coordinates are expressly labeled NAD to Lake Erie; general rules. 83. Geographic coordinates without the 162.132 Connecting waters from Lake Huron NAD 83 reference may be plotted on to Lake Erie; communications rules. maps or charts referenced to NAD 83 162.134 Connecting waters from Lake Huron only after application of the appro- to Lake Erie; traffic rules. 162.136 Connecting waters from Lake Huron priate corrections that are published to Lake Erie; anchorage grounds. on the particular map or chart being 162.138 Connecting waters from Lake Huron used. to Lake Erie; speed rules. [CGD 86–082, 52 FR 33811, Sept. 8, 1987] 162.140 Connecting waters from Lake Huron to Lake Erie; miscellaneous rules. § 162.5 Definitions. 162.145 Monroe Harbor, Mich. 162.150 Maumee Bay and River, Ohio. The following definition applies to 162.155 Sandusky and Huron Harbors, Ohio. this part:

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Merchant mariner credential or MMC through the area whenever visibility is means the credential issued by the less than one mile. Coast Guard under 46 CFR part 10. It combines the individual merchant [CGD 75–082, 42 FR 51759, Sept. 29, 1977, as amended by USCG–2011–0257, 76 FR 31838, mariner’s document, license, and cer- June 2, 2011] tificate of registry enumerated in 46 U.S.C. subtitle II part E as well as the § 162.30 Channel of Tuckerton Creek, STCW endorsement into a single cre- N.J.; navigation. dential that serves as the mariner’s (a) Power boats or other vessels pro- qualification document, certificate of pelled by machinery shall not proceed identification, and certificate of service. at any time within the limits of these waters at a greater speed than 8 stat- [USCG–2006–24371, 74 FR 11212, Mar. 16, 2009] ute miles per hour.

§ 162.15 Manhasset Bay, N.Y.; seaplane § 162.35 Channel of Christina River, restricted area. Del.; navigation. (a) The restricted area. An area in (a) That vessels of over 20 tons capac- Manhasset Bay between the shore at ity, propelled by machinery, shall not Manorhaven on the north and the proceed at any time within the limits southerly limit line of the special an- of these waters at a greater speed than chorage area in Manhasset Bay, west 8 statute miles per hour. area at Manorhaven (described in § 110.60 of this chapter), on the south; § 162.40 Inland waterway from Dela- its axis being a line bearing 166°50′ true ware River to Chesapeake Bay, Del. from latitude 40°50′17.337 N, longitude and Md. (Chesapeake and Delaware 73°43′03.877 W, which point is on the Canal). south side of Orchard Beach Boulevard (a) Applicability. The regulations in at Manorhaven; and being 100 feet wide this section are applicable to that part for a distance of 380 feet in a southerly of the inland waterway from Delaware direction from the south side of Or- River to Chesapeake Bay, Del. and Md., chard Beach Boulevard, and thence between Reedy Point, Delaware River, flaring to a width of 300 feet at the and Old Town Point Wharf, Elk River. southerly limit line. (b) Speed. No vessel in the waterway (b) The regulations. (1) Vessels shall shall be raced or crowded alongside an- not anchor or moor within the re- other vessel. Vessels of all types, in- stricted area. cluding pleasure craft, are required to (2) All vessels traversing the area travel at all times at a safe speed shall pass directly through without un- throughout the canal and its ap- necessary delay, and shall give sea- proaches so as to avoid damage by suc- planes the right-of-way at all times. tion 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,

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with moorings and lines which are suf- to permit free and unobstructed navi- ficient and proper. gation by all types of vessels and rafts (c) Right-of-way. All vessels pro- that normally use the various water- ceeding with the current shall have the ways or sections thereof. The District right-of-way over those proceeding Commander may specify the width of against the current. Large vessels or the fairway required in the various wa- tows must not overtake and attempt to terways under his charge. pass other large vessels or tows in the (2) Stoppage in waterway, anchorage or waterway. All small pleasure craft mooring. (i) No vessels or rafts shall an- shall relinquish the right-of-way to chor or moor in any of the land cuts or deeper draft vessels, which have a lim- other narrow parts of the waterway, ited maneuvering ability due to their except in case of an emergency. When- draft and size. ever it becomes necessary for a vessel (d) Stopping in waterway. Vessels will or raft to stop in any such portions of not be permitted to stop or anchor in the waterway it shall be securely fas- the ship channel. tened to one bank and as close to the (e) Water skiing. Water skiing in the bank as possible. This shall be done waterway is prohibited between Reedy only at such a place and under such Point and Welch Point. conditions as will not obstruct or pre- (f) Sailboats. Transiting the canal by vent the passage of other vessels or vessels under sail is not permitted be- craft. Stoppages shall be only for such tween Reedy Point and Welch Point. periods as may be necessary. 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 § 162.65 All waterways tributary to the authorized above without the written 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.

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(viii) Except in cases of emergency the bridge in small units, or singly if the dropping of anchors, weights, or necessary, or the tow will wait until other ground tackle, within areas occu- navigation conditions have improved pied by submarine cable or pipe cross- to such an extent that the tow can pass ings, is prohibited. Such crossings will through the bridge without damage. ordinarily be marked by signboards on (5) Projections from vessels. No vessel each bank of the shore or indicated on carrying a deck load which overhangs coast charts. or projects over the side of said vessel, (3) Speed. (i) Vessels shall proceed at or whose rigging projects over the side a speed which will not endanger other of the vessel so as to endanger passing vessels or structures and will not inter- vessels, wharves or other property, will fere with any work in progress incident enter or pass through any of the nar- to maintaining, improving, surveying row parts of the waterway. or marking the channel. (6) Meeting and passing. Vessels, on (ii) Official signs indicating limiting meeting or overtaking, shall give the speeds through critical portions of the proper signals and pass in accordance waterways shall be strictly obeyed. with the Navigation Rules, Inter- (iii) Vessels approaching and passing national-Inland, Commandant Instruc- through a bridge shall so govern their tion M16672.2 (series). Rafts shall give speed as to insure passage through the to vessels the side demanded by proper bridge without damage to the bridge or signal. All vessels approaching dredges its fenders. or other plant engaged on improve- (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, 1994; USCG–2000–7223, 65 FR 40058, June 29, may require the installation of a rud- 2000] der, drag or other approved steering device 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.

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(3) Vessels. The term ‘‘vessels’’ as Vessels shall reduce speed sufficiently used in this section includes all float- to prevent damage when passing other ing craft other than rafts. vessels or structures in or along the (b) Waterways: waterway. (1) A clear channel shall at all times (5) Size, assembly, and handling of be left open to permit free and unob- tows: structed navigation by all types of ves- (i) On waterways 150 feet wide or less, sels and tows normally using the var- tows which are longer than 1,180 feet, ious waterways covered by the regula- including the towing vessel, but ex- tions of this section cluding the length of the hawser, or (2) Fairway: The District Commander wider than one-half of the bottom may specify the width of the fairway width of the channel or 55 feet, which- required in the various waterways ever is less will not be allowed, except under his charge. when the District Commander has (3) Anchoring or mooring: given special permission or the water- (i) Vessels or tows shall not anchor way has been exempted from these re- or moor in any of the land cuts or strictions by the District Commander. other narrow parts of the waterway, Before entering any narrow section of except in an emergency, or with per- the Gulf Intracoastal Waterway, tows mission of the District Commander. in excess of one-half the channel width, Whenever it becomes necessary for a or 55 feet, will be required to stand by 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) feet will be allowed. of this section) at least one crew mem- (v) All vessels pulling tows not ber shall always remain on board to see equipped with rudders in restricted that proper signals are displayed and channels and land cuts shall use two that the vessel or tow is properly towlines, or a bridle on one towline, moored at all times. shortened as much as safety of the tow- (v) No vessel, regardless of size, shall ing vessel permits, so as to have max- anchor in a dredged channel or narrow imum control at all times. The various portion of a waterway for the purpose parts of a tow shall be securely assem- of fishing if navigation is obstructed bled with the individual units con- thereby. nected by lines as short as practicable. (4) Speed: Speeding in narrow sec- In open water, the towlines and fas- tions is prohibited. Official signs indi- tenings between barges may be length- cating limited speeds shall be obeyed. ened so as to accommodate the wave

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surge. In the case of lengthy or cum- NOTE: The Corps of Engineers also has reg- bersome tows, or tows in restricted ulations dealing with this section in 33 CFR channels, the District Commander may 207. require that tows be broken up, and [CGD 75–082, 42 FR 51759, Sept. 29, 1977, as may require the installation of a rud- amended by CGD 78–050, 45 FR 43167, June 26, 1980; USCG–2000–7223, 65 FR 40058, June 29, der or other approved steering device 2000; USCG–2008–0179, 73 FR 35016, June 19, on the tow in order to avoid obstruct- 2008] ing navigation or damaging the property of others. Pushing barges with § 162.80 Mississippi River below mouth towing vessel astern, towing barges of Ohio River, including South and with towing vessel alongside, or push- Southwest passes. ing and pulling barges with units of the (a) Mooring on the Mississippi River be- tow made up both ahead and astern of tween miles 311.5 AHP and 340.0 AHP. (1) the towing vessel are permissible pro- No vessel or craft shall moor along ei- vided that adequate power is employed ther bank of the Mississippi River be- to keep the tows under full control at tween miles 311.5 AHP and mile 340.0 AHP except in case of an emergency, all times. No tow shall be drawn by a pursuant to an approved navigation vessel that has insufficient power or permit, or as authorized by the District crew to permit ready maneuverability Commander. Vessels may be moored and safe handling. any place outside the navigation chan- (vi) All tows navigating the Pass nel in this reach in case of an emer- Manchac bridges in Louisiana are lim- gency and then for only the minimum ited to no more than two barges, not to time required to terminate the emer- exceed a combined tow length of 400 gency. When so moored, all vessels feet (excluding the towboat). Vessel op- shall be securely tied with bow and erators for tows exceeding these limits stern lines of sufficient strength and must request and receive permission fastenings to withstand currents, from the COTP New Orleans prior to winds, wave action, suction from pass- navigating the bridges. Requests ing vessels or any other forces which should be made by telephoning the might cause the vessels to break their COTP at 504–846–5923. Any decision moorings. When vessels are so moored, made by the COTP is final agency ac- a guard shall be on board at all times tion. to ensure that proper signals are displayed and that the vessels are se- (6) Projections from vessels: Vessels curely and adequately moored. 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 survey boat in the vicinity any emer- posted on each side of the intersec- gency mooring or vessels drifting un- tions. controlled within the area described in paragraph (a)(1) of this section. It is

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the responsibility and duty of the mas- Arkansas River and Catoosa, Okla.; ter of a towing vessel releasing or and reservoirs on these waterways be- mooring a vessel in this reach of the tween Mississippi River Ark., and Mississippi River to report such action Catoosa, Okla. immediately. (2) Bridges, wharves and other struc- (b) Mooring on Mississippi River below tures. All bridges, wharves, and other Baton Rouge, La., including South and structures in or over the waterways de- Southwest Passes. (1) When tied up indi- scribed in paragraph (a)(1) of this sec- vidually or in fleets, vessels shall be tion. moored with sufficient lines and shore (3) Vessels and rafts. The term ‘‘ves- fastenings to insure their remaining in sels’’ as used in this section includes place and withstanding the action of every description of watercraft used, or winds, currents and the suction of pass- capable of being used, as a means of ing vessels. transportation on water, other than rafts. NOTE: The Corps of Engineers also has regulations dealing with this section in 33 CFR (b) Waterways: Part 207. (1) Fairway. A clear channel shall at 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. 1655(g)(1)(A); Sec. 12, 92 Stat. 1471, (33 U.S.C. types of vessels and rafts that nor- 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 and as close to the bank as possible. structure, works under construction, This shall be done only at such a place plant engaged in river and harbor im- and under such conditions as will not provement, levees, floodwalls with- obstruct or prevent the passage of standing floodwaters, buildings sub- other vessels or rafts. Stoppages shall merged or partially submerged by high be only for such periods as may be nec- waters, or any other structure or im- essary. provement likely to be damaged by col- (ii) Except temporarily, as authorized lision, suction, or wave action. in paragraph (b)(2)(i) of this section, no vessel or raft will be allowed to use any NOTE: The Corps of Engineers also has reg- portion of the fairway as a mooring ulations dealing with this section in 33 CFR Part 207. place without written permission from the District Commander. § 162.90 White River, Arkansas Post (iii) When tied up individually, all Canal, Arkansas River, and Verdi- vessels shall be moored by bow and gris River between Mississippi stern lines. Rafts and tows shall be se- River, Ark., and Catoosa, Okla.; use, cured at sufficiently close intervals to administration, and navigation. insure their not being drawn away (a) The regulations in this section from the bank by winds, currents, or shall apply to: the suction of passing vessels. Towlines (1) Waterways. White River between shall be shortened so that the different Mississippi River and Arkansas Post parts of the tow will be as close to- Canal, Ark.; Arkansas Post Canal, gether as possible. In narrow sections, Ark.; Arkansas River between Arkan- no vessel or raft shall be tied abreast of sas Post Canal, Ark., and Verdigris another if the combined width of ves- River, Okla.; Verdigris River between sels or rafts is greater than 70 feet.

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(iv) When a vessel is moored under an any other manner of structure or im- emergency condition, as provided in provements likely to be damaged by paragraph (b)(2)(i) of this section, at collision, suction, or wave action. least one crew member shall remain in (4) Assembly and handling of tows. (i) attendance to display proper lights and All vessels drawing tows not equipped signals and tend the mooring lines. The with rudders in restricted channels and crew member shall be provided with an land cuts shall use two towlines, or a adequate means of communication or bridle on one towline, shortened to the signalling a warning in the event that, greatest possible extent so as to have for any reason, the vessel or tow should maximum control at all times. The go adrift. Immediately after comple- various parts of a tow shall be securely tion of the emergency mooring, the assembled with the individual units 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 (5) Projections from vessels. No vessels to unattended, normally open auto- carrying a deck load which overhangs matic, movable span bridges, the factor or projects over the side, or whose rig- of river flow velocity, of vessel (and ging projects over the side, so as to en- tow) velocity, and of vessel power and danger passing vessels, wharves, or crew capability are never to be per- other property, shall enter or pass mitted to result in a condition whereby through any of the narrow parts of the the movement of vessel (and tow) can- waterway. not be completely halted or reversed (6) Meeting and passing. Vessels on within a 3-minute period. meeting or overtaking shall give the (iv) A vessel shall reduce its speed proper signals and pass in accordance sufficiently to prevent any damage with the Inland Rules and the Pilot when approaching another vessel in Rules for Inland Waters. Rafts shall motion or tied up, a wharf or other give to vessels the side demanded by structure, works under construction, proper signal. All vessels approaching plant engaged in river and harbor im- dredges or other plant engaged on improvement, levees withstanding flood- provements to a waterway shall give waters, buildings submerged or par- the signal for passing and slow down tially submerged by high waters, or sufficiently to stop if so ordered or if

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no answering signal is received. On re- § 162.105 Missouri River; administra- ceiving the answering signal, they tion and navigation. shall then pass at a speed sufficiently (a) Supervision. The District Com- slow to insure safe navigation. Vessels mander, Eighth Coast Guard District, approaching an intersection or bend has certain administrative supervision where the view is obstructed must ex- overreaches of the river within the lim- ercise due caution. At certain intersec- its of his district and is charged with tions where strong currents may be en- the enforcement under his direction of countered, sailing directions may be emergency regulations to govern navi- issued from time to time through navigation on the river. gation bulletins or signs posted on each (b) Navigation. During critical flood side of the intersections which must be stages on any particular limited reach observed. of the Missouri River when lives, float- NOTE: The Corps of Engineers also has reg- ing plant, or major shore installations ulations dealing with this section in 33 CFR and levees are endangered, the District Part 207. Commander in charge of the locality shall have the authority to declare the [CGD 75–082, 42 FR 51759, Sept. 29, 1977, as reach of the river closed to navigation amended by USCG–2008–0179, 73 FR 35016, June 19, 2008] or to prescribe temporary speed regulations whenever it appears to him that § 162.100 Ohio River at Louisville, KY. such action is necessary to prevent immediate human suffering or to miti- (a) Emergency Mooring Buoys. The gate major property damage or de- U.S. Army Corp of Engineers has estab- struction from wave action. The period lished four pairs of emergency mooring of closure and all speed regulations bouys. Each buoy is 10 feet in diameter prescribed by the District Commander with retro-reflective sides. The two shall be for the duration of the emer- buoys which comprise each pair are 585 gency as determined by the District feet apart and are located approxi- Commander and shall be terminated at mately at: the earliest practicable time that im- (1) Indiana Bank—Mile 582.3 (near 18 proved river conditions permit. Mile Island); [CGD 75–082, 42 FR 51759, Sept. 29, 1977, as (2) Six Mile Island—Mile 597.5; amended by USCG–1998–3799, 63 FR 35532, (3) Six Mile Island—Mile 598.2; and June 30, 1998] (4) Kentucky Bank—Mile 599.8 (Cox’s Park). § 162.110 Duluth-Superior Harbor, Minnesota and Wisconsin. NOTE: All buoys, except those at Six Mile Island—Mile 598.2, are removed between May (a) No vessel greater than 100 feet in 1 and September 30. Due to the close prox- length may exceed 8 miles per hour in imity of the municipal water intakes, moor- Duluth-Superior Harbor. ing of tank vessels laden with petroleum (b) In the Duluth Ship Canal: products or hazardous materials is not au- (1) No vessel may meet or overtake thorized on the Kentucky Bank, Mile 599.8 another vessel if each vessel is greater (Cox’s Park). than 150 feet in length (including tug (b) The regulations. A vessel must not and tow combinations). use the emergency mooring buoys that (2) An inbound vessel has the right of have been established by the U.S. way over an outbound vessel. Army Corps of Engineers, unless spe- [CGD 79–151, 46 FR 7960, Jan. 26, 1981] cifically authorized. The Captain of the Port, upon request, may authorize the § 162.115 Keweenaw Waterway, Mich. use of the emergency mooring buoys by No vessel greater than 40 feet in downbound towing vessels that are length may exceed 8 miles per hour be- awaiting Vessel Traffic Center ap- tween Lily Pond and Pilgrim Point. proval to proceed. [CGD 79–151, 46 FR 7960, Jan. 26, 1981, as [CGD 90–020, 59 FR 36333, July 15, 1994] amended by CGD 09–00–010, 65 FR 53595, Sept. 5, 2000]

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§ 162.117 St. Marys River, Sault Ste. (d) Traffic Rules. (1) A vessel must Marie, Michigan. proceed only in the established direc- (a) The area. The waters of the St. tion of traffic flow in the following Marys River and lower Whitefish Bay waters: from 45°57′ N. (De Tour Reef Light) to (i) West Neebish Channel from Buoy the south, to 46°38.7′ N. (Ile Parisienne ‘‘53’’ to Buoy ‘‘1’’—downbound traffic Light) to the north, except the waters only; of the St. Marys Falls Canal, and to (ii) Pipe Island Course from Sweets the east along a line from La Pointe to Point to Watson Reefs Light- Sims Point, within Potagannissing Bay downbound traffic only. and Worsley Bay. (iii) Middle Neebish Channel from (b) Definitions. As used in this sec- Buoy ‘‘2’’ to Buoy ‘‘76’’—upbound traf- tion: fic only; and Two-way route means a directional (iv) Pipe Island Passage to the east of route within defined limits inside Pipe Island Shoal and north of Pipe Is- 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 (e) Winter Navigation. During the win- closure of a channel or an impediment ter navigation season, the following to navigation shall get underway and waterways are normally closed: depart in the order in which they ar- (1) West Neebish Channel, from Buoy rived, unless otherwise directed by Ves- ‘‘53’’ to Buoy ‘‘1’’; sel Traffic Service St. Marys River. (2) Pipe Island Passage to the east of Vessel Traffic Service St. Marys River Pipe Island Shoal; and may advance any vessel in the order of (3) North of Pipe Island Twins, from departure to expedite the movement of Watson Reef Light to Sweets Point. mails, passengers, cargo of a perishable (f) Alternate Winter Navigation Routes. nature, to facilitate passage of vessels (1) When West Neebish Channel is through any channel by reason of spe- closed, Middle Neebish Channel (from cial circumstance, or to facilitate pas- Buoy ‘‘2’’ to Buoy ‘‘76’’) will be open ei- sage through the St. Marys Falls ther as a two-way route or an alter- Canal. nating one way traffic lane.

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(i) When Middle Neebish Channel is a TABLE 162.117(g)—ST. MARYS RIVER SPEED two-way route: RULES—Continued (A) An upbound vessel must use the easterly 197 feet of the channel. How- Maximum speed limit between Mph Kts ever, a vessel of draft 20 feet or more Upper limit of the St. Marys Falls Canal must not proceed prior to Vessel Traf- and Point Aux Pins Main Light ...... 12 10.4 fic Center approval; and Note: A vessel must not navigate any dredged channel at a (B) A downbound vessel must use the speed of less than 5 statute miles per hour (4.3 knots). westerly 295 feet of the channel. (2) Temporary speed limit regula- (ii) When Middle Neebish Channel is tions may be established by Com- an alternating one-way traffic lane. A manding Officer Vessel Traffic Service vessel must use the westerly 295 feet of St. Marys River. Notice of the tem- the channel in the established direc- porary speed limits and their effective tion of traffic flow. dates and termination are published in (2) When Pipe Island Passage is the FEDERAL REGISTER and Local No- closed, Pipe Island Course is a two-way tice to Mariners. These temporary route. speed limits, if imposed, will normally be placed in effect and terminated dur- NOTE: The Vessel Traffic Service closes or ing the winter navigation season. opens these channels as ice conditions re- (h) Towing Requirement. A towing ves- quire after giving due consideration to the sel must: (1) Maintain positive control protection of the marine environment, waterway improvements, aids to navigation, of its tow south of Gros Cap Reef Light; the need for cross channel traffic (e.g., fer- (2) Not impede the passage of any ries), the availability of icebreakers, and the other vessel; safety of the island residents who, in the (3) Not tow a vessel of 200 feet or less course of their daily business, must use nat- in length with a tow line longer than urally formed ice bridges for transportation 250 feet; and to and from the mainland. Under normal sea- (4) Not tow a vessel of 200 feet or sonal conditions, only one closing each win- more in length with a tow line longer ter and one opening each spring are antici- than the length of the towed vessel pated. Prior to closing or opening these plus 50 feet. channels, interested parties including both shipping entities and island residents, will be [CGD 90–020, 59 FR 36333, July 15, 1994, as given at least 72 hours notice by the Coast amended by CGD 95–033, 60 FR 28333, May 31, Guard. 1995; USCG–1998–3799, 63 FR 35532, June 30, 1998; USCG–2003–15404, 68 FR 37741, June 25, (g) Speed Rules. (1) The following 2003] speed limits indicate speed over the ground. Vessels must adhere to the fol- § 162.120 Harbors on Lake Michigan. lowing speed limits: (a) No vessel greater than 40 feet in length may exceed 8 miles per hour in TABLE 162.117(g)—ST. MARYS RIVER SPEED the harbors of Michigan City, Indiana; RULES St. Joseph, South Haven, Saugatuck, Maximum speed limit between Mph Kts Holland (Lake Macatawa), Grand Haven, Muskegon, White Lake, De Tour Reef Light and Sweets Point Pentwater, Ludington, Manistee, Por- Light ...... 14 12.2 Round Island Light and Point Aux Frenes tage Lake (Manistee County), Frank- Light ‘‘21’’ ...... 14 12.2 fort, Charlevoix, and Petoskey, Michi- Munuscong Lake Lighted Buoy ‘‘8’’ and gan. Everens Point ...... 12 10.4 (b) No vessel greater than 40 feet in Everens Point and Reed Point ...... 9 7.8 Reed Point and Lake Nicolet Lighted length may exceed 4 miles per hour in Buoy ‘‘62’’ ...... 10 8.7 the harbors of Menominee, Michigan Lake Nicolet Lighted Buoy ‘‘62’’ and Lake and Wisconsin; Algoma, Kewaunee, Nicolet Light ‘‘80’’ ...... 12 10.4 Two Rivers, Manitowac, Sheboygan, Lake Nicolet Light ‘‘80’’ and Winter Point (West Neebish Channel) ...... 10 8.7 Port Washington, Milwaukee, Racine, Lake Nicolet Light ‘‘80’’ and Six Mile Point Kenosha and Green Bay, Wisconsin; Range Rear Light ...... 10 8.7 and Waukegan, Illinois. Six Mile Point Range Rear Light and lower limit of the St. Marys Falls Canal [CGD 79–151, 46 FR 7960, Jan. 26, 1981, as Upbound ...... 8 7.0 amended by USCG–2012–0306, 77 FR 37315, Downbound ...... 10 8.7 June 21, 2012]

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§ 162.125 Sturgeon Bay and the Stur- (b) Applicability. (1) Unless otherwise geon Bay Ship Canal, Wisc. specified, the rules in §§ 162.130 through (a) In the Sturgeon Bay Ship Canal: 162.140 apply to all U.S. vessels and all other vessels in U.S. waters. (1) No vessel may exceed 5 miles per hour. (2) The speed rules in § 162.138 apply to vessels 20 meters or more in length. (2) No vessel greater than 150 feet in length (including tug and tow combina- (3) The communication rules in tions) may come about. § 162.132, the traffic rules in § 162.134, except for § 162.134(c)(2), and the anchor- (3) No vessel 65 feet or greater in age rules in § 162.136 apply to the fol- length (including tug and tow combina- lowing vessels: tions) may either: (i) Vessels of 20 meters or more in (i) Enter or pass through the canal length; two or more abreast; or (ii) Commercial vessels more than 8 (ii) Overtake another vessel. meters in length engaged in towing an- (4) No vessel may anchor or moor un- other vessel astern, alongside, or by less given permission to do so by the pushing ahead; and Captain of the Port. (iii) Each dredge and floating plant. (5) Each vessel must keep to the center, except when meeting or overtaking (4) The traffic rules contained in another vessel. § 162.134(c)(2) apply to the following vessels: (b) In Sturgeon Bay and the Sturgeon Bay Ship Canal: (i) Sailing vessels of 20 meters or more in length; (1) Each laden vessel under tow must be towed with at least two towlines. (ii) Power driven vessels of 55 meters Each towline must be shortened to the or more in length; extent necessary to provide maximum (iii) Vessels engaged in towing an- control of the tow. other vessel astern, alongside or by (2) Each unladen vessel may be towed pushing ahead; and with one towline. (iv) Each dredge and floating plant. (3) No towline may exceed 100 feet in (c) Definitions. As used in §§ 162.130 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 reg- the lakeward limits of the improved ulations dealing with these areas in 33 CFR navigation channels at the head of Part 207. Lake Erie. [CGD 79–151, 46 FR 7960, Jan. 26, 1981] District Commander means Com- mander, Ninth Coast Guard District, § 162.130 Connecting waters from Lake Cleveland, Ohio. Huron to Lake Erie; general rules. Master means the master or operator, (a) Purpose. The regulations in the person designated by the master or §§ 162.130 through 162.140 prescribe rules operator to navigate the vessel, or, on for vessel operation in U.S. waters con- a vessel not requiring persons holding necting Lake Huron to Lake Erie (in- licenses or merchant mariner creden- cluding the River Rouge) to prevent tial officer endorsements, the person in collisions and groundings, to protect command of the vessel. waterway improvements, and to pro- River Rouge means the waters of the tect these waters from environmental Short Cut Canal and the River Rouge harm resulting from collisions and from Detroit Edison Cell Light 1 to the groundings. head of navigation. St. Clair River means the connecting NOTE: The Canadian Government has issued similar regulations which apply in the waters from the lakeward limit of the Canadian portion of the waterway. Provi- improved navigation channel at the sions which apply only in Canadian waters lower end of Lake Huron to St. Clair are noted throughout the text. Flats Canal Light 2.

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SARNIA TRAFFIC means the Cana- (e) Permanent reporting points. The dian Coast Guard traffic center at master of each vessel to which this sec- Sarnia Ontario. tion applies shall report as required by (d) Laws and regulations not affected. paragraph (d) of this section at the lo- The regulations in §§ 162.130 through cation indicated in Table I. 162.140 do not relieve the owners or operators of vessels from complying with TABLE I any other laws or regulations relating Downbound Upbound to navigation on the Great Lakes and vessels Reporting points vessels their connecting or tributary waters. (e) Delegations. The District Com- Report ...... 30 Minutes North of Lake Huron Cut. mander, in coordination with appro- Lighted Horn Buoy ‘‘11’’ priate Canadian officials, may make Report ...... Lake Huron Cut Light ‘‘7’’ local arrangements that do not conflict Lake Huron Cut Lighted Buoy Report. with these regulations in the interest ‘‘1’’. of safety of operations, to facilitate Report ...... St. Clair/Black River Junction Report. Light. traffic movement and anchorage, to Stag Island Upper Light ...... Report. avoid disputes as to jurisdiction and to Report ...... Marine City Salt Dock Light ... Report. take necessary action to render assist- Report ...... Grande Pointe Light ‘‘23’’ ance in emergencies. This authority St. Clair Flats Canal Light ‘‘2’’ Report. may be redelegated. Report ...... Lake St. Clair Light ...... Report. Report ...... Belle Isle Light [CGD 78–151, 49 FR 18301, Apr. 30, 1984; 49 FR Report ...... Grassy Island Light ...... Report. 26722, June 29, 1984, as amended by CGD 85– Report ...... Detroit River Light ...... Report. 060, 51 FR 17016, May 8, 1986; CGD 93–024, 58 FR 59365, Nov. 9, 1993; USCG–2006–24371, 74 FR (f) Additional traffic reports. (1) A re- 11213, Mar. 16, 2009] port shall be made upon leaving any dock, mooring, or anchorage, in the § 162.132 Connecting waters from Lake Detroit River, Lake St. Clair, and the Huron to Lake Erie; communications rules. St. Clair River except for— (i) Ferries on regular runs; and (a) Radio listening watch. The master (ii) Vessels in the River Rouge. of each vessel required to comply with (2) A report shall be made before ma- this section shall continuously mon- neuvering to come about. itor: (3) A report shall be made— (1) Channel 11 (156.55 mhz) between 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 [CGD 78–151, 49 FR 18301, Apr. 30, 1984; 49 FR the vessel, location, intended course of 26722, June 29, 1984, as amended by CGD 85– action, and ETA at next reporting 060, 51 FR 17016, May 8, 1986; CGD 85-060, 51 point. FR 37274, Oct. 21, 1986]

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§ 162.134 Connecting waters from Lake porary traffic rules for reasons which Huron to Lake Erie; traffic rules. include but are not limited to: channel (a) Detroit River. The following traffic obstructions, winter navigation, un- rules apply in the Detroit River: usual weather conditions, or unusual (1) The West Outer Channel is re- water levels. stricted to downbound vessels. (e) The requirements of this section (2) The Livingston Channel, west of do not apply to public vessels of the Bois Blanc Island, is restricted to U.S. or Canada engaged in icebreaking downbound vessels. or servicing aids to navigation or to vessels engaged in river and harbor im- NOTE: The Amherstburg Channel, in Cana- dian waters east of Bois Blanc Island, is nor- provement work. mally restricted to upbound vessels. No ves- (f) The prohibitions in this section on sel may proceed downbound in the overtaking in certain areas do not Amherstburg Channel without authorization apply to vessels operating in the non- from the Regional Director General. displacement mode. In this section, (3) Between Fighting Island Channel ‘‘nondisplacement mode’’ means a South Light and Bar Point Pier Light mode of operation in which the vessel 29D, no vessels shall meet or overtake is supported by hydrodynamic forces, 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, Port Huron Traffic Lighted Buoy. 1986] Upbound vessels awaiting transit of downbound vessels will maintain posi- § 162.138 Connecting waters from Lake 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;

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(ii) 12 statute miles per hour (10.4 § 162.140 Connecting waters from Lake knots) between Peche Island Light and Huron to Lake Erie; miscellaneous D33 stationary light in the Detroit rules. River entrance; and (a) Rules for towing vessels. (1) A tow- (iii) 4 statute miles per hour (3.5 ing vessel may drop or anchor its tows knots) in the River Rouge. only in accordance with the provisions (2) The maximum speed limit is 5.8 of § 162.136. statute miles per hour (5 knots) in the (2) A towing vessel engaged in ar- navigable channel south of Peche Is- ranging its tow shall not obstruct the land (under Canadian jurisdiction). navigation of other vessels. (b) Maximum speed limit for vessels op- (b) Pilots. In the St. Clair River be- erating in nondisplacement mode. (1) Ex- tween Lake Huron Cut Lighted Buoy 1 cept when required for the safety of the and Port Huron Traffic Lighted Buoy, vessel or any other vessel, vessels 20 vessels shall not take on, discharge, or meters or more in length but under 100 exchange pilots unless weather condi- gross tons operating in the non- tions would make the maneuver unsafe displacement mode and meeting the re- in the customary pilot area. quirements set out in paragraph (c) of [CGD 78–151, 49 FR 18302, Apr. 30, 1984] this section, may operate at a speed 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 mode’’ means a mode of operation in § 162.150 Maumee Bay and River, Ohio. 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. (c) Unsafe vessels. The Captain of the 770)): Port or the District Commander may (1) No vessel greater than 40 feet in deny approval for operations under length may exceed 6 miles per hour. paragraph (b) of this section if it ap- (2) No vessel greater than 100 feet in pears that the design and operating length (including tug and tow combina- characteristics of the vessels in questions) may overtake another vessel. 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 [CGD 09–95–002, 60 FR 35702, July 11, 1995, as miles per hour, except in the outer har- amended by USCG–2011–1086, 77 FR 62437, Oct. bor where no vessel greater than 40 feet 15, 2012] in length may exceed 10 miles per hour.

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NOTE: The Corps of Engineers also has reg- (b) The regulations. (1) Vessels shall ulations dealing with these areas in 33 CFR not anchor within the area at any time Part 207. without permission. [CGD 79–151, 46 FR 7960, Jan. 26, 1981] (2) Dredging, dragging, seining, or other fishing operations which might § 162.160 Vermilion, Lorain, Cleveland, foul underwater installations within Fairport, Ashtabula, and Conneaut the area are prohibited. Harbors, Ohio. (3) All vessels entering the area, (a) In Vermilion Harbor, no vessel other than vessels operated by or for may exceed 6 miles per hour. the United States, the State of Cali- (b) In Lorain, Cleveland, Fairport, fornia, the county of Los Angeles, or Ashtabula, and Conneaut Harbors, no the city of Los Angeles, shall proceed vessel may exceed 6 miles per hour, ex- across the area by the most direct cept in the outer harbors, where no route and without unnecessary delay. vessel may exceed 10 miles per hour. The area will be open and unrestricted NOTE: The Corps of Engineers also has reg- to small recreational craft for rec- ulations dealing with these areas in 33 CFR reational activities at all times. Part 207. (4) The placing of bouys, markers, or [CGD 79–151, 46 FR 7960, Jan. 26, 1981] other devices requiring anchors will not be permitted. § 162.165 Buffalo and Rochester Har- (5) The city of Los Angeles will main- bors, New York. tain a patrol of the area as needed. In Buffalo and Rochester Harbors, no vessel may exceed 6 miles per hour, ex- § 162.200 Marina del Rey, Calif.; re- cept in the outer harbors where no ves- stricted area. sel may exceed 10 miles per hour. (a) The area. That portion of the Pa- cific Ocean lying shoreward of the off- NOTE: The Corps of Engineers also has regulations dealing with these areas in 33 CFR shore breakwater and the most sea- Part 207. ward 1,000 feet of the entrance channel between the north and south jetties, [CGD 79–151, 46 FR 7960, Jan. 26, 1981] and basically outlined as follows:

§ 162.175 Black Rock Canal and Lock Station Latitude North Longitude West at Buffalo, New York. ° ′ ″ ° ′ ″ In the Black Rock Canal and Lock, A ...... 33 57 46.0 118 27 39.5 B ...... 33°57′52.3″ 118°27′43.6″ no vessel may exceed 6 miles per hour. C ...... 33°57′48.6″ 118°27′48.8″ D ...... 33°57′29.8″ 118°27′34.7″ NOTE: The Corps of Engineers also has reg- ° ′ ″ ° ′ ″ ulations dealing with these areas in 33 CFR E ...... 33 57 30.9 118 27 29.1 ° ′ ″ ° ′ ″ Part 207. F ...... 33 57 37.4 118 27 33.8 G ...... 33°57′42.4″ 118°27′23.0″ [CGD 79–151, 46 FR 7960, Jan. 26, 1981] H ...... 33°57′50.6″ 118°27′28.3″

§ 162.195 Santa Monica Bay, Calif.; re- (b) The regulations. (1) Vessels shall stricted area. not anchor within the area at any time (a) The area. The waters of the Pa- without permission except in an emer- cific Ocean, Santa Monica Bay, in an gency. area extending seaward from the shore- (2) Dredging, dragging, seining, or line a distance of about 5 nautical other fishing operations which might miles (normal to the shoreline) and ba- foul underwater installations within sically outlined as follows: the area are prohibited. [CGD 75–082, 42 FR 51759, Sept. 29, 1977, as Station Latitude North Longitude West amended by USCG–2008–0179, 73 FR 35016, June 19, 2008] A ...... 33°54′59″ 118°25′41″ B ...... 33°54′59″ 118°28′00″ NOTE: The Corps of Engineers also has reg- C ...... 33°53′59.5″ 118°31′37″ ulations dealing with this section in 33 CFR D ...... 33°56′19.5″ 118°34′05″ Part 207. E ...... 33°56′25″ 118°26′29″

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§ 162.205 Suisun Bay, San Joaquin (iii) Rafts and tows must promptly River, Sacramento River, and con- give the channel side demanded upon necting waters, CA. proper signal by a vessel, and must be (a) San Joaquin River Deep Water handled in such a manner as not to ob- Channel between Suisun Bay and the eas- struct or interfere with the free use of terly end of the channel at Stockton; use, the waterway by other craft. administration and navigation—(1) Max- (4) Collisions. (i) Ocean-going vessels imum speed. The maximum speed for all in collision in the channel or turning ocean-going craft shall not exceed 10 basin must, if still afloat and in a con- miles per hour above the lower end of dition making anchorage necessary, be New York Slough, seven miles per hour immediately removed to an approved above Criminal Point, or five miles per anchorage ground, or if in such condi- hour while passing any wharf, dock, or tion that beaching is necessary, they moored craft. As used in this para- shall be temporarily beached on the graph, the speed of a vessel when navi- northwest side of Mandeville Island or gating with the current shall be its in the Old River. rate of movement in excess of the ve- (ii) Light-draft vessels suffering colli- locity of the current. sion shall be disposed of as directed by (2) Passing. All craft passing other the District Commander or his author- boats, barges, scows, etc., in motion, ized representative. moored or anchored, shall slow down (5) Wrecks. In no case following acci- and take every necessary precaution to dents of fire or collision will a vessel be avoid damage. allowed to remain either anchored or (3) Right of way. (i) United States grounded in the channel, or beached at dredges, tugs, launches, derrick boats, any place where it endangers other ves- and similar plant of contractors exe- sels, while settlement is pending with cuting river and harbor improvement the underwriters. 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 ocean-going vessels sufficient room for Maximum speed for all ocean going passing, and must lift both spuds and craft—(i) Between Tolands Landing (Mile the ladder, and pull clear, if an ade- 6.2) and Rio Vista Bridge. When going quate width of clear channelway can- against a current of two knots or more, not otherwise be provided. Ocean-going the maximum speed over the bottom vessels may show at the masthead a shall not exceed 8 knots. When going black ball not more than 20 inches in with the current, in slack water, or diameter as a signal to the dredge, and against a current of two knots or less, may also blow five long blasts of the the maximum speed through the water whistle when within reasonable hear- shall not exceed 10 knots. ing distance of the dredge, such signal (ii) Between Rio Vista Bridge and Port to be followed at the proper time by of Sacramento. When going against a the passing signal described in the current of two knots or more, the max- local pilot rules. The dredge shall imum speed over the bottom shall not promptly acknowledge both signals in exceed 5 knots. When going with the the usual manner. current, in slack water, or against a (ii) Light-draft vessels when meeting current of two knots or less, the max- or being overtaken by ocean-going ves- imum speed through the water shall sels, shall give the right of way to such not exceed 7 knots. vessels by making use of the shallower (iii) Speed past docks or moored craft. portions of the waterway. Within 550 feet of the centerline of the

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channel the speed shall be the min- the whistle, and shall be directed to imum required to maintain steerage- the proper side for passage by the way; wind, tide, current, etc., being sounding, by the dredge or other float- taken into consideration. ing plant, of the signal prescribed in (iv) Passing. All craft passing other the inland pilot rules for vessels under- boats, barges, scows, etc., underway, way and approaching each other from moored or anchored, shall take every opposite directions, which shall be an- necessary precaution to avoid damage. swered in the usual manner by the ap- (v) Speed, high-water precautions. proaching vessel. If the channel is not When passing another vessel (under- clear, the floating plant shall sound way, anchored, or tied up); a wharf or the alarm or danger signal and the ap- other structure; work under construc- proaching vessel shall slow down or tion; plant engaged in river and harbor stop and await further signal from the improvement; levees withstanding plant. flood waters; buildings partially or (iii) When the pipeline from a dredge wholly submerged by high water; or crosses the channel in such a way that any other structure liable to damage an approaching vessel cannot pass safe- by collision, suction or wave action; ly around the pipeline or dredge, there vessels shall give as much leeway as shall be sounded immediately from the circumstances permit and reduce their dredge the alarm or danger signal and speed sufficiently to preclude causing the approaching vessel shall slow down damage to the vessel or structure being or stop and await further signal from passed. As deemed necessary for public the dredge. The pipeline shall then be safety during high river stages, floods, opened and the channel cleared as soon or other emergencies, the District as practicable; when the channel is Commander may prescribe, by naviga- clear for passage the dredge shall so in- tion bulletins or other means, the lim- dicate by sounding the usual passing iting speed in knots or temporarily signal as prescribed in paragraph close the waterway or any reach of it (c)(2)(ii) of this section. The approach- 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

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possible to such anchorage as will leave NOTE: The Corps of Engineers also has reg- the channel clear for the passage of ulations dealing with this section in 33 CFR vessels. Part 207. (iii) Motorboats, sailboats, rowboats, [CGD 75–082, 42 FR 51759, Sept. 29, 1977, as and other small craft shall not anchor amended by CGD12 84–07, 51 FR 12318, Apr. 10, 1986; CGD11–94–007, 60 FR 16796, Apr. 3, 1995; or drift in the regular ship channel ex- USCG–1998–3799, 63 FR 35532, June 30, 1998; 78 cept under stress of weather or in case FR 4788, Jan. 23, 2013] of breakdown. Such craft shall be so operated that they will not interfere § 162.210 Lake Tahoe, Calif.; restricted with or endanger the movement of areas along south shore. commercial or public vessels. (a) The areas—(1) Baldwin Beach, (4) Collisions. (i) Ocean-going vessels under the control of the Forest Service, in collision in the channel or turning Department of Agriculture. The waters of basin, must if still afloat and in a con- Lake Tahoe shoreward of a line de- dition making anchorage necessary, be scribed as follows: Beginning at the immediately removed to an approved intersection of the high waterline with the west boundary line of Lot 2, Sec- anchorage ground, or if in such condition 26, Township 13 North (Mount Dia- tion that beaching is necessary, they blo Base Line), Range 17 East (Mount shall be temporarily beached on the Diablo Meridian); thence north 300 feet; southwest side of Ryer Island from thence southeasterly about 2,850 feet to Mile 15.0 to Mile 16.3 or in the Harbor the east line of Section 26 at a point 300 and Turning Basin at West Sac- feet north of the high waterline; thence ramento. northeasterly 1,740 feet to a point 300 (ii) Light-draft vessels suffering colli- feet north of the high waterline; thence sion shall be disposed of as directed by southeasterly about 1,810 feet to the the District Commander or his author- projected east line of the former Bald- ized representative. win property at a point 300 feet north (5) Marine accidents. Masters, mates, of the high waterline; and thence south pilots, owners, or other persons using 300 feet to the high waterline. the waterway to which this paragraph (2) Camp Richardson, under the control applies shall notify the District Com- of the Forest Service, Department of Agri- mander and in the case of undocu- culture. The waters of Lake Tahoe shoreward of a line described as fol- mented vessels, the State Division of lows: Beginning at the southeasterly Small Craft Harbors also, by the most corner of sec. 25, T. 13 N., R. 17 E., expeditious means available of all ma- Mount Diablo Base and Meridian; rine accidents, such as fire, collision, thence north 410 feet along the east sinking or stranding, where there is line of sec. 25; thence northwesterly 95 possible obstruction of the channel or feet to the high waterline which is the interference with navigation or where true point of beginning; thence north damage to Government property is in- 130 feet; thence southeasterly 565 feet; volved, furnishing a clear statement as and thence south 130 feet to the high to the name, address, and ownership of waterline. the vessel or vessels involved, the time (3) Pope Beach, under the control of the and place, and the action taken. In all Forest Service, Department of Agriculture. cases, the owner of the sunken vessel The waters of Lake Tahoe shoreward of shall take immediate steps to mark the a line described as follows: Beginning wreck properly. at the intersection of the high water- (6) Other laws and regulations. In all line with the west line of the former other respects, existing Federal laws Pope property, about 750 feet westerly and rules and regulations affecting of the west boundary line of Lot 2, Sec- navigable waters of the United States tion 6, Township 12 North (Mount Dia- blo Base Line), Range 18 East (Mount will govern in this channel. 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 stream to a point 200 feet upstream traffic, and neither the United States from the Inlet Co. dock. nor the City of Seattle will be respon- (b) The regulations. (1) Vessels may sible for any damage to vessels or other navigate, anchor, or moor within the property which may be chargeable to area until such time as notification is mistakes in the operation of the signal received or observation is made of in- lights or to their failure to operate. tended passage to or from the docking areas. NOTE: The Corps of Engineers also has reg- (2) Notice of anticipated passage of ulations dealing with this section in 33 CFR Part 207. towboats and barges shall be indicated 24 hours in advance by display of a red [CGD 75–082, 42 FR 51759, Sept. 29, 1977, as flag by the Inlet Co. from its ware- amended by USCG–2008–0179, 73 FR 35016, house. June 19, 2008] § 162.250 Port Alexander, Alaska; § 162.240 Tongass Narrows, Alaska; speed of vessels. navigation. (a) Definition. The term ‘‘Port Alex- (a) Definitions. The term ‘‘Tongass ander’’ includes the entire inlet from Narrows’’ includes the body of water its head to its entrance from Chatham lying between Revillagigedo Channel Strait. and Guard Island in Clarence Strait. (b) Speed. The speed of all vessels of 5 (b) No vessel, except for public law tons or more gross, ships register, shall enforcement and emergency response not exceed 3 miles per hour either in vessels, floatplanes during landings and entering, leaving, or navigating within take-offs, and vessels of 23 feet reg- Port Alexander, Alaska. istered length or less, shall exceed a speed of 7 knots in the region of [CGD 75–082, 42 FR 51759, Sept. 29, 1977, as amended by CGD 82–039, 47 FR 27266, June 24, Tongass Narrows bounded to the north 1982] by Tongass Narrows Buoy 9 and to the south by Tongass Narrows East Chan- § 162.255 Wrangell Narrows, Alaska; nel Regulatory marker at position use, administration, and navigation. ° ′ ″ ° ′ ″ 55 19 22.0 N, 131 36 40.5 W and Tongass (a) Definitions. (1) The term Narrows West Channel Regulatory ‘‘Wrangell Narrows’’ includes the en- marker at position 55°19′28.5″ N, tire body of water between Wrangell 131°39′09.7″ W, respectively. Narrows North Entrance Lighted Bell (c) No vessel shall while moored or at Buoy 63 and Midway Rock Light. anchor, or by slow passage or otherwise (2) The term ‘‘raft section’’ refers to while underway, unreasonably obstruct a standard raft of logs or piling se- the free passage and progress of other curely fastened together for long tow- vessels. ing in Alaska inland waters in the (d) No vessel shall moor or anchor to manner customary with the local log- any structure of the United States ging interests, i.e., with booms, other than mooring piers, wharves, and swifters, and tail sticks. It normally floats without the consent of the Com- contains 30,000 to 70,000 feet board mander, Sector Juneau. measure of logs or piling and has a [CGD 75–082, 42 FR 51759, Sept. 29, 1977] width of 45 to 60 feet and a length of 75 to 100 feet. EDITORIAL NOTE: For FEDERAL REGISTER ci- (b) Speed restrictions. No vessel shall tations affecting § 162.240, see the List of CFR exceed a speed of seven (7) knots in the Sections Affected, which appears in the vicinity of Petersburg, between Finding Aids section of the printed volume and at www.fdsys.gov. Wrangell Narrows Channel Light 58 and Wrangell Narrows Lighted Buoy 60. § 162.245 Kenai River, Kenai, Alaska; (c) Tow channel. The following route use, administration, and navigation. shall be taken by all tows passing (a) The area. The main channel area through Wrangell Narrows when the of the river, having a width of 150 feet, towboat has a draft of 9 feet or less beginning at a point directly offshore (northbound, read down; southbound, from the centerline of the city dock read up): and extending about 2,200 feet up- East of Battery Islets:

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East of Tow Channel Buoy 1 TC. shall be stopped when crossing the East of Tow Channel Buoy 3 TC. lines to the dredge anchors. West of Tow Channel Buoy 4 TC. (b) Vessels using the channel shall East of Colorado Reef: pass the dredge on the side designated East of Wrangell Narrows Channel Light 21. from the dredge by the signals pre- West of Wrangell Narrows Channel Lighted scribed in paragraph (c) of this section. Buoy 25. (c) Dredge shall display the red flag East of Tow Channel Buoy 5 TC. by day and four white lights hung in a East of Tow Channel Buoy 7 TC. vertical line by night to indicate the West of Petersburg: passing side. East of Wrangell Narrows Channel Light 54 (d) Vessels shall not anchor on the Fr. ranges of stakes or other marks placed East of Wrangell Narrows Channel Light 56 Qk FR. for the guidance of the dredge, nor in East of Wrangell Narrows Channel Light 58 such a manner as to obstruct the chan- Fr., thence proceeding to west side of nel for passing vessels. channel and leaving Wrangell Narrows by (e) Vessels shall not run over or dis- making passage between Wrangell Nar- turb stake, lanterns, or other marks rows Channel Daybeacon 61 and Wrangell placed for the guidance of the dredge. Narrows North Entrance Lighted Bell Buoy 63 F. (f) Dredges working in the prosecu- tion of the work shall not obstruct the (d) Size of tows. The maximum tows channel unnecessarily. permitted shall be one pile driver, or (g) The dredge will slack lines run- three units of other towable equipment ning across the channel from the or seven raft sections. dredge on the passing side, for passing (e) Arrangement of tows. (1) No towline vessels, when notified by signal, with or aggregate of towlines between whistle or horn. towboat and separated pieces shall ex- (h) The position of anchors of the ceed 150 feet in length. dredge shall be marked by buoys plain- (2) Raft and barge tows of more than ly visible to passing vessels. one unit shall not exceed 65 feet in width overall. Single barge tows shall § 162.270 Restricted areas in vicinity not exceed 100 feet in width overall. of Maritime Administration Reserve (3) Tows other than rafts shall be Fleets. taken alongside the towboat whenever (a) The regulations in this section possible. shall govern the use and navigation of (f) Anchorage. Vessels may anchor in waters in the vicinity of the following the anchorage basin in the vicinity of National Defense Reserve Fleets of the Anchor Point. No craft or tow shall be anchored in Wrangell Narrows in either Maritime Administration, Department the main ship channel or the towing of Transportation: channel, nor shall any craft or tow be (1) James River Reserve Fleet, Fort anchored so that it can swing into ei- Eustis, Virginia. ther of these channels. (2) Beaumont Reserve Fleet, Neches (g) Disabled craft. Disabled craft in a River near Beaumont, Texas. condition of absolute necessity are ex- (3) Suisun Bay Reserve Fleet near empt from the regulations in this sec- Benicia, California. tion. (b) No vessels or other watercraft, except those owned or controlled by the [CGD 75–082, 42 FR 51759, Sept. 29, 1977, as amended by CGD 82–039, 47 FR 27266, June 24, United States Government, shall cruise 1982; CGD 94–026, 60 FR 63624, Dec. 12, 1995] or anchor between Reserve Fleet units within 500 feet of the end vessels in § 162.260 Channel leading to San Juan each Reserve Fleet unit, or within 500 Harbor, P.R.; use, administration, feet of the extreme units of the fleets, and navigation. unless specific permission to do so has (a) Steamers passing dredge engaged first been granted in each case by the in improving the channel shall not enforcing agency. have a speed greater than 4 miles an (c) The regulations in this section hour, and the propelling machinery 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- Resolution MSC.74(69), Annex 3, proved material is available for inspec- Recommendation on Per- tion at the Navigation Systems Divi- formance Standards for a sion (CG–553), Coast Guard Head- Universal Shipborne Auto- matic Identification System quarters, 2100 2nd St. SW., Stop 7580, (AIS), adopted May 12, 1998 ... 164.46 Washington, DC 20593–7580 and at the SN/Circ.227, Guidelines for the National Archives and Records Admin- Installation of a Shipborne istration (NARA). For information on Automatic Identification the availability of this material at System (AIS), dated January NARA, call 202–741–6030, or go to: http:// 6, 2003 ...... 164.46 www.archives.gov/federallregister/ SOLAS, International Conven- codeloflfederallregulations/ tion for Safety of Life at Sea, ibrllocations.html. All approved mate- 1974, and 1988 Protocol relating thereto, 2000 Amend- rial is available from the sources indi- ments, effective January and cated in paragraph (b) of this section. July 2002, (SOLAS 2000 (b) The materials approved for incor- Amendments) ...... 164.46 poration by reference in this part and Conference resolution 1, Adop- the sections affected are as follows: tion of amendments to the Annex to the International American Petroleum Institute (API), Convention for the Safety of 1220 L Street NW., Washington, Life at Sea, 1974, and amend- DC 20005 ments to Chapter V of API Specification 9A, Speci- SOLAS 1974, adopted Decem- fication for Wire Rope, Sec- ber 12, 2002 ...... 164.46 tion 3, Properties and Tests International Telecommunication for Wire and Wire Rope, May Union Radiocommuni- cation Bu- 28, 1984 ...... 164.74 reau (ITU-R), Place de Nations American Society for Testing and Ma- CH–1211 Geneva 20 Switzerland terials (ASTM), 100 Barr Harbor (1) ITU-R Recommendation Drive, West Conshohocken, PA M.821, Optional Expansion of 19428-2959 the Digital Selective-Calling ASTM D4268–93, Standard Test System for Use in the Mari- Method for Testing Fiber time Mobile Service, 1992 ...... 164.43 Ropes ...... 164.74 (2) ITU-R Recommendation Cordage Institute, 350 Lincoln M.825, Characteristics of a Street, Hingham, MA 02043 Transponder System Using CIA–3, Standard Test Methods Digital Selective-Calling for Fiber Rope Including Techniques for Use with Ves- Standard Terminations, Re- sel Traffic Services and Ship- vised, June 1980 ...... 164.74 to-Ship Identification, 1992 ... 164.43 International Electrotechnical Com- ITU-R Recommendation mission (IEC), 3, rue de Varemb, M.1371–1, Technical charac- Geneva, Switzerland. teristics for a universal shipborne automatic identifica- IEC 61993–2, Maritime navigation system using time divi- tion and radiocommunication sion multiple access in the equipment and systems— VHF maritime mobile band, Automatic identification sys- 1998–2001 ...... 164.46 tems (AIS)—part 2: Class A shipborne equipment of the Radio Technical Commission for Mar- universal automatic identi- itime Services,(RTCM), 1611 North fication system (AIS)—Oper- Kent Street, Suite 605, Arlington, ational and performance re- VA 22209 quirements, methods of test (1) RTCM Paper 12–78/DO–100, and required test results Minimum Performance First edition, 2001–12 ...... 164.46 Standards, Loran C Receiving International Maritime Organization Equipment, 1977 ...... 164.41 (IMO), 4 Albert Embankment, (2) RTCM Paper 194–93/SC104– London SE1 7SR, U.K. STD, RTCM Recommended IMO Resolution A342(IX), Rec- Standards for Differential ommendation on Perform- NAVSTAR GPS Service, ance Standards for Auto- Version 2.1, 1994 ...... 164.43 matic Pilots, adopted Novem- ber 12, 1975 ...... 164.13

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(3) RTCM Paper 71–95/SC112– ated and the person directing the STD, RTCM Recommended movement of the vessel knows the Standards for Marine Radar evaluation; Equipment Installed on Ships (g) Rudder orders are executed as of Less Than 300 Tons Gross Tonnage, Version 1.1, October given; 10, 1995 ...... 164.72 (h) Engine speed and direction orders (4) RTCM Paper 191–93/SC112–X, are executed as given; RTCM Recommended Stand- (i) Magnetic variation and deviation ards for Maritime Radar and gyrocompass errors are known and Equipment Installed on Ships correctly applied by the person direct- of 300 Tons Gross Tonnage ing the movement of the vessel; and Upwards, Version 1.2, De- (j) A person whom he has determined cember 20, 1993 ...... 164.72 is competent to steer the vessel is in 1 [CGD 91–203, 58 FR 27632, May 10, 1993] the wheelhouse at all times; (k) If a pilot other than a member of EDITORIAL NOTE: For FEDERAL REGISTER ci- the vessel’s crew is employed, the pilot tations affecting § 164.03, see the List of CFR is informed of the draft, maneuvering Sections Affected, which appears in the Finding Aids section of the printed volume characteristics, and peculiarities of the and at www.fdsys.gov. vessel and of any abnormal circumstances on the vessel that may af- § 164.11 Navigation under way: Gen- fect its safe navigation. eral. (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 (5) The density of marine traffic; in approximate positions to alert the mar- (6) The damage that might be caused iner to hazards to navigation or to indicate 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 position. 1 See also 46 U.S.C. 8702(d), which requires an able seaman at the wheel on U.S. vessels (f) The danger of each closing visual of 100 gross tons or more in narrow or crowd- or each closing radar contact is evalu- ed waters during low visibility.

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

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EFFECTIVE DATE NOTE: At 58 FR 36141, July (b) Procedures are followed to detect 6, 1993, § 164.13 was amended by suspending a dragging anchor; and paragraph (e), effective July 9, 1993. (c) Whenever weather, tide, or current conditions are likely to cause the § 164.15 Navigation bridge visibility. vessel’s anchor to drag, action is taken (a) The arrangement of cargo, cargo to ensure the safety of the vessel, gear, and trim of all vessels entering or structures, and other vessels, such as departing from U.S. ports must be such being ready to veer chain, let go a sec- that the field of vision from the navi- ond anchor, or get underway using the gation bridge conforms as closely as vessel’s own propulsion or tug assist- possible to the following requirements: ance. (1) From the conning position, the [CGD 74–77, 42 FR 5956, Jan. 31, 1977] view of the sea surface must not be ob- scured by more than the lesser of two § 164.25 Tests before entering or get- ship lengths or 500 meters (1640 feet) ting underway. from dead ahead to 10 degrees on either (a) Except as provided in paragraphs side of the vessel. Within this arc of (b) and (c) of this section no person visibility any blind sector caused by may cause a vessel to enter into or get cargo, cargo gear, or other permanent underway on the navigable waters of obstruction must not exceed 5 degrees. the United States unless no more than (2) From the conning position, the 12 hours before entering or getting un- horizontal field of vision must extend derway, the following equipment has over an arc from at least 22.5 degrees been tested: abaft the beam on one side of the ves- (1) Primary and secondary steering sel, through dead ahead, to at least 22.5 gear. The test procedure includes a vis- degrees abaft the beam on the other ual inspection of the steering gear and side of the vessel. Blind sectors forward its connecting linkage, and, where ap- of the beam caused by cargo, cargo plicable, the operation of the following: gear, or other permanent obstruction (i) Each remote steering gear control must not exceed 10 degrees each, nor system. total more than 20 degrees, including (ii) Each steering position located on any blind sector within the arc of visi- the navigating bridge. bility described in paragraph (a)(1) of (iii) The main steering gear from the this section. alternative power supply, if installed. (3) From each bridge wing, the field (iv) Each rudder angle indicator in of vision must extend over an arc from relation to the actual position of the at least 45 degrees on the opposite bow, rudder. through dead ahead, to at least dead (v) Each remote steering gear control astern. system power failure alarm. (4) From the main steering position, (vi) Each remote steering gear power the field of vision must extend over an unit failure alarm. arc from dead ahead to at least 60 de- (vii) The full movement of the rudder grees on either side of the vessel. to the required capabilities of the (b) A clear view must be provided steering gear. through at least two front windows at (2) All internal vessel control com- all times regardless of weather condi- munications and vessel control alarms. tions. (3) Standby or emergency generator, 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

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test requirements of this subpart, are (2) For the area to be transited, a considered to remain in compliance currently corrected copy of, or applica- until arriving at the next port of call ble currently corrected extract from, on the Great Lakes. each of the following publications: (c) Vessels entering the Great Lakes (i) U.S. Coast Pilot. from the St. Lawrence Seaway are con- (ii) Coast Guard Light List. sidered to be in compliance with this (3) For the area to be transited, the sub-part if the required tests are concurrent edition of, or applicable cur- ducted preparatory to or during the rent extract from: passage of the St. Lawrence Seaway or (i) Tide tables published by private within one hour of passing Wolfe Is- entities using data provided by the Na- land. tional Ocean Service. (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 1.46(n)(4)) gation of the area possible. The publication, 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. § 164.30 Charts, publications, and (c) As used in this section, ‘‘currently equipment: General. corrected’’ means corrected with 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 ves- [CGD 82–055, 48 FR 44535, Sept. 29, 1983] sel’s transit. [CGD 82–055, 48 FR 44535, Sept. 29, 1983, as § 164.33 Charts and publications. amended by USCG–2001–9286, 66 FR 33641, (a) Each vessel must have the fol- June 25, 2001] lowing: (1) Marine charts of the area to be § 164.35 Equipment: All vessels. transited, published by the National Each vessel must have the following: Ocean Service, U.S. Army Corps of En- (a) A marine radar system for surface gineers, or a river authority that— navigation. (i) Are of a large enough scale and (b) An illuminated magnetic steering have enough detail to make safe navi- compass, mounted in a binnacle, that gation of the area possible; and can be read at the vessel’s main steer- (ii) Are currently corrected. ing stand.

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(c) A current magnetic compass devi- (iv) Clean hull. ation table or graph or compass com- (7) At the bottom of the fact sheet, parison record for the steering com- the following statement: pass, in the wheelhouse. (d) A gyrocompass. WARNING (e) An illuminated repeater for the The response of the (name of the vessel) gyrocompass required by paragraph (d) may be different from that listed above if of this section that is at the main any of the following conditions, upon which steering stand, unless that gyro- the maneuvering information is based, are varied: compass is illuminated and is at the (1) Calm weather—wind 10 knots or less, main steering stand. calm sea; (f) An illuminated rudder angle indi- (2) No current; cator in the wheelhouse. (3) Water depth twice the vessel’s draft or (g) The following maneuvering infor- greater; mation prominently displayed on a fact (4) Clean hull; and sheet in the wheelhouse: (5) Intermediate drafts or unusual trim. (1) A turning circle diagram to port (h) An echo depth sounding device. and starboard that shows the time and (i) A device that can continuously distance and advance and transfer re- record the depth readings of the ves- quired to alter course 90 degrees with sel’s echo depth sounding device, ex- maximum rudder angle and constant cept when operating on the Great power settings, for either full and half Lakes and their connecting and tribu- speeds, or for full and slow speeds. For tary waters. vessels whose turning circles are essen- (j) Equipment on the bridge for plot- tially the same for both directions, a ting relative motion. diagram showing a turning circle in (k) Simple operating instructions one direction, with a note on the dia- with a block diagram, showing the gram stating that turns to port and change-over procedures for remote starboard are essentially the same, steering gear control systems and may be substituted. steering gear power units, permanently (2) The time and distance to stop the displayed on the navigating bridge and vessel from either full and half speeds, in the steering gear compartment. or from full and slow speeds, while (l) An indicator readable from the maintaining approximately the initial centerline conning position showing heading with minimum application of the rate of revolution of each propeller, the rudder. except when operating on the Great (3) For each vessel with a fixed pro- Lakes and their connecting and tribu- peller, a table of shaft revolutions per tary waters. minute for a representative range of (m) If fitted with controllable pitch speeds. propellers, an indicator readable from (4) For each vessel with a control- the centerline conning position show- lable pitch propeller, a table of control ing the pitch and operational mode of settings for a representative range of such propellers, except when operating speeds. on the Great Lakes and their con- (5) For each vessel that is fitted with necting and tributary waters. an auxiliary device to assist in maneu- (n) If fitted with lateral thrust pro- vering, such as a bow thruster, a table pellers, an indicator readable from the of vessel speeds at which the auxiliary centerline conning position showing device is effective in maneuvering the the direction and amount of thrust of vessel. such propellers, except when operating (6) The maneuvering information for on the Great Lakes and their con- the normal load and normal ballast necting and tributary waters. condition for: (o) A telephone or other means of (i) Calm weather—wind 10 knots or communication for relaying headings less, calm sea; to the emergency steering station. (ii) No current; Also, each vessel of 500 gross tons and (iii) Deep water conditions—water over and constructed on or after June depth twice the vessel’s draft or great- 9, 1995 must be provided with arrange- er; and ments for supplying visual compass-

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readings to the emergency steering sta- (1) A flammable liquid as defined in tion. 46 CFR 30.10–22 or a combustible liquid as defined in 46 CFR 30.10–15; (92 Stat. 1471 (33 U.S.C. 1221 et seq.); 49 CFR (2) A material listed in table 151.05 of 1.46(n)(4)) 46 CFR 151.05, table 1 of 46 CFR 153, or [CGD 74–77, 42 FR 5956, Jan. 31, 1977, as table 4 of 46 CFR Part 154; or amended by CGD 77–183, 45 FR 18925, Mar. 24, (3) A liquid, liquefied gas, or com- 1980; CGD 83–004, 49 FR 43466, Oct. 29, 1984; pressed gas listed in 49 CFR 172.101. CGD 83–043, 60 FR 24771, May 10, 1995; 60 FR 28834, June 2, 1995] Self-propelled vessel includes those combinations of pushing vessel and § 164.37 Equipment: Vessels of 10,000 vessel being pushed ahead which are gross tons or more. rigidly connected in a composite unit 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- NOTE: Independent operation means two way’’. completely separate systems, from separate Tank vessel means a vessel that is branch power supply circuits or distribution constructed or adapted to carry; or car- panels to antennas, so that failure of any ries, oil or hazardous materials in bulk component of one system will not render the as cargo or cargo residue. other system inoperative. (b) An Automatic Radar Plotting Aid (b) On each tanker of 10,000 gross tons (ARPA) that complies with the stand- or more that is subject to 46 U.S.C. ard for such devices adopted by the 3708, the dual radar system required by International Maritime Organization this part must have a short range capa- in its ‘‘Operational Standards for Auto- bility and a long range capability; and matic Radar Plotting Aids’’ (Appendix each radar must have true north fea- A), and that has both audible and vis- tures consisting of a display that is ual alarms, must be installed as fol- stabilized in azimuth. lows: (1) Each self-propelled vessel, except (Titles I and II, 86 Stat. 426, 427 (33 U.S.C. 1224; 46 U.S.C. 391(a); 49 CFR 1.46(n)(4)) a public vessel, of 10,000 gross tons or 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 § 164.38 Automatic radar plotting aids subject to the jurisdiction of the (ARPA). United States, must be equipped with 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

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Great Lakes and their connecting and 3.3 Tracking tributary waters, constructed on or 3.3.1 The ARPA should be able to auto- after September 1, 1984 must be matically track, process, simultaneously display and continuously update the informa- equipped with an ARPA. tion on at least: (c) [Reserved] .1 20 targets, if automatic acquisition is (d)(1) Each device required under provided, whether automatically or manu- paragraph (b) of this section must have ally acquired; or a permanently affixed label containing: .2 10 targets, if only manual acquisition is (i) The name and address of the man- provided. ufacturer; and 3.3.2 If automatic acquisition is provided, (ii) The following statement: description of the criteria of selection of tar- ‘‘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- 3.3.3 Provided the target is not subject to ARDS FOR AUTOMATIC RADAR PLOTTING AIDS target swop, the ARPA should continue to (ARPA) 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 3.3.4 The possibility of tracking errors, in- (ARPA) should, in order to improve the cluding target swop, should be minimized by standard of collision avoidance at sea: ARPA design. A qualitative description of .1 Reduce the work-load of observers by the effects of error sources on the automatic enabling them to automatically obtain infor- tracking and corresponding errors should be mation so that they can perform as well with provided to the user, including the effects of multiple targets as they can by manually low signal to noise and low signal to clutter plotting a single target; and ratios caused by sea returns, rain, snow, low .2 Provide continuous, accurate and rapid clouds and non-synchronous emission. situation evaluation. 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 per- 3.4 Display formance standards. 3.4.1 The Display may be a separate or integral part of the ship’s radar. However, the 2 Definitions 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 for navigational radar equipment adopted by 3 Performance Standards the Organization. 3.4.2 The design should be such that any 3.1 Detection 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 .1 12 or 16 miles; scale where acquisition is suppressed over a .2 3 or 4 miles. certain area, the area of acquisition should 3.4.5 There should be a positive indication be indicated on the display. of the range scale in use. 3.2.2 Automatic or manual acquisition 3.4.6 The ARPA should be capable of oper- should have a performance not inferior to ating with a relative motion display with that which could be obtained by the user of ‘‘north-up’’ and either ‘‘head-up’’ or ‘‘course- the radar display. up’’ azimuth stabilization. In addition, the

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

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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)

1 ...... 3.0 0.8 0.5 1.0 7.5 1.2 2 ...... 2.3 .3 ...... 2.9 .8 3 ...... 4.4 .9 .7 1.0 3.3 1.0 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- tribution from the ARPA should remain in- ship on such display moves in accordance significant compared to the errors associated with its own motion. with the input sensors, for scenarios of Azimuth stabilization—Own ship’s compass Annex 2. information is fed to the display so that 3.9 Connections with other equipment echoes of targets on the display will not be 3.9.1 The ARPA should not degrade the caused to smear by changes of own ship’s performance of any equipment providing sen- heading. sor inputs. The connection of the ARPA to /North-up—The line connecting the center any other equipment should not degrade the with the top of this display is North. performance of that equipment. /Head-up—The line connecting the center 3.10 Performance test and warnings with the top of the display is own ship 3.10.1 The ARPA should provide suitable heading. warnings of ARPA malfunction to enable the /Course-up—An intended course can be set to observer to monitor the proper operation of the line connecting the center with the the system. Additionally test programmes top of the display. should be available so that the overall performance of ARPA can be assessed periodi- Heading—The direction in which the bow cally against a known solution. of a vessel is pointing. Expressed as an angu- 3.11 Equipment used with ARPA lar distance from North. 3.11.1 Log and speed indicators providing Target’s predicted motion—The indication inputs to ARPA equipment should be capable on the display of a liner extrapolation into of providing the ship’s speed through the the future of a target’s motion, based on water. measurements of the target’s range and bearing on the radar in the recent past. ANNEX 1 TO APPENDIX A TO § 164.38—DEFINI- Target’s motion trend—An early indica- TIONS OF TERMS TO BE USED ONLY IN CON- tion of the target’s predicted motion. NECTION WITH ARPA PERFORMANCE STAND- Radar Plotting—The whole process of tar- ARDS get detection, tracking, calculation of pa- Relative course—The direction of motion rameters and display of information. of a target related to own ship as deduced Detection—The recognition of the presence from a number of measurements of its range of a target. and bearing on the radar. Expressed as an an- Acquisition—The selection of those targets gular distance from North. requiring a tracking procedure and the initi- Relative speed—The speed of a target re- ation of their tracking. lated to own ship, as deduced from a number Tracking—The process of observing the se- of measurements of its range and bearing on the radar. quential changes in the position of a target, True course—The apparent heading of a to establish its motion. target obtained by the vectorial combination Display—The plan position presentation of of the target’s relative motion and ship’s ARPA data with radar data. own motion 1. Expressed as an angular dis- Manual—An activity which a radar ob- tance from North. server performs, possibly with assistance from a machine. 1 For the purpose of these definitions there Automatic—An activity which is per- is no need to distinguish between sea or formed wholly by a machine. ground stabilization.

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

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

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Regulations 29.14 and 29.15, of SOLAS (Report No. DOD–NO 4650.4–P, I or No. 74. DOT–TSC–RSPA–80–16, I). A person desiring a finding by the Commandant [CGD 83–043, 60 FR 24771, May 10, 1995] under this subparagraph must submit a § 164.40 Devices to indicate speed and written application describing the de- distance. vice to the Coast Guard Deputy Com- (a) Each vessel required to be fitted mander for Operations (CG–DCO), 2100 with an Automatic Radar Plotting Aid 2nd St. SW., Stop 7471, Washington, DC (ARPA) under § 164.38 of this part must 20593–7471. After reviewing the applica- 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 effects of wind, current, and tide, § 164.42 Rate of turn indicator. 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 United States, or by a state or its po- Automatic Identification System Ship- litical subdivision, or by a foreign na- borne Equipment (AISSE) system con- tion, and not engaged in commerce, sisting of a: must have a satellite navigation re- (1) Twelve-channel all-in-view Dif- ceiver with— ferential Global Positioning System (1) Automatic acquisition of satellite (dGPS) receiver; signals after initial operator settings (2) Marine band Non-Directional Bea- have been entered; and con receiver capable of receiving dGPS (2) Position updates derived from sat- error correction messages; ellite information during each usable (3) VHF—FM transceiver capable of satellite pass. Digital Selective Calling (DSC) on the (b) A system that is found by the designated DSC frequency; and Commandant to meet the intent of the (4) Control unit. statements of availability, coverage, (b) An AISSE must have the fol- and accuracy for the U.S. Coastal Con- lowing capabilities: fluence Zone (CCZ) contained in the (1) Use dGPS to sense the position of U.S. ‘‘Federal Radionavigation Plan’’ the vessel and determine the time of

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the position using Universal Coordi- NOTE: Vessel Traffic Service (VTS) areas nated Time (UTC); and operating procedures are set forth in (2) Fully use the broadcast type 1, 2, part 161 of this chapter. 3, 5, 6, 7, 9, and 16 messages, as specified [CGD 90–020, 59 FR 36334, July 15, 1994, as in RTCM Recommended Standards for amended by CGD 97–023, 62 FR 33365, June 19, Differential NAVSTAR GPS Service in 1997; USCG–2003–14757, 68 FR 39367, July 1, 2003; 68 FR 60569, Oct. 22, 2003] determining the required information; (3) Achieve a position error which is § 164.46 Automatic Identification Sys- less than ten meters (32.8 feet) 2 dis- tem (AIS). tance root mean square (2 drms) from (a) The following vessels must have a the true North American Datum of 1983 properly installed, operational, type (NAD 83) in the position information approved AIS as of the date specified: transmitted to a VTS; (1) Self-propelled vessels of 65 feet or (4) Achieve a course error of less than more in length, other than passenger 0.5 degrees from true course over and fishing vessels, in commercial ground in the course information service and on an international voyage, transmitted to a VTS; not later than December 31, 2004. (5) Achieve a speed error of less than (2) Notwithstanding paragraph (a)(1) 0.05 knots from true speed over ground of this section, the following, self-pro- in the speed information transmitted pelled vessels, that are on an inter- to a VTS; national voyage must also comply with (6) Receive and comply with com- SOLAS, as amended, Chapter V, regu- mands broadcast from a VTS as DSC lation 19.2.1.6, 19.2.4, and 19.2.3.5 or messages on the designated DSC fre- 19.2.5.1 as appropriate (Incorporated by quency; reference, see § 164.03): (7) Receive and comply with RTCM (i) Passenger vessels, of 150 gross ton- messages broadcast as minimum shift nage or more, not later than July 1, keying modulated medium frequency 2003; signals in the marine radiobeacon (ii) Tankers, regardless of tonnage, band, and supply the messages to the not later than the first safety survey dGPS receiver; for safety equipment on or after July 1, (8) Transmit the vessel’s position, 2003; tagged with the UTC at position solu- (iii) Vessels, other than passenger tion, course over ground, speed over vessels or tankers, of 50,000 gross ton- ground, and Lloyd’s identification nage or more, not later than July 1, number to a VTS; 2004; and (9) Display a visual alarm to indicate (iv) Vessels, other than passenger to shipboard personnel when a failure vessels or tankers, of 300 gross tonnage to receive or utilize the RTCM mes- or more but less than 50,000 gross ton- sages occurs; nage, not later than the first safety (10) Display a separate visual alarm survey for safety equipment on or after July 1, 2004, but no later than Decem- which is triggered by a VTS utilizing a ber 31, 2004. DSC message to indicate to shipboard (3) Notwithstanding paragraphs (a)(1) personnel that the U.S. Coast Guard and (a)(2) of this section, the following dGPS system cannot provide the re- vessels, when navigating an area de- quired error correction messages; and noted in table 161.12(c) of § 161.12 of this (11) Display two RTCM type 16 mes- chapter, not later than December 31, sages, one of which must display the 2004: position error in the position error (i) Self-propelled vessels of 65 feet or broadcast. more in length, other than fishing ves- (c) An AISSE is considered non-oper- sels and passenger vessels certificated ational if it fails to meet the require- to carry less than 151 passengers-for- ments of paragraph (b) of this section. hire, in commercial service; (ii) Towing vessels of 26 feet or more in length and more than 600 horsepower, in commercial service;

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(iii) Passenger vessels certificated to § 164.53 Deviations from rules and re- carry more than 150 passengers-for- porting: Non-operating equipment. hire. (a) If during a voyage any equipment NOTE TO § 164.46(a): ‘‘Properly installed’’ re- required by this part stops operating fers to an installation using the guidelines properly, the person directing the set forth in IMO SN/Circ.227 (incorporated by movement of the vessel may continue reference, see § 164.03). Not all AIS units are to the next port of call, subject to the able to broadcast position, course, and speed directions of the District Commander without the input of an external positioning or the Captain of the Port, as provided device (e.g. dGPS); the use of other external by part 160 of this chapter. devices (e.g. transmitting heading device, (b) If the vessel’s radar, radio naviga- gyro, rate of turn indicator) is highly rection receivers, gyrocompass, echo ommended, however, not required except as depth sounding device, or primary stated in § 164.46(a)(2). ‘‘Type approved’’ refers to an approval by an IMO recognized Ad- steering gear stops operating properly, ministration as to comply with IMO Resolu- the person directing the movement of tion MSC.74(69), ITU-R Recommendation the vessel must report or cause to be M.1371–1, and IEC 61993–2 (Incorporated by reported that it is not operating prop- reference, see § 164.03). ‘‘Length’’ refers to erly to the nearest Captain of the Port, ‘‘registered length’’ as defined in 46 CFR part District Commander, or, if partici- 69. ‘‘Gross tonnage’’ refers to tonnage as de- pating in a Vessel Traffic Service, to fined under the International Convention on the Vessel Traffic Center, as soon as Tonnage Measurement of Ships, 1969. possible. (b) The requirements for Vessel (Sec. 2, Pub. L. 95–474, 92 Stat. 1471 (33 U.S.C. Bridge-to-Bridge radiotelephones in 1221); 49 CFR 1.46(n)(4)) §§ 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 term ‘‘effective operating condition’’ EDITORIAL NOTE: For FEDERAL REGISTER ci- used in § 26.06 of this chapter includes tations affecting § 164.53, see the List of CFR accurate input and upkeep of AIS data Sections Affected, which appears in the Finding Aids section of the printed volume fields. and at www.fdsys.gov. (c) The use of a portable AIS is permissible only to the extent that elec- § 164.55 Deviations from rules: Con- tromagnetic interference does not af- tinuing operation or period of time. fect 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, the master or person in charge of the to the extent necessary to avoid endan- vessel shall: gering persons, property, or the envi- (a) Ensure compliance with 46 CFR ronment. Subpart 4.05, ‘‘Notice of Marine Cas- [CGD 74–77, 42 FR 5956, Jan. 31, 1977] ualty and Voyage Records;’’ and

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(b) Ensure that the voyage records alongside, or any combination of pull- required by 46 CFR 4.05–15 are retained ing, pushing, or hauling alongside. for: Western Rivers means the Mississippi (1) 30 days after the casualty if the River, its tributaries, South Pass, and vessel remains in the navigable waters Southwest Pass, to the navigational- of the United States; or demarcation lines dividing the high (2) 30 days after the return of the ves- seas from harbors, rivers, and other in- sel to a United States port if the vessel land waters of the United States, and departs the navigable waters of the the Port Allen-Morgan City Alter- United States within 30 days after the native Route, and that part of the marine casualty. Atchafalaya River above its junction [CGD 74–77, 42 FR 5956, Jan. 31, 1977] with the Port Allen-Morgan City Alter- native Route including the Old River § 164.70 Definitions. and the Red River and those waters For purposes of §§ 164.72 through specified by §§ 89.25 and 89.27 of this 164.82, the term— chapter, and such other, similar waters Current edition means the most recent as are designated by the COTP. published version of a publication, [CGD 94–020, 61 FR 35072, July 3, 1996, as chart, or map required by § 164.72. amended by USCG–2006–24371, 74 FR 11213, Currently corrected edition means a Mar. 16, 2009] current or previous edition of a publication required by § 164.72, corrected § 164.72 Navigational-safety equip- with changes that come from Notices ment, charts or maps, and publica- to Mariners (NTMs) or Notices to Navi- tions required on towing vessels. gation reasonably available and that (a) Except as provided by § 164.01(b), apply to the vessel’s transit. Hand-an- each towing vessel must be equipped notated river maps from the U.S. Army with the following navigational-safety Corps of Engineers (ACOE) are cur- equipment: rently corrected editions if issued with- (1) Marine radar. By August 2, 1997, a in the previous 5 years. marine radar that meets the following Great Lakes means the Great Lakes applicable requirements: and their connecting and tributary (i) For a vessel of less than 300 tons waters including the Calumet River as gross tonnage that engages in towing far as the Thomas J. O’Brien Lock and on navigable waters of the U.S., includ- Controlling Works (between miles 326 ing Western Rivers, the radar must and 327), the Chicago River as far as meet— the east side of the Ashland Avenue (A) The requirements of the Federal Bridge (between miles 321 and 322), and Communications Commission (FCC) the Saint Lawrence River as far east as specified by 47 CFR part 80; and the lower exit of Saint Lambert Lock. (B) RTCM Standard for Marine Radar Merchant mariner credential or MMC Equipment Installed on Ships of Less means the credential issued by the Than 300 Tons Gross Tonnage, RTCM Coast Guard under 46 CFR part 10. It Paper 71–95/SC112–STD, Version 1.1, dis- combines the individual merchant play Category II and stabilization Cat- mariner’s document, license, and cer- egory Bravo. tificate of registry enumerated in 46 (ii) For a vessel of less than 300 tons U.S.C. subtitle II part E as well as the gross tonnage that engages in towing STCW endorsement into a single cre- seaward of navigable waters of the U.S. dential that serves as the mariner’s or more than three nautical miles from qualification document, certificate of shore on the Great Lakes, the radar identification, and certificate of serv- must meet— ice. (A) The requirements of the FCC Swing-meter means an electronic or specified by 47 CFR part 80; and electric device that indicates the rate (B) RTCM Standard for Marine Radar of turn of the vessel on board which it Equipment Installed on Ships of Less is installed. Than 300 Tons Gross Tonnage, RTCM Towing vessel means a commercial Paper 71–95/SC112–STD, Version 1.1, dis- vessel engaged in or intending to en- play Category I and stabilization Cat- gage in pulling, pushing or hauling egory Alpha.

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(iii) For a vessel of 300 tons gross ton- ship-radio-station license for radio nage or more that engages in towing on transmitters (including radar and navigable waters of the U.S., including EPIRBs), and each operator must hold Western rivers, the radar must meet— a restricted operator’s license or high- (A) The requirements of the Federal er. To get an application for either li- Communications Commission (FCC) cense, call (800) 418–FORM or (202) 418– specified by 47 CFR part 80; and FORM, or write to the FCC; Wireless (B) RTCM Recommended Standards Bureau, Licensing Division; 1270 Fair- for Marine Radar Equipment Installed field Road; Gettysburg, PA 17325–7245.) on Ships of 300 Tons Gross Tonnage and (4) Magnetic compass. Either— Upwards, RTCM Paper 191–93/SC112–X, (i) An illuminated swing-meter or an Version 1.2 except the requirements for illuminated card-type magnetic steer- azimuth stabilization in paragraph 3.10. ing compass readable from the vessel’s (iv) For a vessel of 300 tons gross ton- main steering station, if the vessel en- nage or more that engages in towing gages in towing exclusively on Western seaward of navigable waters of the U.S. Rivers; or or more than three nautical miles from (ii) An illuminated card-type mag- shore on the Great Lakes, the radar netic steering compass readable from must meet— the vessel’s main steering station. (A) The requirements of the FCC (5) Echo depth-sounding device. By Au- specified by 47 CFR Part 80; and gust 2, 2001, an echo depth-sounding de- (B) RTCM Recommended Standards vice readable from the vessel’s main for Marine Radar Equipment Installed steering station, unless the vessel en- on Ships of 300 Tons Gross Tonnage and gages in towing exclusively on Western Upwards, RTCM Paper 191–93/SC112–X, Rivers. Version 1.2. (6) Electronic position-fixing device. An (v) A towing vessel with an existing electronic position-fixing device, a sat- radar must meet the applicable re- ellite navigational system such as the quirements of paragraphs (a)(1) (i) Global Positioning System (GPS) as re- through (iv) of this section by August quired by § 164.41, if the vessel engages 2, 1998; except that a towing vessel with in towing seaward of navigable waters an existing radar must meet the dis- of the U.S. or more than three nautical play and stabilization requirements of miles from shore on the Great Lakes. paragraph (a)(1)(ii)(B) of this section (b) Each towing vessel must carry on by August 2, 2001. 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

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paragraphs (b)(1) (i) and (ii) of this sec- (C) River-current tables published by tion, currently corrected marine charts the ACOE or a river authority, if avail- or maps, or applicable extracts, pub- able. lished by a foreign government. These (ii) If the vessel is engaged other charts or maps, or applicable extracts, than in towing exclusively on Western must contain information similar to Rivers— that on the charts or maps required by (A) Coast Guard Light List; paragraphs (b)(1) (i) and (ii) of this sec- (B) Notices to Mariners published by tion, be of large enough scale, and have the National Imagery and Mapping enough detail to make safe navigation Agency, or LNMs published by the of the areas possible, and must be cur- Coast Guard; rently corrected. (C) Tidal-current tables published by (2) General publications. A currently private entities using data provided by corrected edition of, or an applicable the NOS, or river-current tables pub- currently corrected extract from, each lished by the ACOE or a river author- of the following publications for the ity: area to be transited: (D) Tide tables published by private (i) If the vessel is engaged in towing entities using data provided by the exclusively on Western Rivers— NOS; and (A) U.S. Coast Guard Light List; (E) U.S. Coast Pilot. (B) Applicable Notices to Navigation (c) Table 164.72, following, summa- published by the ACOE, or Local No- rizes the navigational-safety equip- tices to Mariners (LNMs) published by ment, charts or maps, and publications the Coast Guard, for the area to be required for towing vessels of 12 meters transited, when available; and 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]

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§ 164.74 Towline and terminal gear for vessel with the intent to use it as a towing astern. towline or if it is retested for any rea- (a) Towline. The owner, master, or op- son, keeping on board the towing vessel erator of each vessel towing astern or in company files of a record of each shall ensure that the strength of each retest of the towline’s minimum break- towline is adequate for its intended ing strength as determined by a class service, considering at least the fol- society authorized in § 157.04 of this lowing factors: chapter or by a tensile test that meets (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 tow- (D) Surface condition, including cor- line, whichever is more. rosion and discoloration, of the tow- (3) The condition of each towline line; must be monitored through the— (E) Amount of visible damage to the (i) Keeping on board the towing ves- towline; sel or in company files of a record of (F) Amount of material deterioration the towline’s initial minimum break- indicated by measurements of diameter ing strength as determined by the man- and, if applicable, measurements of lay ufacturer, by a classification (‘‘class’’) extension of the towline; and society authorized in § 157.04 of this (G) Point at which a tensile test chapter, or by a tensile test that meets proves the minimum breaking strength API Specification 9A, Specification for of the towline inadequate by the stand- Wire Rope, Section 3; ASTM D 4268 (in- ards of paragraph (a)(1) of this section, corporated by reference, see § 164.03), if necessary; and Standard Test Method for Testing (v) Keeping on board the towing ves- Fiber Ropes; or Cordage Institute CIA sel or in company files of a record of 3, Standard Test Methods for Fiber the material condition of the towline Rope Including Standard Termi- when inspected under paragraphs nations; (a)(3)(iii) and (iv) of this section. Once (ii) If the towline is purchased from this record lapses for three months or another owner, master, or operator of a more, except when a vessel is laid up or

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

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§ 164.80 are conducted and that the re- (c)(1) The voyage-planning require- sults are entered in the log or other ments outlined in this section do not record carried on board. apply to you if your towing vessel is— (i) Used solely for any of the fol- [CGD 94–020, 61 FR 35075, July 3, 1996, as amended by USCG–2000–6931, 68 FR 22610, lowing services or any combination of Apr. 29, 2003; 69 FR 34068, June 18, 2004] these services— (A) Within a limited geographic area, § 164.80 Tests, inspections, and voyage such as a fleeting-area for barges or a planning. commercial facility, and used for re- (a) The owner, master, or operator of stricted service, such as making up or each towing vessel of less than 1,600 GT breaking up larger tows; shall ensure that the following tests (B) For harbor-assist; 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; (ii) A public vessel that is both (1) Steering-systems. A test of the owned, or demise chartered, and oper- steering-gear-control system; a test of ated by the United States Government the main steering gear from the alter- or by a government of a foreign coun- native power supply, if installed; a try; and that is not engaged in com- verification of the rudder-angle indi- mercial service; cator relative to the actual position of (iii) A foreign vessel engaged in inno- the rudder; and a visual inspection of cent passage; or the steering gear and its linkage. (iv) Exempted by the Captain of the (2) A test of Navigational equipment. Port (COTP). all installed navigational equipment. (2) If you think your towing vessel (3) Communications. Operation of all should be exempt from these voyage internal vessel control communica- planning requirements for a specified tions and vessel-control alarms, if in- route, you should submit a written re- stalled. quest to the appropriate COTP. The (4) Lights. Operation of all naviga- COTP will provide you with a written tional lights and all searchlights. response granting or denying your re- (5) Terminal gear. Visual inspection of quest. tackle; of connections of bridle and (3) If any part of a towing vessel’s in- towing pendant, if applicable; of chaf- tended voyage is seaward of the base- ing gear; and of the winch brake, if in- line (i.e., the shoreward boundary) of stalled. the territorial sea of the U.S., then the (6) Propulsion systems. Visual inspec- owner, master, or operator of the ves- tion of the spaces for main propulsion sel, employed to tow a barge or barges, machinery, of machinery, and of de- must ensure that the voyage with the vices for monitoring machinery. barge or barges is planned, taking into (b) The owner, master, or operator of account all pertinent information be- each towing vessel of 1,600 GT or more fore the vessel embarks on the voyage. shall ensure that the following tests of The master must check the planned equipment occur at the frequency re- route for proximity to hazards before quired by § 164.25 and that the following the voyage begins. During a voyage, if inspections of gear occur before the a decision is made to deviate substan- vessel embarks on a voyage of more tially from the planned route, then the than 24 hours or when each new master master or mate must plan the new or operator assumes command: route before deviating from the (1) Navigational equipment. Tests of planned route. The voyage plan must onboard equipment as required by follow company policy and consider the § 164.25. following (related requirements noted (2) Terminal gear. Visual inspection of in parentheses): tackle; of connections of bridle and (i) Applicable information from nau- towing pendant, if applicable; of chaf- tical charts and publications (also see ing gear; and of the winch brake, if in- paragraph (b) of section 164.72), includ- stalled. ing Coast Pilot, Coast Guard Light

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List, and Coast Guard Local Notice to whether it is safe for the vessel to pro- Mariners for the port of departure, all ceed. ports of call, and the destination; (c) Reporting. The owner, master, or (ii) Current and forecast weather, in- operator of each towing vessel whose cluding visibility, wind, and sea state equipment is inoperative or otherwise for the port of departure, all ports of impaired while the vessel is operating call, and the destination (also see para- within a Vessel Traffic Service (VTS) graphs (a)(7) of section 164.78 and (b) of Area shall report the fact as required section 164.82); by 33 CFR 161.124. (33 CFR 161.124 re- (iii) Data on tides and currents for quires that each user of a VTS report the port of departure, all ports of call, to the Vessel Traffic Center as soon as and the destination, and the river practicable: stages and forecast, if appropriate; (1) Any absence or malfunction of (iv) Forward and after drafts of the vessel-operating equipment for naviga- barge or barges and under-keel and tional safety, such as propulsion ma- vertical clearances (air-gaps) for all chinery, steering gear, radar, gyro- bridges, ports, and berthing areas; compass, echo depth-sounding or other (v) Pre-departure checklists; sounding device, automatic dependent (vi) Calculated speed and estimated surveillance equipment, or naviga- time of arrival at proposed waypoints; tional lighting; (vii) Communication contacts at any (2) Any condition on board the vessel Vessel Traffic Services, bridges, and fa- likely to impair navigation, such as cilities, and any port-specific require- shortage of personnel or lack of cur- ments for VHF radio; rent nautical charts or maps, or publi- (viii) Any master’s or operator’s cations; and standing orders detailing closest points (3) Any characteristics of the vessel of approach, special conditions, and that affect or restrict the maneuver- critical maneuvers; and ability of the vessel, such as arrange- (ix) Whether the towing vessel has ment of cargo, trim, loaded condition, sufficient power to control the tow under-keel clearance, and speed.) under all foreseeable circumstances. (d) Deviation and authorization. The [CGD 94–020, 61 FR 35075, July 3, 1996, as owner, master, or operator of each tow- amended by USCG–2000–6931, 68 FR 22610, ing vessel unable to repair within 96 Apr. 29, 2003; 69 FR 34068, June 18, 2004] hours an inoperative marine radar required by § 164.72(a) shall so notify the § 164.82 Maintenance, failure, and re- Captain of the Port (COTP) and shall porting. seek from the COTP both a deviation (a) Maintenance. The owner, master, from the requirements of this section or operator of each towing vessel shall and an authorization for continued op- maintain operative the navigational- eration in the area to be transited. safety equipment required by § 164.72. Failure of redundant navigational-safe- (b) Failure. If any of the navigational- ty equipment, including but not lim- safety equipment required by § 164.72 ited to failure of one of two installed fails during a voyage, the owner, mas- radars, where each satisfies § 164.72(a), ter, or operator of the towing vessel does not necessitate either a deviation shall exercise due diligence to repair it or an authorization. at the earliest practicable time. He or (1) The initial notice and request for she shall enter its failure in the log or a deviation and an authorization may other record carried on board. The fail- be spoken, but the request must also be ure of equipment, in itself, does not written. The written request must ex- constitute a violation of this rule; nor plain why immediate repair is imprac- does it constitute unseaworthiness; nor ticable, and state when and by whom does it obligate an owner, master, or the repair will be made. operator to moor or anchor the vessel. (2) The COTP, upon receiving even a However, the owner, master, or oper- spoken request, may grant a deviation ator shall consider the state of the and an authorization from any of the equipment—along with such factors as provisions of §§ 164.70 through 164.82 for weather, visibility, traffic, and the dic- a specified time if he or she decides tates of good seamanship—in deciding that they would not impair the safe

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navigation of the vessel under antici- 165.T01–1130 Regulated Navigation Area; S99 pated conditions. Alford Street Bridge rehabilitation project, Mystic River, MA. [CGD 94–020, 61 FR 35075, July 3, 1996] 165.100 Regulated Navigation Area: Navi- gable waters within the First Coast Guard District. PART 165—REGULATED NAVIGA- 165.101 Kittery, Maine—regulated naviga- TION AREAS AND LIMITED AC- tion area. CESS AREAS 165.102 Security Zone: Walkers Point, Kennebunkport, ME. Subpart A—General 165.103 Safety and Security Zones; LPG Vessel Transits in Portland, Maine, Cap- Sec. tain of the Port Zone, Portsmouth Har- 165.1 Purpose of part. bor, Portsmouth, New Hampshire. 165.3 Definitions. 165.104 Safety Zone: Vessel Launches, Bath 165.5 Establishment procedures. Iron Works, Kennebec River, Bath, 165.7 Notification. Maine. 165.8 Geographic coordinates. 165.105 Security Zones; Passenger Vessels, 165.9 Geographic application of limited and Portland, Maine, Captain of the Port controlled access areas and regulated Zone. navigation areas. 165.106 Security Zone: Seabrook Nuclear Power Plant, Seabrook, New Hampshire. Subpart B—Regulated Navigation Areas 165.110 Safety and Security Zone; Liquefied Natural Gas Carrier Transits and An- 165.10 Regulated navigation areas. chorage Operations, Boston, Massachu- 165.11 Vessel operating requirements (regu- setts. lations). 165.111 Safety Zone: Boston Harbor, Boston, 165.13 General regulations. Massachusetts. 165.112 Safety Zone: USS CASSIN YOUNG, Subpart C—Safety Zones Boston, Massachusetts. 165.113 Security Zone: Dignitary arrival/de- 165.20 Safety zones. parture Logan International Airport, 165.23 General regulations Boston, MA. 165.114 Safety and Security Zones: Escorted Subpart D—Security Zones Vessels—Boston Harbor, Massachusetts. 165.115 Safety and Security Zones; Pilgrim 165.30 Security zones. Nuclear Power Plant, Plymouth, Massa- 165.33 General regulations. chusetts. 165.116 Safety and Security Zones; Salem Subpart E—Restricted Waterfront Areas and Boston Harbors, Massachusetts. 165.40 Restricted waterfront areas. 165.117 Regulated Navigation Areas, Safety and Security Zones: Deepwater Ports, Subpart F—Specific Regulated Navigation First Coast Guard District. 165.118 Safety Zones; recurring annual Areas and Limited Access Areas events held in Coast Guard Sector Bos- FIRST COAST GUARD DISTRICT ton Captain of the Port Zone. 165.119 Safety Zone; Captain of the Port 165.T01–0174 Regulated Navigation Area; Boston Fireworks display zones, Boston Tappan Zee Bridge Construction Project, Harbor, Boston, MA. Hudson River; South Nyack and 165.121 Safety and Security Zones: High In- Tarrytown, NY. terest Vessels, Narragansett Bay, Rhode 165.T01–0329 Regulated Navigation Area; Island. Maine Kennebec Bridge Construction and 165.122 Regulated Navigation Area: Navi- Removal, Kennebec River, Richmond, gable waters within Narragansett Bay ME. and the Providence River, Rhode Island. 165.T01–0471 Safety Zone; Belt Parkway 165.123 Cruise Ships, Sector Southeastern Bridge Construction, Gerritsen Inlet, New England Captain of the Port (COTP) Brooklyn, NY. Zone. 165.T01–0623 Regulated Navigation Area: 165.125 Regulated Navigation Area; EPA Thames River New London, CT. Superfund Site, New Bedford Harbor, 165.T01–0824 Regulated Navigation Area; Massachusetts. Housatonic River Bridge Replacement 165.130 Sandy Hook Bay, New Jersey—secu- Operations; Stratford, CT. rity zone. 165.T01–0876 Regulated Navigation Area— 165.141 Safety Zone: Sunken vessel EMPIRE Weymouth Fore River, Fore River Bridge KNIGHT, Boon Island, ME. Construction, Weymouth and Quincy, 165.150 New Haven Harbor, Quinnipiac MA. River, Mill River.

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165.151 Safety Zones; Fireworks Displays, 165.502 Safety and Security Zone; Cove Air Shows and Swim Events in the Cap- Point Liquefied Natural Gas Terminal, tain of the Port Long Island Sound Zone. Chesapeake Bay, Maryland. 165.153 Regulated Navigation Area: Long Is- 165.503 Security Zone; Captain of the Port land Sound Marine Inspection and Cap- Hampton Roads Zone. tain of the Port Zone. 165.504 Newport News Shipbuilding and Dry 165.154 Safety and Security Zones; Captain Dock Company Shipyard, James River, of the Port Long Island Sound Zone Safe- Newport News, Va. ty and Security Zones. 165.505 Security Zone; Calvert Cliffs Nuclear 165.156 Regulated Navigation Area: East Power Plant, Chesapeake Bay, Calvert Rockaway Inlet to Atlantic Beach County, Maryland. Bridge, Nassau County, Long Island, New 165.506 Safety Zones; Fireworks Displays in York. the Fifth Coast Guard District. 165.160 Safety Zones; fireworks displays and 165.507 Security Zone; Chesapeake Bay, be- swim events in Coast Guard Captain of tween Sandy Point and Kent Island, MD. the Port New York Zone. 165.508 Security Zone; Georgetown Channel, 165.163 Safety Zones; Port of New York/New Potomac River, Washington, DC. Jersey Fleet Week. 165.509 Security Zone; Severn River and 165.164 Regulated Navigation Areas, Secu- College Creek, Annapolis, MD. rity Zones: Dignitary Arrival/Departure 165.510 Delaware Bay and River, Salem and United Nations Meetings, New York, River, Christina River and Schuylkill NY. River-Regulated Navigation Area. 165.165 Regulated Navigation Area; Hudson 165.511 Security Zone; Atlantic Ocean, River South of the Troy Locks, NY. Chesapeake & Delaware Canal, Delaware 165.166 Safety zone: Macy’s July 4th Fire- Bay, Delaware River and its tributaries. works, East River, NY. 165.512 Safety Zone; Patapsco River, North- 165.169 Safety and Security Zones: New west and Inner Harbors, Baltimore, MD. York Marine Inspection Zone and Cap- 165.513 Safety Zone; Magothy River, Sillery tain of the Port Zone. Bay, MD. 165.170 Safety Zone; Military Munitions Re- 165.514 Safety Zone: Atlantic Intracoastal covery, Raritan River, Raritan, NJ. Waterway and connecting waters, vicin- 165.171 Safety Zones for fireworks displays ity of Marine Corps Base Camp Lejeune, and swim events held in Coast Guard North Carolina. Sector Northern New England Captain of 165.515 Safety Zone: Cape Fear River, Wil- the Port Zone. mington, North Carolina. 165.518 Security Zone; Waters of the Fifth 165.172 Safety Zone; Underwater Hazard, Coast Guard District. Gravesend Bay, Brooklyn, NY. 165.530 Safety Zone: Cape Fear and North- 165.173 Safety Zones for annually recurring east Cape Fear Rivers, NC. marine events held in Coast Guard 165.535 Safety Zone: Atlantic Ocean, Vicin- Southeastern New England Captain of ity of Cape Henlopen State Park, Dela- the Port Zone. ware. 165.202 [Reserved] 165.540 Regulated Navigation Area; Cape Fear River, Northeast Cape Fear River, FIFTH COAST GUARD DISTRICT Wilmington, North Carolina 165.T05–0145 Safety Zone, Barnegat Inlet; 165.552 Security Zone; Oyster Creek Genera- Barnegat Light, NJ. tion Station, Forked River, Ocean Coun- 165.T05–0330 Safety Zone, Shallowbag Bay; ty, New Jersey. Manteo, NC. 165.553 Security Zone; Salem and Hope 165.T05–0494 Safety Zone, Atlantic Ocean; Creek Generation Stations, Delaware Ocean City, NJ. River, Salem County, New Jersey. 165.T05–0495 Safety Zone, Sugar House Ca- 165.554 Security Zone; Three Mile Island sino Fireworks Display, Delaware River; Generating Station, Susquehanna River, Philadelphia, PA. Dauphin County, Pennsylvania. 165.T05–0501 Safety Zone, Delaware River; 165.555 Safety Zone; Delaware River. Philadelphia, PA. 165.556 Regulated Navigation Area; Chesa- 165.T05–0511 Safety Zone, Delaware River; peake and Delaware Canal, Chesapeake Philadelphia, PA. City Anchorage Basin, MD. 165.T05–0767 Security Zone, Baltimore Har- bor, Baltimore’s Inner Harbor; Balti- SEVENTH COAST GUARD DISTRICT more, MD. 165.T07–0161 Safety Zone; Xterra Swim, 165.500 Safety/Security Zones; Chesapeake Myrtle Beach, SC. Bay, Maryland. 165.701 Vicinity, Kennedy Space Center, 165.501 Chesapeake Bay entrance and Hamp- Merritt Island, Florida—security zone. ton Roads, VA and adjacent waters—Reg- 165.703 Tampa Bay, Florida—Safety Zone. ulated Navigation Area. 165.704 Safety Zone: Tampa Bay, Florida.

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165.T0704 Safety Zone: Savannah River, Sa- 165.765 Regulated Navigation Area; Port Ev- vannah, Georgia. erglades Harbor, Fort Lauderdale, Flor- 165.705 Port Canaveral Harbor, Cape Canav- ida. eral, Florida. 165.766 Security Zone: HOVENSA Refinery, 165.708 Safety/Security Zone; Charleston St. Croix, U.S. Virgin Islands. Harbor and Cooper River, Charleston, SC. 165.767 Security Zone; Manbirtee Key, Port 165.709 Security Zone; Charleston Harbor, of Manatee, Florida. Cooper River, South Carolina. 165.768 Security Zone; MacDill Air Force 165.711 Safety Zone: Port Everglades, Fort Base, Tampa Bay, FL. Lauderdale, FL. 165.769 Security Zone; Escorted Vessels, 165.714 Regulated Navigation Area; Atlantic Charleston, South Carolina, Captain of Ocean, Charleston, SC. the Port Zone. 165.770 Security Zone: HOVENSA Refinery, 165.720 Safety/Security Zone: St. Johns St. Croix, U.S. Virgin Islands. River, Jacksonville, FL. 165.771 Safety Zone; Bahia de Ponce, Puerto 165.721 Safety Zone: St. Johns River, Jack- Rico. sonville, FL. 165.773 Security Zone; Escorted Vessels in 165.722 Security Zone: St. Johns River, Captain of the Port Zone Jacksonville, Jacksonville, Florida. Florida. 165.726 Regulated Navigation Areas; Miami 165.775 Safety Zone; Captain of the Port River, Miami, Florida. Zone Jacksonville; Offshore Cape Canav- 165.728 Jacksonville, Florida—safety zones. eral, Florida. 165.729 Jacksonville Harbor, Florida—secu- 165.776 Security Zone; Coast Guard Base rity zone. San Juan, San Juan Harbor, Puerto Rico. 165.730 King’s Bay, Georgia—Regulated 165.777 Security Zone; West Basin, Port Ca- navigation area. naveral Harbor, Cape Canaveral, Florida. 165.731 Safety/Security Zone: Cumberland 165.778 Security Zone; Port of Mayaguez, Sound, Georgia and St. Marys River En- Puerto Rico. trance Channel. 165.779 Regulated Navigation Area; Colum- 165.749 Security Zone: Escorted Vessels, Sa- bus Day Weekend, Biscayne Bay, Miami, vannah, Georgia, Captain of the Port FL. Zone. EIGHTH COAST GUARD DISTRICT 165.751 Security Zone: LNG mooring slip, Savannah River, Savannah, Georgia. 165.T08–0080 Safety Zone; Cincinnati Reds 165.752 Sparkman Channel, Tampa, Flor- Fireworks Displays Ohio River, Mile ida—regulated navigation area. 470.1–470.4, Cincinnati, OH. 165.753 Regulated navigation area; Tampa 165.T08–0238 Safety Zone; Cincinnati Sym- Bay, Florida. phony Orchestra Fireworks Displays 165.754 Safety Zone: San Juan Harbor, San Ohio River, Mile 460.9–461.3, Cincinnati, Juan, PR. OH. 165.755 Safety Zone: Guayanilla, Puerto 165.T08–0698 Safety Zone; Port of Galveston, Rico. Pelican Island Bridge Repair. 165.756 Regulated Navigation Area; Savan- 165.T08–0994 Security Zone; Mississippi nah River, Georgia. River, New Orleans, LA. 165.801 Annual fireworks displays and other 165.757 Safety Zones; Ports of Ponce, events in the Eighth Coast Guard Dis- Tallaboa, and Guayanilla, Puerto Rico trict requiring safety zones. and Limetree Bay, St. Croix, U.S.V.I. 165.802 Lower Mississippi River, vicinity of 165.758 Security Zone; San Juan, Puerto Old River Control Structure—Safety Rico. Zone. 165.759 Security Zones; Ports of Jackson- 165.803 Mississippi River—regulated naviga- ville, Fernandina, and Canaveral, Flor- tion area. ida. 165.804 Snake Island, Texas City, Texas; 165.760 Security Zones; Tampa Bay, Port of mooring and fleeting of vessels—safety Tampa, Port of Saint Petersburg, Port zone. Manatee, Rattlesnake, Old Port Tampa, 165.805 Security Zones; Calcasieu River and Big Bend, Weedon Island, and Crystal Ship Channel, Louisiana. River, Florida. 165.806 Sabine Neches Waterway, Texas— 165.761 Security Zones; Port of Palm Beach, regulated navigation area. Port Everglades, Port of Miami, and Port 165.807 Calcasieu River, Louisiana—regu- of Key West, Florida. lated navigation area. 165.762 Security Zone; St. Thomas, U.S. Vir- 165.808 Corpus Christi Ship Channel, Corpus gin Islands. Christi, TX, safety zone. 165.763 Moving and Fixed Security Zone, 165.809 Security Zones; Port of Port Lavaca- Port of Fredericksted, Saint Croix, U.S. Point Comfort, Point Comfort, TX and Virgin Islands. Port of Corpus Christi Inner Harbor, Cor- 165.764 [Reserved] pus Christi, TX.

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165.810 Mississippi River, LA-regulated 165.903 Safety Zones: Cuyahoga River and navigation area. Old River, Cleveland, OH. 165.811 Atchafalaya River, Berwick Bay, 165.904 Lake Michigan at Chicago Harbor & LA-regulated navigation area. Burnham Park Harbor—Safety and Secu- 165.812 Security Zones; Lower Mississippi rity Zone. River, Southwest Pass Sea Buoy to Mile 165.905 USX Superfund Site Safety Zones: Marker 96.0, New Orleans, LA. St. Louis River. 165.813 Security Zones; Ports of Houston 165.906 Lakeside Yacht Club in Cleveland and Galveston, TX. Harbor, Cleveland, OH—regulated navi- 165.814 Security Zones; Captain of the Port gation areas. Houston-Galveston Zone. 165.907 [Reserved] 165.815 Ohio River at Louisville, KY; regu- 165.909 [Reserved] lated navigation area. 165.910 Security Zones; Captain of the Port 165.817 Arkansas River, Mile 118.2 to 125.4, Lake Michigan. Little Rock Arkansas—regulated naviga- 165.911 Security Zones; Captain of the Port tion area. Buffalo Zone. 165.818 Moving Security Zones, for certain 165.912 Security Zone; Lake Erie, Perry, vessels in Freeport Entrance Channel, OH. Freeport, Texas. 165.914 [Reserved] 165.915 Security zones; Captain of the Port 165.819 Security Zone; Sabine Bank Chan- Detroit. nel, Sabine Pass Channel and Sabine- 165.916 Security Zones; Captain of the Port Neches Waterway, TX. Milwaukee Zone, Lake Michigan. 165.820 Security Zone; Ohio River, Mile 34.6 165.918 Safety Zones; Annual events requir- to 35.1, Shippingport, Pennsylvania. ing safety zones in the Captain of the 165.821 Ohio River at Cincinnati, OH; regu- Port Sault Sainte Marie zone. lated navigation area. 165.920 Regulated Navigation Area: USCG 165.822 Safety Zone; Fireworks Display, Station Port Huron, Port Huron, MI, Kanawha River, WV. Lake Huron. 165.825 Security Zones; Captain of the Port 165.921 Regulated Navigation Area; Report- St. Louis, Missouri. ing Requirements for Barges Loaded with 165.827 Regulated Navigation Area; Gal- Certain Dangerous Cargoes, Illinois Wa- veston Channel, TX. terway System located within the Ninth 165.830 Regulated Navigation Area; Report- Coast Guard District. ing Requirements for Barges Loaded with 165.923 Safety Zone and Regulated Naviga- Certain Dangerous Cargoes, Inland Riv- tion Area, Chicago Sanitary and Ship ers, Eighth Coast Guard District. Canal, Romeoville, IL. 165.835 Security Zone; Port of Mobile, Mo- 165.927 Safety Zone; St. Louis River, Du- bile Ship Channel, Mobile, AL. luth/Interlake Tar Remediation Site, Du- 165.836 Security Zone; Escorted Vessels, Mo- luth, MN. bile, Alabama, Captain of the Port. 165.928 Security Zone; Mackinac Bridge, 165.837 Safety Zone; Invista Inc Facility Straits of Mackinac, Michigan. Docks, Victoria Barge Canal, Victoria, 165.929 Safety Zones; Annual events requir- Texas. ing safety zones in the Captain of the 165.838 Regulated Navigation Area; Gulf In- Port Lake Michigan zone. tracoastal Waterway, Inner Harbor Navi- 165.930 Safety Zone, Brandon Road Lock gation Canal, New Orleans, LA. and Dam to Lake Michigan including Des 165.839 Safety zone; large cruise ships; Plaines River, Chicago Sanitary and Ship Lower Mississippi River, Southwest Pass Canal, Chicago River, and Calumet- Sea Buoy to Mile Marker 96.0, New Orle- Saganashkee Channel, Chicago, IL. ans, LA. 165.931 Safety Zone, Chicago Harbor, Navy 165.840 Regulated Navigation Area, Gulf of Pier Southeast, Chicago, IL. Mexico: Mississippi Canyon Block 20, 165.933 Safety Zone, Chicago Harbor, Navy South of New Orleans, LA. Pier East, Chicago, IL. 165.841 Safety Zone; Barge Launches; Gulf- 165.935 Safety Zone, Milwaukee Harbor, Mil- port Lake; Gulfport, MS. waukee, WI. 165.939 Safety Zones; Annual Fireworks NINTH COAST GUARD DISTRICT Events in the Captain of the Port Buffalo 165.T09–0140 Safety Zone; USA Triathlon, Zone. Milwaukee Harbor, Milwaukee, Wis- 165.941 Safety Zones; Annual Events in the consin. Captain of the Port Detroit Zone. 165.T09–0971 Safety zone; overhead cable re- 165.943 Annual events requiring safety zones placement, Maumee River, Toledo, OH. in the Captain of the Port Duluth zone. 165.901 Great Lakes—regulated navigation ELEVENTH COAST GUARD DISTRICT areas. 165.902 Niagara River at Niagara Falls, New 165.T11–504 Safety zone; Independence Day York—safety zone. Fireworks Celebration for the City of

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Richmond, Richmond Inner Harbor, cisco Bay and Delta Ports, Monterey Bay Richmond, CA. and Humboldt Bay, California. 165.T11–589 Safety zone; SFOBB Demolition 165.1184 Safety Zone; Coast Guard Use of Safety Zone, San Francisco, CA. Force Training Exercises, San Pablo 165.T11–630 Safety zone; Giants Enterprises Bay, CA. Fireworks Display, San Francisco Bay, 165.1185 Regulated Navigation Area; San San Francisco, CA. Francisco Bay, San Pablo Bay, Carquinez 165.1101 Security Zone: San Diego Bay, CA. Strait, Suisun Bay, Sacramento River, 165.1102 Security Zone; Naval Base Point San Joaquin River, and connecting Loma; San Diego Bay, CA. waters in California. 165.1103 Security Zone; Naval Mine Anti 165.1187 Security Zones; Golden Gate Bridge Submarine Warfare Command; San Diego and the San Francisco-Oakland Bay Bay, San Diego, CA. Bridge, San Francisco Bay, California. 165.1104 Security Zone: San Diego Bay, CA. 165.1190 Security Zone; San Francisco Bay, 165.1105 Security Zone: San Diego Bay, Cali- Oakland Estuary, Alameda, CA. fornia. 165.1191 Northern California and Lake 165.1106 San Diego Bay, California—safety Tahoe Area Annual Fireworks Events. zone. 165.1192 Security Zones; Waters surrounding 165.1107 San Diego Bay, California. San Francisco International Airport and 165.1108 Security Zones; Cruise Ships, Port Oakland International Airport, San of San Diego, California. Francisco Bay, California. 165.1110 Security Zone: Coronado Bay 165.1195 Regulated Navigation Area; Hum- Bridge, San Diego, CA. boldt Bay Bar Channel and Humboldt 165.1120 Security Zone; Naval Amphibious Bay Entrance Channel, Humboldt Bay, Base, San Diego, CA. California. 165.1121 [Reserved] 165.1197 Security Zones; San Francisco Bay, 165.1122 San Diego Bay, Mission Bay and San Pablo Bay, Carquinez Strait, Suisun their Approaches—Regulated navigation Bay, California. area. 165.1198 Safety zone; Military Ocean Ter- 165.1123 Southern California Annual Fire- minal Concord Safety Zone, Suisun Bay, work Events for the San Diego Captain Military Ocean Terminal Concord, CA. of the Port Zone. 165.1199 Security Zones; Military Ocean 165.1124 Annual Firework Events on the Col- Terminal Concord (MOTCO), Concord, orado River, between Davis Dam (Bull- California. head City, Arizona) and Headgate Dam (Parker, Arizona) within the San Diego TWELFTH COAST GUARD DISTRICT Captain of Port Zone. 165.1201 Safety Zone; Old Mormon Slough, 165.1125 Southern California Annual Fire- Stockton California. work Events for the Los Angeles Long Beach Captain of the Port zone. THIRTEENTH COAST GUARD DISTRICT 165.1131 Security Zone: Wilson Cove, San Clemente Island, California. 165.T13–207 Safety Zones; Sellwood Bridge 165.1141 Safety Zone; San Clemente 3 NM project, Willamette River; Portland, OR. Safety Zone, San Clemente Island, CA. 165.T13–209 Safety Zones; TriMet Bridge 165.1151 Security Zones; liquefied hazardous Project, Willamette River; Portland, OR. gas tank vessels, San Pedro Bay, Cali- 165.T13–239 Safety Zone; Grain-Shipment fornia. Vessels and Grain-Shipment Assist Ves- 165.1152 San Pedro Bay, California—Regu- sels, Columbia and Willamette Rivers. lated navigation area. 165.T13–240 Safety Zones; Pacific Northwest 165.1154 Security Zones; Cruise Ships, San Grain Handlers Association Facilities; Pedro Bay, California. Columbia and Willamette Rivers. 165.1155 Security Zone; Diablo Canyon Nu- 165.1301 Puget Sound and Adjacent Waters clear Power Plant, Avila Beach, Cali- in Northwestern Washington—Regulated fornia. Navigation Area. 165.1156 Safety Zone; Offshore Marine Ter- 165.1302 Bangor Naval Submarine Base, minal, El Segundo, CA. Bangor, WA. 165.1157 Security Zone; Cruise Ships, Santa 165.1303 Puget Sound and adjacent waters, Barbara, California. WA—regulated navigation area. 165.1171 Copper Canyon, Lake Havasu, Colo- 165.1305 Commencement Bay, Tacoma, WA. rado River—Regulated Navigation Area. 165.1307 Elliott Bay, Seattle, WA. 165.1181 San Francisco Bay Region, Cali- 165.1308 Columbia River, Vancouver WA. fornia—regulated navigation area. 165.1309 Eagle Harbor, Bainbridge Island, 165.1182 Safety/Security Zone: San Fran- WA. cisco Bay, San Pablo Bay, Carquinez 165.1310 Strait of Juan de Fuca and adjacent Strait, and Suisun Bay, CA. coastal waters of Northwest Washington; 165.1183 Security Zones; tankers, cruise Makah Whale Hunting—Regulated Navi- ships, and High Value Assets, San Fran- gation Area.

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165.1311 Olympic View Resource Area, Ta- 165.1336 Regulated Navigation Area; Pacific coma, WA. Sound Resources and Lockheed Shipyard 165.1312 Security Zone; Portland Rose Fes- Superfund Sites, Elliott Bay, Seattle, tival on Willamette River. WA. 165.1313 Security zone regulations, tank 165.1337 Regulated Navigation Area, Zidell ship protection, Puget Sound and adja- Waterfront Property, Willamette River, cent waters, Washington OR. 165.1314 Safety Zone; Fort Vancouver Fire- 165.1339 Safety Zone; Coast Guard Exercise works Display, Columbia River, Van- Area, Hood Canal, Washington. couver, Washington. 165.1315 Safety Zones: Fireworks displays in FOURTEENTH COAST GUARD DISTRICT the Captain of the Port Columbia River 165.14–1414 Safety Zones; Hawaiian Islands Zone. Commercial Harbors; HI. 165.1316 Safety Zone; Columbia River, 165.1401 Apra Harbor, Guam—safety zones. Astoria, Oregon. 165.1402 Apra Outer Harbor, Guam—regu- 165.1317 Security and Safety Zone; Large lated navigation area. Passenger Vessel Protection, Puget 165.1403 Security Zones; Tinian, Common- Sound and adjacent waters, Washington. wealth of the Northern Mariana Islands. 165.1318 Security and Safety Zone Regula- 165.1404 Apra Harbor, Guam—security zone. tions, Large Passenger Vessel Protec- 165.1405 Regulated Navigation Areas and Se- tion, Captain of the Port Columbia River curity Zones; Designated Escorted Ves- Zone. sels-Philippine Sea and Apra Harbor, 165.1319 Safety Zone Regulations, Seafair Guam (including Cabras Island Channel), Blue Angels Air Show Performance, Se- and Tanapag Harbor, Saipan, Common- attle, WA. wealth of the Northern Mariana Islands 165.1321 Security Zone; Protection of Mili- (CNMI). tary Cargo, Captain of the Port Zone 165.1406 Safety Zone: Pacific Missile Range Puget Sound, WA. Facility (PMRF), Barking Sands, Island 165.1322 Regulated Navigation Area: Wil- of Kauai, Hawaii. lamette River Portland, Captain of the 165.1407 Security Zones; Oahu, HI. Port Columbia River Zone. 165.1408 Security Zones; Maui, HI. 165.1323 Regulated Navigation Area: Wil- 165.1409 Security Zones; Hawaii, HI. lamette River Captain of the Port Co- 165.1410 Security Zones; Kauai, HI. lumbia River Zone. 165.1411 Security Zone; waters surrounding 165.1324 Safety and Security Zone; Cruise U.S. Forces vessel SBX–1, HI. Ship Protection, Elliott Bay and Pier-91, 165.1412 Security Zone; escorted U.S. Navy Seattle, Washington. submarines in Sector Honolulu Captain 165.1325 Regulated Navigation Areas; Bars of the Port Zone. Along the Coasts of Oregon and Wash- 165.1413 Regulated navigation area; South- ington. ern Oahu Tsunami Evacuation; Honolulu, 165.1326 Regulated Navigation Areas; Port Hawaii. of Portland Terminal 4, Willamette River, Portland, OR. SEVENTEENTH COAST GUARD DISTRICT 165.1327 Security Zone; escorted U.S. Navy submarines in Sector Seattle Captain of 165.1701 Port Valdez, Valdez, Alaska—safety the Port Zone. zone. 165.1328 Regulated Navigation Area; U.S. 165.1702 Gastineau Channel, Juneau, Alas- Navy submarines, Hood Canal, WA. ka—safety zone. 165.1329 Regulated Navigation Area; Thea 165.1703 Ammunition Island, Port Valdez, Foss and Wheeler-Osgood Waterways Alaska. EPA Superfund Cleanup Site, Com- 165.1704 Prince William Sound, Alaska-regu- mencement Bay, Tacoma, WA. lated navigation area. 165.1330 Safety Zone; Fleet Week Maritime 165.1706 Gastineau Channel, Juneau, Alas- Festival, Pier 66, Elliott Bay, Seattle, ka—Safety Zone. Washington. 165.1708 Tongass Narrows, Ketchikan, Alas- 165.1332 Safety Zones; annual firework dis- ka—Safety Zone. plays within the Captain of the Port, 165.1709 Security Zones: Liquefied Natural Puget Sound Area of Responsibility. Gas Tanker Transits and Operations at 165.1333 Security Zones, Seattle’s Seafair Phillips Petroleum LNG Pier, Cook Inlet, Fleet Week moving vessels, Puget Sound, AK. WA. 165.1710 Port Valdez and Valdez Narrows, 165.1334 Security Zone; U.S. Coast Guard Valdez, Alaska—security zones. BSU Seattle, Pier 36, Elliot Bay, Seattle, 165.1711 Security Zones; Waters of the Sev- WA. enteenth Coast Guard District 165.1335 Security Zone; Vessels Carrying 165.1712 Safety Zones; Annual Independence Hazardous Cargo, Sector Columbia River Day Firework Displays, Skagway, Captain of the Port Zone. Haines, and Wrangell, AK.

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Subpart G—Protection of Naval Vessels § 165.5 Establishment procedures. 165.2010 Purpose. (a) A safety zone, security zone, or 165.2015 Definitions. regulated navigation area may be es- 165.2020 Enforcement authority. tablished on the initiative of any au- 165.2025 Atlantic Area. thorized Coast Guard official. 165.2030 Pacific Area. (b) Any person may request that a AUTHORITY: 33 U.S.C. 1231; 46 U.S.C. Chap- safety zone, security zone, or regulated ter 701, 3306, 3703; 50 U.S.C. 191, 195; 33 CFR navigation area be established. Except 1.05–1, 6.04–1, 6.04–6, and 160.5; Pub. L. 107–295, as provided in paragraph (c) of this sec- 116 Stat. 2064; Department of Homeland Se- tion, each request must be submitted curity Delegation No. 0170.1. in writing to either the Captain of the SOURCE: CGD 79–034, 47 FR 29660, July 8, Port or District Commander having ju- 1982, unless otherwise noted. risdiction over the location as described 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 36328, 36329, July 2, 2007. (1) The name of the person submitting the request; (2) The location and boundaries of Subpart A—General the safety zone, security zone, or regulated navigation area; § 165.1 Purpose of part. (3) The date, time, and duration that The purpose of this part is to: the safety zone, security zone, or regu- (a) Prescribe procedures for estab- lated navigation area should be establishing different types of limited or lished; controlled access areas and regulated (4) A description of the activities navigation areas; planned for the safety zone, security (b) Prescribe general regulations for zone, or regulated navigation area; different types of limited or controlled (5) The nature of the restrictions or access areas and regulated navigation conditions desired; and areas; (6) The reason why the safety zone, (c) Prescribe specific requirements security zone, or regulated navigation for established areas; and area is necessary. (d) List specific areas and their (c) Safety Zones and Security Zones. boundaries. If, for good cause, the request for a safety zone or security zone is made § 165.3 Definitions. less than 5 working days before the The following definitions apply to zone is to be established, the request this part: may be made orally, but it must be followed by a written request within 24 Credential means any or all of the fol- hours. lowing: (1) Merchant mariner’s document. (Requests for safety zones, security zones, (2) Merchant mariner’s license. and regulated navigation areas are approved (3) STCW endorsement. by the Office of Management and Budget under control number 1625–0020) (4) Certificate of registry. (5) Merchant mariner credential. [CGD 79–034, 47 FR 29660, July 8, 1982, as Merchant mariner credential or MMC amended by CGD 79–026, 48 FR 35408, Aug. 4, 1983; USCG–2006–25150, 71 FR 39211, July 12, means the credential issued by the 2006] Coast Guard under 46 CFR part 10. It combines the individual merchant § 165.7 Notification. mariner’s document, license, and cer- (a) The establishment of these lim- tificate of registry enumerated in 46 ited access areas and regulated naviga- U.S.C. subtitle II part E as well as the tion areas is considered rulemaking. STCW endorsement into a single cre- The procedures used to notify persons dential that serves as the mariner’s of the establishment of these areas qualification document, certificate of vary depending upon the circumstances identification, and certificate of serv- and emergency conditions. Notification ice. may be made by marine broadcasts, [USCG–2006–24371, 74 FR 11213, Mar. 16, 2009] local notice to mariners, local news

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media, distribution in leaflet form, and U.S.C. 191–195, and sec. 104 the Mari- on-scene oral notice, as well as publica- time Transportation Security Act of tion in the FEDERAL REGISTER. 2002 (Pub. L. 107–295, 116 Stat. 2064). Se- (b) Notification normally contains curity zones established under either 33 the physical boundaries of the area, the U.S.C. 1226 or 50 U.S.C. 191 may be es- reasons for the rule, its estimated du- tablished in waters subject to the juris- ration, and the method of obtaining au- diction of the United States as defined thorization to enter the area, if appli- in § 2.38 of this chapter, including the cable, and special navigational rules, if territorial sea to a seaward limit of 12 applicable. nautical miles from the baseline. (c) Notification of the termination of (d) Naval vessel protection zones. These the rule is usually made in the same zones are issued under the authority of form as the notification of its estab- 14 U.S.C. 91 and 633 and may be establishment. lished in waters subject to the jurisdiction of the United States as defined in § 165.8 Geographic coordinates. § 2.38 of this chapter, including the ter- Geographic coordinates expressed in ritorial sea to a seaward limit of 12 terms of latitude or longitude, or both, nautical miles from the baseline. are not intended for plotting on maps [USCG–2001–9044, 68 FR 42602, July 18, 2003, as or charts whose referenced horizontal amended by USCG–2006–25411, 71 FR 54421, datum is the North American Datum of Sept. 15, 2006] 1983 (NAD 83), unless such geographic coordinates are expressly labeled NAD 83. Geographic coordinates without the Subpart B—Regulated Navigation NAD 83 reference may be plotted on Areas maps or charts referenced to NAD 83 only after application of the appro- § 165.10 Regulated navigation areas. priate corrections that are published A regulated navigation area is a on the particular map or chart being water area within a defined boundary used. for which regulations for vessels navi- [CGD 86–082, 52 FR 33811, Sept. 8, 1987] gating within the area have been established under this part. § 165.9 Geographic application of limited and controlled access areas § 165.11 Vessel operating requirements and regulated navigation areas. (regulations). (a) General. The geographic applica- Each District Commander may con- tion of the limited and controlled ac- trol vessel traffic in an area which is cess areas and regulated navigation determined to have hazardous condi- areas in this part are determined based tions, by issuing regulations: on the statutory authority under which (a) Specifying times of vessel entry, each is created. movement, or departure to, from, with- (b) Safety zones and regulated naviga- in, or through ports, harbors, or other tion areas. These zones and areas are waters; created under the authority of the (b) Establishing vessel size, speed, Ports and Waterways Safety Act, 33 draft limitations, and operating condi- U.S.C. 1221–1232. Safety zones estab- tions; and lished under 33 U.S.C. 1226 and regu- (c) Restricting vessel operation, in a lated navigation areas may be estab- hazardous area or under hazardous con- lished in waters subject to the jurisdic- ditions, to vessels which have par- tion of the United States as defined in ticular operating characteristics or ca- § 2.38 of this chapter, including the ter- pabilities which are considered nec- ritorial sea to a seaward limit of 12 essary for safe operation under the cir- nautical miles from the baseline. cumstances. (c) Security zones. These zones have two sources of authority—the Ports [CGD 79–026, 48 FR 35408, Aug. 4, 1983] and Waterways Safety Act, 33 U.S.C. 1221–1232, and the Act of June 15, 1917, § 165.13 General regulations. as amended by both the Magnuson Act (a) The master of a vessel in a regu- of August 9, 1950 (‘‘Magnuson Act’’), 50 lated navigation area shall operate the

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vessel in accordance with the regula- injury from sabotage or other subver- tions contained in Subpart F. sive acts, accidents, or other causes of (b) No person may cause or authorize a similar nature: the operation of a vessel in a regulated (1) Vessels, navigation area contrary to the regula- (2) Harbors, tions in this part. (3) Ports, and (4) Waterfront facilities: Subpart C—Safety Zones in the United States and all territory § 165.20 Safety zones. and water, continental or insular, that is subject to the jurisdiction of the A Safety Zone is a water area, shore United States. area, or water and shore area to which, for safety or environmental purposes, § 165.33 General regulations. access is limited to authorized persons, vehicles, or vessels. It may be sta- Unless otherwise provided in the spe- tionary and described by fixed limits or cial regulations in Subpart F of this it may be described as a zone around a part: vessel in motion. (a) No person or vessel may enter or remain in a security zone without the § 165.23 General regulations. permission of the Captain of the Port; Unless otherwise provided in this (b) Each person and vessel in a secu- part: rity zone shall obey any direction or (a) No person may enter a safety zone order of the Captain of the Port; unless authorized by the COTP or the (c) The Captain of the Port may take District Commander; possession and control of any vessel in (b) No person may bring or cause to the security zone; be brought into a safety zone any vehi- (d) The Captain of the Port may re- cle, vessel, or object unless authorized move any person, vessel, article, or by the COTP or the District Com- thing from a security zone; mander; (e) No person may board, or take or (c) No person may remain in a safety place any article or thing on board, zone or allow any vehicle, vessel, or ob- any vessel in a security zone without ject to remain in a safety zone unless authorized by the COTP or the District the permission of the Captain of the Commander; and Port; and (d) Each person in a safety zone who (f) No person may take or place any has notice of a lawful order or direc- article or thing upon any waterfront tion shall obey the order or direction of facility in a security zone without the the COTP or District Commander permission of the Captain of the Port. issued to carry out the purposes of this subpart. Subpart E—Restricted Waterfront Areas Subpart D—Security Zones § 165.40 Restricted waterfront areas. § 165.30 Security zones. The Commandant, may direct the (a) A security zone is an area of land, COTP to prevent access to waterfront water, or land and water which is so facilities, and port and harbor areas, designated by the Captain of the Port including vessels and harbor craft or District Commander for such time therein. This section may apply to per- as is necessary to prevent damage or sons who do not possess the credentials injury to any vessel or waterfront fa- outlined in § 125.09 of this chapter when cility, to safeguard ports, harbors, ter- certain shipping activities are con- ritories, or waters of the United States or to secure the observance of the ducted that are outlined in § 125.15 of rights and obligations of the United this chapter. States. (b) The purpose of a security zone is to safeguard from destruction, loss, or

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Subpart F—Specific Regulated form vessel operators of this regula- Navigation Areas and Limited tion. Access Areas (3) During periods of enforcement, entry and movement within the RNA is FIRST COAST GUARD DISTRICT subject to a ‘‘Slow-No Wake’’ speed limit. Vessels may not produce a wake § 165.T01–0174 Regulated Navigation and may not attain speeds greater than Area; Tappan Zee Bridge Construc- five knots unless a higher minimum tion Project, Hudson River; South speed is necessary to maintain steer- Nyack and Tarrytown, NY. ageway when traveling with a strong (a) Boundaries. The following is a reg- current. All vessels must proceed ulated navigation area; all waters through the area with caution and op- north of a line drawn from the fol- erate in such a manner as to produce lowing approximate positions: no wake. 41°04′17.37″ N, 073°55′13.16″ W on the (4) During periods of enforcement, all western shoreline; thence to 41°04′10.97″ persons and vessels must comply with N, 073°55′05.05″ W; thence to 41°04′10.03″ all orders and directions from the N, 073°55′03.42″ W; thence to 41°04′07.14″ COTP or the COTP’s on-scene rep- N, 073°54′54.48″ W; thence to 41°04′05.30″ resentative. N, 073°54′43.18″ W; thence to 41°04′04.72″ (5) During periods of enforcement, N, 073°52′22.52″ W; thence to 41°04′02.52″ upon being hailed by a Coast Guard N, 073°52′16.13″ W; thence to 41°03′59.74″ vessel by siren, radio, flashing light or N, 073°52′10.83″ W; thence to a point on other means, the operator of the vessel the eastern shoreline at 41°03′54.39″ N, must proceed as directed. 073°52′03.26″ W; and all waters south of a (6) Vessel operators desiring to enter line drawn from the following approxi- or operate within the regulated area mate positions: 41°04′34.79″ N, when it is closed shall contact the 073°55′03.26″ W on the western shoreline; COTP or the on-scene representative thence to 41°04′33.62″ N, 073°55′01.52″ W; via VHF channel 16 or 718–354–4353 (Sec- thence to 41°04′26.14″ N, 073°54′53.96″ W; tor New York Command Center) to ob- thence to 41°04′23.76″ N, 073°54′50.57″ W; tain permission. thence to 41°04′21.58″ N, 073°54′43.77″ W; (7) Notwithstanding anything con- thence to 41°04′20.96″ N, 073°52′20.17″ W; tained in this section, the Rules of the thence to 41°04′20.31″ N, 073°52′15.83″ W; Road (33 CFR part 84—Subchapter E, thence to 41°04′16.76″ N, 073°52′04.52″ W; inland navigational rules) are still in thence to a point on the eastern shore- effect and must be strictly adhered to line at 41°04′13.84″ N, 073°51′59.44″ W. at all times. (b) Regulations. (1) The general regu- (c) Enforcement periods. This regula- lations contained in 33 CFR 165.10, tion is enforceable 24 hours a day from 165.11, and 165.13 apply within the RNA. 5:00 a.m. on September 15, 2013 until (2) In accordance with the general 11:59 p.m. on December 31, 2018. regulations, entry into, anchoring, or (1) Notice of suspension of enforce- movement within the RNA, during pe- ment: If enforcement is suspended, the riods of enforcement, is prohibited un- COTP will cause a notice of the suspen- less authorized by the Captain of the sion of enforcement by all appropriate Port New York (COTP) or his on-scene means to be given the widest publicity representative. The ‘‘on-scene rep- among the affected segments of the resentative’’ of the COTP is any Coast public. Such means of notification may Guard commissioned, warrant or petty include, but are not limited to, Broad- officer who has been designated by the cast Notice to Mariners and Local No- COTP to act on the COTP’s behalf. The tice to Mariners. Such notification will on-scene representative may be on a include the date and time that enforce- Coast Guard vessel; New York State ment is suspended as well as the date Police, or other designated craft; or and time that enforcement will re- may be on shore and will communicate sume. with vessels via VHF–FM radio or (2) Violations of this RNA may be re- loudhailer. Members of the Coast ported to the COTP at 718–354–4353 or Guard Auxiliary may be present to in- on VHF-Channel 16.

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EFFECTIVE DATE NOTE: By USCG–2013–0705, (7) All other relevant regulations, in- 78 FR 59234, Sept. 26, 2013, temporary cluding but not limited to the Rules of § 165.T01–0174 was added, effective Sept. 26, the Road (33 CFR part 84—Subchapter 2013, until 11:59 p.m. on Dec. 31, 2018. E, Inland Navigational Rules) remain in effect within the regulated area and § 165.T01–0329 Regulated Navigation Area; Maine Kennebec Bridge Con- must be strictly followed at all times. struction and Removal, Kennebec (c) Enforcement period. This regula- River, Richmond, ME. tion is enforceable 24 hours a day from 5:00 a.m. on September 1, 2013 until (a) Location. The following area is a 11:59 p.m. on December 31, 2016. Regulated Navigation Area (RNA): All (1) Prior to commencing or sus- navigable waters, surface to bottom, on pending enforcement of this regulation, the Kennebec River within a 300 yard the COTP will give notice by appro- radius of position 44°05’27’’ N, 069°46’57’’ priate means to inform the affected W in the vicinity of the Maine Ken- segments of the public, to include dates nebec River Bridge between Richmond, and times. Such means of notification ME and Dresden, ME. will include constructive notice by (b) Regulations. (1) The general regu- publication in the FEDERAL REGISTER, lations contained in 33 CFR 165.11 and actual notice, as well as Broadcast No- 165.13 apply within the RNA. tice to Mariners and Local Notice to (2) In accordance with the general Mariners. regulations, entry into or movement (2) Violations of this RNA may be re- within this zone, during periods of en- ported to the COTP at 207–767–0303 or forcement, is prohibited unless author- on VHF-Channel 16. ized by the COTP Sector Northern New England. EFFECTIVE DATE NOTE: By USCG–2013–0329, (3) Persons and vessels may request 78 FR 53671, Aug. 30, 2013, temporary § 165.T01–0329 was added, effective from Sept. permission to enter the RNA during pe- 1, 2013, through Dec. 31, 2016. riods of enforcement by contacting the COTP or the COTP’s on-scene rep- § 165.T01–0471 Safety Zone; Belt Park- resentative on VHF–16 or via phone at way Bridge Construction, Gerritsen 207–767–0303. Inlet, Brooklyn, NY. (4) During periods of enforcement, a (a) Location. The following area is a speed limit of six (6) knots will be in ef- safety zone: All navigable waters of fect within the regulated area. All ves- Gerritsen Inlet: Southeast of a line sels must proceed through the area from 40°35′09.46″ N, 073°54′53.92″ W to with caution and operate in such a 40°35′10.0″ N, 073°54′44.5″ W and North- manner as to produce no wake. west of a line from 40°35′04.88″ N, (5) Vessels must comply with all di- 073°54′45.43″ W to 40°35′10.34″ N, rections given to them by the COTP or 073°54′35.71″ W (NAD 83). the COTP’s on-scene representative. (b) Definitions. The following defini- The ‘‘on-scene representative’’ of the tions apply to this section: COTP is any Coast Guard commis- (1) Designated representative. A ‘‘des- sioned, warrant or petty officer who ignated representative’’ is any Coast has been designated by the COTP to Guard commissioned, warrant or petty act on the COTP’s behalf. The on-scene officer of the U.S. Coast Guard who has representative may be on a Coast been designated by the Captain of the Guard vessel; Maine State Police, Port New York (COTP), to act on his or Maine Marine Patrol or other des- her behalf. The designated representa- ignated craft; or may be on shore and tive may be on an official patrol vessel communicating with vessels via VHF– or may be on shore and will commu- FM radio or loudhailer. Members of the nicate with vessels via VHF–FM radio Coast Guard Auxiliary may be present or loudhailer. In addition, members of to inform vessel operators of this regu- the Coast Guard Auxiliary may be lation. present to inform vessel operators of (6) Upon being hailed by a U.S. Coast this regulation. Guard vessel by siren, radio, flashing (2) Official patrol vessels. Official pa- light or other means, the operator of trol vessels may consist of any Coast the vessel must proceed as directed. Guard, Coast Guard Auxiliary, state, or

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local law enforcement vessels assigned to point ‘‘8’’ 41°20′27.2″ N, 072°05′15″ W or approved by the COTP. then northwest to point ‘‘9’’ 41°20′29.5″ (c) Enforcement periods. (1) This regu- N, 072°05′17″ W then west to point ‘‘10’’ lation is enforceable 24 hours a day 41°20′29.5″ N, 072°05′30″ W then north- from April 30, 2014 through September west to point ‘‘11’’ 41°20′31″ N, 072°05′34″ 30, 2017. W; bounded to the west by following (2) Prior to commencing or sus- the shoreline north from point ‘‘11’’ pending enforcement of this regulation, back to the start, point ‘‘1’’. the COTP and designated on-scene pa- (b) Regulations. (1) The general regu- trol personnel will notify the public lations contained in 33 CFR 165.10, whenever the regulation is being en- 165.11, and 165.13 apply. forced and whenever enforcement is (2) In accordance with the general lifted, to include dates and times. The regulations, entry into, anchoring, or means of notification will include, but movement within this zone, during pe- are not limited to, Broadcast Notice to riods of enforcement, is prohibited un- Mariners and Local Notice to Mariners, less authorized by the Captain of the Marine Safety Information Bulletins, Port Long Island Sound (COTP) or the or other appropriate means. COTP’s designated representative. (d) Regulations. (1) The general regu- (3) During periods of enforcement, a lations contained in 33 CFR 165.23, as ‘‘Slow-No-Wake’’ speed limit will be in well as the following regulations, effect. Vessels may not produce more apply. than a minimum wake and may not at- (2) During periods of enforcement, all tain speeds greater than six knots un- persons and vessels must comply with less a higher minimum speed is nec- all orders and directions from the essary to maintain steerageway when COTP or a COTP’s designated rep- traveling with a strong current. In no resentative. case may the wake produced by the (3) During periods of enforcement, vessel be such that it would create a upon being hailed by a U.S. Coast danger of injury to persons, or damage Guard vessel by siren, radio, flashing to vessels or structures. light, or other means, the operator of (4) During periods of enforcement, the vessel must proceed as directed. SECURITE calls must be made by all persons and vessels conducting crane EFFECTIVE DATE NOTE: By USCG–2013–0471, 79 FR 26851, May 12, 2014, temporary or dive operations. § 165.T01–0471 was added, effective from May (5) During periods of enforcement, all 12, 2014 until Sept. 30, 2017. persons and vessels must comply with all orders and directions from the § 165.T01–0623 Regulated Navigation COTP or the COTP’s designated rep- Area: Thames River New London, resentative. CT. (6) During periods of enforcement, (a) Location. The following area is a upon being hailed by a U.S. Coast regulated navigation area: All navi- Guard vessel by siren, radio, flashing gable waters of the Thames River adja- light or other means, the operator of cent to Fort Trumbull State Park in the vessel must proceed as directed. New London, CT, from surface to bot- (7) Persons and vessels may request tom bounded to the north by a line permission to enter the zone during pe- connecting the following points: Point riods of enforcement on VHF–16 or via ‘‘1’’, 41°20′40″ N, 072°05′32″ W east to phone at 203–468–4401. point ‘‘2’’, 41°20′40″ N, 072°05′15″ W then (8) Notwithstanding anything con- southeast to point ‘‘3’’, 41°20′31.8″ N, tained in this rule, the Rules of the 072°05′03″ W then south to point ‘‘4’’, Road (33 CFR Part 84—Subchapter E, 41°20′28″ N, 072°05′03″ W then east to inland navigational rules) are still in point ‘‘5’’, 41°20′30″ N, 072°04′48″ W; effect and must be strictly adhered to bounded to the east by following the at all times. shoreline south from point ‘‘5’’ to point (c) Effective period. This rule is effec- ‘‘6’’, 41°20′19″ N, 072°04′46″ W; bounded to tive until October 31, 2014. the south by a line connecting the fol- (d) Enforcement period. (1) Except lowing points: point ‘‘6’’ west to point when suspended in accordance with ‘‘7’’, 41°20′17″ N, 072°05′13″ W then north paragraph (d)(2) of this section, this

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regulated navigation area is in force 24 movement within the RNA, during pe- hours a day until October 31, 2014. riods of enforcement, is prohibited un- (2) Notice of suspension of enforce- less authorized by the Captain of the ment: The COTP may suspend enforce- Port Long Island Sound (COTP) or the ment of the regulated navigation area. COTP’s designated representative. If enforcement is suspended, the COTP (3) During periods of enforcement, will cause notice of the suspension of entry and movement within the RNA is enforcement to be made by all appro- subject to a ‘‘Slow-No Wake’’ speed priate means to the affected segments limit. Vessels may not produce more of the public. Such means of notifica- than a minimum wake and may not at- tion may include, but are not limited tain speeds greater than six knots un- to, Broadcast Notice to Mariners and less a higher minimum speed is nec- Local Notice to Mariners. Such notifi- essary to maintain steerageway when cations will include the date and time traveling with a strong current. In no that enforcement is suspended as well case may the wake produced by the as the date and time that enforcement vessel be such that it creates a danger will resume. of injury to persons, or damage to ves- (3) Violations of this regulated navi- sels or structures of any kind. gation area must be reported to the (4) During periods of enforcement, all COTP, at 203–468–4401 or on VHFs– persons and vessels must comply with Channel 16. Persons in violation of this all orders and directions from the regulated navigation area may be sub- COTP or the COTP’s designated rep- ject to civil or criminal penalties. resentative. (5) During periods of enforcement, EFFECTIVE DATE NOTE: By USCG–2012–0623, 77 FR 67568, Nov. 13, 2012, temporary upon being hailed by a Coast Guard § 165.T01–0623 was added, effective Dec. 13, vessel by siren, radio, flashing light or 2012 until Oct. 31, 2014. other means, the operator of the vessel must proceed as directed. § 165.T01–0824 Regulated Navigation (6) Persons and vessels may request Area; Housatonic River Bridge Re- permission to enter the RNA during pe- placement Operations; Stratford, riods of closure on VHF–16 or via phone CT. at 203–468–4401. (a) Location. The following area is a (7) Notwithstanding anything con- regulated navigation area (RNA): All tained in this rule, the Rules of the navigable waters of the Housatonic Road (33 CFR part 84—Subchapter E, River between Stratford and Milford, inland navigational rules) are still in CT, from bank to bank, surface to bot- effect and must be strictly adhered to tom; bounded to the north by the at all times. Metro North Railroad (RR) Bridge (c) Effective period. This rule is effec- marked by a line connecting the fol- tive from January 7, 2013 through No- lowing points: Point ‘‘A’’, 41°12′17.19″ N, vember 30, 2017. 073°06′40.29″ W western edge of the RR (d) Enforcement period. Except when bridge in Stratford, CT, east to point suspended in accordance with para- ‘‘B’’, 41°12′20.13″ N, 073°6′29.05″ W eastern graph (e) of this section, this RNA is edge of the RR bridge in Milford CT; enforceable 24 hours a day during the bounded to the south by a line con- effective period. necting the following points: Point ‘‘C’’ (e) Suspension of enforcement. The 41°12′14.36″ N, 073°06′41.06″ W western COTP may suspend enforcement of the edge of construction trestle in Strat- RNA. If enforcement is suspended, the ford, CT, east to point ‘‘D’’ 41°12′15.86″ COTP will cause a notice of the suspen- N, 073°06′27.57″ W eastern bank of sion of enforcement by all appropriate Housatonic River, Milford, CT. All co- means to promote the widest publicity ordinates are North American Datum among the affected segments of the 1983. public. Such means of notification may (b) Regulations. (1) The general regu- include, but are not limited to, Broad- lations contained in 33 CFR 165.10, cast Notice to Mariners and Local No- 165.11, and 165.13 apply. tice to Mariners. Such notifications (2) In accordance with the general will include the date and time that en- regulations, entry into, anchoring, or forcement is suspended as well as the

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date and time that enforcement will re- (c) Regulations. (1) The general regu- sume. lations contained in 33 CFR 165.10, (f) Waterway closure. The COTP may 165.11, and 165.13 apply. temporarily suspend all traffic through (2) In accordance with the general the RNA for any situation that would regulations, entry into, anchoring, or pose imminent hazard to life on the movement within the RNA, during pe- navigable waters. In the event of a riods of enforcement, is prohibited un- complete waterway closure, the COTP less authorized by the First District will make advance notice of the clo- Commander, the Captain of the Port sure by all means available to promote Boston (COTP), or the COTP’s des- the widest public distribution includ- ignated representative. ing, but not limited to, Broadcast No- (3) During periods of enforcement, tice to Mariners and Local Notice to entry and movement within the RNA is Mariners. Such notification will in- subject to a ‘‘Slow-No Wake’’ speed clude the date and time of the closure limit. Vessels within the RNA may not as well as the date and time that nor- produce more than a minimum wake mal vessel traffic can resume. and may not attain speeds greater than (g) Violations of this RNA may be re- three knots unless a higher minimum ported to the COTP, at 203–468–4401 or speed is necessary to maintain steer- on VHF-Channel 16. Persons in viola- ageway when traveling with a strong tion of this RNA may be subject to current. In no case may the wake pro- civil or criminal penalties. duced by a vessel within the RNA be EFFECTIVE DATE NOTE: By USCG–2012–0824, such that it creates a danger of injury 78 FR 1148, Jan. 8, 2013, temporary § 165.T01– to persons or damage to vessels or 0824 was added, effective Jan. 7, 2013 through structures of any kind. Nov. 30, 2017. (4) During periods of enforcement, all persons and vessels permitted to oper- § 165.T01–0876 Regulated Navigation ate within the RNA must comply with Area—Weymouth Fore River, Fore all orders and directions from the First River Bridge Construction, Wey- mouth and Quincy, MA. District Commander, the COTP, or the COTP’s designated representative. (a) Location. The following is a regu- (5) During periods of enforcement, all lated navigation area: all U.S. navi- persons and vessels permitted to oper- gable waters surrounding the Wey- ate within the RNA must proceed as di- mouth Fore River bridge (Mile 3.5), be- rected when hailed by a Coast Guard tween Weymouth and Quincy, MA; vessel by siren, radio, flashing light or from surface to bottom, within the fol- other means. lowing points (NAD 83): from a line ex- (6) Vessel operators desiring to enter tending from 42°14′46.392″ N, 070°58′2.964″ or operate within the RNA during an W, thence along a line 120°T to enforcement period shall contact the 42°14′44.376″ N, 070°57′52.992″ W, thence COTP or the designated on-scene rep- south along the shoreline to resentative via VHF channel 16 or 617– 42°14′35.052″ N, 070°57′59.364″ W, thence 223–3201 (Sector Boston command Cen- along a line 291°T to 42°14′38.58″ N, ter) to obtain permission. 070°58′15.348″ W, thence north along the shoreline to the first point. (7) Notwithstanding anything contained in this rule, the Rules of the (b) Effective and enforcement periods. Road (33 CFR part 84—Subchapter E, This rule is effective from October 28, 2013 until December 31, 2017. This RNA inland navigational rules) are still in will be enforced intermittently, de- effect and must be strictly adhered to pending on risks posed by the ongoing at all times. construction project. Periods of en- EFFECTIVE DATE NOTE: By USCG–2012–0876, forcement will be published in the FED- 78 FR 59239, Sept. 26, 2013, temporary ERAL REGISTER via a Notice of Enforce- § 165.T01–0876 was added, effective from Oct. ment and may be publicized via Local 28, 2013 until Dec. 31, 2017. Notice to Mariners or Broadcast Notice to Mariners.

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§ 165.T01–1130 Regulated Navigation sion of enforcement, or closure of the Area; S99 Alford Street Bridge reha- waterway to be made by all appro- bilitation project, Mystic River, MA. priate means to achieve the widest dis- (a) Location. The following area is a tribution among the affected segments Regulated Navigation Area (RNA): All of the public. Such means of notifica- navigable waters of the Mystic River tion may include but are not limited to between Boston and Chelsea, MA, from Broadcast Notice to Mariners, Local surface to bottom, within 100 yards of Notice to Mariners and Marine Safety any point on the S99 Alford Street Information Bulletins. Such notifica- Bridge. tion will include the date and time (b) Regulations. (1) The general regu- that enforcement is suspended as well lations contained in 33 CFR 165.10, as the date and time that enforcement 165.11, and 165.13 apply in addition to will resume. those provisions outlined below. (3) Report violations of this regulated (2) In accordance with the general navigation area to the COTP Sector regulations, entry into or movement Boston, at (617) 223–5757 or on VHF- within this zone, during periods of en- Channel 16. forcement, is prohibited unless author- EFFECTIVE DATE NOTE: By USCG–2011–1125, ized by Captain of the Port (COTP) 77 FR 73919, Dec. 12, 2012, temporary Sector Boston. § 165.T01–1130 was added, effective from 11:59 (3) All persons and vessels must com- p.m. on Nov. 30, 2012 through Dec. 31, 2014. ply with all directions given to them by the COTP Sector Boston or the on- § 165.100 Regulated Navigation Area: scene representative. The ‘‘on-scene Navigable waters within the First representative’’ of the COTP is any Coast Guard District. Coast Guard commissioned, warrant or (a) Regulated navigation area. All nav- petty officer who has been designated igable waters of the United States, as by the COTP to act on the COTP’s be- that term is used in 33 CFR 2.36, within half. The on-scene representative may the geographic boundaries of the First be on a Coast Guard vessel or other Coast Guard District, as defined in 33 designated craft, or may be on shore CFR 3.05–1(b). and will communicate with vessels via (b) Definitions. Terms used in this VHF–FM radio or loudhailer. Members section have the same meaning as of the Coast Guard Auxiliary may be those found in 33 CFR 157.03. Single- present to inform vessel operators of hull identifies any tank barge that is this regulation. not a double-hull tank barge. (4) Upon being hailed by a U.S. Coast (c) Applicability. This section applies Guard vessel by siren, radio, flashing to primary towing vessels engaged in light or other means, the operator of towing tank barges carrying petroleum the vessel must proceed as directed. oil in bulk as cargo in the regulated (5) Notwithstanding any other provi- navigation area, or as authorized by sions in this regulation, the movement the District Commander. of official, emergency vessels within (d) Regulations—(1) Positive control for the regulated area is permitted pro- barges. (i) Except as provided in para- vided that the contractor is notified in graph (d)(1)(iii) and paragraph 5 of this order to remove potential hazards or section, each single hull tank barge, obstructions. unless being towed by a primary tow- (6) All other relevant regulations, in- ing vessel with twin-screw propulsion cluding but not limited to the Rules of and with a separate system for power the Road (33 CFR subchapter E, Inland to each screw, must be accompanied by Navigational Rules) remain in effect an escort tug of sufficient capability to within the regulated area and must be promptly push or tow the tank barge strictly followed at all times. away from danger of grounding or col- (c) Enforcement period. (1) This regu- lision in the event of— lated navigation area is enforceable 24 (A) A propulsion failure; hours a day from 11:59 p.m. on Novem- (B) A parted towing line; ber 30, 2012 through December 31, 2014. (C) A loss of tow; (2) The COTP Sector Boston will (D) A fire; cause notice of enforcement, suspen- (E) Grounding;

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(F) A loss of steering; or (xi) PI Buoy (LLNR 21080). (G) Any other time a vessel may be (xii) Race Rock Light (LLNR 19815). operating in a Hazardous Vessel Oper- (xiii) Valiant Rock Buoy (LLNR ating Condition as defined in § 161.2 of 19825). this Chapter. (xiv) Approach to Point Judith in vi- (ii) Double-hull tank barges are ex- cinity of Block Island ferry route. empt from paragraph (d)(1)(i) of this (xv) Buzzards Bay Entrance Light section. (LLNR 630). (iii) The cognizant Captain of the (xvi) Buzzards Bay Midchannel Light- Port (COTP), upon written application, ed Buoy (LLNR 16055) may authorize an exemption from the (xvii) Cleveland East Ledge Light requirements of paragraph (d)(1)(i) of (LLNR 16085). this section for— (xviii) Hog Island buoys 1 (LLNR (A) Any tank barge with a capacity 16130) and 2 (LLNR 16135). of less than 25,000 barrels, operating in (xix) Approach to the Bourne Bridge. an area with limited depth or width (xx) Approach to the Sagamore such as a creek or small river; or Bridge. (B) Any tank barge operating on any (xxi) Approach to the eastern en- waters within the COTP Zone, if the trance of Cape Cod Canal. operator demonstrates to the satisfac- (3) Voyage planning. (i) Each owner or tion of the COTP that the barge em- operator of a towing vessel employed ploys an equivalent level of safety to to tow a tank barge shall prepare a that provided by the positive control written voyage plan for each transit of provisions of this section. Each request the tank barge. for an exemption under this paragraph (ii) The watch officer is authorized to must be submitted in writing to the make modifications to the plan and cognizant COTP no later than 7 days validate it as necessary. before the intended transit. (iii) Except as provided in paragraph (iv) The operator of a towing vessel (d)(3)(iv) of this section, each voyage engaged in towing any tank barge must plan must contain: immediately call for an escort or assist (A) A description of the type, volume, tug to render assistance in the event of and grade of cargo. any of the occurrences identified in (B) Applicable information from nau- paragraph (d)(1)(i) of this section. tical charts and publications, including (2) Enhanced communications. Each Coast Pilot, Coast Guard Light List, vessel engaged in towing a tank barge and Coast Guard Local Notice to Mari- must communicate by radio on marine ners, for the destination(s). band or Very High Frequency (VHF) (C) Current and forecasted weather, channel 13 or 16, and issue security including visibility, wind, and sea state calls on marine band or VHF channel for the destination(s). 13 or 16, upon approach to the following (D) Data on tides and tidal currents places: for the destination(s). (i) Execution Rocks Light (USCG (E) Forward and after drafts of the Light List No. [LLNR] 21440). tank barge, and under-keel and vertical (ii) Matinecock Point Shoal Buoy clearances for each port and berthing (LLNR 21420). area. (iii) 32A Buoy (LLNR 21380). (F) Pre-departure checklists. (iv) Cable and Anchor Reef Buoy (G) Calculated speed and estimated (LLNR 21330). times of arrival at proposed waypoints. (v) Stratford Middle Ground Light (H) Communication contacts at Ves- (LLNR 21260). sel Traffic Service (VTS) (if applica- (vi) Old Field Point Light (LLNR ble), bridges, and facilities, and port- 21275). specific requirements for VHF radio. (vii) Approach to Stratford Point (I) The master’s standing orders de- from the south (NOAA Chart 12370). tailing closest points of approach, spe- (viii) Falkner Island Light (LLNR cial conditions, and critical maneu- 21170). vers. (ix) TE Buoy (LLNR 21160). (iv) Each owner or operator of a tank (x) CF Buoy (LLNR 21140). barge on an intra-port transit of not

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more than four hours may prepare a (A) A propulsion failure; voyage plan that contains: (B) A parted tow line; (A) The information described in (C) A loss of tow; paragraphs (d)(3)(iii)(D) and (E) of this (D) A fire; section. (E) Grounding; (B) Current weather conditions in- (F) A loss of steering; or cluding visibility, wind, and sea state. (G) Any other time a vessel may be This information may be entered in ei- operating in a Hazardous Vessel Oper- ther the voyage plan or towing vessel’s ating Condition as defined in § 161.2 of log book. this subchapter. (C) The channels of VHF radio to (iii) Federal pilotage. Each single hull monitor. tank barge transiting Buzzards Bay (D) Other considerations such as and carrying 5,000 or more barrels of oil availability of pilot, assist tug, berth, or other hazardous material must be and line-handlers, depth of berth at under the direction and control of a mean low water, danger areas, and se- pilot, who is not a member of the crew, curity calls. operating under a valid, appropriately (4) Navigation restriction areas. Unless endorsed, Federal first class pilot’s li- authorized by the cognizant COTP, no cense issued by the Coast Guard (‘‘fed- tank barge may operate in— erally licensed pilot’’). Pilots are re- (i) The waters of Cape Cod Bay south quired to embark, direct, and control of latitude 42°5′ North and east of lon- from the primary tug during transits of gitude 70°25′ West; or Buzzards Bay. (ii) The waters of Fishers Island (iv) In addition to the vessels denoted Sound east of longitude 72°2′ West, and in § 161.16 of this chapter, requirements west of longitude 71°55′ West. set forth in subpart B of 33 CFR part (5) Special Buzzards Bay regulations. 161 also apply to any vessel transiting (i) For the purposes of this section, VMRS Buzzards Bay required to carry ‘‘Buzzards Bay’’ is the body of water a bridge-to-bridge radiotelephone by east and north of a line drawn from the part 26 of this chapter. southern tangent of Sakonnet Point, Rhode Island, in approximate position (A) A VMRS Buzzards Bay user must: latitude 41°–27.2′ North, longitude 70°– (1) Not enter or get underway in the 11.7′ West, to the Buzzards Bay En- area without first notifying the VMRS trance Light in approximate position Center; 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 ments, and any other information nec- Bay and carrying 5,000 or more barrels essary in order to make safe passing of oil or other hazardous material arrangements. This requirement does must, in addition to its primary tug, be not relieve a vessel of any duty pre- accompanied by an escort tug of suffi- scribed by the International Regula- cient capability to promptly push or tions for Prevention of Collisions at tow the tank barge away from danger Sea, 1972 (33 U.S.C. 1602(c)) or the In- of grounding or collision in the event land Navigation Rules (33 U.S.C. 2005). of— (B) [Reserved]

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(e) In addition to the authority for (2) No person may swim upon or this part 165, this section is also au- below the surface of the water within thorized under authority of section 311, the boundaries of this security zone. Pub. L. 105–383. [CGDI 89–008, 54 FR 13883, Apr. 6, 1989] [CGD1–98–151, 63 FR 71770, Dec. 30, 1998, as amended by CGD01–98–151, 64 FR 12749, Mar. § 165.103 Safety and Security Zones; 15, 1999; USCG–1999–5832, 64 FR 34715, June 29, LPG Vessel Transits in Portland, Maine, Captain of the Port Zone, 1999; CGD01–98–151, 65 FR 35838, June 6, 2000; Portsmouth Harbor, Portsmouth, CGD01–04–133, 72 FR 50058, Aug. 30, 2007; 72 New Hampshire. FR 70780, Dec. 13, 2007; USCG–2008–0179, 73 FR 35016, June 19, 2008] (a) Location. The following areas are safety and security zones: (1) Except as § 165.101 Kittery, Maine—regulated provided in paragraph (a) (2) of this navigation area. section, all navigable waters of the (a) The following is a regulated navi- Portland, Maine, Captain of the Port gation area—Waters within the bound- zone, as defined in 33 CFR 3.05–15, one aries of a line beginning at 43°04′50″ N, mile ahead, one half mile astern, and 1000-yards on either side of any Lique- 70°44′52″ W; then to 43°04′52″ N, 70°44′53″ fied Petroleum Gas vessel. W; then to 43°04′59″ N, 70°44′46″ W; then (2) All waters of the Piscataqua River to 43°05′05″ N, 70°44′32″ W; then to ° ′ ″ ° ′ ″ within a 500-yard radius of any Lique- 43 05 03 N, 70 44 30 W; then to the be- fied Petroleum Gas (LPG) vessel while ginning point. it is moored at the LPG receiving facil- (b) Regulations. No vessel may oper- ity on the Piscataqua River, ate in this area at a speed in excess of Newington, New Hampshire. five miles per hour. (b) Definitions. For purposes of this section, navigable waters of the United § 165.102 Security Zone: Walkers Point, States includes all waters of the terri- Kennebunkport ME. torial sea as described in Presidential (a) Location. The following area is a Proclamation No. 5928 of December 27, security zone: From point of land lo- 1988. Presidential Proclamation No. cated on Cape Arundel at latitude 5928 of December 27, 1988 declared that 43°20.4′ North, Iongitude 070°28.0′ West; the territorial sea of the United States thence to a point approximately 500 extends to 12 nautical miles from the yards southwest of Walkers Point lo- baseline of the United States. cated at latitude 43°20.2′ North, lon- (c) Regulations. (1) In accordance with gitude 070°27.9′ West; thence to a point the general regulations in §§ 165.23 and located approximately 500 yards south 165.33 of this part, entry into or move- of Walkers Point at latitude 43°20.1′ ment within these zones is prohibited North, longitude 070°27.6′ West; thence unless previously authorized by the to a point located approximately Captain of the Port (COTP), Portland, southeast of Walkers Point at latitude Maine. 43°20.4′ North, longitude 070°27.2′ West; (2) All persons and vessels shall comply 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

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by the Captain of the Port, Portland, pay a port call, in the Portland, Maine, Maine or his authorized patrol rep- Captain of the Port zone as delineated resentative. in 33 CFR 3.05–15. (d) The Captain of the Port will no- (b) Location. The following areas are tify the maritime community and local security zones: agencies of periods during which these (1) All navigable waters within the safety and security zones will be in ef- Portland, Maine, Captain of the Port fect by providing notice of arrivals and Zone, extending from the surface to the departures of LPG vessels via the tele- sea floor, within a 100-yard radius of phone and/or Marine Safety Informa- any passenger vessel that is anchored, tion Radio Broadcasts. moored, or in the process of mooring. [CGD01–02–045, 67 FR 56487, Sept. 4, 2002] (2) All navigable waters, within the Portland, Maine, Captain of the Port § 165.104 Safety Zone: Vessel Zone, extending from the surface to the Launches, Bath Iron Works, Ken- sea floor, extending 200 yards ahead, nebec River, Bath, Maine. and 100 yards aside and astern of any (a) Location. The following is a safety passenger vessel that is underway. zone: all waters of the Kennebec River (c) Regulations. (1) In accordance with within a 150-yard radius of the Bath the general regulations in § 165.33 of Iron Works dry dock while it is being this part, entry into or movement moved to and from its moored position within these zones is prohibited unless at the Bath Iron Works Facility in previously authorized by the Coast Bath, Maine to a deployed position in Guard Captain of the Port, Portland, the Kennebec River, and while launch- Maine (COTP) or his designated rep- ing or recovering vessels. resentative. (b) Regulations. (1) In accordance with (2) All persons and vessels must com- the general regulations in § 165.23 of ply with the instructions of the COTP this part, entry into or movement or the designated on-scene Coast Guard within this zone is prohibited unless patrol personnel. On-scene Coast Guard authorized by the Captain of the Port, patrol personnel include commissioned, Portland, Maine. warrant and petty officers of the Coast (2) All vessel operators shall comply Guard on board Coast Guard, Coast with the instructions of the COTP or Guard Auxiliary, and local, state and the designated on-scene U. S. Coast federal law enforcement vessels. Emer- Guard patrol personnel. On-scene Coast gency response vessels are authorized 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 vessels. below the surface of the water within (c) Notifications. The Captain of the the boundaries of these security zones Port will notify the maritime commu- unless previously authorized by the nity of periods during which this safety COTP or his designated representative. zone will be in effect by providing ad- (d) Enforcement. The Captain of the vance notice via Marine Safety Infor- Port will enforce these zones and may mation Radio Broadcasts. enlist the aid and cooperation of any 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. (a) Definition. ‘‘Passenger vessel’’ as § 165.106 Security Zone: Seabrook Nu- used in this section means a passenger clear Power Plant, Seabrook, New vessel over 100 gross tons authorized to Hampshire. carry more than 500 passengers for hire (a) Location. The following area is a making voyages, any part of which is security zone: All land and waters on the high seas, and for which pas- within 250 yards of the waterside prop- sengers are embarked, disembarked or erty boundary of Seabrook Nuclear

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Power Plant identified as follows: be- dius of any anchored LNGC vessel lo- ginning at position 42°53′58″ N, 070°51′06″ cated in the waters of Broad Sound W then running along the property bounded by a line starting at position boundaries of Seabrook Nuclear Power 42 deg. 25′ N, 070 deg. 58′ W; then run- Plant to position 42°53′46″ N, 070°51′06″ ning southeast to position 42 deg. 22′ N, W. All coordinates reference 1983 North 070 deg. 56′ W; then running east to po- American Datum (NAD 83). sition 42 deg. 22′ N, 070 deg. 50′ W; then (b) Regulations. (1) In accordance with running north to position 42 deg. 25′ N, the general regulations in § 165.33 of 070 deg. 50′ W; then running west back this part, entry into or movement to the starting point (NAD 83). within this zone is prohibited unless (3) Vessels moored at the Distrigas LNG authorized by the Captain of the Port, facility. All waters within a 400-yard ra- Portland, Maine (COTP). dius of any LNGC vessel moored at the (2) All persons and vessels shall com- Distrigas LNG facility in Everett, MA. ply with the instructions of the Coast (4) Vessels calling on a deepwater port. Guard Captain of the Port, Portland, All waters within a 500-meter radius of Maine or designated on-scene U.S. any LNGC engaged in regasification or Coast Guard patrol personnel. On-scene transfer, or otherwise moored, an- Coast Guard patrol personnel include chored, or affixed to a deepwater port commissioned, warrant, and petty offi- listed in 33 CFR 150.490 and falling cers of the Coast Guard on board Coast within the waters of the Boston COTP Guard, Coast Guard Auxiliary, local, Zone, as defined in 33 CFR 3.05–10. state and federal law enforcement ves- (c) Regulations. (1) In accordance with sels. the general regulations in Sec. 165.23 (3) No person may swim upon or and Sec. 165.33 of this part, entry into below the surface of the water within or movement within these zones is pro- the boundaries of this security zone. hibited unless authorized by the Cap- tain of the Port Boston, or his/her au- [CGD01–02–092, 67 FR 64815, Oct. 22, 2002] thorized representative. § 165.110 Safety and Security Zone; (2) No person or vessel may enter the Liquefied Natural Gas Carrier waters within the boundaries of the Transits and Anchorage Operations, safety and security zones described in Boston, Massachusetts. paragraph (b) of this section unless pre- (a) Definitions. As used in this sec- viously authorized by the COTP Bos- tion— ton, or his/her authorized representa- 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: [CGD01–02–023, 67 FR 63263, Oct. 11, 2002, as (1) Vessels underway. All navigable amended by USCG–2007–0087, 73 FR 34194, waters of the United States within the June 17, 2008] Captain of the Port (COTP) Boston zone, as defined in 33 CFR 3.05–10, two § 165.111 Safety Zone: Boston Harbor, miles ahead and one mile astern, and Boston, Massachusetts. 500 yards on each side of any liquefied (a) The following areas are estab- natural gas carrier (LNGC) vessel while lished as safety zones during the condi- underway. tions specified: (2) Vessels anchored in the Broad (1) Around the U.S.S. Constitution or Sound. All waters within a 500-yard ra- any accompanying parade vessels when

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Constitution is under way—300 yards in be activated in part, or in whole, upon all directions in the waters around the the request of the U.S. Secret Service. U.S.S. Constitution and each parade ves- These zones are for the protection of sel accompanying Constitution when- the President or Vice President of the ever the U.S.S. Constitution is under- United States, as well as visiting heads way in Boston Harbor from the time of foreign states or foreign govern- such vessels depart their respective ments arriving at, or departing from, berths until the time they complete Logan International Airport and as de- their transit and are safely moored. termined by the transit route across (2) Whenever Constitution is moored Boston Harbor. The security zone will at Pier 1, Charlestown Navy Yard—the be as follows: waters between Hoosac Pier and Pier 1, (1) Sector one will go into effect 15 Charlestown Navy Yard, from the minutes prior to the scheduled landing imaginary line connecting the outer or takeoff of the aircraft carrying ei- easternmost point protruding into Bos- ther the President, Vice President, or ton Harbor from Hoosac Pier to the visiting heads of foreign states or for- outer westernmost point protruding eign governments at Logan Inter- into Boston Harbor from Pier 1, national Airport. Sector one will pre- Charlestown Navy Yard, extending include all vessels from approaching bound along the face of both piers to within three hundred yards of the the landside points where both piers Logan International Airport shoreline, end. bound on the west by a line drawn be- (3) Around the U.S.S. Constitution— tween positions 42°22′45″ N., 071°01′05″ fifty yards in all directions in the W. and 42°21′48″ N., 071°01′45″ W. (NAD) waters around Constitution when the 1983). vessel is moored at any Boston berth- (2) Sector two will go into effect 15 ing location other than Pier 1, Charles- minutes before the vehicle carrying the town Navy Yard. President, Vice President, or visiting (b) The general regulations governing heads of foreign states or foreign gov- safety zones as contained in 33 CFR ernments enters the Callahan Tunnel 165.23 apply. or Sumner Tunnel. Sector two may preclude vessels, as necessary, from en- [CGD1 91–109, 57 FR 30407, July 9, 1992] tering an area of the main ship chan- § 165.112 Safety Zone: USS CASSIN nel, Boston Inner Harbor; fifty yards in YOUNG, Boston, Massachusetts. all directions from a point directly 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 [CGD01–93–001, 58 FR 47991, Sept. 14, 1993] the designated transport vessel. Sector four will preclude all vessels from ap- § 165.113 Security Zone: Dignitary ar- proaching within three hundred yards rival/departure Logan International in all directions from the designated Airport, Boston, MA. vessel transporting the President, Vice (a) Location. The permanent security President, or visiting heads of foreign zone consists of four sectors that may states or foreign governments between

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Logan International Airport and any missioned, warrant, and petty officers location in Boston Harbor. of the Coast Guard on board Coast (5) The activation of a particular sec- Guard, Coast Guard Auxiliary, local, tor of this security zone will be an- state, and federal law enforcement ves- nounced via Safety Marine Information sels. Broadcasts and/or by locally issued no- [CGD01–01–227, 67 FR 20912, Apr. 29, 2002, as tices. amended by CGD01–01–227, 67 FR 63265, Oct. (b) Regulations. (1) The general regu- 11, 2002] lations covering security zones contained in 33 CFR 165.33 apply. § 165.115 Safety and Security Zones; (2) All persons and vessels shall com- Pilgrim Nuclear Power Plant, Plym- ply with the instructions of the Coast outh, Massachusetts. Guard Captain of the Port or the des- (a) Location. All waters of Cape Cod ignated on scene patrol personnel. Bay and land adjacent to those waters Coast Guard patrol personnel include enclosed by a line beginning at position commissioned, warrant, and petty offi- 41°56′59.3″ N, 070°34′58.5″ W; thence to cers of the Coast Guard. Upon being 1°57′12.2″ N, 070°34′41.9″ W; thence to hailed by a Coast Guard vessel via 41°56′42.3″ N, 070°34′00.1″ W; thence to siren, radio, flashing light, or other 41°56′29.5″ N, 070°34′14.5″ W. means, the operator of a vessel shall (b) Regulations. (1) In accordance with proceed as directed. the general regulations in §§ 165.23 and [CGD01–97–004, 63 FR 16117, Apr. 2, 1998] 165.33 of this part, entry into or movement within these zones is prohibited § 165.114 Safety and Security Zones: unless authorized by the Captain of the Escorted Vessels—Boston Harbor, Port Boston. Massachusetts. (2) All vessel operators shall comply (a) Location. The following waters with the instructions of the COTP or within the Boston Captain of the Port the designated on-scene U.S. Coast Zone, 1000 yards ahead and astern, and Guard patrol personnel. On-scene Coast 100 yards on each side of any des- Guard patrol personnel include com- ignated escorted vessel, are established missioned, warrant, and petty officers as safety and security zones: All waters of the Coast Guard on board Coast of Boston Inner Harbor, including the Guard, Coast Guard Auxiliary, local, waters of the Mystic River, Chelsea state, and federal law enforcement ves- River, and Reserved Channel west of a sels. line running from Deer Island Light, at (3) No person may enter the waters or position 42°20′25″ N, 070°57′15″ W, to land area within the boundaries of the Long Island, at position 42°19′48″ N, safety and security zones unless pre- 070°57′15″ W, and west of the Long Is- viously authorized by the Captain of land Bridge, running from Long Island the Port, Boston or his authorized pa- to Moon Head. trol representative. (b) Escorted vessel definition. For the [CGD01–02–002, 67 FR 37693, May 30, 2002, as purposes of this section, escorted ves- amended by USCG–2009–0311, 74 FR 50925, Oct. sels operating in Boston Harbor include 2, 2009] the following: Any vessels deemed to be in need of escort protection by the Cap- § 165.116 Safety and Security Zones; tain of the Port, Boston for security Salem and Boston Harbors, Massa- reasons. chusetts. (c) Regulations. (1) In accordance with (a) Location. The following areas are the general regulations in §§ 165.23 and permanent safety and security zones: 165.33 of this part, entry into or move- (1) Reserved Channel, Boston Harbor. ment within this zone is prohibited un- All waters of Boston Harbor within one less authorized by the Captain of the hundred fifty (150) yards off the bow Port Boston. and stern and one hundred (100) yards (2) All vessel operators shall comply abeam of any vessel moored at the with the instructions of the COTP or Massachusetts Port Authority Black the designated on-scene U.S. Coast Falcon Terminal; Guard patrol personnel. On-scene Coast (2) Boston Inner Harbor. All waters of Guard patrol personnel include com- Boston Harbor within one hundred (100)

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feet of the Coast Guard Integrated Sup- (b) Definitions. As used in this sec- port Command (ISC) Boston piers and; tion— (3) Salem Harbor. All waters of Salem Authorized representative means a Harbor within a two-hundred and fifty Coast Guard commissioned, warrant, or (250) yard radius of the center point of petty officer or a Federal, State, or the PG & E Power Plant Terminal local law enforcement officer des- Wharf, Salem, MA, located at 42°31.33′ ignated by or assisting the Captain of N, 070°52.67′ W when a vessel is moored the Port (COTP) Boston. at this pier. All coordinates are North Deepwater port means any facility or American Datum 1983. structure meeting the definition of (b) Regulations. (1) In accordance with deepwater port in 33 CFR 148.5. the general regulations in § 165.23 and Dredge means fishing gear consisting § 165.33 of this part, entry into or move- of a mouth frame attached to a holding ment within these zones is prohibited bag constructed of metal rings or unless authorized by the Captain of the mesh. Port Boston. Support vessel means any vessel meet- (2) All vessel operators shall comply ing the definition of support vessel in with the instructions of the Captain of 33 CFR 148.5. the Port or the designated on-scene Trap means a portable, enclosed de- U.S. Coast Guard patrol personnel. On- vice with one or more gates or en- scene Coast Guard patrol personnel in- trances and one or more lines attached clude commissioned, warrant, and to surface floats used for fishing. Also petty officers of the Coast Guard on called a pot. board Coast Guard, Coast Guard Auxil- (c) Applicability. This section applies iary, local, state, and federal law en- to all vessels operating in the regu- forcement vessels. lated navigation areas set forth in (3) No person may enter the waters or paragraph (a) of this section, except— land area within the boundaries of the safety and security zones unless pre- (1) Those vessels conducting cargo viously authorized by the Captain of transfer operations with the deepwater 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, (3) Coast Guard vessels or other law June 10, 2009] 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 (ii) [Reserved] such zones in the normal course of

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their operations following the require- a marine event permit application each ments set forth in 33 CFR 150.340 and year in accordance with 33 CFR 100.15. 150.345, respectively. (a) The Coast Guard may patrol each (4) All vessels operating within the event area under the direction of a des- safety and security zones described in ignated Coast Guard Patrol Com- paragraph (a)(2) of this section must mander. The Patrol Commander may comply with the instructions of the be contacted on Channel 16 VHF–FM COTP or his/her authorized representa- (156.8 MHz) by the call sign tive. ‘‘PATCOM.’’ Official patrol vessels may consist of any Coast Guard, Coast [USCG–2007–0087, 73 FR 34194, June 17, 2008, as Guard Auxiliary, state, or local law en- amended by USCG–2009–0589, 75 FR 51377, forcement vessels assigned or approved Aug. 20, 2010] by the Captain of the Port, Sector Bos- EDITORIAL NOTE: By USCG–2009–0589, 75 FR ton. 51377, Aug. 20, 2010, § 165.117 was amended by (b) Vessels may not transit the regu- revising paragraph (a)(3); however, the lated areas without Patrol Commander amendment could not be incorporated due to approval. Vessels permitted to transit inaccurate amendatory instruction. must operate at a no wake speed, in a manner which will not endanger par- § 165.118 Safety Zones; recurring an- ticipants or other crafts in the event. nual events held in Coast Guard Sector Boston Captain of the Port (c) Spectators or other vessels shall Zone. not anchor, block, loiter, or impede the movement of event participants or offi- The Coast Guard is establishing safe- cial patrol vessels in the regulated ty zones for the events listed in Table areas during the effective dates and 1 of this section. These regulations in times, or dates and times as modified this section will be enforced for the du- through the LNM, unless authorized by ration of each event, on or about the an official patrol vessel. dates indicated in Table 1 of this sec- (d) The Patrol Commander may con- tion. Annual notice of the exact dates trol the movement of all vessels in the and times of the effective period of the regulated area. When hailed or signaled regulations in this section with respect by an official patrol vessel, a vessel to each event, the geographical de- shall come to an immediate stop and scription of each regulated area, and comply with the lawful directions details concerning the nature of the issued. Failure to comply with a lawful event and the number of participants direction may result in expulsion from and type(s) of vessels involved will be the area, citation for failure to comply, made to the local maritime community or both. through the Local Notice to Mariners (e) The Patrol Commander may delay and/or Broadcast Notice to Mariners or terminate any marine event in this well in advance of the events. If the subpart at any time it is deemed nec- event does not have a date listed, then essary to ensure the safety of life or the exact dates and times of the en- property. Such action may be justified forcement will be announced through a as a result of weather, traffic density, Notice of Enforcement in the FEDERAL spectator operation or participant be- REGISTER. Mariners should consult the havior. FEDERAL REGISTER or their LNM to re- (f) For all fireworks displays listed main apprised of minor schedule or below, the regulated area is that area event changes. First Coast Guard Dis- of navigable waters within a 350-yard trict LNM can be found at: http:// radius of the launch platform or launch www.navcen.uscg.gov/. The Sector Bos- site for each fireworks display, unless ton Marine Events schedule can also be modified in the LNM at: http:// viewed electronically at: http:// www.navcen.uscg.gov/. www.homeport.uscg.mil. Although listed (g) For all swimming events listed, in the Code of Federal Regulations, vessels not associated with the event sponsors of events listed in Table 1 of shall maintain a distance of at least 100 this section are still required to submit yards from the participants.

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TABLE 1

6.0 June

6.1 Sand and Sea Festival Fireworks ...... • Event Type: Fireworks Display. • Sponsor: Salisbury Beach Partnership, Inc. • Date: A one-night event on Saturday during the last weekend of June, as specified in the USCG District 1 Local No- tice to Mariners. • Time: 10:00 p.m. to 10:30 p.m. • Location: All waters of the Atlantic Ocean near Salisbury Beach within a 350-yard radius of the fireworks launch site located at position 42°50.6′ N, 70°48.4′ W (NAD 83). 6.2 St. Peter’s Fiesta Fireworks ...... • Event Type: Fireworks Display. • Sponsor: St. Peters Fiesta. • Date: A one-night event on Saturday during the last weekend of June, as specified in the USCG District 1 Local No- tice to Mariners. • Time: 8:00 p.m. to 10:00 p.m. • Location: All waters of Gloucester Harbor, Stage Fort Park, within a 350-yard radius of the fireworks launch site on the beach located at position 42°36.3′ N, 070°40.5′ W (NAD 83). 6.3 Surfside Fireworks ...... • Event Type: Fireworks Display. • Sponsor: Salisbury Beach Partnership and Chamber of Commerce. • Date: Every Saturday from June through September, as specified in the USCG District 1 Local Notice to Mariners. • Time: 9:30 p.m. to 10:30 p.m. • Location: All waters of the Atlantic Ocean near Salisbury Beach, MA, within a 350-yard radius of the fireworks barge located at position 42°50.6′ N, 070°48.4′ W (NAD 83). 6.4 Cohasset Triathlon ...... • Event Type: Swim. • Sponsor: Bill Burnett. • Date: A one-day event on Sunday during the last weekend of June, as specified in the USCG District 1 Local Notice to Mariners. • Time: 08:30 a.m. to 10:00 a.m. • Location: All waters in the vicinity of Cohasset Harbor around Sandy Beach, within the following points (NAD 83): 42°15.6′ N, 070°48.1′ W. 42°15.5′ N, 070°48.1′ W. 42°15.4′ N, 070°47.9′ W. 42°15.4′ N, 070°47.8′ W. 6.5 Hull Youth Football Carnival Fireworks ...... • Event Type: Fireworks Display. • Sponsor: Hull Youth Football. • Date: A one-night event on the third or fourth weekend of June, as specified in the USCG District 1 Local Notice to Mariners Time: 9:00 p.m. to 11:00 p.m. • Location: All waters within a 450-foot radius of the fireworks barge located approximately 500 feet of off Nantasket Beach, Hull MA located at position 42°16.6′ N, 070°51.7′ W (NAD 83).

7.0 July

7.1 City of Lynn 4th of July Celebration Fireworks ...... • Event Type: Firework Display. • Sponsor: City of Lynn. • Date: July 3rd, as specified in the USCG District 1 Local No- tice to Mariners. • Time: 6:00 p.m. to 11:00 p.m. • Location: All waters of Nahant Bay, within a 350-yard radius of the fireworks barge located at position 42°27.62 ′ N, 070°55.58′ W (NAD 83). 7.2 Gloucester July 4th Celebration Fireworks ...... • Event Type: Fireworks Display. • Sponsor: The Gloucester Fund. • Date: July 3rd, as specified in the USCG District 1 Local No- tice to Mariners. • Time: 10:30 p.m. to 11:00 p.m. • Location: All waters of Gloucester Harbor, Stage Fort Park, within a 350-yard radius of the fireworks launch site on the beach located at position 42°36.3′ N, 070°40.5′ W (NAD 83). 7.3 Manchester by the Sea Fireworks ...... • Event Type: Fireworks Display. • Sponsor: Manchester Parks and Recreation Department. • Date: July 4th, as specified in the USCG District 1 Local No- tice to Mariners. • Time: 8:30 p.m. to 10:00 p.m.

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TABLE 1—Continued • Location: All waters of Manchester Bay within a 350-yard radius of the fireworks launch site barge located at position 42°35.03′ N, 070°45.52′ W (NAD 83). 7.4 Weymouth 4th of July Celebration Fireworks ...... • Event Type: Fireworks Display. • Sponsor: Town of Weymouth 4th of July Committee. • Date: Friday or Saturday during the first weekend before July 4th, as specified in the USCG District 1 Local Notice to Mariners. • Time: 8:00 p.m. to 10:30 p.m. • Location: All waters of Weymouth Fore River, within a 350- yard radius of the fireworks launch site located at position 42°15.5′ N, 070°56.1′ W (NAD 83). 7.5 Beverly 4th of July Celebration Fireworks ...... • Event Type: Fireworks Display. • Sponsor: Beverly Harbormaster. • Date: July 4th, as specified in the USCG District 1 Local No- tice to Mariners. • Time: 9:00 p.m. to 11:00 p.m. • Location: All waters of Beverly Harbor within a 350-yard radius of the fireworks launch barge located at position 42°32.62′ N, 070°52.15′ W (NAD 83). 7.6 Beverly Farms 4th of July Celebration Fireworks ...... • Event Type: Fireworks Display. • Sponsor: Farms-Pride 4th of July Committee. • Date: July 4th, as specified in the USCG District 1 Local No- tice to Mariners. • Time: 9:00 p.m. to 9:30 p.m. • Location: All waters of Manchester Bay within a 350-yard radius of the fireworks launch site near West Beach located at position 42°33.84′ N, 070°48.5′ W (NAD 83). 7.7 Boston Pops Fireworks ...... • Event Type: Fireworks Display. • Sponsor: Boston 4 Celebrations. • Date: July 4th, as specified in the USCG District 1 Local No- tice to Mariners. • Time: 8:30 p.m. to 11:00 p.m. • Location: All waters of the Charles River within a 350-yard radius of the fireworks barges located in the vicinity of position 42°21.47′ N, 071°05.03′ W (NAD 83). 7.8 City of Salem Fireworks ...... • Event Type: Fireworks Display. • Sponsor: City of Salem. • Date: July 4th, as specified in the USCG District 1 Local No- tice to Mariners. • Time: 9:00 p.m. to 10:00 p.m. • Location: All waters of Salem Harbor, within a 350-yard radius of the fireworks launch site located on Derby Wharf at position 42°31.15′ N, 070°53.13′ W (NAD 83). 7.9 Marblehead 4th of July Fireworks ...... • Event Type: Fireworks Display. • Sponsor: Town of Marblehead. • Date: July 4th, as specified in the USCG District 1 Local No- tice to Mariners. • Time: 8:30 p.m. to 9:30 p.m. • Location: All waters of Marblehead Harbor within a 350-yard radius of the fireworks launch site located at position 42°30.34′ N, 070°50.13′ W (NAD 83). 7.10 Plymouth 4th of July Fireworks ...... • Event Type: Fireworks Display. • Sponsor: July 4 Plymouth, Inc. • Date: July 4th, as specified in the USCG District 1 Local No- tice to Mariners. • Time: 9:00 p.m. to 10:00 p.m. • Location: All waters of Plymouth Harbor within a 350-yard radius of the fireworks launch site located at position 42°57.3′ N, 070°38.3′ W (NAD 83). 7.11 Town of Nahant Fireworks ...... • Event Type: Fireworks Display. • Sponsor: Town of Nahant. • Date: July 4th, as specified in the USCG District 1 Local No- tice to Mariners. • Time: 9:00 p.m. to 11:00 p.m. • Location: All waters of Nahant Harbor within a 350-yard radius of the fireworks launch site on Bailey’s Hill Park located at position 42°25.1′ N, 070°55.8′ W (NAD 83). 7.12 Town of Revere Fireworks ...... • Event Type: Fireworks Display. • Sponsor: Town of Revere. • Date: July 4th, as specified in the USCG District 1 Local No- tice to Mariners. • Time: 9:00 p.m. to 11:00 p.m.

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TABLE 1—Continued • Location: All waters of Broad Sound, within a 350-yard radius of the fireworks launch site located at Revere Beach at position 42°24.5′ N, 070°59.47′ W (NAD 83). 7.13 Yankee Homecoming Fireworks ...... • Event Type: Fireworks Display. • Sponsor: Yankee Homecoming. • Date: A one-day event on Saturday during the last weekend of July or first weekend of August, as specified in the USCG District 1 Local Notice to Mariners. • Time: 9:00 p.m. to 10:00 p.m. • Location: All waters of the Merrimack River, within a 350- yard radius of the fireworks launch site located at position 42°48.97′ N, 070°52.68′ W (NAD 83). 7.14 Hingham 4th of July Fireworks ...... • Event Type: Fireworks Display. • Sponsor: Hingham Lions Club. • Date: July 4th, as specified in the USCG District 1 Local No- tice to Mariners. • Time: 8:00 p.m. to 10:00 p.m. • Location: All waters within a 350-yard radius of the beach on Button Island located at position 42°15.07′ N, 070°53.03′ W (NAD 83). 7.15 Ipswich Independence Day Celebration Fireworks ...... • Event Type: Fireworks Display. • Sponsor: Trustees of the Foundation. • Date: July 4th, as specified in the USCG District 1 Local No- tice to Mariners. • Time: 9:00 p.m. to 10:00 p.m. • Location: All waters of Ipswich Bay within a 350-yard radius of the beach located at position 42°41.43′ N, 070°46.49′ W (NAD 83). 7.16 Salisbury Maritime Festival Fireworks ...... • Event Type: Fireworks Display. • Sponsor: Salisbury Beach Partnership, Inc. • Date: A one-day event on Saturday during the third weekend of July, as specified in the USCG District 1 Local Notice to Mariners. • Time: 10:00 p.m. to 10:30 p.m. • Location: All waters of the Atlantic Ocean near Salisbury Beach within a 350-yard radius of the fireworks launch site located at position 42°50.6′ N, 070°48.4′ W (NAD 83). 7.17 Salisbury 4th of July Fireworks ...... • Event Type: Fireworks Display. • Sponsor: Salisbury Chamber of Commerce. • Date: July 4th, as specified in the USCG District 1 Local No- tice to Mariners. • Time: 9:30 p.m. to 11:00 p.m. • Location: All waters of the Atlantic Ocean near Salisbury Beach within a 350-yard radius of the fireworks launch site located at position 42°50.6′ N, 070°48.4′ W (NAD 83). 7.18 Charles River 1-Mile Swim ...... • Event Type: Swim. • Sponsor: Charles River Swimming Club, Inc. • Date: A one-day event held on the second Sunday in July, as specified in the USCG District 1 Local Notice to Mariners. • Time: 8:00 a.m. to 9:00 a.m. Location: All waters of Charles River between the Longfellow Bridge and the Harvard Bridge within the following points (NAD 83): 42°21.7′ N, 071°04.8′ W. 42°21.7′ N, 071°04.3′ W. 42°22.2′ N, 071°07.3′ W. 42°22.1′ N, 070°07.4′ W. 7.19 Swim Across America Boston ...... • Event Type: Swim. • Sponsor: Swim Across America. • Date: A one-day event on Friday during the third week of July, as specified in the USCG District 1 Local Notice to Mariners. • Time: 7:00 a.m. to 3:00 p.m. • Location: All waters of Boston Harbor between Rowes Warf and Little Brewster Island within the following points (NAD 83): 42°21.4′ N, 071°03.0′ W. 42°21.5′ N, 071°02.9′ W. 42°19.8′ N, 070°53.6′ W. 42°19.6′ N, 070°53.4′ W. 7.20 Joppa Flats Open Water Mile ...... • Event Type: Swim. • Sponsor: Newburyport 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.

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TABLE 1—Continued • Time: 3:00 p.m. to 5:00 p.m. • Location: All waters of the Merrimack River located in the Joppa Flats within the following points (NAD 83): 42°48.6′ N, 070°50.9′ W. 42°48.6′ N, 070°49.4′ W. 42°48.0′ N, 070°49.4′ W. 42°48.0′ N, 070°57.0′ W. 7.21 Swim Across America Nantasket Beach ...... • Event Type: Swim. • Sponsor: Swim Across America. • Date: A one-day event on Sunday during the third week of July, as specified in the USCG District 1 Local Notice to Mariners. • Time: 7:00 a.m. to 9:30 a.m. • Location: All waters of Massachusetts Bay near Nantasket Beach within the following points (NAD 83): 42°16.7′ N, 070°51.9′ W. 42°16.9′ N, 070°51.3′ W. 42°16.3′ N, 070°50.5′ W. 42°16.1′ N, 070°51.0′ W.

8.0 August

8.1 Beverly Homecoming Fireworks ...... • Event Type: Fireworks Display. • Sponsor: Beverly Harbormaster. • Date: A one-day event on Sunday during the first weekend of August, as specified in the USCG District 1 Local Notice to Mariners. • Time: 9:00 p.m. to 11:00 p.m. • Location: All waters of Beverly Harbor within a 350-yard radius of the fireworks barge located at position 42°32.62′ N, 070°52.15′ W (NAD 83). 8.2 Celebrate Revere Fireworks ...... • Event Type: Fireworks Display. • Sponsor: Town of Revere. • 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: 9:00 p.m. to 11:00 p.m. • Location: All waters within a 350-yard radius of the fireworks launch site located at Revere Beach at position 42°24.5′ N, 070°59.47′ W (NAD 83). 8.3 Gloucester Fisherman Triathlon ...... • Event Type: Swim. • Sponsor: Gloucester Fisherman Athletic Association. • Date: A one-day event on Sunday during the Second week of August, as specified in the USCG District 1 Local Notice to Mariners. • Time: 7:30 a.m. to 8:30 a.m. • Location: All waters of Western Harbor, within the following points (NAD 83): 42°36.6′ N, 070°40.3′ W. 42°36.5′ N, 070°40.2′ W. 42°36.4′ N, 070°40.7′ W. 42°36.5′ N, 070°40.7′ W. 8.4 Urban Epic Triathlon ...... • Event Type: Swim. • Sponsor: Tri-Maine/Urban Epic Events. • Date: A one-day event on Sunday during the second week of August, as specified in the USCG District 1 Local Notice to Mariners. • Time: 7:00 a.m. to 10:00 a.m. • Location: All waters of Dorchester Bay within the following points (NAD 83): 42°18.9′ N, 071°02.0′ W. 42°18.9′ N, 071°01.8′ W. 42°19.5′ N, 071°01.8′ W. 42°19.8′ N, 071°02.2′ W. 8.5 Celebrate the Clean Harbor Swim ...... • Event Type: Swim. • Sponsor: New England Marathon Swimming Association. • Date: A one-day event on Saturday during the third week of August, as specified in the USCG District 1 Local Notice to Mariners. • Time: 9:00 a.m. to 12:00 p.m. • Location: All waters of Gloucester Harbor within the following points (NAD 83): 42°35.3′ N, 070°39.8′ W. 42°35.9′ N, 070°39.2′ W.

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TABLE 1—Continued 42°35.9′ N, 070°39.8′ W. 42°35.3′ N, 070°40.2′ W. 8.6 Boston Light Swim ...... • Event Type: Swim. • Sponsor: Boston Light Swim. • Date: A one-day event on Sunday during the second week of August, as specified in the USCG District 1 Local Notice to Mariners. • Time: 8:00 a.m. to 1:00 p.m. • Location: All waters of Boston Harbor between the L Street Bath House and Little Brewster Island within the following points (NAD 83): 42°19.7′ N, 071°02.2′ W. 42°19.9′ N, 071°10.7′ W. 42°19.8′ N, 070°53.6′ W. 42°19.6′ N, 070°53.4′ W. 8.7 Sharkfest Swim ...... • Event Type: Swim. • Sponsor: Enviro-Sports Productions, Inc. • Date: A one-day event on Sunday during the last week of August, as specified in the USCG District 1 Local Notice to Mariners. • Time: 10:00 a.m. to 12:00 p.m. • Location: All waters of Old Harbor from near Columbia Point to Carson Beach within the following points (NAD 83): 42°19.1′ N, 071°02.2′ W. 42°19.2′ N, 071°01.9′ W. 42°19.7′ N, 071°02.8′ W. 42°19.4′ N, 071°02.9′ W. 8.8 The Boston Triathlon ...... • Event Type: Swim. • Sponsor: Wilkinson Enterprises, Inc. • Date: A one-day event on the second or third weekend of August, as specified in the USCG District 1 Local Notice to Mariners. • Time: 7:00 a.m. to 10:00 a.m. • Location: All waters of Boston Inner Harbor, Piers Park East Boston to Columbus Park, Boston, Ma within the following points (NAD 83): 42°21.7′ N, 071°02.1′ W. 42°21.6′ N, 071°02.8′ W. 42°21.7′ N, 071°02.8′ W. 42°21.8′ N, 071°02.4′ W.

9.0 September

9.1 Gloucester Schooner Festival Fireworks ...... • Event Type: Fireworks Display. • Sponsor: Stage Fort Park Gloucester. • Date: A one-day event on Saturday during the first weekend of September, as specified in the USCG District 1 Local No- tice to Mariners. • Time: 7:00 p.m. to 11:00 p.m. • Location: All waters of Gloucester Harbor within a 350-yard radius of the launch site on the beach located at position 42°36.3′ N, 070°40.5′ W (NAD 83). 9.2 Plymouth Yacht Club Celebration Fireworks ...... • Event Type: Fireworks Display. • Sponsor: Plymouth Yacht Club. • Date: A one-day event on Saturday during the first weekend of September, as specified in the USCG District 1 Local No- tice to Mariners. • Time: 9:00 p.m. to 11:00 p.m. • Location: All waters of Plymouth Harbor within a 350-yard radius of the fireworks barge located at position 41°22.3′ N, 070°39.4′ W (NAD 83). 9.3 Somerville Riverfest Fireworks ...... • Event Type: Fireworks Display. • Sponsor: Federal Realty Investment Trust. • Date: A one-day event on Saturday during the last weekend of September, as specified in the USCG District 1 Local No- tice to Mariners. • Time: 7:30 p.m. to 10:00 p.m. • Location: All waters of the Mystic River within a 350-yard radius of the fireworks barge located at position 42°23.9′ N, 071°04.8′ W (NAD 83). 9.4 Mayflower Triathlon ...... • Event Type: Swim. • Sponsor: Fast Forward Race Management. • Date: A one-day event on Saturday during the first weekend of September, as specified in the USCG District 1 Local No- tice to Mariners.

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TABLE 1—Continued • Time: 10:00 a.m. to 11:00 a.m. • Location: All waters of Plymouth Inner Harbor within the following points (NAD 83): 41°58.3′ N, 070°40.6′ W. 41°58.7′ N, 070°39.1′ W. 41°56.8′ N, 070°37.8′ W. 41°57.1′ N, 070°39.2′ W. 9.5 Plymouth Rock Triathlon ...... • Event Type: Swim. • Sponsor: Fast Forward Race Management. • Date: A one-day event on Sunday during the first weekend of September, as specified in the USCG District 1 Local No- tice to Mariners. • Time: 7:00 a.m. to 9:30 a.m. • Location: All waters of Plymouth Inner Harbor within the following points (NAD 83): 41°58.3′ N, 070°40.6′ W. 41°58.7′ N, 070°39.1′ W. 41°56.8′ N, 070°37.8′ W. 41°57.1′ N, 070°39.2′ W. 9.6 Duxbury Beach Triathlon ...... • Event Type: Swim. • Sponsor: Duxbury Beach Triathlon. • Date: A one-day event on Saturday during the third weekend of September, as specified in the USCG District 1 Local No- tice to Mariners. • Time: 08:30 a.m. to 09:30 a.m. • Location: All waters of Duxbury Bay on the south side of the Powder Point Bridge within the following points (NAD 83): 42°02.8′ N, 070°39.1′ W. 42°03.0′ N, 070°38.7′ W. 42°02.8′ N, 070°38.6′ W. 42°02.7′ N, 070°39.0′ W. 9.7 Boston Harbor Sharkfest Swim ...... • Event Type: Swim. • Sponsor: Enviro-Sports Productions, Inc. • Date: A one-day event on a Saturday during the second or third weekend in September, as specified in the USCG Dis- trict 1 Local Notice to Mariners. • Time: 10:00 a.m. to 1:00 p.m. • Location: All waters of Boston Inner Harbor, Piers Park East Boston to Fan Pier, South Boston, Ma within the following points (NAD 83): 42°21.7′ N, 071°02.1′ W. 42°21.8′ N, 071°02.4′ W. 42°21.3′ N, 071°02.9′ W. 42°21.3′ N, 071°02.3′ W.

10.0 October

10.1 Intercontinental Fireworks ...... • Event Type: Fireworks Display. • Sponsor: Intercontinental Hotel. • Date: A one-day event on Sunday during the last weekend of October, as specified in the USCG District 1 Local Notice to Mariners. • Time: 8:30 p.m. to 10:30 p.m. Location: All waters of Boston Inner Harbor within a 350-yard radius of the fireworks barge located at position 42°21.2′ N, 071°03′ W (NAD 83).

12.0 December

12.1 First Night Boston Fireworks ...... • Event Type: Fireworks Display. • Sponsor: First Night, Inc. • Date: A one-day event on New Year’s Eve, as specified in the USCG District 1 Local Notice to Mariners. • Time: 11:30 p.m. to 12:30 a.m. • Location: All waters of Boston Inner Harbor within a 350- yard radius of the fireworks barge located at position 42°21.7′ N, 071°02.6′ W (NAD 83).

[USCG–2011–0109, 76 FR 69626, Nov. 9, 2011, as amended by USCG–2013–0060, 78 FR 67030, Nov. 8, 2013

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§ 165.119 Safety Zone; Captain of the one and half inch wide red lettering on Port Boston Fireworks display a white background. zones, Boston Harbor, Boston, MA. (c) Enforcement period. The Coast (a) Boston Inner Harbor. The following Guard anticipates that these safety areas are designated as safety zones: zones will be enforced between 6:00 p.m. (1) Charlestown Safety Zone. All U.S. (e.s.t.) and 1:00 a.m. (e.s.t.). The exact navigable waters of Boston inner Har- dates and times will be published as de- bor within a 700-foot radius of the fire- scribed in paragraph (b) of this section. works barge in approximate position (d) Definitions. For purposes of this 42°22′12.7″ N 071°02′53″ W (NAD 1983), lo- section ‘‘Designated representative’’ is cated off of Pier 5 Charlestown Navy any Coast Guard commissioned, war- Yard. rant, or petty officer who has been des- (2) Long Wharf Safety Zone. All U.S. ignated by the Captain of the Port Bos- navigable waters of Boston inner Har- ton (COTP) to act on the COTP’s be- bor within a 700-foot radius of the fire- half. The designated representative works barge in approximate position may be on an Official Patrol Vessel; Of- 42°21′41.2″ N 071°02′36.5″ W (NAD 1983), ficial Patrol Vessel may consist of any located off of Long Wharf, Boston MA. Coast Guard, Coast Guard Auxiliary, state, or local law enforcement vessels (3) Fan Pier Safety Zone. All U.S. nav- assigned or approved by the COTP or igable waters of Boston inner Harbor the designated representative may be within a 700-foot radius of the fire- on shore and will communicate with works barge in approximate position vessels via VHF–FM radio or 42°21′23.2″ N 071°02′26″ W (NAD 1983), lo- loudhailer. In addition, members of the cated off of the Fan Pier, South Bos- Coast Guard Auxiliary may be present ton, MA. to inform vessel operators of this regu- (4) Pier 6 Safety Zone. All U.S. navi- lation. gable waters of Boston inner Harbor (e) No vessels, except for fireworks within a 700-foot radius of the fire- barges and accompanying vessels, will works barge in approximate position be allowed to enter into, transit 42°21′11.9″ N 071°02′1.3″ W (NAD 1983), lo- through, or anchor within one of the cated off of Pier 6, South Boston, MA. aforementioned safety zones during an (5) North Jetty Safety Zone. All U.S. enforcement period without the per- navigable waters of Boston inner Har- mission of the COTP or the designated bor within a 700-foot radius of the fire- representative. works barge in approximate position (f) All persons and vessels permitted 42°21′01″ N 071°01′31.7″ W (NAD 1983), lo- to enter one of these safety zones dur- cated off of the North Jetty, South ing an enforcement period shall comply Boston, MA. with the instructions of the COTP or (6) Castle Island Safety Zone. All U.S. the designated on-scene representative. navigable waters of Boston inner Har- Upon being hailed by a U.S. Coast bor within a 700-foot radius of the fire- Guard vessel by siren, radio, flashing works barge in approximate position light, or other means, the operator of a ° ′ ″ N 071°00′28.1″ W (NAD 1983), 42 20 27.4 vessel shall proceed as directed. located off of the Castle Island, South (g) Vessel operators desiring to enter Boston, MA. or operate within a safety zone during (b) Notification. Coast Guard Sector a period of enforcement shall contact Boston will use all appropriate means the COTP or the designated on-scene to notify the public in advance of an representative via VHF channel 16 or event of the enforcement of these safe- 617–223–5757 (Sector Boston Command ty zones to include publishing a Notice Center) to obtain permission. of Enforcement in the FEDERAL REG- ISTER and through the local Notice to [USCG–2013–0503, 79 FR 26848, May 12, 2014] Mariners and Broadcast Notice to Mariners. Fireworks barges used in § 165.121 Safety and Security Zones: these locations will also have a sign on High Interest Vessels, Narragansett their port and starboard side labeled Bay, Rhode Island. ‘‘FIREWORKS—STAY AWAY’’. This (a) Location. (1) All waters of Rhode sign will consist of a ten inch high by Island Sound within a 1⁄2 mile radius of

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any high interest vessel while the ves- north of the COLREGS demarcation sel is anchored within 1⁄2 mile of the line and west of the Mt. Hope Bridge, point Latitude 41°25′ N, Longitude 71°23′ and all of the navigable waters of the W in the Narragansett Bay Pre- Providence River from Conimicut cautionary Area. Point to the Providence hurricane bar- (2) All waters of Rhode Island Sound, rier. Narragansett Bay, the Providence and (b) Regulations. (1) All commercial Taunton Rivers 2 miles ahead and 1 vessels must: mile astern, and extending 1000 yards (i) Maintain a minimum 10% of the on either side of any high interest ves- vessel’s draft as an under-keel clear- sel transiting Narragansett Bay, or the ance when not assisted by tugs, or Providence and Taunton Rivers. when not moored at an assigned berth. (3) All waters and land within a 1000- Under-keel clearance is the minimum yard radius of any high interest vessel clearance available between the deep- moored at a waterfront facility in the est point on the vessel and the bottom Providence Captain of the Port zone. of the waterway, in calm water. (b) High interest vessels defined. For (ii) Have at least one mile of visi- purposes of this section, high interest bility to transit the Providence River vessels operating in the Providence between 41°43′01.4″ N; 071°20′41.7″ W Captain of the Port zone include the (Conimicut Light (LLNR 18305)) and following: barges or ships carrying liq- 41°47′38.8″ N; 071°22′46.7″ W (Channel uefied petroleum gas (LPG), liquefied Light 42 (LLNR 18580)). natural gas (LNG), chlorine, anhydrous (2) Vessels over 65 feet in length in- ammonia, or any other cargo deemed bound for berths in the Providence to be high interest by the Captain of River are required to make Safety Sig- the Port, Providence. nal (SECURITE) calls on both VHF (c) Regulations. (1) Entry into or channels 13 and 16 at the following geo- movement within these zones, includ- graphic locations: ing below the surface of the water, dur- (i) Pilot Boarding Area; ing times in which high interest vessels (ii) Abeam of Castle Hill; are present and the zones are enforced (iii) Abeam of Sandy Point; is prohibited unless authorized by the (iv) Abeam of 41°43′01.4″ N; 071°20′41.7″ COTP Providence or authorized rep- W (Conimicut Point Light (LLNR resentative. 18305)); (2) The general regulations covering (v) Abeam of Sabin Point; and safety and security zones in §§ 165.23 (vi) Upon mooring. and 165.33, respectively, of this part (3) Vessels over 65 feet in length in- apply. bound for berths in Mount Hope Bay or (3) All persons and vessels shall com- in the Taunton River are required to ply with the instructions of the COTP, make SECURITE calls on both VHF and the designated on-scene U.S. Coast channels 13 and 16 at the following geo- Guard personnel. On-scene Coast Guard graphic locations: patrol personnel include commissioned, (i) Pilot Boarding Area; warrant, and petty officers of the Coast (ii) Abeam of Castle Hill; Guard on board Coast Guard, Coast (iii) Abeam of Sandy Point; and Guard Auxiliary, local, state, and fed- (iv) At position 41°39′32.4″ N;071°14′ eral law enforcement vessels. 02.6″ W (Mount Hope Bay Junction Lighted Gong Buoy ‘‘MH’’ (LLNR [CGD01–02–065, 67 FR 56224, Sept. 3, 2002, as amended by USCG–2013–0060, 78 FR 67030, 18790)). Nov. 8, 2013] (4) Vessels over 65 feet in length outbound for sea down the Providence § 165.122 Regulated Navigation Area: River Channel shall make SECURITE Navigable waters within Narragan- calls on VHF channels 13 and 16 at the sett Bay and the Providence River, following geographic locations: Rhode Island. (i) One-half hour prior to departure (a) Description of the regulated naviga- from the berth; tion area (RNA). The Regulated Naviga- (ii) At departure from the berth; tion Area (RNA) encompasses all of the (iii) Abeam of Sabin Point; navigable waters of Narragansett Bay (iv) Abeam of Gaspee Point; and

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(v) Abeam of position 41°43′01.4″ N; under escort of U.S. Coast Guard law 071°20′41.7″ W (Conimicut Light (LLNR enforcement personnel or designated 18305)). representative, or (5) Vessels over 65 feet in length out- (2) Within a 100-yard radius of any bound for sea down from Mount Hope cruise ship that is anchored, at any Bay through Narragansett Bay are re- berth or moored. quired to make SECURITE calls on (b) Definitions. For the purposes of VHF channels 13 and 16 at the fol- this section— lowing geographic locations: Cruise ship means a passenger vessel (i) One-half hour prior to departure as defined in 46 U.S.C. 2101(22), that is from the berth; authorized to carry more than 400 pas- (ii) At departure from the berth; and sengers and is 200 or more feet in (iii) At position 41°39′32.4″ N;071°14′ length. A cruise ship under this section 02.6″ W (Mount Hope Bay Junction Lighted Gong Buoy ‘‘MH’’ (LLNR will also include ferries as defined in 46 18790)). CFR 2.10–25 that are authorized to (6) Vessels 65 feet and under in carry more than 400 passengers and are length, and all recreational vessels, 200 feet or more in length. when meeting deep draft commercial Designated representative means any vessel traffic in all locations within Coast Guard commissioned, warrant, or this RNA shall keep out of the way of petty officer who has been designated the oncoming deep draft commercial by the COTP to act on the COTP’s be- vessel. Nothing in this regulation, how- half. The designated representative ever, relieves a vessel of any duty pre- may be on a Coast Guard vessel, or on- scribed in the Inland Navigation Rules board Federal, state, or a local agency (set forth in 33 U.S.C. 2005 et seq.) vessel that is authorized to act in sup- (7) The Captain of the Port (COTP) port of the Coast Guard. Southeastern New England may au- Southeastern New England COTP Zone thorize a deviation from these regula- is as defined in 33 CFR 3.05–20. tions. Parties wishing to request a de- (c) Enforcement. The security zones viation must do so in advance by con- described in this section will be acti- tacting the COTP Southeastern New vated and enforced upon entry of any England, at 508–457–3211, or via VHF cruise ship into the navigable waters of Channel 13 (156.7 MHz), or VHF channel the United States (see 33 CFR 2.36(a) to 16 (156.8 MHz). Any person or vessel re- include the 12 NM territorial sea) in ceiving permission from the COTP to the Southeastern New England COTP deviate from these regulations must zone. This zone will remain activated comply with any specific instructions at all times while a cruise ship is with- provided by the COTP. in the navigable waters of the United (c) Enforcement. Violations of this States in the Sector Southeastern New RNA should be reported to the COTP England COTP Zone. In addition, the Southeastern New England at 508–457– Coast Guard may broadcast the area 3211. Persons found in violation of designated as a security zone for the these regulations may be subject to duration of the enforcement period via civil or criminal penalties as provided Broadcast Notice to Mariners. for in 33 U.S.C. 1232. (d) Regulations. (1) In accordance with [USCG–2009–0143, 75 FR 15347, Mar. 29, 2010] the general regulations in 33 CFR part 165, subpart D, no person or vessel may § 165.123 Cruise Ships, Sector South- enter or move within the security eastern New England Captain of zones created by this section unless the Port (COTP) Zone. granted permission to do so by the (a) Location. The following areas are COTP Southeastern New England or security zones: All navigable waters the designated representative. within the Southeastern New England (2) All persons and vessels granted Captain of the Port (COTP) Zone, ex- permission to enter a security zone tending from the surface to the sea must comply with the instructions of floor: the COTP or the designated representa- (1) Within a 200-yard radius of any tive. Emergency response vessels are cruise ship that is underway and is authorized to move within the zone,

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but must abide by the restrictions im- without undue risk to environmental posed by the COTP or the designated remediation efforts. Requests for waiv- representative. ers should be submitted in writing to (3) No person may swim upon or Commander, U.S. Coast Guard Sector below the surface of the water within Southeastern New England, 1 Little the boundaries of these security zones Harbor Road, Woods Hole, MA, 02543, unless previously authorized by the with a copy to the U.S. Environmental COTP or his designated representative. Protection Agency, Region 1, New Bed- (4) Upon being hailed by a U.S. Coast ford Harbor Remedial Project Manager, Guard vessel or the designated rep- 5 Post Office Square, Suite 100 resentative, by siren, radio, flashing light or other means, the operator of (OSRR07), Boston, MA 02109, to facili- the vessel shall proceed as directed. tate review by the EPA and U.S. Coast (5) Vessel operators desiring to enter Guard. or operate within the security zone [USCG–2010–1119, 76 FR 35744, June 20, 2011] shall contact the COTP or the designated representative via VHF chan- § 165.130 Sandy Hook Bay, New Jer- nel 16 or 508–457–3211 (Sector South- sey—security zone. eastern New England command center) (a) Naval Ammunition Depot Piers. The to obtain permission to do so. navigable waters within the following [USCG–2010–0803, 76 FR 41075, July 13, 2011] boundaries are a security zone: A line beginning on the shore at 40°25′55.6″ N, § 165.125 Regulated Navigation Area; 074°04′31.4″ W; thence to 40°26′54.0″ N, EPA Superfund Site, New Bedford Harbor, Massachusetts. 074°03′53.0″ W; thence to 40°26′58.0″ N, 074°04′03.0″ W; thence to 40°27′56.0″ N, (a) Location. The regulated naviga- 074°03′24.0″ W; thence to 40°27′28.5″ N, tion area encompasses all waters ° ′ ″ ° ′ ″ bounded by a line beginning at 074 02 10.4 W; thence to 40 26 29.5 N, ° ′ ″ ° ′ ″ 41°37′22.5″ N, 070°54′34.1″ W; thence to 074 02 51.2 W; thence to 40 26 31.4 N, ° ′ ″ ° ′ ″ 41°37′14.4″ N, 070°54′19.6″ W; thence to 074 02 55.4 W; thence to 40 25 27.1 N, 41°36′58.5″ N, 070°54′08.1″ W; thence to 074°03′39.7″ W; thence northwest along 41°36′45.0″ N, 070°54′26.9″ W; thence along the shoreline to the beginning point. the shoreline and south side of the hur- (b) Terminal Channel. The waters ricane barrier to the beginning point. within the following boundaries are a (b) Regulations. (1) All vessels and security zone—A line beginning at persons are prohibited from activities 40°27′41.2″ N, 74°02′46″ W; then to 40°28′27″ that would disturb the seabed within N, 74°02′17.2″ W; then to 40°28′21.1″ N, the regulated navigation area, includ- 74°02′00″ W; then to 40°28′07.8″ N, ing but not limited to anchoring, drag- 74°02′22″ W; then to 40°27′39.8″ N, ging, trawling, and spudding. Vessels 74°02′41.4″ W; then to the beginning. may otherwise transit or navigate (c) The following rules apply to the within this area without reservation. security zone established in paragraph (2) The prohibition described in para- (b) of this section (Terminal Channel) graph (b)(1) of this section shall not instead of the rule in § 165.33(a): apply to vessels or persons engaged in (1) No vessel shall anchor, stop, re- activities associated with remediation 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. may, in consultation with the U.S. (3) Vessels may enter or cross the se- EPA, authorize a waiver from this sec- curity zone, except as provided in para- tion if he or she determines that the graph (c)(2) of this section. proposed activity can be performed

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(4) No person may swim in the secu- southwest corner of the Gulf facility) rity zone. thence north along the shoreline to point C at 41°17′57.35″ N, 072°54′04.37″ W [CGD 77–118a, 42 FR 35784, July 11, 1977. Re- designated by CGD 81–017, 46 FR 28154, May (the northwest corner of the R & H Ter- 26, 1981, and CGD 87–008b, 52 FR 25218, July 6, minal dock) thence along a line 303°T 1987; USCG–2007–0074, 74 FR 7191, Feb. 13, to point D at 41°18′05.35″ N, 072°54′21.37″ 2009] W (the west bank of the mouth of the Mill River) thence south along the § 165.141 Safety Zone: Sunken vessel shoreline to point of origin. All coordi- EMPIRE KNIGHT, Boon Island, ME. nates are North American Datum 1983. (a) Location. The following area is a (b) Regulations. (1) No person may op- safety zone: All waters of the Atlantic erate a vessel or tow a barge in this Ocean within a 1,000 yard radius of the Regulated Navigation Area in violation stern section of the sunken vessel EM- of these regulations. PIRE KNIGHT, in approximate posi- (2) Applicability. The regulations tion 43°06′19″ N, 70°27′09″ W, (NAD 1983) apply to barges with a freeboard great- and extending from the water’s surface er than ten feet and to any vessel tow- to the seabed floor. ing or pushing these barges on out- (b) Effective date. This section is ef- bound transits of the Tomlinson fective on August 23, 1996, twenty-four Bridge. hours a day, seven days a week. (3) Regulated barges may not transit (c) Regulations. (1) The general regu- the bridge— lations contained in 33 CFR 165.23 (i) During the period from one hour apply. to five hours after high water slack, (2) All vessels and persons are prohib- (ii) When the wind speed at the ited from anchoring, diving, dredging, bridge is greater than twenty knots, dumping, fishing, trawling, laying and cable, or conducting salvage operations (iii) With the barge being towed on a in this zone except as authorized by the hawser, stern first. Coast Guard Captain of the Port, Port- (4) Regulated barges with a beam land, Maine. Innocent transit through greater than fifty feet must be pushed the area within the safety zone is not ahead through the bridge. affected by this regulation and does (5) If the tug operator does not have not require the authorization of the a clear view over the barge when push- Captain of the Port. ing ahead, the operator shall post a (3) All persons and vessels shall com- lookout on the barge with a means of ply with the instructions of the COTP communication with the operator. or the designated on scene patrol per- (6) Regulated barges departing the sonnel. U.S. Coast Guard patrol per- Mill River may transit the bridge only sonnel include commissioned, warrant, between sunrise and sunset. Barges and petty officers of the Coast Guard. must be pushed ahead of the tug, bow Upon being hailed by a U.S. Coast first, with a second tug standing by to Guard vessel via siren, radio, flashing assist at the bow. light, or other means, the operator of a (7) Nothing in this section is intended vessel shall proceed as directed. to relieve any person from complying [CGD 01–95–141, 61 FR 60032, Nov. 26, 1996] with: (i) Applicable Navigation and Pilot § 165.150 New Haven Harbor, Rules for Inland Waters; Quinnipiac River, Mill River. (ii) Any other laws or regulations; (a) Boundaries. The following is a reg- (iii) Any order or direction of the ulated navigation area: The waters sur- Captain of the Port. rounding the Tomlinson Bridge and (8) The Captain of the Port Sector Pearl Harbor Memorial Bridge (I–95 Long Island Sound (COTP) may issue Bridge) located within a line extending an authorization to deviate from any from a point A at 41°17′50.35″ N, regulation in paragraph (b) of this sec- 072°54′34.37″ W (the southeast corner of tion if the COTP determines that an al- the Magellan Pink Tanks Terminal ternate operation can be done safely. dock) thence along a line 126°T to point (9) The COTP may temporarily close B at 41°17′42.35″ N, 072°54′19.37″ W (the the RNA for any situation the COTP

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determines would create an imminent (i) Be submitted no less than 60 days hazard to waterway users in the RNA. before the date of the proposed event. Entry into the RNA during temporary (ii) If the proposed event does not closure is prohibited unless authorized have a specified date the sponsor shall by the COTP or the COTP’s designated hold the event during the month it is representative. The COTP or des- listed in Tables 1 or 2 to § 165.151. ignated representative may order the (iii) For those proposed events listed removal of any vessel or equipment in Table 1 to § 165.151 to be held during within the RNA. To assure wide ad- the month of July, the event may take vance notice of each closure among af- place during the final seven days of fected mariners, the COTP may use June. means including, but not limited to, (iv) Any proposed event not being Broadcast Notice to Mariners and held on the specified date or within the Local Notice to Mariners. The COTP month listed in Tables 1 or 2 to § 165.151 will announce the dates and times of shall be considered a new marine event the closure and whether exceptions will and the sponsor shall submit a new ma- be authorized for emergency or other rine event application in accordance specific vessel traffic. with 33 CFR 100.15 no less than 135 days before the start of the event. [CGD 79–034, 47 FR 29660, July 8, 1982, as (b) Definitions. The following defini- amended by CGD 80–069, 47 FR 53368, Nov. 26, tions apply to this section: 1982. Redesignated by CGD 87–008b, 52 FR (1) Designated representative. A ‘‘des- 25218, July 6, 1987, as amended by USCG–2012– ignated representative’’ is any Coast 0343, 77 FR 67565, Nov. 13, 2012] Guard commissioned, warrant or petty officer of the U.S. Coast Guard who has § 165.151 Safety Zones; Fireworks Dis- plays, Air Shows and Swim Events been designated by the Captain of the in the Captain of the Port Long Is- Port (COTP), Sector Long Island Sound land Sound Zone. (LIS), to act on his or her behalf. The designated representative may be on an (a) Regulations. (1) The general regu- official patrol vessel or may be on lations contained in 33 CFR 165.23 as shore and will communicate with ves- well as the following regulations apply sels via VHF–FM radio or loudhailer. to the fireworks displays, air shows, In addition, members of the Coast and swim events listed in Tables 1 and Guard Auxiliary may be present to in- 2 to § 165.151. form vessel operators of this regula- (2) These regulations will be enforced tion. for the duration of each event. Notifi- (2) Official patrol vessels. Official pa- cations will be made to the local mari- trol vessels may consist of any Coast time community through all appro- Guard, Coast Guard Auxiliary, state, or priate means such as Local Notice to local law enforcement vessels assigned Mariners or Broadcast Notice to Mari- or approved by the COTP. ners well in advance of the events. If (3) Spectators. All persons and vessels the event does not have a date listed, not registered with the event sponsor then exact dates and times of the en- as participants or official patrol ves- forcement period will be announced sels. through a Notice of Enforcement in the (c) Vessel operators desiring to enter FEDERAL REGISTER. Mariners should or operate within the regulated areas consult the FEDERAL REGISTER or their should contact the COTP at 203–468– Local Notice to Mariners to remain ap- 4401 (Sector LIS command center) or prised of schedule or event changes. the designated representative via VHF First Coast Guard District Local No- channel 16 to obtain permission to do tice to Mariners can be found at http:// so. www.navcen.uscg.gov/. (d) Spectators or other vessels shall (3) Although listed in the Code of not anchor, block, loiter, or impede the Federal Regulations, sponsors of events transit of event participants or official listed in Tables 1 and 2 to § 165.151 are patrol vessels in the regulated areas still required to submit marine event during the effective dates and times, or applications in accordance with 33 CFR dates and times as modified through 100.15. Each application must: the Local Notice to Mariners, unless

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authorized by COTP or designated rep- scribed as the location for that show resentative. unless otherwise noted in Table 1 to (e) Upon being hailed by a U.S. Coast § 165.151 or modified in USCG First Dis- Guard vessel or the designated rep- trict Local Notice to Mariners at: resentative, by siren, radio, flashing http://www.navcen.uscg.gov/. light or other means, the operator of (i) Fireworks barges used in these lo- the vessel shall proceed as directed. cations will also have a sign on their Failure to comply with a lawful direc- port and starboard side labeled ‘‘FIRE- tion may result in expulsion from the WORKS—STAY AWAY’’. This sign will area, citation for failure to comply, or both. consist of 10 inch high by 1.5 inch wide (f) The COTP or designated rep- red lettering on a white background. resentative may delay or terminate Shore sites used in these locations will any marine event in this subpart at display a sign labeled ‘‘FIREWORKS— any time it is deemed necessary to en- STAY AWAY’’ with the same dimen- sure the safety of life or property. sions. These zones will be enforced (g) The regulated area for all fire- from 8:30 p.m. to 10:30 p.m. each day a works displays listed in Table 1 to barge with a ‘‘FIREWORKS—STAY § 165.151 is that area of navigable AWAY’’ sign on the port and starboard waters within a 1000 foot radius of the side is on-scene or a ‘‘FIREWORKS— launch platform or launch site for each STAY AWAY’’ sign is posted in a loca- fireworks display, unless otherwise tion listed in Table 1 to § 165.151. noted in Table 1 to § 165.151 or modified (j) For all swim events listed in Table in USCG First District Local Notice to 2 to § 165.151, vessels not associated Mariners at: http://www.navcen.uscg.gov/ with the event shall maintain a separa- . tion of at least 100 yards from the par- (h) The regulated area for all air ticipants. shows is the entire geographic area de-

TABLE 1 TO § 165.151

2 February

2.1 Sag Harbor COC Winter Harbor Frost Fireworks Date: A day during the first or second weekend of February from 6:15 p.m. until 6:45 p.m. Location: Waters of Sag Harbor off Long Wharf St. Pier in Sag Harbor, NY in approximate position 41°00′16.82″ N, 072°17′43.78″ W (NAD 83).

4 April

4.1 Bridgeport Bluefish April Fireworks ...... • Location: Waters of the Pequannock River’s Lower Reach surrounding Steel Point in Bridgeport, CT in approximate position 41°10′35″ N 073°10′58″ W (NAD 83).

5 May

5.1 Jones Beach Air Show ...... • Date: The Thursday through Sunday before Memo- rial Day each May from 9:30 a.m. until 3:30 p.m. each day. • Location: Waters of Atlantic Ocean off Jones Beach State Park, Wantagh, NY. In approximate positions 40°34′54″ N, 073°33′21″ W, then running east along the shoreline of Jones Beach State Park to approximate position 40°35′49″ N, 073°28′47″ W; then running south to a position in the Atlantic Ocean off of Jones Beach at approximate position 40°33′15″ N, 073°33′09″ W; then running West to approximate position 40°35′05″ N, 073°28′34″ W; then running North to the point of origin. (NAD 83).

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TABLE 1 TO § 165.151—Continued 5.2 Greenport Spring Fireworks ...... • Date: A day during the last week of May or First week of June. • Location: Waters of Greenport Harbor off Mitchell Park and Marina, Greenport, NY in approximate position 41°05′59.09″ N, 072°21′31.44″ W (NAD 83).

6 June

6.1 Barnum Festival Fireworks ...... • Date: last Saturday in June • Rain Date: following Saturday • 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).

6.2 Town of Branford Fireworks ...... • Location: Waters of Branford Harbor, Branford, CT in approximate position, 41°15′30″ N, 072°49′22″ W (NAD 83).

6.3 Vietnam Veterans/Town of East Haven Fireworks • Location: Waters off Cosey beach, East Haven, CT in approximate position, 41°14′19″ N, 072°52′9.8″ W (NAD 83).

6.4 Salute to Veterans Fireworks ...... • Date: The third Saturday of June. • Rain date: The fourth Saturday of June. • Location: Waters of Reynolds Channel off Hemp- stead, NY in approximate position 40°35′36.62″ N, 073°35′20.72″ W (NAD 83).

6.5 Cherry Grove Arts Project Fireworks ...... • Date: A single day during the first two weeks of June.

• Location: Waters of the Great South Bay off Cherry Grove, NY in approximate position 40°39′49.06″ N, 073°05′27.99″ W (NAD 83).

6.6 Bridgeport Bluefish June Fireworks ...... • Location: Waters of the Pequannock River’s Lower Reach surrounding Steel Point in Bridgeport, CT in approximate position 41°10′35″ N, 073°10′58″ W (NAD 83).

7 July

7.1 Point O’Woods Fire Company Summer Fireworks • 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).

7.2 Cancer Center for Kids Fireworks ...... • Location: Waters off of Bayville, NY in approximate position 40°54′38.20″ N, 073°34′56.88″ W (NAD 83).

7.3 City of Westbrook, CT July Celebration Fireworks • Location: Waters of Westbrook Harbor, Westbrook, CT in approximate position, 41°16′10.50″ N, 072°26′14″ W (NAD 83).

7.4 Norwalk Fireworks ...... • Location: Waters off Calf Pasture Beach, Norwalk, CT in approximate position, 41°04′50″ N, 073°23′22″ W (NAD 83).

7.5 Lawrence Beach Club Fireworks ...... • Location: Waters of the Atlantic Ocean off Law- rence Beach Club, Atlantic Beach, NY in approximate position 40°34′42.65″ N, 073°42′56.02″ W (NAD 83).

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TABLE 1 TO § 165.151—Continued 7.6 Sag Harbor Fireworks ...... • Location: Waters of Sag Harbor Bay off Havens Beach, Sag Harbor, NY in approximate position 41°00′26″ N, 072°17′9″ W (NAD 83).

7.7 South Hampton Fresh Air Home Fireworks ...... • Location: Waters of Shinnecock bay, Southampton, NY in approximate positions, 40°51′48″ N, 072°26′30″ W (NAD 83).

7.8 Westport Police Athletic league Fireworks ...... • Location: Waters off Compo Beach, Westport, CT in approximate position, 41°06′15″ N, 073°20′57″ W (NAD 83).

7.9 City of Middletown Fireworks ...... • Date: July 4. • Rain date: July 5. • Time: 8:30 p.m. to 10:30 p.m. • Location: Waters of the Connecticut River, Middle- town Harbor, Middletown, CT in approximate position 41°33′44.47″ N, 072°38′37.88″ W (NAD 83).

7.10 City of New Haven Fireworks ...... • Date: July 4. • Rain date: July 5. • Time: 8:30 p.m. to 10:30 p.m. • Location: Waters of New Haven Harbor, off Long Warf Park, New Haven, CT in approximate position 41°17′24″ N, 072°54′55.8″ W (NAD 83).

7.11 City of Norwich July Fireworks ...... • Date: July 4. • Rain date: July 5. • Time: 8:30 p.m. to 10:30 p.m. • Location: Waters of the Thames River, Norwich, CT in approximate position, 41°31′16.835″ N, 072°04′43.327″ W (NAD 83).

7.12 City of Stamford Fireworks ...... • Date: July 4. • Rain date: July 5. • Time: 8:30 p.m. to 10:30 p.m. • Location: Waters of Fisher’s Westcott cove, Stam- ford, CT in approximate position 41°02′09.56″ N, 073°30′57.76″ W (NAD 83).

7.13 City of West Haven Fireworks ...... • Date: July 4. • Rain date: July 5. • Time: 8:30 p.m. to 10:30 p.m. • Location: Waters of New Haven Harbor, off Brad- ley Point, West Haven, CT in approximate position 41°15′07″ N, 072°57′26″ W (NAD 83).

7.14 CDM Chamber of Commerce Annual Music • Date: July 4. Fest Fireworks. • Rain date: July 5. • Time: 8:30 p.m. to 10:30 p.m. • Location: Waters off of Cedar Beach Town Park, Mount Sinai, NY in approximate position 40°57′59.58″ N, 073°01′57.87″ W (NAD 83).

7.15 Davis Park Fireworks ...... • Date: July 4. • Rain date: July 5. • 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′17″ N, 073°00′20″ W (NAD 83).

7.16 Fairfield Aerial Fireworks ...... • Date: July 4. • Rain date: July 5. • Time: 8:30 p.m. to 10:30 p.m.

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TABLE 1 TO § 165.151—Continued • Location: Waters of Jennings Beach, Fairfield, CT in approximate position 41°08′22″ N, 073°14′02″ W (NAD 83).

7.17 Fund in the Sun Fireworks ...... • Date: July 4. • Rain date: July 5. • Time: 8:30 p.m. to 10:30 p.m. • Location: Waters of the Great South Bay off The Pines, East Fire Island, NY in approximate position 40°40′07.43″ N, 073°04′13.88″ W (NAD 83).

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

7.19 Jones Beach State Park Fireworks ...... • Date: July 4. • Rain date: July 5. • Time: 8:30 p.m. to 10:30 p.m. • Location: Waters off of Jones Beach State Park, Wantagh, NY in approximate position 40°34′56.676″ N, 073°30′31.186″ W (NAD 83).

7.20 Madison Cultural Arts Fireworks ...... • Date: July 4. • Rain date: July 5. • Time: 8:30 p.m. to 10:30 p.m. • Location: Waters of Long Island Sound off of, Madison, CT in approximate position 41°16′10″ N, 072°36′30″ W (NAD 83).

7.21 Mason’s Island Yacht Club Fireworks ...... • Date: July 4. • Rain date: July 5. • 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).

7.22 Patchogue Chamber of Commerce Fireworks ... • Date: July 4. • Rain date: July 5. • Time: 8:30 p.m. to 10:30 p.m. • Location: Waters of the Great South Bay, Patchogue, NY in approximate position, 40°44′38″ N, 073°00′33″ W (NAD 83).

7.23 Riverfest Fireworks ...... • Date: July 4. • Rain date: July 5. • Time: 8:30 p.m. to 10:30 p.m. • Location: Waters of the Connecticut River Hartford, CT in approximate positions, 41°45′39.93″ N, 072°39′49.14″ W (NAD 83).

7.24 Village of Asharoken Fireworks ...... • Date: July 4. • Rain date: July 5. • Time: 8:30 p.m. to 10:30 p.m. • Location: Waters of Northport Bay, Asharoken, NY in approximate position, 41°55′54.04″ N, 073°21′27.97″ W (NAD 83).

7.25 Village of Port Jefferson Fourth of July Celebra- • Date: July 4. tion Fireworks. • Rain date: July 5. • Time: 8:30 p.m. to 10:30 p.m.

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TABLE 1 TO § 165.151—Continued • Location: Waters of Port Jefferson Harbor Port Jef- ferson, NY in approximate position 40°57′10.11″ N, 073°04′28.01″ W (NAD 83).

7.26 Village of Quoque Foundering Anniversary Fire- • Date: July 4. works. • Rain date: July 5. • Time: 8:30 p.m. to 10:30 p.m. • Location: Waters of Quantuck Bay, Quoque, NY in approximate position 40°48′42.99″ N, 072°37′20.20″ W (NAD 83).

7.27 City of Long Beach Fireworks ...... • 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).

7.28 Great South Bay Music Festival Fireworks ...... • Location: Waters of Great South Bay, off Bay Ave- nue, Patchogue, NY in approximate position 40°44′45″ N, 073°00′25″ W (NAD 83).

7.29 Mashantucket Pequot Fireworks ...... • Location: Waters of the Thames River New Lon- don, CT in approximate positions Barge 1, 41°21′03.03″ N, 072°5′24.5″ W Barge 2, 41°20′51.75″ N, 072°5′18.90″ W (NAD 83).

7.30 Shelter Island Fireworks ...... • Location: Waters of Gardiner Bay, Shelter Island, NY in approximate position 41°04′39.11″ N, 072°22′01.07″ W (NAD 83).

7.31 Clam Shell Foundation Fireworks ...... • Location: Waters of Three Mile Harbor, East Hampton, NY in approximate position 41°1′15.49″ N, 072°11′27.50″ W (NAD 83).

7.32 Town of North Hempstead Bar Beach Fireworks • Location: Waters of Hempstead Harbor, North Hempstead, NY in approximate position 40°49′54″ N, 073°39′14″ W (NAD 83).

7.33 Groton Long Point Yacht Club Fireworks ...... • Location: Waters of Long Island Sound, Groton, CT in approximate position 41°18′05″ N, 072°02′08″ W (NAD 83).

7.34 Devon Yacht Club Fireworks ...... • Date: A day during the first week of July. • Location: Waters of Napeague Bay, in Block Island Sound off Amagansett, NY in approximate position 40°59′41.40″ N, 072°06′08.70″ W (NAD 83).

7.35 Dolan Family Fourth Fireworks ...... • Date: July 4. • Rain date: July 5. • Location: Waters of Oyster Bay Harbor in Long Is- land Sound off Oyster Bay, NY in approximate position 40°53′42.50″ N, 073°30′04.30″ W (NAD 83).

7.36 Friar’s Head Golf Club Fireworks ...... • Date: A day during the first two weeks of July. • Location: Waters of Long Island Sound off Baiting Hollow, NY in approximate position, 40°58′19.53″ N, 072°43′45.65″ W (NAD 83).

7.37 Islip Fireworks ...... • Date: July 4. • Rain date July 5. • Location: Waters of the Great South Bay off Bay Shore Manor Park, Islip, NY in approximate position 40°42′24″ N, 073°14′24″ W (NAD 83).

7.38 Madison Fireworks ...... • Date: July 4. • Rain date: The Saturday following July 4.

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TABLE 1 TO § 165.151—Continued • Location: Waters of Long Island Sound off Madison Beach, Madison, CT in approximate position 41°16′03.93″ N, 072°36′15.97″ W (NAD 83).

7.39 Stratford Fireworks ...... • Date: July 3. • Rain date: July 5. • Location: Waters of Long Island Sound surrounding Short Beach Park, Stratford, CT in approximate position 41°09′50.82″ N, 073°06′47.13″ W (NAD 83).

7.40 Rowayton Fireworks ...... • Date: July 4. • Rain date: July 5. • Location: Waters of Long Island Sound south of Bayley Beach Park in Rowayton, CT in approximate position 41°03′11″ N, 073°26′41″ W (NAD 83).

7.41 Niantic Bay Fireworks ...... • Date: A day during the first three weeks of July. • Location: Waters of Niantic Bay 1500 feet west of the Niantic River Railroad Bridge, Niantic, CT in approximate position 41°19′22.59″ N, 072°11′03.47″ W (NAD 83).

7.42 Connetquot River Summer Fireworks ...... • Date: A day during the first Week of July. • Location: Waters of the Connetquot River off Snap- per Inn Restaurant, Oakdale, NY in approximate position 40°43′32.38″ N, 073°9′02.64″ W (NAD 83).

7.43 North Bay Fourth of July Fireworks ...... • Date: July, 4. • Rain Date: July, 5. • Location: Waters of the Great South Bay in Patchogue Bay 4000 feet south east of Blue Point, NY in approximate position 40°44′6.28″ N, 073°01′02.50″ W (NAD 83).

7.44 National Golf Links Fireworks ...... • Date: A day during the first week of July. • Location: Waters of the Great Peconic Bay d of a mile northwest of Bullhead Bay, Shinnecock, NY in approximate position 40°55′11.79″ N, 072°28′04.34″ W (NAD 83).

7.45 Xirinachs Family Foundation Fireworks ...... • Date: A day during the first two weekends of July. • Location: Waters of Hunting Bay off Beach Ave. Huntington Bay, NY in approximate position 40°54′23.27″ N, 73°25′08.04″ W (NAD 83).

7.46 Irwin family 4th of July ...... • Date: A day during the last week of June or first week of July. • Location: Waters of the Great South Bay off The Helm Rd. East Islip, NY in approximate position 40°42′12.28″ N, 73°12′00.08″ W (NAD 83).

7.47 Westbrook July Celebration ...... • Date: A day during the last week of June or first week of July. • Location: Water of Long Island Sound Westbrook Harbor, West Brook, CT in approximate position 41°16′10″ N, 72°26′14″ W (NAD 83).

7.48 Bridgeport Bluefish July Fireworks ...... • Location: Waters of the Pequannock River’s Lower Reach surrounding Steel Point in Bridgeport, CT in approximate position 41°10′35″ N, 073°10′58″ W (NAD 83).

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TABLE 1 TO § 165.151—Continued 8 August

8.1 Village of Bellport Fireworks ...... • Location: Waters of Bellport Bay, off Bellport Dock, Bellport, NY in approximate position 40°45′01.83″ N, 072°55′50.43″ W (NAD 83).

8.2 Taste of Italy Fireworks ...... • Location: Waters of Norwich Harbor, off Norwich marina, Norwich, CT in approximate position 41°31′17.72″ N, 072°04′43.41″ W (NAD 83).

8.3 Old Black Point Beach Association Fireworks ..... • Location: Waters off Old Black Point Beach East Lyme, CT in approximate position, 41°17′34.9″ N, 072°12′55″ W (NAD 83).

8.4 Town of Babylon Fireworks ...... • Location: Waters off of Cedar Beach Town Park, Babylon, NY in approximate position 40°37′53″ N, 073°20′12″ W (NAD 83).

8.5 Shelter Island Yacht Club Fireworks ...... • Date: The second Saturday of August. • Rain date: the second Sunday of August. • Location: Waters of Dering Harbor north of Shelter Island Yacht Club, Shelter Island, NY in approximate position 41°05′23.47″ N, 072°21′11.18″ W (NAD 83).

8.6 Stamford Fireworks ...... • Date: The last Saturday of August. • Rain date: The last Sunday of August. • Location: Waters of Stamford Harbor, off Kosciuszco Park, Stamford, CT in approximate position 41°01′48.46″ N, 073°32′15.32″ W (NAD 83).

8.7 Nikon Theater at Jones beach Fireworks ...... • Date: A day during the first two weeks of August. • Location: Waters of Zacks Bay off the Nikon The- ater, Jones Beach, NY in approximate position 40°36′02.12″ N, 073°30′05.65″ W (NAD 83).

8.8 Ascension Fireworks ...... • Date: A day during the third or fourth weekend of August. • Location: Waters of the Great South Bay off The Pines, East Fire Island, NY in approximate position 40°40′07.43″ N, 073°04′13.88″ W (NAD 83).

8.9 Bridgeport Bluefish August Fireworks ...... • Location: Waters of the Pequannock River’s Lower Reach surrounding Steel Point in Bridgeport, CT in approximate position 41°10′35″ N, 073°10′58″ W (NAD 83).

9 September

9.1 East Hampton Fire Department Fireworks ...... • Location: Waters off Main Beach, East Hampton, NY in approximate position 40°56′40.28″ N, 072°11′21.26″ W (NAD 83).

9.2 Town of Islip Labor Day Fireworks ...... • Location: Waters of Great South Bay off Bay Shore Marina, Islip, NY in approximate position 40°42′24″ N, 073°14′24″ W (NAD 83).

9.3 Village of Island Park Labor Day Celebration • Location: Waters off Village of Island Park Fishing Fireworks. Pier, Village Beach, NY in approximate position 40°36′30.95″ N, 073°39′22.23″ W (NAD 83).

9.4 The Creek Fireworks ...... • Date: A day during the first week of September.

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TABLE 1 TO § 165.151—Continued • Location: Waters of Long Island Sound off the Creek Golf Course, Lattingtown, NY in approximate position 40°54′13″ N, 073°35′58″ W (NAD 83).

9.5 Archangel Michael Greek Orthodox Church Fire- • Date: A day during the last week of September or works. first week of October. • Location: Water of Hempstead Harbor off Bar Beach Town Park Port Washington, NY in approximate position 40°49′42″ N, 073°39′07″ W (NAD 83).

9.6 Port Washington Sons of Italy Fireworks ...... • Location: Waters of Hempstead Harbor off Bar Beach, North Hempstead, NY in approximate position 40°49′48.04″ N, 073°39′24.32″ W (NAD 83).

9.7 Bridgeport Bluefish September Fireworks ...... • Location: Waters of the Pequannock River’s Lower Reach surrounding Steel Point in Bridgeport, CT in approximate position 41°10′35″ N, 073°10′58″ W (NAD 83).

11 November

11.1 Charles W. Morgan Anniversary Fireworks ...... • Date: A day during the first or second weekend of November. • Location: Waters of the Mystic River, north of the Mystic Seaport Light, Mystic, CT in approximate position 41°21′56.455″ N, 071°57′58.32″ W (NAD 83).

11.2 Christmas Boat Parade Fireworks ...... • Location: Waters of Patchogue Bay off ‘‘Lombardi’s on the Bay’’ restaurant Patchogue, NY in approximate position 40°44′39.18″ N 073°00′37.80″ W (NAD 83).

11.3 Connetquot River Fall Fireworks ...... • Location: Waters of the Connetquot River off Snap- per Inn Restaurant, Oakdale, NY in approximate position 40°43′32.38″ N, 073°09′02.64″ W (NAD 83).

12 December

12.1 Greenport Winter Fireworks ...... • Date: From 11:45 p.m. December 31, until 12:30 a.m. January 1. • Location: Waters of Greenport Harbor off Mitchell Park and Marina, Greenport NY, in approximate position 41°05′59.09″ N 072°21′31.44″ W (NAD 83).

TABLE 2 TO § 165.151 [June, July & August]

1.1 Swim Across the Sound ...... • Location: Waters of Long Island Sound, Port Jef- ferson, NY to Captain’s Cove Seaport, Bridgeport, CT. in approximate positions 40°58′11.71″ N, 073°05′51.12″ W, north-westerly to the finishing point at Captain’s Cove Seaport 41°09′25.07″ N, 073°12′47.82″ W (NAD 83).

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TABLE 2 TO § 165.151—Continued [June, July & August]

1.2 Huntington Bay Open Water Championships • Location: Waters of Huntington Bay, NY. In ap- Swim. proximate positions start/finish at approximate position 40°54′25.8″ N, 073°24′28.8″ W, East turn at approximate position 40°54′45″ N 073°23′36.6″ W and a West turn at approximate position 40°54′31.2″ N, 073°25′21″ W, °09′25.07″ N 073°12′47.82″ W (NAD 83).

1.3 Maggie Fischer Memorial Great South Bay Cross • Location: Waters of the Great South Bay, NY. Bay Swim. Starting Point at the Fire Island Lighthouse Dock in approximate position 40°38′01″ N, 073°13′07″ W; northerly through approximate points 40°38′52″ N, 073°13′09″ W; 40°39′40″ N, 073°13′30″ W; 40°40′30″ N, 073°14′00″ W; and finishing at Gilbert Park, Brightwaters, NY at approximate position 40°42′25″ N, 073°14′52″ W (NAD 83).

1.4 Waves of Hope Swim ...... • Date: A day during the last week of June or first two weeks of July. • Time: 8 a.m. until 1 p.m. • Location: All waters of the Great South Bay off Amityville, NY shoreward of a line created by connecting the following points. Beginning at 40°39′22.38″ N, 073°25′31.63″ W, then to 40°39′02.18″ N, 073°25′31.63″ W, then to 40°39′02.18″ N, 073°24′03.81″ W, ending at 40°39′18.27″ N, 073°24′03.81″ W (NAD 83).

1.5 Stonewall Swim ...... • Date: A day during a weekend in August. • Time: 8:30 a.m. until 12:30 p.m. • Location: All navigable waters of the Great South Bay within a three miles long and half mile wide box connecting Snedecor Avenue in Bayport, NY to Porgie Walk in Fire Island, NY. Formed by connecting the following points. Beginning at 40°43′40.24″ N, 073°03′41.50″ W; then to 40°43′40.00″ N, 073°03′13.40″ W; then to 40°40′04.13 N, 073°03′43.81″ W; then to 40°40′08.30″ N, 073°03′17.70″ W; and ending at the beginning point 40°43′40.24″ N, 073°03′41.5″ W (NAD 83).

1.6 Swim Across America Greenwich ...... • Date: A single day during June. • Time: 5:30 a.m. until noon. • Location: All navigable waters of Stamford Harbor within a half miles long and 1000 foot wide polygon shaped box stretching from Dolphin Cove to Rocky Point between Stamford and Greenwich, CT. Formed by connecting the following points. Begin- ning at point (A) 41°01′32.03″ N, 073°33′8.93″ W, then south east to point (B) 41°01′15.01″ N, 073°32′55.58″ W; then south west to point (c) 41°00′49.25N, 073°33′20.36″ W; then north west to point (D) 41°00′58.00″ N, 073°33′27.00″ W, then north east to point (E) 41°01′15.80″ N, 073°33′09.85″ W, then heading north and ending at point (A)(NAD 83). 1.7 US Coast Guard Triathlon Swim ...... • Date: A single day during August.

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TABLE 2 TO § 165.151—Continued [June, July & August]

• Location: All navigable waters of the Thames River, New London Harbor off Fort Trumbull State Park around a half mile long course that is west of the Federal navigation channel in New London, CT. Formed by connecting the following points. Be- ginning at point (A) 41°20′40.03″ N, 072°05′32.15″ W; then east to point (B) 41°20′40.08″ N, 072°05′22.03″ W, then north to point (C) 41°20′48.29N, 072°05′23.19″ W; then north west to point (D) 41°20′50.84″ N, 072°05′29.29″ W, then south west to end point (E) 41°20′46.41″ N, 072°05′35.77″ W, (NAD 83).

[USCG–2008–0384, 77 FR 6958, Feb. 10, 2012, as amended by USCG–2012–1036, 78 FR 31406, May 24, 2013]

§ 165.153 Regulated Navigation Area: territorial sea of the United States Long Island Sound Marine Inspec- drawn according to the principles, as tion and Captain of the Port Zone. recognized by the United States, of the (a) Regulated Navigation Area location. Convention on the Territorial Sea and All waters of the Long Island Sound the Contiguous Zone, 15 U.S.T. 1606, Marine Inspection and Captain of the and the 1982 United Nations Conven- Port (COTP) Zone, as delineated in 33 tion on the Law of the Sea (UNCLOS), CFR 3.05–35, extending seaward 12 nau- 21 I.L.M. 1261. Normally, the territorial tical miles from the territorial sea sea baseline is the mean low water line baseline, are established as a regulated along the coast of the United States. navigation area (RNA). (d) Regulations. (1) Speed restrictions (b) Applicability. This section applies in the vicinity of Naval Submarine to all vessels operating within the RNA Base New London and Lower Thames excluding public vessels. River. Unless authorized by the Cap- (c) Definitions. The following defini- tain of the Port (COTP), vessels of 300 tions apply to this section: gross tons or more may not proceed at Commercial service means any type of a speed in excess of eight knots in the trade or business involving the trans- Thames River from New London Har- portation of goods or individuals, ex- bor channel buoys 7 and 8 (Light List cept service performed by a combatant numbers 21875 and 21880 respectively) vessel. north through the upper limit of the Ferry means a vessel that: Naval Submarine Base New London Re- (1) Operates in other than ocean or stricted Area, as that area is specified coastwise service; in 33 CFR 334.75(a). The U.S. Navy and (2) Has provisions only for deck pas- other Federal, State and municipal sengers or vehicles, or both; agencies may assist the U.S. Coast (3) Operates on a short run on a fre- Guard in the enforcement of this rule. quent schedule between two points (2) Enhanced communications. Vessels over the most direct water route; and of 300 gross tons or more and all vessels (4) Offers a public service of a type engaged in towing barges must issue normally attributed to a bridge or tun- securite´ calls on marine band or Very nel. High Frequency (VHF) radio channel 16 Public vessels means vessels owned or upon approach to the following loca- bareboat chartered and operated by the tions: United States, or by a State or polit- (i) Inbound approach to Cerberus ical subdivision thereof, or by a foreign Shoal; and nation, except when such vessel is en- (ii) Outbound approach to Race Rock gaged in commercial service. Light (USCG Light List No. 19815). Territorial sea baseline means the line (3) All vessels operating within the defining the shoreward extent of the RNA that are bound for a port or place

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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 port or place subject to the jurisdiction passage not bound for a port or place of the United States, and all vessels subject to the jurisdiction of the not engaged in commercial service United States. whose last port of call was in the (6) Ferry vessels. Vessels of 300 gross United States. Vessels requiring in- tons or more are prohibited from enter- spection by the COTP may contact the ing all waters within a 1200-yard radius COTP via marine band or Very High of any ferry vessel transiting in any Frequency (VHF) channel 16, telephone portion of the Long Island Sound Ma- at (203) 468–4401, facsimile at (203) 468– rine Inspection and COTP Zone with- 4418, or letter addressed to Captain of out first obtaining the express prior the Port, Long Island Sound, 120 Wood- authorization of the ferry vessel oper- ward Ave., New Haven, CT 06512. ator, master, COTP, or the designated (4) All vessels operating within the COTP on-scene patrol. RNA that are bound for a port or place (7) Vessels engaged in commercial serv- located in the United States or that ice. No vessel may enter within a 100- must transit the internal waters of the yard radius of any vessel engaged in United States, must obtain authoriza- commercial service while that vessel is tion from the Captain of the Port transiting, moored, or berthed in any (COTP) before entering waters within portion of the Long Island Sound Ma- three nautical miles from the terri- rine Inspection and COTP zone, with- torial sea baseline. Vessels awaiting out the express prior authorization of COTP authorization to enter waters the vessel’s operator, master, COTP, or within three nautical miles from the the designated COTP on-scene rep- territorial sea baseline will be required resentative. to anchor in the manner directed by (8) Bridge foundations. Any vessel op- the COTP. This section does not apply erating beneath a bridge must make a to vessels operating exclusively within direct, immediate and expeditious pas- the Long Island Sound Marine Inspec- sage beneath the bridge while remain- tion and COTP Zone, vessels on a sin- ing within the navigable channel. No gle voyage which depart from and re- vessel may stop, moor, anchor or loiter turn to the same port or place within beneath a bridge at any time. No vessel the RNA, all towing vessels engaged in may approach within a 25-yard radius coastwise trade, vessels in innocent of any bridge foundation, support, passage not bound for a port or place stanchion, pier or abutment except as subject to the jurisdiction of the required for the direct, immediate and United States, and all vessels not en- expeditious transit beneath a bridge. gaged in commercial service whose last (9) This section does not relieve any port of call was in the United States. vessel from compliance with applicable Vessels may request authorization navigation rules. from the COTP by contacting the [CGD01–02–104, 68 FR 48802, Aug. 15, 2003, as COTP via marine band or Very High amended by USCG–2006–24371, 74 FR 11213, Frequency (VHF) channel 16, telephone Mar. 16, 2009]

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§ 165.154 Safety and Security Zones; 72°05′43.7″ W; then to 41°23′59.8″ N, Captain of the Port Long Island 72°05′43.0″ W; then to 41°24′12.4″ N, Sound Zone Safety and Security 72°05′43.2″ W; then to a point on the Zones. shoreline at 41°24′14.4″ N, 72°05′38″ W; The following areas are designated then along the shoreline to the point of safety and security zones: beginning (NAD 83). (a) Security zones. (1) Dominion Mill- (4) U.S. Coast Guard Academy, New stone Nuclear Power Plant, Waterford, London, CT. CT. (i) Location. All navigable waters of (i) All navigable waters of Long Is- the Thames River, from surface to bot- land Sound, from surface to bottom, tom, in a 500-yard radius from Jacobs North and Northeast of a line running Rock, approximate position 41°22′22″ N, from Bay Point, at approximate posi- 072°05′40″ W (NAD 83). tion 41°18′34.20″ N, 072°10′24.60″ W, to (ii) Enforcement period. This rule will Millstone Point at approximate posi- be enforced during visits by high-rank- tion 41°18′15.00″ N, 072°9′57.60″ W (NAD ing officials and times of heighted se- 83). curity. (ii) All navigable waters of Long Is- (iii) Notification. The Captain of the land Sound, from surface to bottom, Port will notify the maritime commu- West of a line starting at 41°18′42″ N, nity of periods during which this secu- 072°09′39″ W, running south to the East- rity zone will be enforced by all appro- ern most point of Fox Island at approx- priate means such as Local Notice to imate position 41°18′24.11″ N, Mariners, Marine Safety Information 072°09′39.73″ W (NAD 83). Radio Broadcasts or on scene notice. (2) Electric Boat Shipyard, Groton, (5) U.S. Coast Guard Vessels, Long Is- CT. land Sound COTP Zone. All navigable (i) Location. All navigable waters of waters within a 100-yard radius of any the Thames River, from surface to bot- anchored U.S. Coast Guard vessel. For tom, West of the Electric Boat Cor- the purposes of this section, U.S. Coast poration Shipyard enclosed by a line Guard vessels includes any commis- beginning at a point on the shoreline sioned vessel or small boat in the serv- at 41°20′16″ N, 72°04′47″ W; then running ice of the regular U.S. Coast Guard and West to 41°20′16″ N, 72°04′57″ W; then does not include Coast Guard Auxiliary running North to 41°20′26″ N, 72°04′57″ vessels. W; then Northwest to 41°20′28.7″ N, (b) Safety zones. (1) Coast Guard Sta- 72°05′01.7″ W; then North-Northwest to tion Fire Island, Long Island, NY. All 41°20′53.3″ N, 72°05′04.8″ W; then North- waters of Fire Island Inlet from the Northeast to 41°21′02.9″ N, 72°05′04.9″ W; shore out to a line beginning at a point then East to a point on shore at on shore at 40°37′31.4″ N, 073°15′41.1″ W; 41°21′02.9″ N, 72°04′58.2″ W (NAD 83). then North to 40°37′35.6″ N, 073°15′43.1″ (ii) Application. Sections 165.33(a), (e), W; then East to 40°37′36.7″ N, 073°15′39.8″ (f) shall not apply to public vessels or W; then East to 40°37′37.8″ N, 073°15′36.6″ to vessels owned by, under hire to, or W; then East to 40°37′41.1″ N, 073°15′33.5″ performing work for the Electric Boat W; then Southeast to 40°37′39.7″ N, Division when operating in the secu- 073°15′27.0″ W; then Southeast to rity zone. 40°37′37.5″ N, 073°15′22.1″ W; then South- (3) Naval Submarine Base, Groton, east to 40°37′37.6″ N, 073°15′19.1″ W; then CT. All navigable waters of the Thames Southeast to point on shore at River, from surface to bottom, West of 40°37′33.9″ N, 073°15′20.8″ W (NAD 83). the Groton Naval Submarine Base New (2) [Reserved] London, enclosed by a line beginning at (c) Regulations. (1) The general regu- a point on the shoreline at 41°23′15.8″ N, lations contained in § 165.23 and § 165.33 72°05′17.9″ W; then to 41°23′15.8″ N, of this part apply. Entering into, re- 72°05′22″ W; then to 41°23′25.9″ N, maining within or cause an article or 72°05′29.9″ W; then to 41°23′33.8″ N, thing to enter into or remain within 72°05′34.7″ W; then to 41°23′37.0″ N, these safety and security zones is pro- 72°05′38.0″ W; then to 41°23′41.0″ N, hibited unless authorized by the Cap- 72°05′40.3″ W; then to 41°23′47.2″ N, tain of the Port or a designated rep- 72°05′42.3″ W; then to 41°23′53.8″ N, resentative.

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(2) These safety and security zones (i) The vessel must have plans in are closed to all vessel traffic, except place to maintain a minimum of two as may be permitted by the Captain of feet under keel clearance at all times. the Port (COTP) or a designated rep- (ii) A vessel requiring a nighttime resentative. Vessel operators given per- transit through East Rockaway Inlet mission to enter or operate in the secu- may only do so only after receiving ap- rity zones must comply with all direc- proval from the Captain of the Port tions given to them by the COTP or the Long Island Sound. designated representative. (iii) Vessels are prohibited from (3) The ‘‘designated representative’’ transiting East Rockaway Inlet if a is any Coast Guard commissioned, war- small craft advisory or greater has rant or petty officer who has been des- been issued for the area unless specific ignated by the Captain of the Port to approval is received from the Captain act on his/her behalf. The on-scene rep- of the Port Long Island Sound. resentative may be on a Coast Guard (iv) In an emergency, any vessel may vessel, a state or local law enforcement deviate from the regulations in this vessel, or other designated craft, or section to the extent necessary to may be on shore and will communicate avoid endangering the safety of per- with vessels via VHF–FM radio or sons, the environment, and or prop- loudhailer. In addition, members of the erty. If deviation from the regulations Coast Guard Auxiliary may be present is necessary, the master or their des- to inform vessel operators of this regu- ignee shall inform the Coast Guard as lation. soon as it is practicable to do so. (4) Vessel operators desiring to enter (c) Waivers. (1) The Captain of the or operate within the security zones Port Long Island Sound may, upon re- shall request permission to do so by quest, waive any regulation in this sec- contacting the Captain of the Port Sec- tion. tor Long Island Sound at 203–468–4401, (2) An application for a waiver must or via VHF Channel 16. state the need for the waiver and describe the proposed vessel operations [USCG–2008–0384, 77 FR 6961, Feb. 10, 2012] through the Regulated Navigation § 165.156 Regulated Navigation Area: Area. East Rockaway Inlet to Atlantic [USCG–2008–0085, 74 FR 57887, Nov. 10, 2009] Beach Bridge, Nassau County, Long Island, New York. § 165.160 Safety Zones; fireworks dis- (a) Location. The following area is a plays and swim events in Coast Regulated Navigation Area: All waters Guard Captain of the Port New of East Rockaway Inlet in an area York Zone. bounded by lines drawn from position (a) Regulations. The general regula- 40°34′56″ N, 073°45′19″ W, (approximate tions contained in 33 CFR 165.23 as well position of Silver Point breakwater as the following regulations apply to buoy, LLNR 31500) running north to a the fireworks displays and swim events point of land on the northwest side of listed in Tables 1 and 2 to § 165.160. the inlet at position 40°35′28″ N, These regulations will be enforced for 073°46′12″ W, thence easterly along the the duration of each event. Notifica- shore to the east side of the Atlantic tions will be made to the local mari- Beach Bridge, State Route 878, over time community through the Local No- East Rockaway Inlet, thence across the tice to Mariners and Broadcast Notice bridge to the south side of East Rock- to Mariners well in advance of the away Inlet, thence westerly along the events. If the event does not have a shore and across the water to the be- date listed, then exact dates and times ginning. of the enforcement period will be an- (b) Regulations. (1) The general regu- nounced through a Notice of Enforce- lations contained in 33 CFR 165.10, ment in the FEDERAL REGISTER. Mari- 165.11, and 165.13 apply. ners should consult the FEDERAL REG- (2) In accordance with the general ISTER or their Local Notice to Mariners regulations, the following regulations to remain apprised of schedule or event apply to vessels carrying petroleum changes. First Coast Guard District products in excess of 250 barrels: Local Notice to Mariners can be found

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at http://www.navcen.uscg.gov/. The Cap- the Local Notice to Mariners, unless tain of the Port Sector New York Ma- authorized by COTP or designated rep- rine Events schedule can also be viewed resentative. electronically at (d) Upon being hailed by a U.S. Coast www.homeport.uscg.mil/newyork. Al- Guard vessel or the designated rep- though listed in the Code of Federal resentative, by siren, radio, flashing Regulations, sponsors of events listed light or other means, the operator of in Tables 1 and 2 to § 165.160 are still re- the vessel shall proceed as directed. quired to submit marine event applica- Failure to comply with a lawful directions in accordance with 33 CFR 100.15. tion may result in expulsion from the (b) Definitions. The following defini- area, citation for failure to comply, or tions apply to this section: both. (1) Designated representative. A ‘‘des- (e) The COTP or designated rep- ignated representative’’ is any Coast resentative may delay or terminate Guard commissioned, warrant or petty any marine event in this subpart at officer of the U.S. Coast Guard who has any time it is deemed necessary to en- been designated by the Captain of the sure the safety of life or property. Port, Sector New York (COTP), to act (f) The regulated area for all fire- on his or her behalf. The designated works displays listed in Table 1 to representative may be on an official § 165.160 is that area of navigable patrol vessel or may be on shore and waters within a 360 yard radius of the will communicate with vessels via launch platform or launch site for each VHF–FM radio or loudhailer. In addi- fireworks display, unless otherwise tion, members of the Coast Guard Aux- noted in TABLE 1 to § 165.160 or modi- iliary may be present to inform vessel fied in USCG First District Local No- operators of this regulation. tice to Mariners at: http:// (2) Official patrol vessels. Official pa- www.navcen.uscg.gov/. trol vessels may consist of any Coast (g) Fireworks barges used in these lo- Guard, Coast Guard Auxiliary, state, or cations will also have a sign on their local law enforcement vessels assigned port and starboard side labeled ‘‘Fire- or approved by the COTP. works—Stay Away’’. This sign will (3) Spectators. All persons and vessels consist of 10 inch high by 1.5 inch wide not registered with the event sponsor red lettering on a white background. as participants or official patrol ves- Shore sites used in these locations will sels. display a sign labeled ‘‘Fireworks— (b) Vessel operators desiring to enter Stay Away’’ with the same dimensions. or operate within the regulated areas These zones will be enforced from 6 shall contact the COTP or the des- p.m. (E.S.T.) to 1 a.m. (E.S.T.) each day ignated representative via VHF chan- a barge with a ‘‘Fireworks—Stay nel 16 or (718) 354–4353 (Sector New Away’’ sign on the port and starboard York command center) to obtain per- side is on-scene or a ‘‘Fireworks—Stay mission to do so. Away’’ sign is posted in a location list- (c) Spectators or other vessels shall ed in TABLE 1 to § 165.160. not anchor, block, loiter, or impede the (h) For all swim events listed in transit of event participants or official Table 2 to § 165.160, vessels not associ- patrol vessels in the regulated areas ated with the event shall maintain a during the effective dates and times, or separation of at least 100 yards from dates and times as modified through the participants.

TABLE 1 TO § 165.160

1.0 Hudson River

1.1 Macy’s 4th of July Fireworks ...... • Event Type: Fireworks. • Date: July 4th. • Rain Date: July 5th.

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TABLE 1 TO § 165.160—Continued • Location: All waters of the Hudson River bounded by a line drawn east from approximate position 40°46′35.43″ N, 074°00′37.53″ W in New Jersey, to approximate position 40°46′16.98″ N, 073°59′52.34″ W in New York, thence south along the Manhattan shoreline to approximate position 40°44′48.98″ N, 074°00′41.06″ W, then west to approximate position 40°44′55.91″ N, 074°01′24.94″ W, (NAD 83). Then north along the New Jersey shoreline and back to the point of origin.

2.0 New York Harbor

2.1 Liberty Island Safety Zone ...... • Launch site: A barge located in approximate position 40°41′16.5″ N 074°02′23″ W (NAD 1983), located in Federal Anchorage 20–C, about 360 yards east of Liberty Island. This Safety Zone is a 360-yard radius from the barge.

2.2 Ellis Island Safety Zone ...... • Launch site: A barge located between Fed- eral Anchorages 20–A and 20–B, in approximate position 40°41′45″ N 074°02′09″ W (NAD 1983) about 365 yards east of Ellis Is- land. This Safety Zone is a 360-yard radius from the barge.

2.3 South Ellis Island Safety Zone ...... • Launch site: A barge located in approximate position 40°41′39.9″ N 074°02′33.7″ W (NAD 1983), about 260 yards south of Ellis Island. This Safety Zone is a 240-yard radius from the barge.

2.4 South Beach, Staten Island Safety Zone .. • Launch site: A barge located in approximate position 40°35′11″ N 074°03′42″ W (NAD 1983), about 350 yards east of South Beach, Staten Island. This Safety Zone is a 360-yard radius from the barge.

2.5 Raritan Bay Safety Zone ...... • Launch site: A barge located in approximate position 40°30′04″ N 074°15′35″ W (NAD 1983), about 240 yards east of Raritan River Cutoff Channel Buoy 2 (LLNR 36595). This Safety Zone is a 240-yard radius from the barge.

2.6 Coney Island Safety Zone ...... • Launch site: A land shoot from the south end of Steeplechase Pier, Coney Island in approximate position 40°34′11″ N 073°59′00″ W (NAD 1983). This Safety Zone is a 250-yard radius from the launch site.

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TABLE 1 TO § 165.160—Continued 2.7 Arthur Kill, Elizabeth, NJ Safety Zone ...... • Launch site: A land shoot located in Eliza- beth, New Jersey in approximate position 40°38′50″ N 074°10′58″ W (NAD 1983), about 675 yards west of Arthur Kill Channel Buoy 20 (LLNR 36780). This Safety Zone is a 150-yard radius from the launch site.

2.8 Rockaway Beach Safety Zone ...... • Launch site: A barge located in approximate position 40°34′28.2″ N 073°50′00″ W (NAD 1983), 350 yards off of Beach 116th Street. This Safety Zone is a 360-yard radius from the barge.

2.9 Rockaway Inlet Safety Zone ...... • Launch site: A barge located in approximate position 40°34′19.1″ N 073°54′43.5″ W (NAD 1983). 1200 yards south of Point Breeze. This Safety Zone is a 360-yard radius from the barge.

2.10 Pierhead Channel, NJ Safety Zone ...... • Launch site: A barge located in approximate position 40°39′18.8″ N 074°04′39.1 W (NAD 1983), approximately 350 yards north of the Kill Van Kull Channel. This Safety Zone is a 360-yard radius from the barge.

2.11 Midland Beach, Staten Island Safety • Launch site: A barge located in approximate Zone. position 40°34′12″ N 074°04′29.6″ W (NAD 1983), approximately 800 yards southeast of Midland Beach. This Safety Zone is a 500- yard radius from the barge.

2.12 Wolfes Pond Park, Staten Island Safety • Launch site: A barge located in approximate Zone. position 40°30′52.1″ N 074°10′58.8″ W (NAD 1983), approximately 540 yards east of Wolfe′s Pond Park. This Safety Zone is a 500-yard radius from the barge.

2.13 Ocean Breeze Fishing Pier, Staten Is- • Launch site: A barge located in approximate land Safety Zone. position 40°34′46.3″ N 074°04′02.0″ W (NAD 1983), approximately 1150 yards west of Hoffman Island. This Safety Zone is a 360-yard radius from the barge.

2.14 Fort Hamilton Safety Zone ...... • Launch site: A barge located in approximate position 40°36′00″ N 074°01′42.5″ W (NAD 1983), approximately 1400 yards southeast of the Verrazano-Narrows Bridge. This Safe- ty Zone is a 240-yard radius from the barge.

2.15 Liberty State Park Safety Zone ...... • Launch site: A barge located in approximate position 40°41′20.32″ N 074°03′29.35″ W (NAD 1983), approximately 334 yards south of Pier 7, Liberty State Park, Jersey City, New Jersey. This Safety Zone is a 240-yard radius from the barge.

3.0 Western Long Island Sound

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TABLE 1 TO § 165.160—Continued 3.1 Peningo Neck, Western Long Island • Launch site: A barge located in approximate Sound safety zone. position 40°56′21″ N 073°41′23″ W (NAD 1983), approximately 525 yards east of Mil- ton Point, Peningo Neck, New York. This Safety Zone is a 300-yard radius from the barge.

3.2 Satans Toe, Western Long Island Sound • Launch Site: A barge located in approximate Safety Zone. position 40°55′21″ N 073°43′41″ W (NAD 1983), approximately 635 yards northeast of Larchmont Harbor (East Entrance) Light 2 (LLNR 25720). This Safety Zone is a 360- yard radius from the barge.

3.3 Larchmont, NY, Western Long Island • Launch site: A barge located in approximate Sound Safety Zone. position 40°54′45″ N 073°44′55″ W (NAD 1983), approximately 450 yards southwest of the entrance to Horseshoe Harbor. This Safety Zone is a 240-yard radius from the barge.

3.4 Manursing Island, Western Long Island • Launch site: A barge located in approximate Sound Safety Zone. position 40°57′47″ N 073°40′06″ W (NAD 1983), approximately 380 yards north of Rye Beach Transport Rock Buoy 2 (LLNR 25570). This Safety Zone is a 360-yard radius from the barge.

3.5 Glen Island, Western Long Island Sound • Launch site: A barge located in approximate Safety Zone. position 40°53′12″ N 073°46′33″ W (NAD 1983), approximately 350 yards east of the northeast corner of Glen Island, New York. This Safety Zone is a 240-yard radius from the barge.

3.6 Twin Island, Western Long Island Sound • Launch site: A land shoot located on the Safety Zone. east end of Orchard Beach, New York in approximate position 40°52′10″ N 073°47′07″ W (NAD 1983). This Safety Zone is a 200- yard radius from the launch site.

3.7 Davenport Neck, Western Long Island • Launch site: A barge located in Federal An- Sound Safety Zone. chorage 1–A in approximate position 40°53′46″ N 073°46′04″ W (NAD 1983), approximately 360 yards north of Emerald Rock Buoy (LLNR 25810). This Safety Zone is a 360-yard radius from the barge.

3.8 Glen Cove, Hempstead Harbor Safety • Launch site: A barge located in approximate Zone. position 40°51′58″ N 073°39′34″ W (NAD 1983), approximately 500 yards northeast of Glen Cove Breakwater Light 5 (LLNR 27065). This Safety Zone is a 360-yard radius from the barge.

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TABLE 1 TO § 165.160—Continued 3.9 Bar Beach, Hempstead Harbor Safety • Launch site: A barge located in approximate Zone. position 40°49′50″ N 073°39′12″ W (NAD 1983), approximately 190 yards north of Bar Beach, Hempstead Harbor, New York. This Safety Zone is a 180-yard radius from the barge.

3.10 Larchmont Harbor (north), Western Long • Launch site: A barge located in approximate Island Sound Safety Zone. position 40°55′21.8″ N 073°44′21.7″ W (NAD 1983), approximately 560 yards north of Umbrella Rock. This Safety Zone is a 240-yard radius from the barge.

3.11 Orchard Beach, The Bronx Safety Zone • Launch site: All waters of Long Island Sound in an area bound by the following points: 40°51′43.5″ N 073°47′36.3″ W; thence to 40°52′12.2″ N 073°47′13.6″ W; thence to 40°52′02.5″ N 073°46′47.8″ W; thence to 40°51′32.3″ N 073°47′09.9″ W (NAD 1983), thence to the point of origin.

3.12 Larchmont Harbor (south), Western • Launch site: A barge located in approximate Long Island Sound Safety Zone. position 40°55′16″ N 073°44′15″ W (NAD 1983), approximately 440 yards north of Umbrella Rock, Larchmont Harbor, New York. This Safety Zone is a 240-yard radius from the barge.

3.13 Sands Point Western Long Island Sound • Launch site: A barge located in approximate Safety Zone. position 40°52′03″ N 073°43′39″ W (NAD 1983), northeast of Hart Island, in the vicinity of Sands Point, New York. This Safety Zone is a 180-yard radius from the barge.

3.14 Echo Bay, Western Long Island Sound • Launch site: A shore launch located in ap- Safety Zone. proximate position 40°54′34.41″ N 073°45′56.61″ W (NAD 1983), southeast portion of Harrison Island, New York. This Safety Zone is a 180-yard radius from the barge.

4.0 East River

4.1 Wards Island, East River Safety Zone ...... • Launch site: A barge located in approximate position 40°46′57.8″ N 073°55′28.6″ W (NAD 1983), approximately 330 yards north of the Robert F. Kennedy Bridge (Triborough Bridge) Bridge. This Safety Zone is a 150-yard radius from the barge.

4.2 Newtown Creek, East River Safety Zone • Launch site: A barge located in approximate position 40°′44″ 24 N 073°58′00″ W (NAD 1983), approximately 785 yards south of Belmont Island. This Safety Zone is a 360- yard radius from the barge.

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TABLE 1 TO § 165.160—Continued 4.3 Corlears, East River Safety Zone ...... • Launch site: A barge located in approximate position 40°42′34.53″ N 073°58′33.37″ W (NAD 1983), approximately 570 yards south of the Williamsburg Bridge, 250 yards west of Railroad Avenue, Corlears Hook, New York. This Safety Zone is a 180-yard radius from the barge.

4.4 Seaport, East River Safety Zone ...... • Launch site: All waters of the East River south of the Brooklyn Bridge and north of a line drawn from the southwest corner of Pier 3, Brooklyn, to the southeast corner of Pier 6, Manhattan.

5.0 Hudson River

5.1 Pier 60, Hudson River Safety Zone ...... • Launch site: A barge located in approximate position 40°44′49″ N 074°01′02″ W (NAD 1983), approximately 500 yards west of Pier 60, Manhattan, New York. This Safety Zone is a 360-yard radius from the barge.

5.2 The Battery, Hudson River Safety Zone ... • Launch site: A barge located in approximate position 40°42′00″ N 074°01′17″ W (NAD 1983), approximately 500 yards south of The Battery, Manhattan, New York. This Safety Zone is a 360-yard radius from the barge.

5.3 Battery Park City, Hudson River Safety • Launch site: A barge located in approximate Zone. position 40°42′39″ N 074°01′21″ W (NAD 1983), approximately 480 yard southwest of North Cove Yacht Harbor, Manhattan, New York. This Safety Zone is a 360-yard radius from the barge.

5.4 Pier 90, Hudson River Safety Zone ...... • Launch site: A barge located in approximate position 40°46′11.8″ N 074°00′14.8″ W (NAD 1983), approximately 375 yards west of Pier 90, Manhattan, New York. This Safe- ty Zone is a 360-yard radius from the barge.

5.5 Yonkers, NY, Hudson River Safety Zone • Launch site: A barge located in approximate position 40°56′14.5″ N 073°54′33″ W (NAD 1983), approximately 475 yards northwest of the Yonkers Municipal Pier, New York. This Safety Zone is a 360-yard radius from the barge.

5.6 Hastings-on-Hudson, Hudson River Safe- • Launch site: A barge located in approximate ty Zone. position 40°59′44.5″ N 073°53′28″ W (NAD 1983), approximately 425 yards west of Hastings-on-Hudson, New York. This Safety Zone is a 360-yard radius from the barge.

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TABLE 1 TO § 165.160—Continued 5.7 Pier D, Hudson River Safety Zone ...... • Launch site: A barge located in approximate position 40°42′57.5″ N 074°01′34″ W (NAD 1983), approximately 375 yards southeast of Pier D, Jersey City, New Jersey. This Safety Zone is a 360-yard radius from the barge.

5.8 Pier 54, Hudson River Safety Zone ...... • Launch site: A barge located in approximate position 40°44′31″ N 074°01′00″ W (NAD 1983), approximately 380 yards west of Pier 54, Manhattan, New York. This Safety Zone is a 360-yard radius from the barge.

5.9 Pier 84, Hudson River Safety Zone ...... • Launch site: A barge located in approximate position 40°45′56.9″ N 074°00′25.4″ W (NAD 1983), approximately 380 yards west of Pier 84, Manhattan, New York. This Safe- ty Zone is a 360-yard radius from the barge.

5.10 Peekskill Bay, Hudson River Safety • Launch site: A barge located in approximate Zone. position 41°17′16″ N 073°56′18″ W (NAD 1983), approximately 670 yards north of Travis Point. This Safety Zone is a 360-yard radius from the barge.

5.11 Jersey City, NJ, Hudson River Safety • Launch site: A barge located in approximate Zone. position 40°42′37.3″ N 074°01′41.6″ W (NAD 1983), approximately 420 yards east of Morris Canal Little Basin. This Safety Zone is a 360-yard radius from the barge.

5.12 Newburgh, NY, Hudson River Safety • Launch site: A barge located in approximate Zone. position 41°30′01.2″ N 073°59′42.5″ W (NAD 1983), approximately 930 yards east of Newburgh, New York. This Safety Zone is a 360-yard radius from the barge.

5.13 Poughkeepsie, NY, Hudson River Safety • Launch site: A barge located in approximate Zone. position 41°42′24.50″ N 073°56′44.16″ W (NAD 1983), approximately 420 yards north of the Mid Hudson Bridge. This Safety Zone is a 300-yard radius from the barge.

5.14 Pier 40, Hudson River Safety Zone ...... • Launch site: A barge located in approximate position 40°43′30″ N 074°01′06.7″ W (NAD 1983), in the vicinity of the Holland Tunnel Ventilator, 530 yards south of Pier 40, Man- hattan, New York. This Safety Zone is a 240-yard radius from the barge.

5.15 Fort Tryon Park, Hudson River Safety • Launch site: A barge located in approximate Zone. position 40°51′52″ N 073°56′24″ W (NAD 1983), approximately 1750 yards north of the George Washington Bridge. This Safety Zone is a 180-yard radius from the barge.

6.0 Hutchinson River

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TABLE 1 TO § 165.160—Continued 6.1 Bronx, NY Hutchinson River Safety Zone • Launch site: A barge located in approximate position 40°52′31″ N 073°49′24″ W (NAD 1983). This Safety Zone is a 120-yard radius from the barge.

7.0 Navesink River

7.1 Keyport, NJ, Safety Zone ...... Launch site: A barge located in approximate position 40°26′24″ N 074°12′18″ W (NAD 1983), approximately 200 yards north of Keyport, NJ. This Safety Zone is a 150-yard radius from the barge.

7.2 Rumson, NJ, Safety Zone ...... • Launch site: A barge located in approximate position 40°22′39.1″ N 074°01′07.3″ W (NAD 1983), approximately 600 yards south of the Oceanic Bridge. This Safety Zone is a 300-yard radius from the barge.

7.3 Red Bank, NJ, Safety Zone ...... Launch site: A barge located in approximate position 40°21′20″ N 074°04′10″ W (NAD 1983), approximately 360 yards northwest of Red Bank, NJ. This Safety Zone is a 300- yard radius from the barge.

TABLE 2 TO § 165.160

1.0 Hudson River

1.1 Hudson Valley Triathlon ...... • Event Type: Swim Event • Date: The first weekend after the 4th of July. • The following area is a safety zone: All waters of the Hudson River in the vicinity of Ulster Landing, bound by the following points: 42°00′03.7″ N, 073°56′43.1″ W; thence to 41°59′52.5″ N, 073°56′34.2″ W thence to 42°00′15.1″ N, 073°56′25.2″ W thence to 42°00′05.4″ N, 073°56′41.9″ W thence along the shoreline to the point of beginning. • This Safety Zone includes all waters within a 100-yard radius of each participating swimmer.

1.2 Newburgh Beacon Swim ...... • Event Type: Swim Event. • Date: Last weekend in July. • Rain Date: The first weekend in August. • Location: Participants will cross the Hudson River between Newburgh and Beacon, New York approximately 1300 yards south of the Newburgh-Beacon Bridges. • This Safety Zone includes all waters within a 100-yard radius of each participating swimmer.

1.3 Hudson River Swim for Life ...... • Event Type: Swim Event.

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TABLE 2 TO § 165.160—Continued • Date: 2nd weekend in September. • Location: Participants will cross the Hudson River in the vicinity of Nyack, New York between Lower Nyack Ledge and Kingsland Point, approximately 200 yards north of the Tappan Zee Bridge. • This Safety Zone includes all waters within a 100-yard radius of each participating swimmer.

1.4 Toughman Half Triathlon ...... • Event Type: Swim Event. • Date: 2nd weekend in September. • Location: Participants will swim in the vicinity of Croton Point Park, New York between Potato Rock and Harmon, New York from the shoreline out to 1000 yards. • This Safety Zone includes all waters within a 100-yard radius of each participating swimmer.

2.0 East River

2.1 Brooklyn Bridge Swim ...... • Event Type: Swim Event. • Date: 2nd or 3rd weekend in September. • Location: Participants will swim between Brooklyn and Manhattan, New York crossing the East River along the Brooklyn Bridge. • This Safety Zone includes all waters within a 100-yard radius of each participating swimmer.

3.0 Western Long Island Sound

3.1 Swim Across America ...... • Event Type: Swim Event. • Date: 4th weekend in July and 2nd weekend in August. • Location: Participants will swim between Glen Cove and Larchmont, New York and an area of Hempstead Harbor between Glen Cove and the vicinity of Umbrella Point. • This Safety Zone includes all waters within a 100-yard radius of each participating swimmer.

4.0 Upper New York Bay, Lower New York Bay

4.1 Ederle Swim ...... • Event Type: Swim Event. • Date: 2nd or 3rd weekend in October. • Location: Participants will swim between Manhattan, New York and the north shore of Sandy Hook, New Jersey transiting through the upper New York Bay, under the Verrazano-Narrows Bridge and across the Lower New York Bay. The route direction is determined by the predicted tide state and direction of current on the scheduled day of the event.

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TABLE 2 TO § 165.160—Continued • This Safety Zone includes all waters within a 100-yard radius of each participating swimmer. 4.2 Rose Pitonof Swim. • Event Type: Swim Event • Date: The 2nd weekend in August. • Location: Participants will swim between Manhattan, New York and the shore of Coney Island, New York transiting through the Upper New York Bay, under the Verrazano-Narrows Bridge and south in the Lower New York Bay. The route direction is determined by the predicted tide state and direction of current on the scheduled day of the event. • This Safety Zone includes all waters within a 100-yard radius of each participating swimmer.

[USCG–2010–1001, 76 FR 69617, Nov. 9, 2011]

§ 165.163 Safety Zones; Port of New (ii) Enforcement period. Paragraph York/New Jersey Fleet Week. (a)(3)(i) of this section is enforced an- (a) The following areas are estab- nually from 8 a.m. until 5 p.m. on the lished as safety zones: Wednesday before Memorial Day. (1) Safety Zone A—(i) Location. A mov- (4) Safety Zone D—(i) Location. A safe- ing safety zone for the Parade of Ships ty zone including all waters of the Hud- including all waters 500 yards ahead son River bound by the following and astern, and 200 yards of each side points: from the southeast corner of of the designated column of parade ves- Pier 90, Manhattan, where it intersects sels as it transits the Port of New York the seawall, west to approximate posi- and New Jersey from the Verrazano tion 40°46′10″ N 074°00′13″ W (NAD 1983), Narrows Bridge to Riverside State south to approximate position 40°45′54″ Park on the Hudson River between N 074°00′25″ W (NAD 1983), then east to West 137th and West 144th Streets, the northeast corner of Pier 83 where it Manhattan. intersects the seawall. (ii) Enforcement period. Paragraph (ii) Enforcement period. Paragraph (a)(1)(i) of this section is enforced an- (a)(4)(i) of this section is enforced annually from 8 a.m. until 5 p.m. on the nually from 10 a.m. until 5 p.m., from Wednesday before Memorial Day. Friday through Monday, Memorial Day (2) Safety Zone B—(i) Location. A safe- weekend. ty zone including all waters of the Hud- (5) Safety Zone E—(i) Location. A mov- son River between Piers 83 and 90, Man- ing safety zone including all waters 500 hattan, from the parade column east to yards ahead and astern, and 200 yards the Manhattan shoreline. on each side of the departing U.S. Navy (ii) Enforcement period. Paragraph Aircraft or Helicopter Carrier as it (a)(2)(i) of this section is enforced an- transits the Port of New York and New nually from 8 a.m. until 5 p.m. on the Jersey from its mooring at the Intrepid Wednesday before Memorial Day. Sea, Air and Space Museum, Manhat- (3) Safety Zone C—(i) Location. A mov- tan, to the COLREGS Demarcation line ing safety zone including all waters of at Ambrose Channel Entrance Lighted the Hudson River within a 200-yard ra- Bell Buoy 2 (LLNR 34805). dius of each parade vessel upon its leaving the parade of ships until it is safely berthed.

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(ii) Enforcement period. Paragraph Bronx Kill southeast of the Bronx Kill (a)(5)(i) of this section is enforced an- Rail Road Bridge (mile 0.6) (NAD 1983). nually on the Wednesday following Me- (3) Marine Air Terminal, La Guardia morial Day. Departure time is depend- Airport Security Zone: All waters of ent on tide, weather, and granting of Bowery Bay, Queens, New York, south authority for departure by the Captain of a line drawn from the western end of of the Port, New York. La Guardia Airport at approximate po- (b) Effective period. This section is ef- sition 40°46′47″ N, 073°53′05″ W to the fective annually from 8 a.m. on the Rikers Island Bridge at approximate Wednesday before Memorial Day until position 40°46′51″ N, 073°53′21″ W and 4 p.m. on the Wednesday following Me- east of a line drawn between the point morial Day. at the Rikers Island Bridge to a point (c) Regulations. (1) The general regu- on the shore in Queens, New York, at lations contained in 33 CFR 165.23 approximate position 40°46′36″ N, apply. 073°53′31″ W (NAD 1983). (2) All persons and vessels shall com- (4) United Nations Security Zone. All ply with the instructions of the Coast waters of the East River bound by the Guard Captain of the Port or the des- following points: 40°44′37″ N, 073°58′16.5″ ignated on-scene-patrol personnel. W (the base of East 35th Street, Man- these personnel comprise commis- hattan), then east to 40°44′34.5″ N, sioned, warrant, and petty officers of 073°58′10.5″ W (about 180 yards offshore the Coast Guard. Upon being hailed by of Manhattan), then northeasterly to a U. S. Coast Guard vessel by siren, 40°45′29″ N, 073°57′26.5″ W (about 125 radio, flashing light, or other means, yards offshore of Manhattan at the the operator of a vessel shall proceed Queensboro Bridge), then northwest- as directed. erly to 40°45′31″ N, 073°57′30.5″ W (Man- [CGD1–98–170, 64 FR 24946, May 10, 1999] hattan shoreline at the Queensboro Bridge), then southerly along the § 165.164 Regulated Navigation Areas, shoreline to the starting point at Security Zones: Dignitary Arrival/ 40°44′37″ N, 073°58′16.5″ W (NAD 1983). Departure and United Nations (5) United Nations West Channel Clo- Meetings, New York, NY. sure Security Zone. All waters of the (a) Location. The following areas are East River north of a line drawn from regulated navigation areas (RNA) or approximate position 40°44′37″ N, security zones: 073°58′16.5″ W (the base of East 35th (1) Wall Street Heliport RNA. All Street, Manhattan), to approximate po- waters of the East River within the fol- sition 40°44′31.04″ N, 073°58′03.10″ W (ap- lowing boundaries: East of a line drawn proximately 400 yards east of the Man- between approximate position 40°42′01″ hattan shoreline), all waters west of a N, 074°00′39″ W (east of The Battery) to line drawn from approximate position 40°41′36″ N, 074°00′52″ W (point north of 40°44′31.04″ N, 073°58′03.10″ W (approxi- Governors Island) and north of a line mately 400 yards east of the Manhattan drawn from the point north of Gov- shoreline), to the southern tip of Roo- ernors Island to the southwest corner sevelt Island at approximate position of Pier 7 North, Brooklyn; and south of 40°44′57.96″ N, 073°57′41.57″ W, then along a line drawn between 40°42′14.8″ N, the western shoreline of Roosevelt Is- 074°00′20.3″ W (Wall Street, Manhattan), land to the Queensboro Bridge, and all and the northwest corner of Pier 2 waters south of the Queensboro Bridge North, Brooklyn (NAD 1983). (NAD 1983). (2) Randalls and Wards Islands RNA: (6) United Nations Full River Closure All waters of the East River between RNA. All waters of the East River the Hell Gate Rail Road Bridge (mile north of a line drawn from approximate 8.2), and a line drawn from a point at position 40°44′37″ N, 073°58′16.5″ W (the approximate position 40°47′27.12″ N, base of East 35th Street, Manhattan), 073°54′35.14″ W (Lawrence Point, to approximate position 40°44′23″ N, Queens) to a point at approximate posi- 073°57′44.5″ W (Hunters Point, Long Is- tion 40°47′52.55″ N, 073°54′35.25″ W (Port land City), and south of the Queensboro Morris Stacks), and all waters of the Bridge (NAD 1983).

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(b) Definitions. As used in this sec- ignated representative via VHF chan- tion— nel 16 to obtain permission to do so. Designated representative means any [USCG–2012–0202, 78 FR 53674, Aug. 30, 2013] Coast Guard commissioned, warrant, or petty officer who has been designated § 165.165 Regulated Navigation Area; by the COTP to act on the COTP’s be- Hudson River South of the Troy half. The designated representative Locks, NY. may be on a Coast Guard vessel, or on- (a) Regulated navigation area. All nav- board a federal, state, or local agency igable waters of the Hudson River vessel that is authorized to act in sup- south of the Troy Locks. port of the Coast Guard. (b) Definitions. The following defini- Dignitary means the President or tions apply to this section: Vice President of the United States, or (1) Designated representative means visiting heads of foreign states or gov- any Coast Guard commissioned, war- ernments. rant, or petty officer, or a Federal, (c) Regulations. In accordance with State, or local law enforcement officer the general regulations in 33 CFR part designated by or assisting the Captain 165, no person or vessel may enter or of the Port (COTP) New York. move within a RNA or security zone (2) Horsepower (HP) means the total created by this section during enforce- maximum continuous shaft horsepower ment periods unless granted permission of all the vessel’s main propulsion ma- to do so by the COTP New York or the chinery. designated representative. Vessel oper- (c) Applicability. This section applies ators and persons given permission to to tugs with less than 3,000 horsepower enter or operate in the RNA or security when engaged in towing operations. zone must comply with all directions (d) Regulations. (1) Except as provided given to them by the COTP or the des- in paragraph (c)(3) of this section, ves- ignated representative. Upon being sels less than 3,000 horsepower while hailed by a U.S. Coast Guard or New engaged in towing operations are not York City police vessel by siren, radio, authorized to transit that portion of flashing lights, or other means, the op- the Hudson River south of the Troy erator of a vessel must proceed as di- Locks when ice thickness on average is rected, and follow any instructions to eight inches or greater. anchor or moor up to a waterfront facility. (2) All Coast Guard assets enforcing this Regulated Navigation Area can be (d) Enforcement. The security zone de- contacted on VHF marine band radio, scribed in paragraph (a)(4) of this sec- channel 13 or 16. The COTP can be con- tion is effective and will be enforced at tacted at (718) 354–4356, and the public all times. Coast Guard Sector New may contact the COTP to suggest York will provide actual notice to changes or improvements in the terms mariners for the purpose of enforce- of this Regulated Navigation Area. ment for the regulated navigation (3) All persons desiring to transit areas and security zones described in through a portion of the regulated area paragraphs (a)(1), (a)(2), (a)(3), (a)(5), that has operating restrictions in ef- and (a)(6). The Captain of the Port will fect must contact the COTP at tele- also provide notice to the maritime phone number (718) 354–4356 or on VHF public regarding the activation of these channel 13 or 16 to seek permission RNAs and security zones by appro- prior to transiting the affected regu- priate means, which may include but lated area. are not limited to a Local Notice to (4) The COTP will notify the public of Mariners or marine information broad- any changes in the status of this Regu- casts, and at http://homeport.uscg.mil/ lated Navigation Area by Marine Safe- newyork. ty Information Broadcast on VHF–FM (e) Contact information. Vessel opera- marine band radio, channel 22A (157.1 tors desiring to enter or operate within MHZ). a RNA or security zone shall telephone the COTP at (718) 354–4356 or the des- [USCG–2010–0794, 76 FR 8656, Feb. 15, 2011]

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§ 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 § 165.169 Safety and Security Zones: Light (LLNR 35000), in approximate po- New York Marine Inspection Zone sition 40°41′08.3″ N 074°01′35.4″ W (NAD and Captain of the Port Zone. 1983); all waters of the East River north (a) Safety and security zones. The fol- of a line drawn from Governors Island, lowing waters within the New York in approximate position 40°41′25.3″ N Marine Inspection Zone and Captain of 074°00′42.5″ W (NAD 1983) to the south- the Port Zone are safety and security west corner of Pier 9A, Brooklyn; south zones: of a line drawn from East 47th Street, (1) Indian Point Nuclear Power Station Manhattan through the southern point (IPNPS). All waters of the Hudson of Roosevelt Island to 46 Road, Queens; River within a 300-yard radius of the and all waters of Newtown Creek west IPNPS pier in approximate position of the Pulaski Bascule Bridge. 41°16′12.4″ N, 073°57′16.2″ W (NAD 83). (b) Activation period. This section is (2) U.S. Coast Guard Cutters and Shore activated annually from 6:30 p.m. until Facilities. All waters within 100 yards 11:30 p.m. on July 4th. If the event is of: Each moored, or anchored, Coast cancelled due to inclement weather Guard Cutter; Coast Guard Station then this section is in effect from 6:30 New York, Staten Island, NY; Coast p.m. until 11:30 p.m. on July 5th. Guard Station Sandy Hook, NJ; Coast (c) Regulations. (1) The general regu- Guard Station Kings Point, NY; and lations contained in 33 CFR 165.23 Coast Guard Aids to Navigation Team apply. New York, Bayonne, NJ. (2) No vessels, except the Staten Is- (3) Part 105 Facilities—(i) Definition. land Ferries, will be allowed to transit For the purposes of this section, Part the safety zone without the permission 105 Facility means any facility subject of the Captain of the Port, New York. to the regulations contained in 33 CFR (3) All persons and vessels shall com- part 105, including those designated as ply with the instructions of the Coast ‘‘Public Access Facilities’’ as defined Guard Captain of the Port or the des- in 33 CFR 101.105. For public identifica- ignated on-scene patrol personnel. tion purposes, all of these facilities are These personnel comprise commis- required to have signs posted along the sioned, warrant, and petty officers of shoreline, facing the water, indicating the Coast Guard. Upon being hailed by that there is a 25 yard waterfront secu- a U.S. Coast Guard vessel by siren, rity zone surrounding the facilities. radio, flashing light, or other means, (ii) Location. All waters within 25 the operator of a vessel shall proceed yards of each Part 105 Facility. When a as directed. barge, ferry, or other commercial ves- (4) Vessels equal to or greater than 20 sel is conducting transfer operations at meters (65.6 feet) in length, carrying a Part 105 Facility, the 25-yard zone is persons for the purpose of viewing the measured from the outboard side of the fireworks, may take position in an area commercial vessel.

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(iii) Regulations. (A) Vessels not ac- All navigable waters of the Hudson tively engaged in passenger, cargo, pro- River bound by the following points: vision, facility maintenance or inspec- From the point 40°46′09″ N, 073°59′48.7″ tion, bunker transfer operations, or W on the seawall midway between Pier docking or undocking operations, au- 92 and 94, thence northwest to approxi- thorized in advance by the Facility Se- mate position 40°46′14″ N, 074°00′00.9″ W, curity Plan, Facility Security Officer approximately 125 yards northwest of 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

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

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073°45′55.6″ W, thence to 40°38′02.8″ N, port security conditions permit, the 073°44′57.5″ W, thence to 40°38′05.1″ N, Captain of the Port will allow vessels 073°45′00.3″ W, (NAD 1983) thence along to operate within that portion of the the shoreline to the point of origin. waters described in paragraph (a)(9)(i) (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, (12) Approaches to New York, Atlantic thence to 40°51′15.7″ N, 073°47′46.8″ W, Ocean—(i) Location: All waters of the thence to 40°51′23.5″ N, 073°47′41.9″ W, Atlantic Ocean between the Ambrose (NAD 1983) thence southwesterly along to Hudson Canyon Traffic Lane and the the shoreline to the point of origin. Barnegat to Ambrose Traffic Lane (ii) Location: 100-Yard Zone. All bound by the following points: waters of Eastchester Bay within ap- 40°21′29.9″ N, 073°44′41.0″ W, thence to proximately 100 yards of Rodman Neck 40°21′04.5″ N, 073°45′31.4″ W, thence to bound by the following points: Onshore 40°15′28.3″ N, 073°44′13.8″ W, thence to in approximate position 40°51′30.4″ N, 40°15′35.4″ N, 073°43′29.8″ W, thence to 073°48′14.9″ W, thence to 40°51′30.1″ N, 40°19′21.2″ N, 073°42′53.0″ W, (NAD 1983) 073°48′19.0″ W, thence to 40°51′16.8″ N, thence to the point of origin. 073°48′20.5″ W, thence to 40°51′07.9″ N, (ii) Enforcement period. Enforcement 073°48′16.8″ W, thence to 40°50′54.9″ N, periods for the zone in paragraph (a)(12) 073°48′09.0″ W, thence to 40°50′49.7″ N, of this section will be announced 073°48′03.6″ W, thence to 40°50′50.1″ N, through marine information broadcast 073°47′57.9″ W, thence to 40°51′04.6″ N, or other appropriate method of commu- 073°47′48.9″ W, thence to 40°51′15.9″ N, nication and the zone is activated 073°47′48.4″ W, thence to 40°51′23.5″ N, whenever a vessel is anchored in the 073°47′41.9″ W, (NAD 1983) thence south- area described in paragraph (a)(12)(i) or westerly along the shoreline to the a Coast Guard patrol vessel is on-scene. point of origin. (iii) Regulations. (A) The area de- (iii) Enforcement period. The zones described in paragraph (a)(12) of this sec- scribed in paragraph (a)(9) of this section is not a Federal Anchorage tion will be effective at all times. When Ground. Only vessels directed by the

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Captain of the Port or his or her des- waters of the United States (see 33 CFR ignated representative to enter this 2.36(a) to include the 12 NM territorial zone are authorized to anchor here. sea) in the New York Captain of the (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) The zone de- Enforcement period. 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 of the United States (see 33 CFR 2.36(a) yard radius of any Designated Vessel. to include the 12 NM territorial sea) in (iii) Enforcement period. The zone de- the New York Captain of the Port Zone scribed in paragraph (a)(15) of this sec- (33 CFR 3.05–30). The LHG Vessel will tion will be activated upon entry of be identifiable by the requirement to any Designated Vessel into the navi- fly the Bravo flag (red international gable waters of the United States (see signal flag under Pub. 102, Inter- 33 CFR 2.36(a) to include the 12 NM ter- national Code of Signals) from the out- ritorial sea) in the New York Captain ermost halyard (above the pilot house) of the Port Zone (33 CFR 3.05–30). This where it can most easily be seen. In ad- zone will remain activated at all times dition to visual identification of the while the Designated Vessel is within LHG Vessel, the Captain of the Port the navigable waters of the United will notify the maritime community of States in the New York Captain of the periods during which this zone will be Port Zone. The Designated Vessels, in- enforced by methods in accordance cluding ships and barges carrying pe- with 33 CFR 165.7. troleum products, chemicals, or other (14) Cruise ships—(i) Definition. For hazardous cargo will be recognized by the purposes of this section, cruise ship the requirement to fly the Bravo flag means a passenger vessel as defined in (red international signal flag under 46 U.S.C. 2101(22), that is authorized to Pub 102, International Code of Signals carry more than 400 passengers and is from the outermost halyard (above the 200 or more feet in length. A cruise ship pilot house) where it can most easily under this section will also include fer- be seen. Vessels that are constrained ries as defined in 46 CFR 2.10–25 that by their draft from leaving the channel are authorized to carry more than 400 may transit through the zone for the passengers and are 200 feet or more in sole purpose of direct and expeditious length. transit so long as they remain within (ii) Location. All waters within a 100- the navigable channel, maintain the yard radius of any Cruise ship whether maximum possible safe distance from underway, anchored, or at berth. the Designated Vessel, and do not stop (iii) Enforcement period. The zone de- or loiter within the zone. Designated scribed in paragraph (a)(14) of this sec- Vessels carrying government officials, tion will be activated upon entry of dignitaries, or other passengers requir- any cruise ship into the navigable ing protection, and passenger vessels

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authorized to carry more than 400 pas- yard zone is measured from the out- sengers and are less than 200 feet in board side of the commercial vessel. length will be recognizable by their (ii) Regulations. (A) Vessels not ac- being escorted by a federal, state or tively engaged in passenger, cargo, pro- 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 waters of the Hudson River within 25 tion without the express permission of yards of the 134th Street Pipeline Me- the Coast Guard Captain of the Port, a tering and Regulating Station. designated representative, or des- (ii) Regulations. (A) Vessels not ac- ignated on-scene patrol personnel. tively engaged in facility maintenance (B) Persons seeking Captain of the or inspection operations authorized in Port permission to enter within a par- advance by the Pipeline Security Offi- ticular zone for official business other 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 authorized docking or undocking oper- are authorized to transit through the ations may request such authorization safety/security zone around the New- by contacting: Commander Coast port Helistop during their transit, pro- Guard Sector New York, via the Sector vided that helicopters are not taking Command Center (SCC), at: 212 Coast off or landing. No loitering or unneces- Guard Drive, Staten Island, NY 10305, sary delay is authorized during these or via fax to (718) 354–4125 or by con- transits. tacting the Sector Command Center (b) Regulations. (1) Entry into or re- Duty Officer by phone at: (718) 354–4353. maining in a safety or security zone is (17) Waterfront heliports—(i) Location. prohibited unless authorized by the All waters of the East River within 25 Coast Guard Captain of the Port, New yards of the East 34th Street and Wall York. 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 a barge, ferry, or other commercial with the instructions of the Captain of vessel is conducting transfer operations at a waterfront heliport, the 25-

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the Port or his or her designated rep- York Command Center) to request per- resentative. mission. (5) Vessel operators given permission [CGD01–02–132, 68 FR 2890, Jan. 22, 2003, as amended by CGD01–03–036, 69 FR 2670, Jan. 20, to enter or operate in the safety zone 2004; CGD01–03–020, 69 FR 23306, June 15, 2004; must comply with all directions given USCG–2008–0179, 73 FR 35017, June 19, 2008; to them by the COTP or a designated USCG–2007–0074, 74 FR 7191, Feb. 13, 2009] representative. [USCG–2012–1045, 79 FR 20794, Apr. 14, 2014] § 165.170 Safety Zone; Military Muni- tions Recovery, Raritan River, Rari- § 165.171 Safety Zones for fireworks tan, NJ. displays and swim events held in (a) Location. The following area is a Coast Guard Sector Northern New safety zone: All navigable waters of the England Captain of the Port Zone. Raritan River upstream of the Perth The Coast Guard is establishing safe- Amboy Railroad Bridge, which spans ty zones for the fireworks displays list- the waterway at approximately ed in the Table to § 165.171. These regu- 40°29′46.3″ N, 74°16′51.5″ W. lations will be enforced for the dura- (b) Definitions. The following definition of each event, on or about the tions apply to this section: dates indicated in the Table to § 165.171. (1) ‘‘Designated representative’’ Mariners should consult their Local means any U.S. Army Corps of Engi- Notice to Mariners to remain apprised neers personnel, any commissioned, of the specific calendar date upon warrant, or petty officer of the U.S. which the listed event falls for each Coast Guard, and any member of the calendar year and other specific infor- Coast Guard Auxiliary who has been mation concerning the event. First designated by the Captain of the Port Coast Guard District Local Notice to New York (COTP), to act on his or her Mariners can be found at: http:// behalf. As a designated representative, www.navcen.uscg.gov/. The Sector the U.S. Army Corps of Engineers offi- Northern New England Marine Events cial patrol vessel will communicate schedule can also be viewed electroni- with vessels via VHF–FM radio or cally at www.homeport.uscg.mil. loudhailer. NOTE TO INTRODUCTORY TEXT OF § 165.171: (2) ‘‘Official patrol vessel’’ means any Although listed in the Code of Federal Regu- Coast Guard, Coast Guard Auxiliary, lations, sponsors of events listed in the Table Army Corp of Engineers, state, or local to § 165.171 shall submit an application each law enforcement vessels assigned or ap- year in accordance with 33 CFR 100.15. proved by the COTP. (a) The Coast Guard may patrol each (c) Regulations. (1) The general regu- event area under the direction of a des- lations in 33 CFR 165.23 apply. ignated Coast Guard Patrol Com- (2) Entry, transit, diving, dredging, mander. The Patrol Commander may dumping, fishing, trawling, conducting be contacted on Channel 16 VHF–FM salvage operations, remaining or an- (156.8 MHz) by the call sign choring within the safety zone de- ‘‘PATCOM.’’ The ‘‘official patrol ves- scribed in paragraph (a) of this section sels’’ may consist of any Coast Guard, is prohibited unless authorized by the Coast Guard Auxiliary, state, or local COTP. law enforcement vessels assigned or ap- (3) Upon being hailed by a U.S. Coast proved by the Captain of the Port, Sec- Guard vessel, U.S. Army Corps of Engi- tor Northern New England. neers vessel or a designated representa- (b) Vessels may not transit the regu- tive, by siren, radio, flashing light, or lated areas without Patrol Commander other means, the operator of a vessel approval. Vessels permitted to transit shall proceed as directed. must operate at a no wake speed, in a (4) Vessel operators desiring to enter, manner which will not endanger par- transit, dive, dredge, dump, fish, trawl, ticipants or other crafts in the event. conduct salvage operations, remain (c) Spectators or other vessels shall within or anchor within the safety zone not anchor, block, loiter, or impede the must contact the COTP or a designated movement of event participants or offi- representative via VHF channel 16 or cial patrol vessels in the regulated by phone at (718) 354–4353 (Sector New areas during the effective dates and

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times, or dates and times as modified at any time to assure safety. Such ac- through the Local Notice to Mariners, tion may be justified as a result of unless authorized by an official patrol weather, traffic density, spectator op- vessel. eration or participant behavior. (d) The Patrol Commander may con- (f) For all swim events listed, vessels trol the movement of all vessels in the not associated with the event shall regulated area. When hailed or signaled maintain a separation zone of 200 feet by an official patrol vessel, a vessel from participating swimmers. shall come to an immediate stop and (g) For all fireworks displays listed comply with the lawful directions below, the regulated area is that area issued. Failure to comply with a lawful of navigable waters within a 350 yard direction may result in expulsion from radius of the launch platform or launch the area, citation for failure to comply, site for each fireworks display. or both. (h) The specific calendar date upon (e) The Patrol Commander may delay which the listed event falls will be pub- or terminate any event in this subpart lished in the FEDERAL REGISTER.

TABLE TO § 165.171

5.0 MAY

5.1 Hawgs, Pies, & Fireworks ...... • Event Type: Fireworks Display. • Sponsor: Gardiner Maine Street. • Date: One night event between the 15th of May and the 15th of June.* • Time (Approximate): 8:00 p.m. to 10:00 p.m. • Location: In the vicinity of the Gardiner Wa- terfront, Gardiner, Maine in approximate position: 44°13′52″ N, 069°46′08″ W (NAD 83).

6.0 JUNE

6.1 Rotary Waterfront Days Fireworks ...... • Event Type: Fireworks Display. • Sponsor: Gardiner Rotary. • Date: Two night event on a Wednesday and Saturday in June.* • Time (Approximate): 8:00 p.m. to 10:00 p.m. • Location: In the vicinity of the Gardiner Wa- terfront, Gardiner, Maine in approximate position: 44°13′52″ N, 069°46′08″ W (NAD 83).

6.2 LaKermesse Fireworks ...... • Event Type: Fireworks Display. • Sponsor: Ray Gagne. • Date: One night event in June.* • Time (Approximate): 8:00 p.m. to 10:00 p.m. • Location: Biddeford, Maine in approximate position: 43°29′37″ N, 070°26′47″ W (NAD 83).

6.3 Windjammer Days Fireworks ...... • Event Type: Fireworks Display. • Sponsor: Boothbay Harbor Region Chamber of Commerce. • Date: One night event in June.* • Time (Approximate): 8:00 p.m. to 10:30 p.m. • Location: In the vicinity of McFarland Island, Boothbay Harbor, Maine in approximate position:

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TABLE TO § 165.171—Continued 43°50′38″ N, 069°37′57″ W (NAD 83).

7.0 JULY

7.1 Vinalhaven 4th of July Fireworks ...... • Event Type: Fireworks Display. • Sponsor: Vinalhaven 4th of July Committee. • Date: One night event in July.* • Time (Approximate): 8:00 p.m. to 10:30 p.m. • Location: In the vicinity of Grime’s Park, Vinalhaven, Maine in approximate position: 44°02′34″ N, 068°50′26″ W (NAD 83).

7.2 Burlington Independence Day Fireworks .. • Event Type: Fireworks Display. • Sponsor: City of Burlington, Vermont. • Date: One night event in July.* • Time (Approximate): 9:00 p.m. to 11:00 p.m. • Location: From a barge in the vicinity of Bur- lington Harbor, Burlington, Vermont in approximate position: 44°28′31″ N, 073°13′31″ W (NAD 83).

7.3 Camden 3rd of July Fireworks ...... • Event Type: Fireworks Display. • Sponsor: Camden, Rockport, Lincolnville Chamber of Commerce. • Date: One night event in July.* • Time (Approximate): 8:00 p.m. to 10:00 p.m. • Location: In the vicinity of Camden Harbor, Maine in approximate position: 44°12′32″ N, 069°02′58″ W (NAD 83).

7.4 Bangor 4th of July Fireworks ...... • Event Type: Fireworks Display. • Sponsor: Bangor 4th of July Fireworks. • Date: One night event in July.* • Time (Approximate): 8:00 p.m. to 10:30 p.m. • Location: In the vicinity of the Bangor Wa- terfront, Bangor, Maine in approximate position: 44°47′27″ N, 068°46′31″ W (NAD 83).

7.5 Bar Harbor 4th of July Fireworks ...... • Event Type: Fireworks Display. • Sponsor: Bar Harbor Chamber of Com- merce. • Date: One night event in July.* • Time (Approximate): 8:00 p.m. to 10:30 p.m. • 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).

7.6 Boothbay Harbor 4th of July Fireworks .... • Event Type: Fireworks Display. • Sponsor: Town of Boothbay Harbor. • Date: One night event in July.* • Time (Approximate): 8:00 p.m. to 10:30 p.m. • Location: In the vicinity of McFarland Island, Boothbay Harbor, Maine in approximate position: 43°50′38″ N, 069°37′57″ W (NAD 83).

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TABLE TO § 165.171—Continued 7.7 Colchester 4th of July Fireworks ...... • Event Type: Fireworks Display. • Sponsor: Town of Colchester, Recreation Department. • Date: One night event in July.* • Time (Approximate): 8:00 p.m. to 10:00 p.m. • Location: In the vicinity of Bayside Beach and Mallets Bay in Colchester, Vermont in approximate position: 44°32′44″ N, 073°13′10″ W (NAD 83).

7.8 Eastport 4th of July Fireworks ...... • Event Type: Fireworks Display. • Sponsor: Eastport 4th of July Committee. • Date: One night event in July.* • Time (Approximate): 9:00 p.m. to 9:30 p.m. • Location: From the Waterfront Public Pier in Eastport, Maine in approximate position: 44°54′25″ N, 066°58′55″ W (NAD 83).

7.9 Ellis Short Sand Park Trustee Fireworks .. • Event Type: Fireworks Display. • Sponsor: William Burnham. • Date: One night event in July.* • Time (Approximate): 8:30 p.m. to 11:00 p.m. • Location: In the vicinity of York Beach, Maine in approximate position: 43°10′27″ N, 070°36′26″ W (NAD 83).

7.10 Hampton Beach 4th of July Fireworks .... • Event Type: Fireworks Display. • Sponsor: Hampton Beach Village District. • Date: One night event in July.* • Time (Approximate): 8:30 p.m. to 11:00 p.m. • Location: In the vicinity of Hampton Beach, New Hampshire in approximate position: 42°54′40″ N, 070°36′25″ W (NAD 83).

7.11 Jonesport 4th of July Fireworks ...... • Event Type: Fireworks Display. • Sponsor: Jonesport 4th of July Committee. • Date: One night event in July.* • Time (Approximate): 8:00 p.m. to 10:30 p.m. • Location: In the vicinity of Beals Island, Jonesport, Maine in approximate position: 44°31′18″ N, 067°36′43″ W (NAD 83).

7.12 Lubec Bicentennial Fireworks ...... • Event Type: Fireworks Display. • Sponsor: Town of Lubec, Maine. • Date: One night event in July.* • Time (Approximate): 8:00 p.m. to 10:30 p.m. • Location: In the vicinity of the Lubec Public Boat Launch in approximate position: 44°51′52″ N, 066°59′06″ W (NAD 83).

7.13 Main Street Heritage Days 4th of July • Event Type: Fireworks Display. Fireworks. • Sponsor: Main Street Inc. • Date: One night event in July.* • Time (Approximate): 8:00 p.m. to 10:30 p.m. • Location: In the vicinity of Reed and Reed Boat Yard, Woolwich, Maine in approximate position:

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TABLE TO § 165.171—Continued 43°54′56″ N, 069°48′16″ W (NAD 83).

7.14 Portland Harbor 4th of July Fireworks .... • Event Type: Fireworks Display. • Sponsor: Department of Parks and Recre- ation, Portland, Maine. • Date: One night event in July.* • Time (Approximate): 8:30 p.m. to 10:30 p.m. • Location: In the vicinity of East End Beach, Portland, Maine in approximate position: 43°40′16″ N, 070°14′44″ W (NAD 83).

7.15 St. Albans Day Fireworks ...... • Event Type: Fireworks Display. • Sponsor: St. Albans Area Chamber of Com- merce. • Date: One night event in July.* • Time (Approximate): 9:00 p.m. to 10:00 p.m. • Location: From the St. Albans Bay dock in St. Albans Bay, Vermont in approximate position: 44°48′25″ N, 073°08′23″ W (NAD 83).

7.16 Stonington 4th of July Fireworks ...... • Event Type: Fireworks Display. • Sponsor: Deer Isle—Stonington Chamber of Commerce. • Date: One night event in July.* • Time (Approximate): 8:00 p.m. to 10:30 p.m. • Location: In the vicinity of Two Bush Island, Stonington, Maine in approximate position: 44°08′57″ N, 068°39′54″ W (NAD 83).

7.17 Southwest Harbor 4th of July Fireworks • Event Type: Fireworks Display. • Sponsor: Sharon Gilley. • Date: One night event in July.* • Time (Approximate): 8:00 p.m. to 10:30 p.m. • Location: Southwest Harbor, Maine in approximate position: 44°16′25″ N, 068°19′21″ W (NAD 83).

7.18 Prentice Hospitality Group Fireworks ...... • Event Type: Fireworks Display. • Sponsor: Prentice Hospitality Group. • Date: One night event in July.* • Time (Approximate): 8:00 p.m. to 10:30 p.m. • Location: Chebeague Island, Maine in approximate position: 43°45′12″ N, 070°06′27″ W (NAD 83).

7.19 Shelburne Triathlons ...... • Event Type: Swim Event. • Sponsor: Race Vermont. • Date: Up to three Saturdays throughout July and August.* • Time (Approximate): 7:00 a.m. to 11:00 a.m. • Location: The regulated area includes all waters of Lake Champlain in the vicinity of Shelburne Beach in Shelburne, Vermont within a 400 yard radius of the following point (NAD 83): 44°21′45″ N, 075°15′58″ W.

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TABLE TO § 165.171—Continued 7.20 St. George Days Fireworks ...... • Event Type: Fireworks. • Sponsor: Town of St. George. • Date: One night event in July.* • Time (Approximate): 8:30 p.m. to 10:30 p.m. • Location: The regulated area includes all waters of Inner Tenants Harbor, ME, in approximate position (NAD 83): 43°57′41.37″ N, 069°12′45″ W.

7.21 Tri for a Cure Swim Clinics and Triathlon • Event Type: Swim Event. • Sponsor: Maine Cancer Foundation. • Date: A multi-day event held throughout July.* • Time (Approximate): 8:30 a.m. to 11:30 a.m. • 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.

7.22 Richmond Days Fireworks ...... • Event Type: Fireworks Display. • Sponsor: Town of Richmond, Maine. • Date: A one day event in July.* • Time (Approximate): 8:00 p.m. to 10:00 p.m. • 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).

7.23 Colchester Triathlon ...... • Event Type: Swim Event. • Sponsor: Colchester Parks and Recreation Department. • Date: A one day event in July.* • Time (Approximate): 7:00 a.m. to 11:00 a.m. • Location: The regulated area includes all waters of Malletts Bay on Lake Champlain, 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.

7.24 Peaks to Portland Swim ...... • Event Type: Swim Event. • Sponsor: Cumberland County YMCA. • Date: A one day event in July.* • Time (Approximate): 5:00 a.m. to 1:00 p.m. • 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.

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TABLE TO § 165.171—Continued 43°39′34″ N, 070°13′31″ W. 43°39′13″ N, 070°11′59″ W.

7.25 Friendship Days Fireworks ...... • Event Type: Fireworks Display. • Sponsor: Town of Friendship. • Date: A one day event in July.* • Time (Approximate): 8:00 p.m. to 10:30 p.m. • Location: In the vicinity of the Town Pier, Friendship Harbor, Maine in approximate position: 43°58′23″ N, 069°20′12″ W (NAD83).

7.26 Bucksport Festival and Fireworks ...... • Event Type: Fireworks Display. • Sponsor: Bucksport Bay Area Chamber of Commerce. • Date: A one day event in July.* • Time (Approximate): 8:00 p.m. to 10:30 p.m. Location: In the vicinity of the Verona Island Boat Ramp, Verona, Maine, in approximate position: 44°34′9″ N, 068°47′28″ W (NAD83).

7.27 Nubble Light Swim Challenge ...... • Event Type: Swim Event. • Sponsor: Nubble Light Challenge. • Date: A one day event in July.* • Time (Approximate): 9:00 a.m. to 12:30 p.m. • Location: The regulated area includes all waters around Cape Neddick, Maine and within the following coordinates: 43°10′28″ N, 070°36′26″ W. 43°10′34″ N, 070°36′06″ W. 43°10′30″ N, 070°35′45″ W. 43°10′17″ N, 070°35′24″ W. 43°09′54″ N, 070°35′18″ W. 43°09′42″ N, 070°35′37″ W. 43°09′51″ N, 070°37′05″ W.

8.0 AUGUST

8.1 Sprucewold Cabbage Island Swim ...... • Event Type: Swim Event. • Sponsor: Sprucewold Association. • Date: A one day event in August.* • Time (Approximate): 1:00 p.m. to 6:00 p.m. • Location: The regulated area includes all waters of Linekin Bay between Cabbage Is- land 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 in August.* • Time (Approximate): 8:00 p.m. to 10:30 p.m.

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TABLE TO § 165.171—Continued • 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 in August.* • Time (Approximate): 9:00 a.m. to 10:00 a.m. • 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): 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 York Beach Fire Department Fireworks .... • Event Type: Fireworks Display. • Sponsor: York Beach Fire Department. • Date: A one day event in August.* • Time (Approximate): 8:30 p.m. to 11:30 p.m. • Location: In the vicinity of Short Sand Cove in York, Maine in approximate position: 43°10′27″ N, 070°36′25″ W (NAD 83).

8.5 Rockland Breakwater Swim ...... • Event Type: Swim Event. • Sponsor: Pen-Bay Masters. • Date: A one day event in August.* • Time (Approximate): 7:30 a.m. to 1:30 p.m. • 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.

8.6 Tri for Preservation ...... • Event Type: Swim Event. • Sponsor: Tri-Maine Productions. • Date: A one day event in August.* • Time (Approximate): 7:30 a.m. to 9:00 a.m. • Location: In the vicinity of Crescent Beach State Park in Cape Elizabeth, Maine in approximate position: 43°33′46″ N, 070°13′48″ W. 43°33′41″ N, 070°13′46″ W. 43°33′44″ N, 070°13′40″ W. 43°33′47″ N, 070°13′46″ W.

8.7 North Hero Air Show ...... • Event Type: Air Show. • Sponsor: North Hero Fire Department. • Date: A one day event in August.* • Time (Approximate): 10:00 a.m. to 5:00 p.m.

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TABLE TO § 165.171—Continued • Location: In the vicinity of Shore Acres Dock, North Hero, Vermont in approximate position: 44°48′24″ N, 073°17′02″ W. 44°48′22″ N, 073°16′46″ W. 44°47′53″ N, 073°16′54″ W. 44°47′54″ N, 073°17′09″ W.

9.0 SEPTEMBER

9.1 Windjammer Weekend Fireworks. • Event Type: Fireworks Display. • Sponsor: Town of Camden, Maine. • Date: A one night event in September.* • Time (Approximate): 8:00 p.m. to 9:30 p.m. • 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 Eastport Pirate Festival Fireworks ...... • Event Type: Fireworks Display. • Sponsor: Eastport Pirate Festival. • Date: A one night event in September.* • Time (Approximate): 7:00 p.m. to 10:00 p.m. • Location: From the Waterfront Public Pier in Eastport, Maine in approximate position: 44°54′17″ N, 066°58′58″ W (NAD 83).

9.3 The Lobsterman Triathlon ...... • Event Type: Swim Event. • Sponsor: Tri-Maine Productions. • Date: A one day event in September.* • Time (Approximate): 8:00 a.m. to 11:00 a.m. • 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.

9.4 Eliot Festival Day Fireworks ...... • Event Type: Fireworks Display. • Sponsor: Eliot Festival Day Committee. • Date: A one night event in September.* • Time (Approximate): 8:00 p.m. to 10:30 p.m. • Location: In the vicinity of Eliot Town Boat Launch, Eliot, Maine in approximate position: 43°08′56″ N, 070°49′52″ W (NAD 83). * Date subject to change. Exact date will be posted in Notice of Enforcement and Local Notice to Mariners.

[USCG–2011–1023, 77 FR 23608, Apr. 20, 2012, as amended by USCG–2012–1057, 78 FR 47562, Aug. 6, 2013; USCG–2013–0904, 79 FR 18176, Apr. 1, 2014]

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§ 165.172 Safety Zone; Underwater NOTE TO PARAGRAPH (a): Although listed in Hazard, Gravesend Bay, Brooklyn, the Code of Federal Regulations, sponsors of NY. events listed in the Table shall submit an application each year in accordance with 33 (a) Location. The following area is a CFR 100.15. safety zone: All navigable waters of Gravesend Bay within a 110-yard radius (b) Definitions. The following defini- of a point in position 40°36′30″ N, tions apply to this section: 074°02′14″ W (NAD 83), approximately 70- (1) Designated representative. A ‘‘des- yards southeast of the Verrazano ignated representative’’ is any Coast Bridge Brooklyn tower. Guard commissioned, warrant or petty (b) Regulations. (1) The general regu- officer of the U.S. Coast Guard who has lations contained in 33 CFR 165.23 been designated by the Captain of the apply. Port, Southeastern New England (2) Entering into, transiting through, (COTP), to act on his or her behalf. The diving, dredging, dumping, fishing, designated representative may be on an trawling, conducting salvage oper- official patrol vessel or may be on ations, remaining within or anchoring shore and will communicate with ves- within this safety zone is prohibited sels via VHF–FM radio or loudhailer. unless authorized by the Captain of the In addition, members of the Coast Port (COTP) New York or the des- Guard Auxiliary may be present to in- ignated on-scene representative. form vessel operators of this regula- (3) The ‘‘designated on-scene rep- tion. resentative’’ is any Coast Guard com- (2) Official patrol vessels. Official pa- missioned, warrant, or petty officer trol vessels may consist of any Coast who has been designated by the COTP Guard, Coast Guard Auxiliary, state, or New York. local law enforcement vessels assigned (4) Vessel operators desiring to enter or approved by the COTP. or operate within the safety zone may contact the COTP New York or the des- (3) Spectators. All persons and vessels ignated representative at the Coast not registered with the event sponsor Guard Sector New York Command Cen- as participants or official patrol ves- ter via VHF Channel 16 or by phone at sels. (718) 354–4353 to request permission. (c) The Coast Guard may patrol each (5) Vessel operators given permission event area under the direction of a des- to enter or operate in the safety zone ignated Coast Guard Patrol Com- must comply with all directions given mander. The Patrol Commander may to them by the COTP New York or the be contacted on Channel 16 VHF–FM on-scene representative. (156.8 MHz) by the call sign ‘‘PATCOM.’’ The ‘‘official patrol ves- [USCG–2010–1091, 76 FR 31234, May 31, 2011] sels’’ may consist of any Coast Guard, § 165.173 Safety Zones for annually re- Coast Guard Auxiliary, state, or local curring marine events held in Coast law enforcement vessels assigned or ap- Guard Southeastern New England proved by the Captain of the Port, Captain of the Port Zone. Southeastern New England. (a) Regulations. (1) The general regu- (d) Vessels may not transit the regulations contained in 33 CFR 165.23 as lated areas without Patrol Commander well as the following regulations apply approval. Vessels permitted to transit to the fireworks displays and swim must operate at a no wake speed, in a events listed in the Table to § 165.173. manner which will not endanger par- These regulations may be enforced for ticipants or other crafts in the event. the duration of each event. (e) Spectators or other vessels shall (2) Notifications will be made to the not anchor, block, loiter, or impede the local maritime community through the movement of event participants or offi- Local Notice to Mariners well in ad- cial patrol vessels in the regulated vance of the events. If the event does areas during the effective dates and not have a date listed, then exact dates times, or dates and times as modified and times of the enforcement period through a Notice of Enforcement pub- will be announced through a Notice of lished in the FEDERAL REGISTER, unless Enforcement in the FEDERAL REGISTER. authorized by an official patrol vessel.

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(f) The Patrol Commander may con- at any time to ensure safety. Such ac- trol the movement of all vessels in the tion may be justified as a result of regulated area. When hailed or signaled weather, traffic density, spectator op- by an official patrol vessel, a vessel eration or participant behavior. shall come to an immediate stop and (h) For all fireworks displays listed comply with the lawful directions below, the regulated area is that area issued. Failure to comply with a lawful of navigable waters within the speci- direction may result in expulsion from fied radius of the launch platform or the area, citation for failure to comply, launch site for each fireworks display, or both. unless modified later in a Notice of En- (g) The Patrol Commander may delay forcement published in the FEDERAL or terminate any event in this subpart REGISTER.

TABLE TO § 165.173

1.0 365 DAY JANUARY–DECEMBER

1.1 Provincetown Fireworks ...... • Event Type: Fireworks Display. • Date: Enforced on any day during the duration of the event as specified by a Notice of Enforcement published in the FED- ERAL REGISTER. • Time: Approximately 5:00 p.m. to 11:59 p.m. • Location: From a barge in the vicinity of the Provincetown Harbor, Provincetown, MA. • Position: Within 500 yards of 41°28′44″ N, 070°10′83″ W (NAD 83). • Safety Zone Dimension: Approximately 300 yard radius circle around the fireworks barge.

1.2 Providence Fireworks ...... • Event Type: Fireworks Display. • Date: Enforced on any day during the duration of the event as specified by a Notice of Enforcement published in the FED- ERAL REGISTER. • Time: Approximately 5:00 p.m. to 11:59 p.m. • Location: From a barge in the vicinity of the Hurricane Barrier in the Providence River, Providence, RI. • Position: Within 500 yards of 41°48′50″ N, 071°23′43″ W (NAD 83). • Safety Zone Dimension: Approximately 300 yard radius circle around the fireworks barge.

1.3 Fall River Fireworks ...... • Event Type: Fireworks Display. • Date: Enforced on any day during the duration of the event as specified by a Notice of Enforcement published in the FED- ERAL REGISTER. • Time: Approximately 5:00 p.m. to 11:59 p.m. • Location: From a barge in the vicinity of Battleship Cove, Fall River, MA. • Position: Within 500 yards of 41°42′37″ N, 071°09′53″ W (NAD 83). • Safety Zone Dimension: Approximately 200 yard radius circle around the fireworks barge.

6.0 JUNE

6.1 Oak Bluffs Summer Solstice ...... • Event Type: Fireworks Display. • Date: One night on the 3rd or 4th weekend of June. • Time: Approximately 8:00 p.m. to 11:59 p.m. • Location: From a barge in the vicinity of Town Beach, Oak Bluffs, MA. • Position: Within 500 yards of 41°27′19″ N, 070°33′08″ W (NAD 83). • Safety Zone Dimension: Approximately 300 yard radius circle around the fireworks barge.

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TABLE TO § 165.173—Continued 6.2 RI National Guard Air Show ...... • Event Type: Air Show. • Date: One weekend (Friday, Saturday, and Sunday) in June or July. • Time: Approximately 9:00 a.m. to 7:00 p.m. • Location: (1) All waters over the West Passage of Narragan- sett Bay, in the vicinity of the Quonset State Airport, North Kingston, RI which are within a 4000-yard radius arc extending from position 41°35′44″ N, 071°24′14″ W (NAD 83); and (2) All waters over the West Passage of Narragansett Bay, in the vicinity of Narragansett Pier, Narragansett, RI, which are within a 2000-yard radius arc extending from position 41°26′17″ N, 071°27′02″ W (NAD 83) (Friday only). • Safety Zone Dimension: Approximately 1000 yards long by 1000 yards wide.

7.0 JULY

7.1 Marion 4th of July Fireworks ...... • Event Type: Fireworks Display. • Date: One night between July 1st and July 10th, as announced in the Local Notice to Mariners. • Time: Approximately 8:00 p.m. to 11:59 p.m. • Location: From a barge in the vicinity of Outer Sipican Har- bor, Marion, MA. • Position: Within 500 yards of 41°42′17″ N, 070°45′08″ W (NAD 83). • Safety Zone Dimension: Approximately 300 yard radius circle around the fireworks barge.

7.2 Oyster Harbors July 4th Festival ...... • Event Type: Fireworks Display. • Date: One night between July 1st and July 10th, as announced in the Local Notice to Mariners. • Time: Approximately 8:00 p.m. to 11:59 p.m. • Location: From a barge in the vicinity of Tim’s Cove, North Bay, Osterville, MA. • Position: Within 500 yards of 41°37′29″ N, 070°25′12″ W (NAD 83). • Safety Zone Dimension: Approximately 200 yard radius circle around the fireworks barge.

7.3 North Kingstown Fireworks Display. .... • Event Type: Fireworks Display. • Date: One night between July 1st and July 10th, as announced in the Local Notice to Mariners. • Time: Approximately 8:00 p.m. to 11:59 p.m. • Location: From a barge in the vicinity of Town Beach, North Kingston, RI. • Position: Within 500 yards of 41°33′59″ N, 071°26′23″ W (NAD 83). • Safety Zone Dimension: Approximately 200 yard radius circle around the fireworks barge.

7.4 Falmouth Fireworks ...... • Event Type: Fireworks Display. • Date: One night between July 1st and July 10th, as announced in the Local Notice to Mariners. • Time: Approximately 8:00 p.m. to 11:59 p.m. • Location: From a barge in the vicinity of Falmouth Beach, Falmouth, MA. • Position: Within 500 yards of 41°32′27″ N, 070°35′26″ W (NAD 83). • Safety Zone Dimension: Approximately 300 yard radius circle around the fireworks barge.

7.5 Town of Nantucket Fireworks ...... • Event Type: Fireworks Display. • Date: One night between July 1st and July 10th, as announced in the Local Notice to Mariners. • Time: Approximately 8:00 p.m. to 11:59 p.m.

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TABLE TO § 165.173—Continued • Location: From a barge in the vicinity of Jetties Beach, Nan- tucket Sound, MA. • Position: Within 500 yards of 41°19′00″ N, 070°06′30″ W (NAD 83). • Safety Zone Dimension: Approximately 200 yard radius circle around the fireworks barge.

7.6 City of Newport 4th of July Fireworks • Event Type: Fireworks Display. • Date: One night between July 1st and July 10th, as announced in the Local Notice to Mariners. • Time: Approximately 8:00 p.m. to 11:59 p.m. • Location: From the shore in the vicinity of Fort Adams, New- port, RI. • Position: Within 500 yards of 41°28′49″ N, 071°20′12″ W (NAD 83). • Safety Zone Dimension: Approximately 350 yard radius circle around the launch site.

7.7 Town of Barnstable/Hyannis July 4th • Event Type: Fireworks Display. Fireworks. • Date: One night between July 1st and July 10th, as announced in the Local Notice to Mariners. • Time: Approximately 8:00 p.m. to 11:59 p.m. • Location: From a barge in the vicinity of Lewis Bay, Hyannis, MA. • Position: Within 500 yards of 41°38′20″ N, 070°15′08″ W (NAD 83). • Safety Zone Dimension: Approximately 350 yard radius circle around the fireworks barge.

7.8 Edgartown 4th of July Fireworks Cele- • Event Type: Fireworks Display. bration. • Date: One night between July 1st and July 10th, as announced in the Local Notice to Mariners. • Time: Approximately 8:00 p.m. to 11:59 p.m. • Location: From a barge in the vicinity of Edgartown Outer Harbor, Edgartown, MA. • Position: Within 500 yards of 41°22′39″ N, 070°30′14″ W (NAD 83). • Safety Zone Dimension: Approximately 300 yard radius circle around the fireworks barge.

7.9 City of New Bedford Fireworks Display • Event Type: Fireworks Display. • Date: One night between July 1st and July 10th, as announced in the Local Notice to Mariners. • Time: Approximately 8:00 p.m. to 11:59 p.m. • Location: From a barge in the vicinity of New Bedford Harbor, New Bedford, MA. • Position: Within 500 yards of 41°37′55″ N, 070°54′44″ W (NAD 83). • Safety Zone Dimension: Approximately 250 yard radius circle around the fireworks barge.

7.10 Onset Fireworks ...... • Event Type: Fireworks Display. • Date: One night between July 1st and July 10th, as announced in the Local Notice to Mariners. • Time: Approximately 8:00 p.m. to 11:59 p.m. • Location: On the shore, in the vicinity of Shellpoint Beach, Onset, MA. • Position: Within 500 yards of 41°44′13″ N, 070°39′51″ W (NAD 83). • Safety Zone Dimension: Approximately 300 yard radius circle around the fireworks launch site.

7.11 Bristol 4th of July Fireworks ...... • Event Type: Fireworks Display.

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TABLE TO § 165.173—Continued • Date: One night between July 1st and July 10th, as announced in the Local Notice to Mariners. • Time: Approximately 8:00 p.m. to 11:59 p.m. • Location: In the vicinity of Northern portion of the Bristol Har- bor, Bristol, RI, on the section of Poppasquash Rd separating the harbor and Mill Pond. • Position: Within 500 yards of 41°40′53.4″ N, 071°17′00″ W (NAD 83). • Safety Zone Dimension: Approximately 300 yard radius circle around the fireworks launch site.

7.12 Swim Buzzards Bay ...... • Event Type: Swim Event. • Date: One Saturday or Sunday in July or August, as announced in the Local Notice to Mariners. • Time: Start times will vary from 6:00 a.m. to 11:59 a.m., and last approximately two hours until the last swimmer is ashore. Start time will be announced in advance in the Local Notice to Mariners. • Location: The regulated area includes all waters in the vicinity of the Outer New Bedford Harbor, within 500 yards along a centerline with an approximate start point of 41°36′35″ N, 070°54′18″ W (NAD 83) and an approximate end point of 41°37′26″ N, 070°53′48″ W (NAD 83) at Davy’s Locker Res- taurant in New Bedford, MA, to Fort Phoenix Beach in Fairhaven, MA. • Safety Zone Dimension: 500 yards on either side of the centerline described above.

7.13 Save the Bay Swim ...... • Event Type: Swim Event. • Date: One Saturday or Sunday in July or August, as announced in the Local Notice to Mariners. • Time: Start time will vary from 6:00 a.m. to 11:59 a.m. and last for approximately four hours, until the last swimmer is ashore. Start time will be announced in advance in the Local Notice to Mariners. • Location: The regulated area includes all waters in the vicinity of the Newport/Pell Bridge, East Passage of Narragansett Bay, along a centerline with an approximate start point of 41°30′24″ N, 071°19′49″ W (NAD 83) and an approximate end point of 41°30′39″ N, 071°21′50″ W (NAD 83), i.e., a line drawn from the Officers’ Club, Coaster’s Harbor Island, Naval Station Newport, to Potter Cove, Jamestown. • Safety Zone Dimension: 500 yards on either side of the centerline described above.

8.0 AUGUST

8.1 Boston Pops Nantucket ...... • Event Type: Fireworks Display. • Date: One night in August as announced in the Local Notice to Mariners. • Time: Approximately 8:00 p.m. to 11:59 p.m. • Location: On the shore, in the vicinity of Jetties Beach, Nan- tucket, MA. • Position: Within 500 yards of 41°17′43″ N, 070°06′10″ W (NAD 83). • Safety Zone Dimension: Approximately 400 yard radius circle around the fireworks barge.

8.2 Oak Bluffs Fireworks ...... • Event Type: Fireworks Display. • Date: One night in August. • Time: Approximately 8:00 p.m. to 11:59 p.m. • Location: From a barge in the vicinity of Oak Bluffs Harbor, Oak Bluffs, MA. • Position: Within 500 yards of 41°27′27″ N, 070°33′17″ W (NAD 83).

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TABLE TO § 165.173—Continued • Safety Zone Dimension: Approximately 350 yard radius circle around the fireworks barge.

8.3 Newport Salute to Summer Fireworks • Event Type: Fireworks Display. • Date: One night during the last two weekends in August or 1st weekend in September. • Time: Approximately 8:00 p.m. to 11:59 p.m. • Location: From a barge in the vicinity of Naval Station New- port, Newport, RI. • Position: Within 500 yards of 41°30′15″ N, 071°19′50″ W (NAD 83). • Safety Zone Dimension: Approximately 400 yard radius circle around the fireworks barge.

9.0 SEPTEMBER

9.1 Provincetown Harbor Swim for Life ..... • Event Type: Swim Event. • Date: On a day in September as announced in the Local No- tice to Mariners. • Time: Times will vary from 10:00 a.m. until the last swimmer is ashore, no later than 2:00 p.m. • Location: The regulated area includes all waters in the vicinity of the Provincetown Harbor along a centerline between the start point, the Long Point Lighthouse. approximate position 42°01′59″ N, 070°10′07″ W (NAD 83), and the end point, the Boatslip Resort, Provincetown, MA., approximate position 42°02′48″ N, 070°11′24″ W (NAD 83). • Safety Zone Dimension: 250 yards on either side of the centerline described above.

9.2 Spirit of Somerset Celebration ...... • Event Type: Fireworks Display. • Date: One night in September, as announced in the Local Notice to Mariners. • Time: Approximately 8:00 p.m. to 11:59 p.m. • Location: On the shore, in the vicinity of Mallard Point, Som- erset, MA. • Position: Within 500 yards of 41°46′18″ N, 071°07′14″ W (NAD 83). • Safety Zone Dimension: Approximately 200 yard radius circle around the fireworks launch site.

10.0 OCTOBER

10.1 Yarmouth Seaside Festival Fireworks • Event Type: Fireworks Display. • Date: One night in October, as announced in the Local Notice to Mariners. • Time: Approximately 7:00 p.m. to 11:59 p.m. • Location: On the shore, in the vicinity of Seagull Beach, West Yarmouth, MA. • Position: Within 500 yards of 41°38′06″ N, 070°13′13″ W (NAD 83). • Safety Zone Dimension: Approximately 300 yard radius circle around the fireworks launch site.

[USCG–2011–1026, 76 FR 30191, May 22, 2012]

EFFECTIVE DATE NOTE: By USCG–2014–0061, Show’’ as item 5.1, and locating it beneath 79 FR 34629, June 18, 2014, the table in the category ‘‘5.0 MAY’’; redesignating item § 165.173 was amended by adding a new cat- 7.12 ‘‘Swim Buzzards Bay’’ as item 6.2, and egory entitled ‘‘5.0 MAY’’ below the category locating it below item 6.1 ‘‘Oak Bluffs Sum- ‘‘1.0 365 DAY JANUARY–DECEMBER’’ and mer Solstice’’, and reserving item 7.12; revis- above the category ‘‘6.0 JUNE’’; redesig- ing the entry for ‘‘Date’’ in newly redesignating item 6.2, ‘‘RI National Guard Air nated item 5.1, ‘‘RI Air National Guard Air

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Show’’ to read ‘‘Date: One weekend (Friday, rections provided by the Captain of the Saturday, and Sunday) in May, June, or Port or her representative to the ves- July, as announced in the local Notice to sel. Mariners.’’; and revising the entry for ‘‘Date’’ in newly redesignated item 6.2 (5) To seek permission to transit the ‘‘Swim Buzzards Bay’’ to read ‘‘Date: One safety zone more than one vessel at a Saturday or Sunday in June, July, or Au- time, the Captain of the Port, or her gust, as announced in the local Notice to representative, can be contacted via Mariners.’’, effective July 18, 2014. Sector Delaware Bay Command Center (215) 271–4940. § 165.202 [Reserved] (6) This section applies to all persons FIFTH COAST GUARD DISTRICT and vessels wishing to transit through the Safety Zone except vessels that are § 165.T05–0145 Safety Zone, Barnegat engaged in the following operations: Inlet; Barnegat Light, NJ. (i) Enforcing laws; (a) Location. The following area is a (ii) Servicing aids to navigation; and safety zone: All waters of Barnegat (iii) Emergency response vessels. Inlet, Barnegat Light, NJ in an area (7) Each person and vessel in a safety bounded on the Northwest of the inlet zone shall obey any direction or order by a line drawn from position 39°46′02″ of the Captain of the Port; N, 074°06′00″ W to 39°45′52″ N, 074°06′14″ (8) No person may board, or take or W, on the Southeast by a line drawn place any article or thing on board, from position 39°45′33″ N, 074°05′24″ W, any vessel in a safety zone without the to 39°45′26″ N, 074°05′34″ W, and bounded permission of the Captain of the Port. on the Northeast and Southwest by the (d) Definitions—(1) Captain of the Port Barnegat Inlet jetties. means the Commander, Sector Dela- (b) Enforcement period. This rule will ware Bay, or any Coast Guard commis- be enforced from March 7, 2014 to No- sioned, warrant, or petty officer who vember 31, 2014, unless cancelled earlier has been authorized by the Captain of by the Captain of the Port, Delaware the Port to act on her behalf. Bay once all north jetty repair oper- (e) Enforcement. The U.S. Coast Guard ations are completed. Vessel traffic may be assisted in the patrol and en- will be notified of safety zone enforce- forcement of the safety zone by Fed- ment by a broadcast on VHF channel eral, State, and local agencies. 16. (c) Regulations. All persons are re- EFFECTIVE DATE NOTE: By USCG–2014–0145, quired to comply with the general reg- 79 FR 15694, Mar. 21, 2014, temporary ulations governing safety zones in 33 § 165.T05–0145 was added, effective from Mar. CFR 165.33 of this part. 21, 2014 until Nov. 30, 2014. (1) Recreational marine activities including but not limited to swimming, § 165.T05–0330 Safety Zone, Shallowbag Bay; Manteo, NC. diving, and fishing are not permitted within the zone. (a) Definitions. For the purposes of (2) All persons and vessels must tran- this section, Captain of the Port means sit through the safety zone one vessel the Commander, Sector North Caro- at a time and may not engage in activ- lina. Representative means any Coast ity other than transit directly through Guard commissioned, warrant, or petty the inlet unless otherwise authorized officer who has been authorized to act by the Captain of the Port or her rep- on the behalf of the Captain of the resentative. Port. (3) All persons or vessels wishing to (b) Location. The following area is a transit through the safety zone more safety zone: This safety zone will en- than one vessel at a time must request compass all waters on Shallowbag Bay authorization to do so from the Cap- within a 200 yard radius of a barge an- tain of the Port or her representative chor in position 35°54′31″ N, longitude 36 hours prior to the intended time of 075°39′42″ W. All geographic coordinates transit. are North American Datum 1983 (NAD (4) Vessels granted permission to 83). transit more than one vessel at a time (c) Regulations. (1) The general regu- must do so in accordance with the di- lations contained in § 165.23 of this part

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apply to the area described in para- (4) This section applies to all vessels graph (b) of this section. wishing to transit through the Safety (2) Persons or vessels requiring entry Zone except vessels that are engaged in into or passage through any portion of the following operations: the safety zone must first request au- (i) Enforcing laws; thorization from the Captain of the (ii) Servicing aids to navigation, and Port, or a designated representative, (iii) Emergency response vessels. unless the Captain of the Port pre- (5) No person or vessel may enter or viously announced via Marine Safety remain in a safety zone without the Radio Broadcast on VHF Marine Band permission of the Captain of the Port; Radio channel 22 (157.1 MHz) that this (6) Each person and vessel in a safety regulation will not be enforced in that zone shall obey any direction or order portion of the safety zone. The Captain of the Captain of the Port; of the Port can be contacted at tele- (7) No person may board, or take or phone number (910) 343–3882 or by radio place any article or thing on board, on VHF Marine Band Radio, channels any vessel in a safety zone without the 13 and 16. permission of the Captain of the Port; (d) Enforcement. The U.S. Coast and Guard may be assisted in the patrol (8) No person may take or place any and enforcement of the zone by Fed- article or thing upon any waterfront eral, State, and local agencies. facility in a safety zone without the (e) Enforcement period. This section permission of the Captain of the Port. will be enforced from 8 p.m. to 10 p.m. (d) Definitions. The Captain of the Port on October 4, 2013 unless cancelled ear- means the Commander of Sector Dela- lier by the Captain of the Port. ware Bay or any Coast Guard commis- [USCG–2013–0330, 78 FR 40396, July 5, 2013] sioned, warrant, or petty officer who has been authorized by the Captain of § 165.T05–0494 Safety Zone, Atlantic the Port to act on her behalf. Ocean; Ocean City, NJ. (e) Enforcement. The U.S. Coast Guard (a) Location. The following area is a may be assisted in the patrol and en- safety zone: A portion of the North At- forcement of the Safety Zone by Fed- lantic Ocean within a 500 yard radius of eral, State, and local agencies. a fireworks barge located at position EFFECTIVE DATE NOTE: By USCG–2014–0494, 39–16.22 N, 074–33.54 W. 79 FR 37209, July 1, 2014, temporary § 165.T05– (b) Enforcement period. This rule will 0494 was added, effective from July 1, 2014 be enforced from 9:10 p.m. to 10:20 p.m. until July 17, 2014. on July 16, 2014, with a rain date scheduled for July 17, 2014, unless cancelled § 165.T05–0495 Safety Zone, Sugar earlier by the Captain of the Port once House Casino Fireworks Display, all operations are completed. Delaware River; Philadelphia, PA. (c) Regulations. All persons are re- (a) Regulated area. The following area quired to comply with the general regis a safety zone: The safety zone will ulations governing safety zones in 33 encompass all waters of the Delaware CFR 165.33. River within a 350 yard radius of the (1) All persons or vessels wishing to fireworks launch platform in approxi- transit through the Safety Zone must mate position 39°57′46.51″ N, 075°07′45.45″ request authorization to do so from the W in Philadelphia, PA. Captain of the Port or her designated (b) Regulations. The general safety representative one hour prior to the in- zone regulations found in 33 CFR 165.23 tended time of transit. apply to the safety zone created by this (2) Vessels granted permission to temporary section § 165.T05–0495. transit must do so in accordance with (1) All persons and vessels are prohib- the directions provided by the Captain ited from entering this zone, except as of the Port or her designated represent- authorized by the Coast Guard Captain ative to the vessel. of the Port or her designated represent- (3) To seek permission to transit the ative. Safety Zone, the Captain of the Port’s (2) All persons or vessels wishing to representative can be contacted via transit through the Safety Zone must marine radio VHF Channel 16. request authorization to do so from the

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Captain of the Port or her designated (e) Enforcement period. This section representative one hour prior to the in- will be enforced from 8:30 p.m. until tended time of transit. 10:00 p.m. on July 5, 2013. (3) Vessels granted permission to [USCG–2013–0495, 78 FR 39603, July 2, 2013] transit through the Safety Zone must do so in accordance with the directions § 165.T05–0511 Safety Zone, Delaware provided by the Captain of the Port or River; Philadelphia, PA. her designated representative to the (a) Location. The following area is a vessel. safety zone: All waters of the Delaware (4) To seek permission to transit this River in Chester, PA, inside a boundary safety zone, the Captain of the Port or encompassing all waters just south of her designated representative can be the Commodore Barry Bridge within a contacted via Sector Delaware Bay 350 yard radius of the fireworks barge Command Center (215) 271–4940. located at latitude 39°49′47.04″ N lon- (5) This section applies to all vessels gitude 075°22′40.72″ W in Chester, PA. wishing to transit through the safety (b) Enforcement period. This rule will zone except vessels that are engaged in be enforced from 9 p.m. to 10:15 p.m. on the following operations: (i) Enforcing July 12, 2014, unless cancelled earlier laws; (ii) servicing aids to navigation, by the Captain of the Port once all op- and (iii) emergency response vessels. erations are completed. (6) No person or vessel may enter or (c) Regulations. All persons are re- remain in a safety zone without the quired to comply with the general reg- permission of the Captain of the Port; ulations governing safety zones in 33 (7) Each person and vessel in a safety CFR 165.33. zone shall obey any direction or order (1) All persons or vessels wishing to of the Captain of the Port; transit through the Safety Zone must (8) The Captain of the Port may take request authorization to do so from the possession and control of any vessel in Captain of the Port or her designated the safety zone; representative one hour prior to the in- (9) The Captain of the Port may re- tended time of transit. move any person, vessel, article, or (2) Vessels granted permission to thing from a safety zone; transit must do so in accordance with (10) No person may board, or take or the directions provided by the Captain place any article or thing on board, of the Port or her designated represent- any vessel in a safety zone without the ative to the vessel. permission of the Captain of the Port; (3) To seek permission to transit the and Safety Zone, the Captain of the Port’s (11) No person may take or place any representative can be contacted via article or thing upon any waterfront marine radio VHF Channel 16. facility in a safety zone without the (4) This section applies to all vessels permission of the Captain of the Port. wishing to transit through the Safety (c) Definitions. (1) Captain of the Port Zone except vessels that are engaged in means the Commander, Coast Guard the following operations: Sector Delaware Bay, or any Coast (i) Enforcing laws; Guard commissioned, warrant or petty (ii) Servicing aids to navigation, and officer who has been authorized by the (iii) Emergency response vessels. Captain of the Port to act on her be- (5) No person or vessel may enter or half. remain in a safety zone without the (2) Designated representative means permission of the Captain of the Port; any Coast Guard commissioned, war- (6) Each person and vessel in a safety rant or petty officer who has been au- zone shall obey any direction or order thorized by the Captain of the Port of the Captain of the Port; Delaware Bay to assist in enforcing the (7) No person may board, or take or safety zone described in paragraph (a) place any article or thing on board, of this section. any vessel in a safety zone without the (d) Enforcement. The U.S. Coast permission of the Captain of the Port; Guard may be assisted by Federal, and State, and local agencies in the patrol (8) No person may take or place any and enforcement of the zone. article or thing upon any waterfront

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facility in a safety zone without the ing this section can be contacted on permission of the Captain of the Port. Marine Band Radio, VHF–FM channel (d) Definitions. The Captain of the 16 (156.8 MHz). Upon being hailed by a Port means the Commander of Sector U.S. Coast Guard vessel, or other Fed- Delaware Bay or any Coast Guard com- eral, State, or local agency vessel, by missioned, warrant, or petty officer siren, radio, flashing light, or other who has been authorized by the Cap- means, the operator of a vessel shall tain of the Port to act on her behalf. proceed as directed. If permission is (e) Enforcement. The U.S. Coast Guard granted, all persons and vessels must may be assisted in the patrol and en- comply with the instructions of the forcement of the Safety Zone by Fed- Captain of the Port Baltimore or his eral, State, and local agencies. designated representative and proceed at the minimum speed necessary to EFFECTIVE DATE NOTE: By USCG–2014–0511, maintain a safe course while within the 79 FR 37206, July 1, 2014, temporary § 165.T05– 0511 was added, effective from July 1, 2014 zone. until July 12, 2014. (4) Enforcement. The U.S. Coast Guard may be assisted in the patrol and en- § 165.T05–0767 Security Zone, Balti- forcement of the zone by Federal, more Harbor, Baltimore’s Inner State, and local agencies. Harbor; Baltimore, MD. (c) Definitions. As used in this sec- (a) Location. The following area is a tion: security zone: all waters of Baltimore Captain of the Port Baltimore means Harbor, Baltimore’s Inner Harbor, from the Commander, U.S. Coast Guard Sec- shoreline to shoreline, bounded on the tor Baltimore, Maryland or any Coast east by a line drawn from position lati- Guard commissioned, warrant or petty tude 39°17′03.41″ N, longitude officer who has been authorized by the 076°36′28.35″ W southerly to position Captain of the Port to act on his be- latitude 39°16′58.24″ N, longitude half. 076°36′27.59″ W, located along the water- Designated representative means any front at Baltimore, MD. All coordi- Coast Guard commissioned, warrant, or nates refer to datum NAD 1983. petty officer who has been authorized (b) Regulations. The general security by the Captain of the Port Baltimore zone regulations found in 33 CFR 165.33 to assist in enforcing the security zone apply to the security zone created by described in paragraph (a) of this sec- this temporary § 165.T05.0767. tion. (1) All persons are required to comply (d) Effective period. This rule is effec- with the general regulations governing tive from 5 p.m. until 11:59 p.m. on Sep- security zones found in 33 CFR 165.33. tember 5, 2013. (2) Entry into or remaining in this (e) Enforcement period. This section zone is prohibited unless authorized by will be enforced from 5 p.m. until 11:59 the Coast Guard Captain of the Port p.m. on September 5, 2013. Baltimore. Vessels already at berth, [USCG–2013–0787, 78 FR 54394, Sept. 4, 2013] mooring, or anchor at the time the security zone is implemented do not have § 165.500 Safety/Security Zones; Chesa- to depart the security zone. All vessels peake Bay, Maryland. underway within this security zone at (a) Definitions. (1) Certain Dangerous the time it is implemented are to de- Cargo (CDC) means a material defined part the zone. in 33 CFR part 160. (3) Persons desiring to transit the (2) Liquefied Hazardous Gas (LHG) area of the security zone must first ob- means a material defined in 33 CFR tain authorization from the Captain of part 127. the Port Baltimore or his designated (3) Liquefied Natural Gas (LNG) representative. To seek permission to means a material defined in 33 CFR transit the area, the Captain of the part 127. Port Baltimore and his designated rep- (4) Cruise ship means a vessel defined resentatives can be contacted at tele- as a ‘‘passenger vessel’’ in 46 U.S.C. 2101 phone number 410–576–2693 or on Marine (22). Band Radio, VHF–FM channel 16 (156.8 (b) Location. The following areas are MHz). The Coast Guard vessels enforc- a safety/security zone: All waters of

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the Chesapeake Bay and its tributaries, Shoal Inlet and Little Inlet, to the from surface to bottom, within a 500 Colregs Demarcation Line across the yard radius around cruise ships and mouth of Chesapeake Bay, continuing vessels transporting CDC, LNG, or LHG south along the Virginia low water 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 (vi) A line drawn across the mouth of Area. 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 (viii) A line drawn across the South- the North Carolina and Virginia border ern Branch of the Elizabeth River at latitude 36°33′03″ N, longitude along the northern side of the I–64 75°52′00″ W, to the Territorial Seas highway bridge, Chesapeake, Virginia. boundary line at latitude 36°33′05″ N, (ix) A line drawn across the Eastern longitude 75°36′51″ W, thence generally Branch of the Elizabeth River along Northeastward along the Territorial the western side of the west span of the Seas boundary line to latitude 38°01′39″ Campostella Bridge, Norfolk, Virginia. N, longitude 74°57′18″ W, thence due (x) A line drawn across the Lafayette West to the mean low water mark at River along the western side of the the Maryland and Virginia border at Hampton Boulevard Bridge, Norfolk, latitude 38°01′39″ N, longitude 75°14′30″ Virginia. W, thence South along the mean low (xi) A line drawn across Little Creek water mark on the Virginia coast, and along the eastern side of the Ocean eastward of the Colregs Demarcation View Avenue (U.S. Route 60) Bridge, Lines across Chincoteague Inlet, Norfolk, Virginia. Assawoman Inlet, Gargathy Inlet, (xii) A line drawn across Lynnhaven Metompkin Inlet, Wachapreague Inlet, Inlet along the northern side of Shore Quinby Inlet, Great Machipongo Inlet, Drive (U.S. Route 60) Bridge, Virginia Sand Shoal Inlet, New Inlet, Ship Beach, Virginia.

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

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gross tons, that has a total gross ton- service may carry electronic charting nage that is over 100 gross tons, shall and navigation systems that have met be equipped with a secondary towing the applicable agency regulations re- rig between each vessel in the tow, in garding navigation safety. addition to its primary towing rigs, (ii) An operative radar during periods while the tow is operating within this of reduced visibility; Regulated Navigation Area. The sec- (iii) When in inland waters, a pilot or ondary towing rig must: other person on board with previous ex- (A) Be of sufficient strength for tow- perience navigating vessels on the ing the vessels. waters of the Regulated Navigation (B) Have connecting devices that can Area. receive a shackle pin of at least two (7) Emergency procedures. (i) Except as inches in diameter. provided in paragraph (d)(7)(ii) of this (C) Be fitted with recovery pickup section, in an emergency any vessel lines led outboard of the vessel’s hull. may deviate from the regulations in (4) Thimble Shoals Channel controls. (i) this section to the extent necessary to A vessel drawing less than 25 feet may avoid endangering the safety of per- not enter the Thimble Shoal Channel, sons, 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

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

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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; Fireworks Dis- bered by a state issuing authority; plays in the Fifth Coast Guard Dis- (3) A brief description of the vessel, trict. including length, color, and type of (a) Regulations. (1) The general regu- vessel; lations contained in 33 CFR 165.23 (4) The name, Social Security num- apply. ber, current address, and telephone (2) The following regulations apply to number of the vessel’s master, oper- the fireworks safety zones listed in the ator, or person in charge; and Table to § 165.506. These regulations (5) Upon request, information the will be enforced annually, for the dura- vessel’s crew. tion of each fireworks event listed in (B) The vessel is operated in compli- the Table to § 165.506. In the case of in- ance with any specific orders issued to clement weather, the event may be the vessel by the Captain of the Port or conducted on the day following the other regulations controlling the oper- date listed in the Table to § 165.506. An- ation of vessels within the security nual notice of the exact dates and zone that may be in effect. times of the enforcement period of the (d) Enforcement. The U.S. Coast regulation with respect to each safety Guard may be assisted in the enforce- zone, the geographical area, and other ment of this zone by the U.S. Navy. details concerning the nature of the [CGD5 86–03, 51 FR 18322, May 19, 1986, as fireworks event will be published in amended by CGD5 87–038, 52 FR 41996, Nov. 2, Local Notices to Mariners and via 1987] Broadcast Notice to Mariners over VHF–FM marine band radio. § 165.505 Security Zone; Calvert Cliffs (3) All persons and vessels shall com- Nuclear Power Plant, Chesapeake ply with the instructions of the Coast Bay, Calvert County, Maryland. Guard Captain of the Port or the des- (a) Location. The following area is a ignated on-scene-patrol personnel. security zone: All waters of the Chesa- Those personnel are comprised of com- peake Bay, from surface to bottom, en- missioned, warrant, and petty officers compassed by lines connecting the fol- of the U.S. Coast Guard. Other Federal, lowing points, beginning at 38°26′06″ N, State and local agencies may assist

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these personnel in the enforcement of (c) Contact information. Questions the safety zone. Upon being hailed by a about safety zones and related events U.S. Coast Guard vessel by siren, radio, should be addressed to the local Coast flashing light or other means, the oper- Guard Captain of the Port for the area ator of a vessel shall proceed as di- in which the event is occurring. Con- rected. tact information is listed below. For a (b) Notification. (1) Fireworks barges description of the geographical area of and launch sites on land that operate each Coast Guard Sector—Captain of within the regulated areas contained in the Port zone, please see 33 CFR 3.25. the Table to § 165.506 will have a sign (1) Coast Guard Sector Delaware affixed to the port and starboard side Bay—Captain of the Port Zone, Phila- of the barge or mounted on a post 3 delphia, Pennsylvania: (215) 271–4944. feet above ground level when on land (2) Coast Guard Sector Baltimore— immediately adjacent to the shoreline Captain of the Port Zone, Baltimore, and facing the water labeled ‘‘FIRE- Maryland: (410) 576–2525. WORKS—DANGER—STAY AWAY’’. (3) Coast Guard Sector Hampton This will provide on scene notice that Roads—Captain of the Port Zone, Nor- the safety zone will be enforced on that folk, Virginia: (757) 483–8567. day. This notice will consist of a diamond shaped sign 4 feet by 4 feet with (4) Coast Guard Sector North Caro- a 3-inch orange retro reflective border. lina—Captain of the Port Zone, Wil- The word ‘‘DANGER’’ shall be 10 inch mington, North Carolina: (877) 229–0770 black block letters centered on the or (910) 772–2200. sign with the words ‘‘FIREWORKS’’ (d) Enforcement period. The safety and ‘‘STAY AWAY’’ in 6 inch black zones in the Table to § 165.506 will be block letters placed above and below enforced from 5:30 p.m. to 1 a.m. each the word ‘‘DANGER’’ respectively on a day a barge with a ‘‘FIREWORKS— white background. DANGER—STAY AWAY’’ sign on the (2) Coast Guard Captains of the Port port and starboard side is on-scene or a in the Fifth Coast Guard District will ‘‘FIREWORKS—DANGER—STAY notify the public of the enforcement of AWAY’’ sign is posted on land adjacent these safety zones by all appropriate to the shoreline, in a location listed in means to effect the widest publicity the Table to § 165.506. Vessels may not among the affected segments of the enter, remain in, or transit through public. Publication in the Local Notice the safety zones during these enforce- to Mariners, marine information broad- ment periods unless authorized by the casts, and facsimile broadcasts may be Captain of the Port or designated Coast made for these events, beginning 24 to Guard patrol personnel on scene. 48 hours before the event is scheduled All coordinates listed in the Table to to begin, to notify the public. § 165.506 reference Datum NAD 1983.

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

No. 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 barge in approximate po- Zone. sition latitude 38°32′08″ N, longitude 075°03′15″ W, adjacent to shoreline of Bethany Beach, DE. 2 ...... Labor Day ...... Indian River Bay, DE, Safe- All waters of the Indian River Bay within a 700 yard ra- ty Zone. dius of the fireworks launch location on the pier in approximate position latitude 38°36′42″ N, longitude 075°08′18″ W. 3 ...... July 4th ...... North Atlantic Ocean, Re- All waters of the North Atlantic Ocean within a 360 yard hoboth Beach, DE, Safe- radius of the fireworks barge in approximate position ty Zone. latitude 38°43′01.2″ N, longitude 075°04′21″ W, approximately 400 yards east of Rehoboth Beach, DE.

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

No. Date Location Regulated area

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°06′19.5″ N, longitude 074°42′02.15″ W, in the vicinity of the shoreline at Avalon, NJ. 5 ...... July 4th, or September Barnegat Bay, Barnegat The waters of Barnegat Bay within a 500 yard radius of 1st—2nd Saturday. Township, NJ, Safety the fireworks barge in approximate position latitude Zone. 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 360 yard radius May, NJ, Safety Zone. 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—1st Friday ...... North Atlantic Ocean, Atlan- The waters of the North Atlantic Ocean within a 500 tic City, NJ, Safety Zone. yard radius of the fireworks barge located at latitude 39°20′58″ N, longitude 074°25′58″ W, near the shoreline at Atlantic City, NJ. 11 ...... July 4th; October—1st or North Atlantic Ocean, The waters of the North Atlantic Ocean within a 500 2nd Saturday. 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. 12 ...... 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. 13 ...... 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. 14 ...... 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 yard radius of the fireworks barge located in approximate position latitude 39°49′43.2″ N, longitude 075°22′42″ W. 15 ...... September—3rd Saturday .. Delaware River, Essington, All waters of the Delaware River near Essington, PA, PA, Safety Zone. west of Little Tinicum Island within a 250 yard radius of the fireworks barge located in the approximate position latitude 39°51′18″ N, longitude 075°18′57″ W. 16 ...... July 3rd, 4th or 5th; Colum- Delaware River, Philadel- All waters of Delaware River, adjacent to Penns Land- bus Day; December 31st, phia, PA, Safety Zone. ing, Philadelphia, PA, bounded from shoreline to January 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 po- Washington, DC, Safety sition latitude 38°52′20″ N, longitude 077°01′17″ W, Zone. 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.]

No. Date Location Regulated area

2 ...... July 4th; December—1st Severn River and Spa All waters of the Severn River and Spa Creek within an and 2nd Saturday; De- Creek, Annapolis, MD, area bounded by a line drawn from latitude cember 31st. Safety Zone. 38°58′43.75″ N, longitude 076°28′01.42″ W; thence to latitude 38°58′21.14″ N, longitude 076°28′22.12″ W; thence to latitude 38°58′39.47″ N, longitude 076°28′48.72″ W; thence to latitude 38°58′53″ N, longitude 076°28′33.74″ W, thence to latitude 38°58′57.22″ N, longitude 076°28′39.83″ W, thence to latitude 38°59′02.15″ N, longitude 076°28′34.61″ W, thence to point of origin; located near the entrance to Spa Creek and Severn River, Annapolis, MD. 3 ...... July—4th, or Saturday be- Middle River, Baltimore All waters of the Middle River within a 300 yard radius fore or after Independ- County, MD, Safety Zone. of the fireworks barge in approximate position latitude ence Day holiday. 39°17′45″ N, longitude 076°23′49″ W, approximately 300 yards east of Rockaway Beach, near Turkey Point. 4 ...... June—last Saturday; July— Potomac River, Charles All waters of the Potomac River within a 200 yard ra- 3rd, 4th or last Saturday County, MD—Newburg, dius of the fireworks barge in approximate position or Sunday. Safety Zone. latitude 38°23′41″ N, longitude 076°59′30″ W, located near Newburg, Maryland. 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′33″ W, located adjacent to the East Channel of Northwest Harbor. 6 ...... May—2nd or 3rd Thursday Baltimore Inner Harbor, Pa- All waters of the Patapsco River within a 100 yard ra- or Friday; July 4th; De- tapsco River, MD, Safety dius of the fireworks barge in approximate position cember 31st. Zone. latitude 39°17′01″ N, longitude 076°36′31″ W, located at the entrance to Baltimore Inner Harbor, approximately 125 yards southwest of pier 3. 7 ...... May—2nd or 3rd Thursday Baltimore Inner Harbor, Pa- The waters of the Patapsco River within a 100 yard ra- or Friday; July 4th; De- tapsco River, MD, Safety dius of approximate position latitude 39°17′04″ N, cember 31st. Zone. longitude 076°36′36″ W, located in Baltimore Inner Harbor, approximately 125 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 River, dius of the fireworks barge in approximate position 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, or Saturday be- Patuxent River, Calvert All waters of the Patuxent River within a 200 yard ra- fore or after Independ- County, MD, Safety Zone. dius of the fireworks barge located at latitude ence Day holiday. 38°19′17″ N, longitude 076°27′45″ W, approximately 800 feet from shore at Solomons Island, MD. 10 ...... July 3rd ...... Chesapeake Bay, Chesa- All waters of the Chesapeake Bay within a 150 yard ra- peake Beach, MD, Safety dius of the fireworks barge in approximate position Zone. latitude 38°41′36″ N, longitude 076°31′30″ W, and within a 150 yard radius of the fireworks barge in approximate position latitude 38°41′28″ N, longitude 076°31′29″ W, located near Chesapeake Beach, Maryland. 11 ...... 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. 12 ...... July—2nd or 3rd Saturday Potomac River, Fairview All waters of the Potomac River within a 300 yard ra- and last Saturday. Beach, Charles County, dius of the fireworks barge in approximate position MD, Safety Zone. latitude 38°19′57″ N, longitude 077°14′40″ W, located north of the shoreline at Fairview Beach, Virginia. 13 ...... May—last Saturday; July Potomac River, Charles All waters of the Potomac River within an area bound 4th. County, MD—Mount by a line drawn from the following points: Latitude Vernon, Safety Zone. 38°42′30″ N, longitude 077°04′47″ W; thence to latitude 38°42′18″ N, longitude 077°04′42″ W; thence to latitude 38°42′11″ N, longitude 077°05′10″ W; thence to latitude 38°42′22″ N, longitude 077°05′12″ W; thence to point of origin located along the Potomac River shoreline at George Washington’s Mount Vernon Estate, Fairfax County, VA.

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

No. Date Location Regulated area

14 ...... 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′27″ N, longitude 076°44′48″ W, located adjacent to Dukeharts Channel near Coltons Point, Maryland. 15 ...... July—day before Independ- Potomac River, National All waters of the Potomac River within an area bound ence Day holiday and Harbor, MD, Safety Zone. by a line drawn from the following points: Latitude July 4th; November—3rd 38°47′13″ N, longitude 077°00′58″ W; thence to lati- Thursday, 3rd Saturday tude 38°46′51″ N, longitude 077°01′15″ W; thence to and last Friday. Decem- latitude 38°47′25″ N, longitude 077°01′33″ W; thence ber—1st, 2nd and 3rd to latitude 38°47′32″ N, longitude 077°01′08″ W; Friday. thence to the point of origin, located at National Har- bor, Maryland. 16 ...... Sunday before July 4th, Susquehanna River, Havre All waters of the Susquehanna River within a 300 yard July 4th. de Grace, MD, Safety radius of approximate position latitude 39°32′06″ N, Zone. longitude 076°05′22″ W, located on the island at Mil- lard Tydings Memorial Park. 17 ...... June and July—Saturday Miles River, St. Michaels, All waters of the Miles River within a 200 yard radius of before Independence MD, Safety Zone. approximate position latitude 38°47′42″ N, longitude Day holiday. 076°12′51″ W, located at the entrance to Long Haul Creek. 18 ...... July 3rd ...... Tred Avon River, Oxford, All waters of the Tred Avon River within a 150 yard ra- MD, Safety Zone. dius of the fireworks barge in approximate position latitude 38°41′24″ N, longitude 076°10′37″ W, approximately 500 yards northwest of the waterfront at Oxford, MD. 19 ...... 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. 20 ...... June—2nd or 3rd Saturday; Upper Potomac River, All waters of the Upper Potomac River within a 300 July—1st, 2nd or 3rd Sat- Washington, DC, Safety yard radius of the fireworks barge in approximate po- urday; September—1st or Zone. sition 38°48′40″ N, 077°02′07″ W, located near the 2nd Saturday; December waterfront of Alexandria, Virginia. 31st. 21 ...... March through October, at Anacostia River, Wash- All waters of the Anacostia River within a 150 yard ra- the conclusion of evening ington, DC, Safety Zone. dius of the fireworks barge in approximate position MLB games at Wash- latitude 38°52′13″ N, longitude 077°00′16″ W, located ington Nationals Ball near the Washington Nationals Ball Park. Park. 22 ...... June—last Saturday or Potomac River, Prince Wil- All waters of the Potomac River within a 200 yard ra- July—1st Saturday; liam County, VA, Safety dius of the fireworks barge in approximate position July—3rd, 4th or last Sat- Zone. latitude 38°34′10″ N, longitude 077°15′36″ W, located urday or Sunday. near Cherry Hill, Virginia. 23 ...... July 4th ...... North Atlantic Ocean, All waters of the North Atlantic Ocean in an area bound Ocean City, MD, Safety by the following points: Latitude 38°19′39.9″ N, lon- Zone. gitude 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 safety zone extends approximately 300 yards offshore from the fireworks launch area located at the high water mark on the beach. 24 ...... May—Sunday before Me- Isle of Wight Bay, Ocean All waters of Isle of Wight Bay within a 200 yard radius morial Day (observed). City, MD, Safety Zone. of the fireworks barge in approximate position latitude June 29th; July 4th and 38°22′31″ N, longitude 075°04′34″ W. July every Sunday. Au- gust—1st Sunday and Sunday before Labor Day (observed). 25 ...... 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′55″ N, longitude 075°03′53″ W.

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

No. Date Location Regulated area

26 ...... July 4th; December 31st .... Baltimore Harbor, Baltimore All waters of Baltimore Harbor, Patapsco River, within a Inner Harbor, MD, Safety 280 yard radius of a fireworks barge in approximate Zone. position latitude 39°16′36.7″ N, longitude 076°35′53.8″ W, located northwest of the Domino Sugar refinery wharf at Baltimore, Maryland.

1 ...... July 4th ...... Linkhorn Bay, Virginia All waters of the Linkhorn Bay within a 400 yard radius Beach, VA, Safety Zone. of the fireworks display in approximate position latitude 36°52′20″ N, longitude 076°00′38″ W, located near the Cavalier Golf and Yacht Club, Virginia Beach, Virginia. 2 ...... September—last Friday or York River, West Point, VA, All waters of the York River near West Point, VA within October—1st Friday. Safety Zone. a 400 yard radius of the fireworks display located in approximate position latitude 37°31′25″ N, longitude 076°47′19″ W. 3 ...... 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. 4 ...... July 4th, July 5th, July 6th, James River, Newport All waters of the James River within a 325 yard radius or July 7th. 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, Newport News, Virginia. 5 ...... June—4th Friday; July—1st Chesapeake Bay, Norfolk, All waters of the Chesapeake Bay within a 400 yard ra- Friday; July 4th. VA, Safety Zone. dius of the fireworks display located in position latitude 36°57′21″ N, longitude 076°15′00″ W, located near Ocean View Fishing Pier. 6 ...... July 4th or 5th ...... 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. 7 ...... July 4th; December 31st, Elizabeth River, Southern All waters of the Elizabeth River Southern Branch in an January—1st. Branch, Norfolk, VA, area bound by the following points: Latitude Safety Zone. 36°50′54.8″ N, longitude 076°18′10.7″ W; thence to latitude 36°51′7.9″ N, longitude 076°18′01″ W; thence to latitude 36°50′45.6″ N, longitude 076°17′44.2″ W; thence to latitude 36°50′29.6″ N, 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. 8 ...... 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 center span of the State Route 15 Highway Bridge. 9 ...... June, July, August, Sep- North Atlantic Ocean, Vir- All waters of the North Atlantic Ocean within a 1000 tember, and October— ginia Beach, VA, Safety yard radius of the center located near the shoreline every Wednesday, Fri- Zone. A. at approximate position latitude 36°51′12″ N, lon- day, Saturday and Sun- gitude 075°58′06″ W, located off the beach between day. July 4th. 17th and 31st streets. 10 ...... September—last Saturday North Atlantic Ocean, VA All waters of the North Atlantic Ocean within a 350 yard or October—1st Saturday. Beach, VA, Safety Zone. radius of approximate position latitude 36°50′35″ N, B. longitude 075°58′09″ W, located on the 14th Street Fishing Pier. 11 ...... Friday, Saturday and Sun- North Atlantic Ocean, VA All waters of the North Atlantic Ocean within a 350 yard day Labor Day Weekend. Beach, VA, Safety Zone. radius of approximate position latitude 36°49′55″ N, C. longitude 075°58′00″ W, located off the beach between 2nd and 6th streets. 12 ...... 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.

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

No. Date Location Regulated area

13 ...... July 4th ...... Chickahominy River, Wil- All waters of the Chickahominy River within a 400 yard 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. 14 ...... July—3rd, 4th and 5th ...... Great Wicomico River, Mila, All waters of the Great Wicomico River located within a VA, Safety Zone. 420 foot radius of the fireworks display at approximate position latitude 37°50′31″ N, longitude 076°19′42″ W near Mila, Virginia. 15 ...... July—1st Friday, Saturday Cockrell’s Creek, Reedville, All waters of Cockrell’s Creek located within a 420 foot and Sunday. VA, Safety Zone. radius of the fireworks display at approximate position latitude 37°49′54″ N, longitude 076°16′44″ W near Reedville, Virginia. 16 ...... May—last Sunday ...... James River, Richmond, All waters of the James River located within a 420 foot VA, Safety Zone. radius of the fireworks display at approximate position latitude 37°31′13.1″ N, longitude 077°25′07.84″ W near Richmond, Virginia. 17 ...... June—last Saturday ...... Rappahannock River, All waters of the Rappahannock River located within a Tappahannock, VA, Safe- 400 foot radius of the fireworks display at approxi- ty Zone. mate position latitude 37°55′12.0″ N, longitude 076°49′12.0″ W near Tappahannock, Virginia. 18 ...... July 4th ...... Cape Charles Harbor, Cape All waters of Cape Charles Harbor located within a 375 Charles, VA, Safety Zone. foot radius of the fireworks display at approximate position latitude 37°15′46.5″ N, longitude 076°01′30.3″ W near Cape Charles, Virginia. 19 ...... July 3rd or 4th ...... Pagan River, Smithfield, All waters of the Pagan River located within a 420 foot VA, Safety Zone. radius of the fireworks display at approximate position latitude 36°59′18.0″ N, longitude 076°37′45.0″ W near Smithfield, Virginia. 20 ...... July 4th ...... Sandbridge Shores, Virginia All waters of Sandbridge Shores located within a 300 Beach, VA, Safety Zone. foot radius of the fireworks display at approximate position latitude 36°43′24.9″ N, longitude 075°56′24.9″ W near Virginia Beach, Virginia. 21 ...... July 4th, 5th or 6th ...... Chesapeake Bay, Virginia All waters of Chesapeake Bay located within a 600 foot Beach, VA, Safety Zone. radius of the fireworks display at approximate position latitude 36°54′58.18″ N, longitude 076°06′44.3″ W near Virginia Beach, Virginia.

(d) Coast Guard Sector North Carolina—COTP Zone

1 ...... July 4th; October—1st Sat- Morehead City Harbor All waters of the Morehead City Harbor Channel that urday. 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 bound 4th; August—3rd Mon- mington, NC, Safety by a line drawn from the following points: Latitude day; October—1st Satur- Zone. 34°13′54″ N, longitude 077°57′06″ W; thence north- day. east 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 east 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 Memo- rial Bridge. 3 ...... July 1st Saturday and July Green Creek and Smith All waters of Green Creek and Smith Creek that fall 4th. 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 barge in approximate Zone. position latitude 36°17′47″ N, longitude 076°12′17″ W, located approximately 400 yards north of Cottage Point, NC. 5 ...... July 4th, or July 5th ...... Currituck Sound, Corolla, All waters of the Currituck Sound within a 300 yard ra- NC, Safety Zone. dius of the fireworks launch site in approximate position latitude 36°22′23.8″ N, longitude 075°49′56.3″, located near Whale Head Bay.

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

No. Date Location Regulated area

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; July Pamlico River, Washington, All waters of Pamlico River and Tar River within a 300 4th. NC, Safety Zone. yard radius of latitude 35°32′25″ N, longitude 077°03′42″ W, a position located on the southwest shore of the Pamlico River, Washington, NC. 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, NC, All waters within a 300 yard radius of position latitude Safety Zone. 36°03′04″ N, longitude 076°36′18″ W, approximately 150 yards south of the entrance to Queen Anne Creek, Edenton, NC. 10 ...... July 4th; November—Satur- Motts Channel, Banks All waters of Motts Channel within a 500 yard radius of day following Thanks- Channel, Wrightsville the fireworks launch site in approximate position lati- giving Day. Beach, NC, Safety Zone. tude 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. 14 ...... July 4th ...... Pantego Creek, Belhaven, All waters on the Pantego Creek within a 600 foot ra- NC, Safety Zone. dius of the launch site on land at position 35°32′35″ N, 076°37′46″ W. 15 ...... July 4th ...... Atlantic Intracoastal Water- All waters of the Atlantic Intracoastal Waterway within a way, Swansboro, NC, 300 yard radius of approximate position latitude Safety Zone. 34°41′02″ N, longitude 077°07′04″ W, located on Pel- ican Island.

[USCG–2011–0118, 77 FR 16932, Mar. 23, 2012, as amended by USCG–2012–0970, 78 FR 29641, May 21, 2013; USCG–2013–0251, 78 FR 73441, Dec. 6, 2013; USCG–2014–0095, 79 FR 30037, May 27, 2014]

§ 165.507 Security Zone; Chesapeake (b) Location. The following area is a Bay, between Sandy Point and Kent security zone: All waters of the Chesa- Island, MD. peake Bay, from the surface to the bot- (a) Definitions. The Captain of the tom, within 250 yards north of the Port, Baltimore, Maryland means the north (westbound) span of the William Commander, Coast Guard Sector Balti- P. Lane Jr. Memorial Bridge, and 250 more, Maryland or any Coast Guard yards south of the south (eastbound) commissioned, warrant, or petty offi- span of the William P. Lane Jr. Memo- cer who has been authorized by the rial Bridge, from the western shore at Captain of the Port, Baltimore, Mary- Sandy Point to the eastern shore at land to act on his or her behalf. Kent Island, Maryland.

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(c) Regulations. (1) All persons are re- teenth Street Bridge Complex) to the quired to comply with the general reg- Theodore Roosevelt Memorial Bridge ulations governing security zones and all waters in between, totally in- found in § 165.33 of this part. cluding the waters of the Georgetown (2) Entry into or remaining in this Channel Tidal Basin. zone is prohibited unless authorized by (c) Regulations. (1) All persons are re- the Coast Guard Captain of the Port, quired to comply with the general reg- Baltimore, Maryland. ulations 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- ington, DC. p.m. local time annually on July 4. (a) Definitions. (1) The Captain of the [CGD05–06–105, 72 FR 15836, Apr. 3, 2007] Port, Baltimore, Maryland means the Commander, Coast Guard Sector Balti- § 165.509 Security Zone; Severn River more, Maryland or any Coast Guard and College Creek, Annapolis, MD. commissioned, warrant, or petty offi- (a) Definitions. For purposes of this cer who has been authorized by the section, the Captain of the Port, Balti- Captain of the Port, Baltimore, Mary- more, Maryland means the Commander, land to act on his or her behalf. Coast Guard Sector Baltimore, Mary- (b) Location. The following area is a land or any Coast Guard commissioned, security zone: All waters of the George- warrant, or petty officer who has been town Channel of the Potomac River, authorized by the Captain of the Port, from the surface to the bottom, 75 Baltimore, Maryland to act on his or yards from the eastern shore measured her behalf. perpendicularly to the shore, between (b) Location. The following area is a the Long Railroad Bridge (the most security zone: All waters of the Severn eastern bridge of the 5-span, Four- River, from shoreline to shoreline,

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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 zone is prohibited unless authorized by to act on his or her behalf. the Coast Guard Captain of the Port, Dangerous Cargo means those cargoes Baltimore, Maryland. listed in § 160.203 of this chapter when (3) Persons or vessels requiring entry carried in bulk, but does not include into or passage through the security cargoes listed in table 1 of 46 CFR part zone must first request authorization 153. from the Captain of the Port, Balti- Underway means that a vessel is not more to seek permission to transit the at anchor, made fast to the shore, or area. The Captain of the Port, Balti- aground. more, Maryland can be contacted at (c) Applicability. This section applies telephone number (410) 576–2693. The to any vessel operating within the Reg- Coast Guard vessels enforcing this sec- ulated Navigation Area, including a tion can be contacted on Marine Band naval or public vessel, except a vessel Radio VHF channel 16 (156.8 MHz). engaged in: Upon being hailed by a U.S. Coast (1) Law enforcement; Guard vessel by siren, radio, flashing (2) Servicing aids to navigation; or light, or other means, the operator of a (3) Surveying, maintaining, or im- vessel shall proceed as directed. If per- proving waters within the Regulated mission is granted, all persons and ves- Navigation Area. sels must comply with the instructions (d) Draft limitation. Unless otherwise of the Captain of the Port, Baltimore, authorized by the COTP, no vessel with Maryland and proceed at the minimum a draft greater than 55 feet may enter speed necessary to maintain a safe this regulated navigation area. course while within the zone. (d) Enforcement. The U.S. Coast NOTE: The project depth in many areas of Guard may be assisted in the patrol the Regulated Navigation Area is less than and enforcement of the zone by Fed- 55 feet. eral, State, and local agencies. (e) Oil transfer operations. Unless oth- (e) Enforcement period. This section erwise authorized by the COTP, no ves- will be enforced annually on the Friday sel to vessel oil transfer operations, ex- before the Memorial Day holiday in cluding bunkering, may be conducted May from 7:30 a.m. to 2 p.m. local time. within the area between the southern [CGD05–06–112, 72 FR 24188, May 2, 2007] boundary of this regulated navigation area and the southern span of the Dela- § 165.510 Delaware Bay and River, ware Memorial Bridge except within Salem River, Christina River and the anchorage ground designated in Schuylkill River-Regulated Naviga- 110.157(a)(1) of this chapter. tion Area. (f) Requirements for vessels carrying (a) Regulated Navigation Area. The fol- dangerous cargoes. The master, owner, lowing is a Regulated Navigation Area: or operator of a vessel carrying a dan- The navigable waters of Delaware Bay gerous cargo shall:

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(1) Notify the COTP at least 72 hours (g) Requirements for vessels operating before the vessel enters or departs the in the vicinity of a vessel carrying dan- regulated navigation area and at least gerous cargoes. (1) Except for a vessel 12 hours before the vessel moves within that is attending a vessel carrying dan- the regulated navigation area. The no- gerous cargo with permission from the tice must include a report of the ves- master of the vessel carrying dan- sel’s propulsion and machinery status gerous cargo or a vessel that is an- and, for foreign flag vessels, the notice chored or moored at a marina, wharf, must include any outstanding defi- or pier, and which remains moored or ciencies identified by the vessel’s flag at anchor, no vessel may, without the state or classification society; permission of the COTP: (2) Not enter, get or remain under- (i) Come or remain within 500 yards way 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 (h) Additional restrictions above the (ii) Sustained winds are 40 knots or C&D Canal. When operating on the over, ensure that the main engines are Delaware River above the C&D Canal: on line to immediately provide propul- (1) A vessel carrying dangerous cargo sion; must be escorted by at least one com- (7) While moored within the regu- mercial tug; and lated navigation area, ensure that at (2) Meeting situations shall be avoid- least two wire cable mooring lines ed on river bends to the maximum ex- (firewarps) are rigged and ready for use tent possible. as emergency towing hookups fore and (i) The COTP will issue a Broadcast aft on the outboard side of the vessel; Notice to Mariners to inform the ma- (8) While underway or anchored with- rine community of scheduled vessel in the regulated navigation area, en- movements during which the restric- sure that at least two wire cable moor- tions imposed by paragraphs (g) and (h) ing lines (firewarps) are rigged and of this section will be in effect. ready for use as emergency towing [CGD 05–96–010, 62 FR 40275, July 28, 1997, as hookups fore and aft on the vessel; and, amended by USCG–2000–7223, 65 FR 40058, (9) Proceed as directed by the COTP. June 29, 2000]

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§ 165.511 Security Zone; Atlantic their ability to maneuver to pass with- Ocean, Chesapeake & Delaware in the 100 yards of the passenger vessel Canal, Delaware Bay, Delaware in order to ensure safe passage in ac- River and its tributaries. cordance with the Navigation Rules as (a) Location. A 500-yard radius around seen in 33 CFR chapter I, subchapters D escorted passenger vessels in the Cap- and E; and tain of the Port, Delaware Bay zone as (2) Permit vessels constrained by defined in 33 CFR 3.25–05. their navigational draft or restricted in (b) Regulations. (1) All persons are re- their ability to maneuver that must quired to comply with the general reg- transit via a navigable channel or wa- ulations governing security zones in terway to pass within 100 yards of an § 165.33 of this part. anchored passenger vessel. (2) All persons or vessels operating at (d) Definitions. As used in this sec- the minimum safe speed necessary to tion— maintain navigation may transit with- Captain of the Port means the Com- in 500 yards of an escorted passenger manding Officer of the Coast Guard vessel without the permission of the Sector Delaware Bay or any Coast Captain of the Port Delaware Bay, PA Guard commissioned, warrant, or petty or designated representative while the officer who has been authorized by the escorted passenger vessel is in the Cap- Captain of the Port to act as a des- tain of the Port Delaware Bay zone. ignated representative on his behalf. (3) No person or vessel may transit or Escort means assets (surface or air) remain within 100 yards of an escorted with the Coast Guard insignia that ac- passenger vessel without the permis- company and protect the escorted ves- sion of the Captain of the Port Dela- sel, armed with crew-served weapons ware Bay or designated representative that are manned and ready. while the passenger vessel is in the Passenger vessels means vessels great- Captain of the Port Philadelphia zone. er than 100 feet in length, over 100 gross (4) Any person or vessel authorized to tons that are authorized to carry 500 or enter the security zone must operate in more passengers, making voyages last- strict conformance with any directions ing more than 24 hours, except for fer- given by the Captain of the Port Dela- ries. ware Bay or designated representative 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- timore, MD. (5) When an escorted passenger vessel 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. of the Port can be contacted at (215) (b) Location. The following area is a 271–4807. moving safety zone: All waters, from (c) Maneuver-restricted vessels. When surface to bottom, within 200 yards conditions permit, the Captain of the ahead of or 100 yards outboard or aft of Port or designated representative the historic sloop-of-war USS CON- should: STELLATION, while operating in the (1) Permit vessels constrained by Inner Harbor, the Northwest Harbor their navigational draft or restricted in and the Patapsco River.

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(c) Regulations. (1) The general regu- thence to position latitude 39°04′41″ N, lations governing safety zones, found longitude 076°27′51″ W; thence to the in § 165.23, apply to the safety zone de- point of origin at position latitude scribed in paragraph (b) of this section. 39°04′40″ N, longitude 076°27′44″ W. All (2) With the exception of USS CON- coordinates reference Datum NAD 1983. STELLATION ‘‘turn-around’’ partici- (b) Definitions. As used in this sec- pants, entry into or remaining in this tion: zone is prohibited, unless authorized by (1) Captain of the Port Baltimore the Captain of the Port, Baltimore, means the Commander, U.S. Coast Maryland. Guard Sector Baltimore, Maryland. (3) Persons or vessels requiring entry (2) Designated representative means into or passage through the moving any Coast Guard commissioned, war- safety zone must first request author- rant, or petty officer who has been au- ization from the Captain of the Port, thorized by the Captain of the Port Baltimore, Maryland to seek permis- Baltimore to assist in enforcing the sion to transit the area. The Captain of safety zone described in paragraph (a) the Port, Baltimore, Maryland can be of this section. contacted at telephone number (410) (c) Regulations. (1) All persons are re- 576–2693. The Coast Guard vessels en- quired to comply with the general reg- forcing this section can be contacted ulations governing safety zones found on Marine Band Radio VHF Channel 16 in 33 CFR 165.23. (156.8 MHz). Upon being hailed by a U.S. Coast Guard vessel by siren, radio, (2) All vessels and persons are prohib- flashing light, or other means, the per- ited from entering and accessing this son or vessel shall proceed as directed. safety zone, except as authorized by If permission is granted, all persons or the Captain of the Port Baltimore or vessels must comply with the instruc- his or her designated representative. tions of the Captain of the Port, Balti- (3) Persons or vessels requiring entry more, Maryland, and proceed at the into or passage within the safety zone minimum speed necessary to maintain must request authorization from the a safe course while within the zone. Captain of the Port Baltimore or his or (d) Enforcement. The U.S. Coast her designated representative, by tele- Guard may be assisted in the patrol phone at (410) 576–2693 or by marine and enforcement of the zone by Fed- band radio on VHF–FM Channel 16 eral, State and local agencies. (156.8 MHz), from 8 a.m. until 10 p.m. on (e) Enforcement period. This section the fourth Saturday in July annually. will be enforced from 2 p.m. through 7 All Coast Guard vessels enforcing this p.m. on the Thursday before Memorial safety zone can be contacted on marine Day (observed), and, if necessary due to band radio VHF–FM Channel 16 (156.8 inclement weather, from 2 p.m. MHz). through 7 p.m. on the Thursday fol- (4) All vessels and persons must com- lowing Memorial Day (observed). ply with instructions of the Captain of the Port Baltimore or his or her des- [CGD05–07–010, 72 FR 34624, June 25, 2007, as ignated representative. amended by USCG–2012–1075, 78 FR 14189, Mar. 5, 2013] (5) The operator of any vessel entering or located within this safety zone § 165.513 Safety Zone; Magothy River, shall: Sillery Bay, MD. (i) Travel at no-wake speed, (a) Regulated area. The following area (ii) Stop the vessel immediately upon is a safety zone: All waters of the Mag- being directed to do so by any commis- othy River, in Sillery Bay, contained sioned, warrant or petty officer on within lines connecting the following board a vessel displaying a Coast Guard positions: From position latitude Ensign, and 39°04′40″ N, longitude 076°27′44″ W; (iii) Proceed as directed by any com- thence to position latitude 39°04′48″ N, missioned, warrant or petty officer on longitude 076°27′19″ W; thence to posi- board a vessel displaying a Coast Guard tion latitude 39°04′59″ N, longitude Ensign. 076°27′45″ W; thence to position latitude (d) Enforcement. The U.S. Coast 39°04′59″ N, longitude 076°28′01″ W; Guard may be assisted in the patrol

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and enforcement of the safety zone by of the safety zone outside of the actual any Federal, State, and local agencies. firing area or if firing is temporarily (e) Enforcement period. This section stopped. This general permission will will be enforced from 8 a.m. until 10 be announced in a Local Notice to p.m. on the fourth Saturday in July an- Mariners and Broadcast Notice to nually. Mariners. [USCG–2012–0001, 77 FR 24840, Apr. 26, 2012] (2) Camp Lejeune artillery operations. Artillery weapons firing over the AICW § 165.514 Safety Zone: Atlantic Intra- from Marine Corps Base Camp Lejeune coastal Waterway and connecting will be suspended and vessels permitted waters, vicinity of Marine Corps to transit the specified 2-nautical-mile Base Camp Lejeune, North Caro- firing area for a 1-hour period begin- lina. ning at the start of each odd-numbered (a) Location. The following area is a hour local time (e.g., 9 a.m.; 1 p.m.). A safety zone: All waters of the Atlantic vessel may not enter the specified fir- Intracoastal Waterway (AICW) and ing area unless it will be able to com- connecting waters, from Bogue plete its transit of the firing area be- Sound—New River Daybeacon 58 fore firing exercises are scheduled to (LLNR 39210) at approximate position re-start. 34°37′57″ North, 077°12′18″ West, and con- (3) Atlantic Ocean naval gunnery live tinuing in the AICW southwest to fire operations. Naval gunnery live fire Bogue Sound—New River Daybeacon 70 operations over the AICW from off (LLNR 39290) at approximate position shore on the Atlantic Ocean may be 34°33′07″ North, 077°20′30″ West. All co- conducted for periods not to exceed 4 ordinates reference Datum: NAD 1983. hours, then suspended and vessels per- (b) Regulations. Notwithstanding the mitted to transmit the specified two- provisions of 33 CFR 334.440(e)(2)(i), no mile firing area for a minimum of one vessel may enter the safety zone de- hour before firing may resume. A ves- scribed in paragraph (a) of this section sel may not enter the specified firing while weapons firing exercises are in area unless it will be able to complete progress, except as provided in para- its transit of the firing area before fir- graph (c) of this section or unless per- ing exercises are scheduled to re-start. mitted by the Captain of the Port (d) Contact information. U.S. Navy (COTP) North Carolina. safety vessels may be contacted on (1) Red warning flags or red warning VHF marine band radio channels 13 lights will be displayed on towers lo- (156.65 MHz) and 16 (156.8 MHz). The cated at both ends of the safety zone Captain of the Port may be contacted (Bear Creek and Cedar Point) while fir- at Sector North Carolina by telephone ing exercises are in progress. The flags at (877) 229–0770 or (910) 772–2200. or lights will be displayed by 8 a.m. on days where firing exercises are sched- [CGD 05–98–38, 63 FR 58636, Nov. 2, 1998, as uled, and will be removed at the end of amended by USCG–2000–7223, 65 FR 40058, the firing exercise. June 29, 2000; CGD05–03–167, 69 FR 41946, July 13, 2004; USCG–2011–0368, 76 FR 26605, May 9, (2) A Coast Guard or U.S. Navy vessel 2011] will patrol each end of the safety zone to ensure the public is aware that fir- § 165.515 Safety Zone: Cape Fear ing exercises are in progress and that River, Wilmington, North Carolina. the firing area is clear of vessel traffic before weapons are fired. (a) Location. The following area is a (c) General information—(1) Announce- safety zone: ments. The COTP North Carolina will (1) The waters of the Cape Fear River announce the specific times and loca- bounded by a line connecting the fol- tions of firing exercises by Broadcast lowing points: Notice to Mariners and Local Notice to Latitude Longitude Mariners. Normally, weapons firing for each firing exercise is limited to a two 34°14′12″ N 77°57′10″ W nautical mile portion of the safety 34°14′12″ N 77°57′06″ W zone. The COTP may issue general per- 34°13′54″ N 77°57′00″ W ° ′ ″ ° ′ ″ mission to transit all or specified parts 34 13 54 N 77 57 06 W

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(2) The safety zone boundary can be § 165.518 Security Zone; Waters of the described as follows: starting at the Fifth Coast Guard District. 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, any Coast Guard commissioned, war- State or local law enforcement agency rant, or petty officer who has been au- assets as listed below: thorized by the Captain of the Port, (1) Coast Guard surface or air asset North Carolina to act on his behalf. displaying the Coast Guard insignia. (c) General information. The Captain (2) Coast Guard Auxiliary surface of the Port and the Command Duty Of- asset displaying the Coast Guard Aux- ficer at Sector North Carolina can be iliary insignia. (3) State and/or local law enforce- contacted at telephone number (877) ment asset displaying the applicable 229–0770 or (910) 772–2200. The Coast agency markings and or equipment as- Guard Patrol Commander and the sen- sociated with the agency. ior boarding officer on each vessel en- State and/or local law enforcement offi- forcing the safety zone can be con- cers means any State or local govern- tacted on VHF-FM channels 16 and 81. ment law enforcement officer who has (d) Regulation. Except for persons or authority to enforce State criminal vessels authorized by the Coast Guard laws. Patrol Commander, no person or vessel (b) Location. The following area is a may enter or remain in the regulated security zone: 500-yard radius around area. escorted vessels in the navigable (1) The operator of any vessel in the waters of the Fifth Coast Guard Dis- immediate vicinity of this safety zone trict as defined in 33 CFR 3.25–1, from shall: surface to bottom. (i) Stop the vessel immediately upon (c) Regulations. (1) No vessel may ap- being directed to do so by any commis- proach within 500 yards of an escorted sioned, warrant, or petty officer on vessel within the navigable waters of board a vessel displaying a Coast Guard the Fifth Coast Guard District, unless Ensign. traveling at the minimum speed nec- (ii) Proceed as directed by any com- essary to navigate safely. missioned, warrant, or petty officer on (2) No vessel may enter within a 100- board a vessel displaying a Coast Guard yard radius of an escorted vessel within Ensign. the navigable waters of the Fifth Coast (2) Any spectator vessel may anchor Guard District, without approval from outside of the regulated area specified the District Commander, Captain of the Port or their designated represent- in paragraph (a) of the section, but atives. may not block a navigable channel. (3) Moored or anchored vessels, which (e) Effective date. The Captain of the are overtaken by a moving zone, must Port will issue a Marine Safety Infor- remain stationary at their location mation Broadcast and a Notice to until the escorted vessel maneuvers at Mariners to notify the public when this least 500 yards past. section is in effect. (4) Vessels restricted in their ability [59 FR 33200, June 28, 1994, as amended by to maneuver may request permission of USCG–2000–7223, 65 FR 40059, June 29, 2000; the District Commander, Captain of USCG–2011–0368, 76 FR 26605, May 9, 2011] the Port or designated representative

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to enter the security zone in order to cer to act on his behalf in enforcing ensure safe passage in accordance with this safety zone. the Navigation Rules in 33 CFR chapter (3) Sector North Carolina will notify I, subparts D and E. the maritime community of periods (5) The local COTP may notify the during which this safety zone will be in maritime and general public by marine effect by providing advance notice of information broadcast of the periods scheduled arrivals and departures of during which individual security zones loaded hazardous materials vessels via have been activated by providing no- a marine Broadcast Notice to Mariners. tice in accordance with 33 CFR 165.7. (c) Regulation. The general regula- (6) When moored, a security zone tions governing safety zones contained around an escorted vessel may also be in § 165.23 apply. enforced by Coast Guard, State or Local law enforcement personnel [COTP Wilmington, NC 94–004, 59 FR 42759, shoreside. Aug. 19, 1994, as amended by USCG–2000–7223, (7) Persons desiring to transit within 65 FR 40059, June 29, 2000; USCG–2011–0368, 76 100 yards of an escorted vessel in the FR 26605, May 9, 2011] Fifth Coast Guard District must contact the local Captain of the Port on § 165.535 Safety Zone: Atlantic Ocean, VHF channel 16 (156.800 MHz), VHF Vicinity of Cape Henlopen State Park, Delaware. channel 13 (156.650 MHz) or at telephone numbers: (a) Location. The following area is a safety zone: All waters of the Atlantic Philadelphia: (215) 271–4807 Baltimore: (410) 576–2693 Ocean within the area bounded by a Hampton Roads: (757) 668–5555 or (757) 484– line drawn north from the tip of Cape 8192 Henlopen located at latitude 38°48.2′ N, North Carolina: (877) 229–0770 or (910) 772–2200 longitude 75°05.5′ W, to a point located ° ′ ° ′ (8) If permission is granted to transit at latitude 38 49.4 N, longitude 75 05.5 within 100 yards of an escorted vessel, W; thence east to a point located at ° ′ ° ′ all persons and vessels must comply latitude 38 49.4 N, longitude 75 01.4 W; with the instructions of the District thence south to a point located at lati- ° ′ ° ′ Commander, Captain of the Port or tude 38 43.0 N, longitude 75 01.4 W; their designated representative. thence west to a point on the shoreline located at latitude 38°43.0′ N, longitude [CGD05–04–171, 70 FR 11551, Mar. 9, 2005, as 75°04.5′ W; thence north following the amended by USCG–2011–0368, 76 FR 26605, shoreline, to a point located at latitude May 9, 2011] 38°48.2′ N, longitude 75°05.5′ W. All co- § 165.530 Safety Zone: Cape Fear and ordinate refer to Datum: NAD 1983. Northeast Cape Fear Rivers, NC. (b) Regulation. The general regula- (a) Location. The following area is a tions governing safety zones contained moving safety zone during the specified in § 165.23 apply. Vessels may not enter conditions: The waters of the Cape the safety zone without first obtaining Fear and Northeast Cape Fear Rivers permission from the Captain of the for 500 yards ahead and astern, and 75 Port (COTP) Delaware Bay. yards abeam of a vessel carrying haz- (c) Dates. This section is enforced an- ardous materials when designated by nually on the second Saturday in May the Captain of the Port, North Caro- and the following day. lina. (d) General information. (1) Those (b) General Information. (1) The Cap- times during which hazardous condi- tain of the Port and the Command tions exist inside the safety zone will Duty Officer at Sector North Carolina be announced by Broadcast Notice to can be contacted at telephone number Mariners. General permission to enter (877) 229–0770 or (910) 772–2200. The Coast the safety zone will be broadcast dur- Guard Patrol Commander enforcing the ing non-hazardous times. safety zone can be contacted on VHF- (2) You can gain access to the safety FM channels 16 and 81. by calling Sector Field Office Atlantic (2) The Captain of the Port may au- City command center at telephone thorize and designate any Coast Guard number (609) 677–2222 and on VHF chan- commissioned, warrant, or petty offi- nel 13 or 16.

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(3) The COTP Delaware Bay may au- the loaded blast holes and fifty (50) feet thorize and designate any Coast Guard (15.2 meters) in all directions from commissioned, warrant, or petty offi- loaded holes. cer to act on his behalf in enforcing Blasting operations means the detona- this safety zone. tion of explosives on the river bottom. [CGD05–98–043, 69 FR 28827, May 19, 2004] Captain of the Port means the Coast Guard officer designated by the Com- § 165.540 Regulated Navigation Area; mandant to command the Captain of Cape Fear River, Northeast Cape the Port Zone as described in 33 CFR Fear River, Wilmington, North 3.25–20. Carolina. Control vessel means the vessel at an (a) Description of the Regulated Navi- active work area which coordinates op- gation Area (RNA). The RNA encom- erations within the active work area. passes all waters of the Cape Fear Hangfire means a blast that fails to River and Northeast Cape Fear River detonate at initiation, but detonates at from the intersection of Bald Head a later time. Shoal Channel and Smith Island Chan- Mile means measured as nautical nel (centerline coordinates Latitude miles. 33°52′24.028″ N, Longitude 78°00′29.624″ W Misfire means a blast that fails to (NAD 83)) to mile 26.7 on the Northeast detonate completely after an attempt Cape Fear River. at initiation, also the explosive mate- (b) Work areas. Dredging work within rial that failed to detonate as planned. the RNA will be conducted in five dis- RNA means Regulated Navigation tinct areas: Ocean Bar II, Horseshoe Area. Shoal, Passing Lane & Anchorage Work area means those places within Basin, Big Island, and the Northeast the RNA where dredging, drilling, and Cape Fear River. Drilling or blasting is blasting shall be conducted. expected to occur within the Passing (e) Description of work areas in the Lane & Anchorage Basin, Big Island, RNA—(1) Ocean Bar II, mouth of Cape and the Northeast Cape Fear River Fear. The work area includes: Part of work areas. The blast sites within the Bald Head Shoal Channel, Smith Island RNA, will be identified and made avail- Channel, Baldhead Caswell Channel, able to the public through: Broadcast Southport Channel, Battery Island Notices to Mariners or Local Notices to Channel, Lower Swash Channel, and Mariners (Local Notices to Mariners the majority of Snows Marsh Channel. are available on-line at The downstream end of the work area www.navcen.uscg.gov/lnm/d5/); direct (centerline coordinates: Latitude contact with the control vessel on 33°50′43.668″ N, Longitude 78°01′40.068″ W channel 16 VHF-FM; direct contact (NAD 1983)) is located southeast of with the contractor; or through the Cape Fear River Channel Lighted Buoy Captain of the Port on VHF marine 8 (LL 30350), approximately 2,560 feet Band Radio, channels 13 and 16; or at east of the centerline of the existing telephone number (910) 772–2200. In ad- Bald Head Shoal Channel. Upstream dition, dredge and blasting companies end of the work area is located 1,200 will have a control vessel present at feet downstream of the intersection of the site of each blast. Snows Marsh Channel and Horseshoe (c) Enforcement period. This section Shoal Channel at turn six (mile 6.5, ap- will be enforced during the months of proximately 1,150 feet downstream of August, September, October, Novem- Cape Fear River Channel Lighted Buoy ber, December, and January, each year. 25 (LL 30530/39965)). This rule will expire on January 31, (2) Horseshoe Shoal. The work area in- 2006. cludes: Horseshoe Shoal Channel and (d) Definitions. Active work area means part of Snows Marsh Channel. Down- a work area in which blasting, drilling, stream end of the work area is located or dredging operations are currently 1,200 feet downstream of the intersec- taking place. tion of Snows Marsh Channel and Blast site means the area where explo- Horseshoe Shoal Channel (mile 6.5, ap- sive material is handled during load- proximately 1,150 feet downstream of ing, including the perimeter formed by Cape Fear River Channel Lighted Buoy

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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 about Cape Fear River Channel Lighted 2,680 feet upstream of intersection of Buoy 27 (LL 30550/39945)). Upper Big Island Channel and Lower (3) Big Island. The work area in- Brunswick Channel (mile 18.7, approxi- cludes: Part of Keg Island Channel, mately 1,620 feet upstream of Cape Lower Big Island Channel, Upper Big Fear River Channel Lighted Buoy 56 Island Channel, and part of Lower (LL 30830) and approximately 590 feet Brunswick Channel. Downstream end downstream of the CP&L overhead of the work area is approximately 2,230 power line crossing). Upstream end of feet upstream of the intersection of Anchorage Basin work area is the Cape Upper Lilliput Channel and Keg Island Fear Memorial Bridge (mile 23.6). Channel (mile 16.2, approximately 1,320 (5) Northeast Cape Fear River. The feet downstream of Cape Fear River downstream end of the work area is the Channel Lighted Buoy 46 (LL 30765) and Cape Fear Memorial Bridge (mile 23.6). approximately 2,300 feet upstream of Upstream end of the work area (ap- Cape Fear River Channel Lighted Buoy proximately mile 26.7) is on the North- 44 (LL 30750)). Upstream end of the east Cape Fear River and is approxi- work area is approximately 2,680 feet mately 700 feet upstream of the turning upstream of intersection of Upper Big basin located opposite Koch Sulfur Island Channel and Lower Brunswick Products Co. and approximately 90 feet Channel (mile 18.7, approximately 1,620 downstream of the submerged gas pipe- feet upstream of Cape Fear River Chan- line crossing. nel Lighted Buoy 56 (LL 30830) and ap- (f) Regulations. (1) Blasting, drilling, proximately 590 feet downstream of the and dredging operations raise many Carolina Power & Light Company safety issues for vessels transiting the (CP&L) overhead power line crossing). RNA. All mariners are reminded to ex- (4) Passing Lane and Anchorage Basin. ercise caution while transiting or oper- There are two separate work areas for ating in the RNA. this contract, separated by the Big Is- land Contract. (2) Active work areas, control ves- (i) Passing Lane work area is located sels, and blast sites will be identified immediately downstream of the Big Is- via Broadcast Notices to Mariners or land contract work area. The work Local Notices to Mariners. The Local area includes: Reaves Point Channel, Notice to Mariners is available on-line Lower Midnight Channel, Upper Mid- at www.navcen.uscg.gov/lnm/d5/. Control night Channel, Lilliput Channel, and vessels shall monitor channel 16 VHF- part of Keg Island Channel. Down- FM. stream end of Passing Lane work area (3) The following requirements apply is the intersection of Horseshoe Shoal to all vessels. Channel and Reaves Point Channel (i) All vessels shall inform them- (mile 7.7, at about Cape Fear River selves of the active work areas prior to Channel Lighted Buoy 27 (LL 30550/ entering the RNA. 39945)). Upstream end of the Passing (ii) All vessels shall contact and re- Lane work area is approximately 2,230 ceive permission from the control ves- feet upstream of intersection of Upper sel for that work area before entering Lilliput Channel and Keg Island Chan- the active work area. nel (mile 16.2, approximately 1,320 feet (iii) All vessels transiting an active downstream of Cape Fear River Chan- work area shall do so at no wake speed nel Lighted Buoy 46 (LL 30765) and ap- or the minimum speed necessary to proximately 2,300 feet upstream of Cape maintain steerage. Fear River Channel Lighted Buoy 44 (iv) During blasting operations all (LL 30750)). vessels are prohibited from entering an (ii) Anchorage Basin work area is lo- area of 500 yards surrounding the blast cated immediately upstream of the Big site. Upon notification of a misfire or Island contract work area. The work hangfire, all vessels underway in the area includes: Part of Lower Brunswick RNA shall proceed to clear the active

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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 the COTP 12 hours before vessel move- 39°48′39.7″ N, 074°12′0″ W; along the ment within the RNA. shoreline, thence to 39°48′40.0″ N, (5) Vessels meeting the notice of ar- 074°12′0.3″ W; thence to 39°49′11.8″ N, rival requirements under 33 CFR 160.207 074°12′10.5″ W; thence back along the are encouraged to notify the COTP at shoreline to the beginning point. All least 48-hours before the vessel enters coordinates reference Datum: NAD the RNA to facilitate scheduling and 1983. minimize delays. Updates are encour- (b) Regulations. (1) All persons are re- aged at least 12 hours before arriving quired to comply with the general reg- at the RNA boundaries. The COTP may ulations governing security zones in delay entry into the RNA to accommo- § 165.33 of this part. date other commercial traffic. (2) No person or vessel may enter or (6) Vessels of 300 gross tons or greater navigate within this security zone un- shall be prohibited from entering the less authorized to do so by the Coast RNA when they are advised that a mis- Guard or designated representative. fire or hangfire has occurred. Any person or vessel authorized to (7) For any vessel with another ves- enter the security zones must operate sel/barge in tow transiting an active in strict conformance with any direc- work area, the hawser or wire length of tions given by the Coast Guard or des- the tow shall not exceed 275 feet, meas- ignated representative and leave the ured from the towing bit on the tug to security zone immediately if the Coast the point where the hawser or wire Guard or designated representative so connects with the towed vessel or orders. barge. (3) The Coast Guard or designated (8) Vessels of 300 gross tons or greater representative enforcing this section and tugs with tows, shall, prior to en- can be contacted on VHF Marine Band tering the RNA, ensure that they have Radio, channels 13 and 16. The Captain sufficient propulsion and directional of the Port can be contacted at (215) control to safely navigate the RNA 271–4807. under the prevailing conditions. (4) The Captain of the Port will no- (9) Vessels of 300 gross tons or greater tify the public of any changes in the and tugs with tows are prohibited from status of this security zone by Marine meeting or overtaking vessels of 300 Safety Radio Broadcast on VHF-FM gross tons or greater or tugs with tows marine band radio, channel 22 (157.1 in active work areas or within one nau- MHZ). tical mile of an active work area. (c) Definitions. For the purposes of (10) The Captain of the Port, North this section, Captain of the Port means Carolina may, upon written request, the Commanding Officer of the Coast authorize a deviation from any regula- Guard Sector Delaware Bay, or any tion in this section if it is found that Coast Guard commissioned, warrant, or the proposed operations can be done petty officer who has been authorized safely. An application for deviation by the Captain of the Port to act as a must be received not less than 48 hours designated representative on his be- before intended operation and must half. state the need and describe the pro- [CGD05–03–111, 69 FR 5284, Feb. 4, 2004] posal. [CGD05–01–006, 66 FR 39099, July 27, 2001, as § 165.553 Security Zone; Salem and amended by USCG–2011–0368, 76 FR 26605, Hope Creek Generation Stations, May 9, 2011] Delaware River, Salem County, New Jersey. § 165.552 Security Zone; Oyster Creek (a) Location. The following area is a Generation Station, Forked River, security zone: the waters of the Dela- Ocean County, New Jersey. ware River in the vicinity of the Salem (a) Location. The following area is a and Hope Creek Generation Stations security zone: Starting at the south bounded by a line drawn from a point

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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. 39°27′39.9″ N, 075°31′51.6″ W, thence along (b) Regulations. (1) All persons are re- the shoreline to the point of 39°28′08.0″ quired to comply with the general reg- N, 075°32′31.7″ W. All coordinates ref- ulations governing security zones in erence Datum: NAD 1983. § 165.33 of this part. (b) Regulations. (1) All persons are re- (2) No person or vessel may enter or quired to comply with the general reg- navigate within this security zone un- ulations governing security zones in less authorized to do so by the Coast § 165.33 of this part. Guard or designated representative. (2) No person or vessel may enter or Any person or vessel authorized to navigate within this security zone un- enter the security zone must operate in less authorized to do so by the Coast strict conformance with any directions Guard or designated representative. given by the Coast Guard or designated Any person or vessel authorized to representative and leave the security enter the security zones must operate zone immediately if the Coast Guard or in strict conformance with any direc- designated representative so orders. tions given by the Coast Guard or des- (3) The Coast Guard or designated ignated representative and leave the representative enforcing this section security zone immediately if the Coast can be contacted on VHF Marine Band Guard or designated representative so Radio, channels 13 and 16. The Captain orders. of the Port can be contacted at (215) (3) The Coast Guard or designated 271–4807. The Security Manager at representative enforcing this section Three Mile Island can be contacted at can be contacted on VHF Marine Band (717) 948–8208 or (717) 948–8039. 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, Coast this section, Captain of the Port means Guard commissioned, warrant, or petty the Commanding Officer of the Coast officer who has been authorized by the Guard Sector Delaware Bay, or any Captain of the Port to act as a des- Coast Guard commissioned, warrant, or ignated representative on his behalf. petty officer who has been authorized by the Captain of the Port to act as a [CGD05–03–116, 69 FR 46103, Aug. 2, 2004] designated representative on his behalf. § 165.555 Safety Zone; Delaware River. [CGD05–03–113, 69 FR 5279, Feb. 4, 2004] (a) Definition. As used in this section, Captain of the Port means the Com- § 165.554 Security Zone; Three Mile Is- mander of Sector Delaware Bay or any land Generating Station, Susque- Coast Guard commissioned, warrant or hanna River, Dauphin County, petty officer who has been authorized Pennsylvania. by the Captain of the Port to act on his (a) Location. The following area is a behalf. The Captain of the Port may be security zone: the waters of the Sus- contacted by telephone at (215) 271–4807 quehanna River in the vicinity of the or via VHF marine band radio, channel Three Mile Island Generating Station 16. bounded by a line beginning at (b) Location. The following area is a 40°09′14.74″ N, 076°43′40.77″ W; thence to safety zone: All waters located within a 40°09′14.74″ N, 076°43′42.22″ W, thence to 150-yard radius around the dredging op- 40°09′16.67″ N, 076°43′42.22″ W, thence to eration and barge, conducting dredging

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operations in or near the Marcus Hook by telephone at (410) 576–2693 or by ma- Range in the vicinity of Anchorage 7. rine band radio on VHF–FM Channel 16 (c) Enforcement. This safety zone will (156.8 MHz), from 12:01 a.m. until 11:59 be enforced annually beginning on Sep- p.m. on the last Saturday in June, an- tember 1 through December 31. nually. All Coast Guard vessels enforc- (d) Regulations. (1) All persons are re- ing this regulated navigation area can quired to comply with the general reg- be contacted on marine band radio ulations governing safety zones in 33 VHF–FM Channel 16 (156.8 MHz). CFR 165.23 of this part. (3) The operator of any vessel enter- (2) All Coast Guard vessels enforcing ing or located within this regulated this safety zone or watch officers navigation area shall: aboard the Dredge and Barge can be (i) Travel at no-wake speed, contacted on VHF marine band radio, (ii) Stop the vessel immediately upon channel 16. The Captain of the Port being directed to do so by any commis- may be contacted by telephone at (215) sioned, warrant or petty officer on 271–4807 or via VHF marine band radio, board a vessel displaying a Coast Guard channel 16. Ensign, and (iii) Proceed as directed by any com- [CGD05–04–035, 70 FR 40887, July 15, 2005] missioned, warrant or petty officer on § 165.556 Regulated Navigation Area; board a vessel displaying a Coast Guard Chesapeake and Delaware Canal, Ensign. Chesapeake City Anchorage Basin, (4) All vessels and persons within this MD. regulated navigation area must comply (a) Location. The following area is a with any additional instructions of the regulated navigation area: All waters District Commander or the designated of the Chesapeake and Delaware (C & representative. D) Canal within the anchorage basin at (d) Enforcement. The U.S. Coast Chesapeake City, Maryland, bounded Guard may be assisted in the patrol by a line drawn across the entrance to and enforcement of the regulated navi- the basin from position latitude gation area by any Federal, State, and 39°31′39.6″ N, longitude 075°48′36.5″ W, to local agencies. position latitude 39°31′40.6″ N, longitude (e) Enforcement period. This section 075°48′43.3″ W. All coordinates refer to will be enforced from 12:01 a.m. until NAD 1983. 11:59 p.m. on the last Saturday in June, (b) Definitions. For the purposes of annually. this section: [USCG–2008–1119, 74 FR 28611, June 17, 2009] District Commander means the Com- mander, Fifth Coast Guard District or SEVENTH COAST GUARD DISTRICT any Coast Guard commissioned, warrant, or petty officer who has been au- § 165.T07–0161 Safety Zone; Xterra thorized by the Commander, Fifth Swim, Myrtle Beach, SC. Coast Guard District, to act on his or (a) Regulated area. The following reg- her behalf, or his or her designated rep- ulated area is a safety zone: All waters resentative. within the following two points of posi- (c) Regulations. The general regulation and the North shore: 33°45′02″ N, tions governing regulated navigation 78°50′53″ W to 33°45′11″ N, 78°50′32″ W. areas, found in 33 CFR 165.13, apply to The Xterra Swim race consists of an the regulated navigation area de- 800 yard swim loop with approximately scribed in paragraph (a) of this section. 150 swimmers. All coordinates are (1) All vessels and persons are prohib- North American Datum 1983. ited from entering and accessing this (b) Definition. The term ‘‘designated regulated navigation area, except as representative’’ means Coast Guard Pa- authorized by the District Commander trol Commanders, including Coast or his or her designated representative. Guard coxswains, petty officers, and (2) Persons or vessels requiring entry other officers operating Coast Guard into or passage within the regulated vessels, and Federal, state, and local navigation area must request author- officers designated by or assisting the ization from the District Commander Captain of the Port Charleston in the or his or her designated representative, enforcement of the regulated area.

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(c) Regulations. (1) All persons and (permanent), then north to the north- vessels are prohibited from entering, ern shoreline of the NASA Causeway transiting through, anchoring in, or re- and east on the northern shoreline of maining within the regulated area un- the causeway back to the shoreline on less authorized by the Captain of the Merritt Island at position 28°31′36″ N., Port Charleston or a designated rep- 80°43′42″ W., then northwest along the resentative. shoreline to 28°41′01.2″ N., 80°47′10.2″ W. (2) Persons and vessels desiring to (Blackpoint); then due north to chan- enter, transit through, anchor in, or re- nel marker #6 on the Intracoastal Wa- main within the regulated area may terway (ICW), then northeast along the contact the Captain of the Port Charleston by telephone at 843–740–7050, southern edge of the ICW to the west- or a designated representative via VHF ern entrance to the Haulover Canal. radio on channel 16, to request author- From this point, the line continues ization. If authorization to enter, tran- northeast along the southern edge of sit through, anchor in, or remain with- the Haulover Canal to the eastern en- in the regulated area is granted by the trance to the canal; then due east to a Captain of the Port Charleston or a point in the Atlantic Ocean 3 miles off- designated representative, all persons shore at 28°44′42″ N., 80°37′51″ W.; then and vessels receiving such authoriza- south along a line 3 miles from the tion must comply with the instructions coast to Wreck Buoy ‘‘WR6’’, then to of the Captain of the Port Charleston Port Canaveral Channel Lighted Buoy or a designated representative. 10, then west along the northern edge (3) The Coast Guard will provide no- of the Port Canaveral Channel to the tice of the regulated area by Local No- northeast corner of the intersection of tice to Mariners, Broadcast Notice to the Cape Canaveral Barge Canal and Mariners, and on-scene designated rep- the ICW in the Banana River at resentatives. 28°24′36″ N., 80°38′42″ W. The line con- (d) Effective date. This rule is effec- tinues north along the east side of the tive on May 4, 2014. This rule will be Intracoastal Waterway to daymarker enforced from 7:30 a.m. until 8:15 a.m. on Sunday, May 4, 2014. ‘35’ thence North Westerly one quarter of a mile south of NASA Causeway [USCG–2014–0161, 79 FR 22414, Apr. 22, 2014] East (Orsino Causeway) to the shoreline on Merritt Island at position § 165.701 Vicinity, Kennedy Space Cen- ° ′ ° ′ 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 continues west on the southern shoreline of the NASA Causeway to NASA Gate 3

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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 33 CFR 165.23 and .33 apply. No person ° ′ ″ ° ′ ″ 30 47 35.0 N 081 30 16.5 W or vessel may enter or remain within and thence to the point of beginning 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 insignia. 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 ject to control by the Coast Guard, and may enter into the security zone under must follow the instructions of des- this section unless authorized by the ignated representatives. Captain of the Port San Juan. (2) At least 48 hours prior to each en- (2) Vessels seeking to enter a secu- forcement period, the Coast Guard will rity zone established in this section, provide notice of the regulated area may contact the COTP on VHF channel through advanced notice via Local No- 16 or by telephone at (787) 289–2041 to tice to Mariners and Broadcast Notice request permission. to Mariners. The Coast Guard will also (3) All persons and vessels granted permission to enter the security zone provide notice of the regulated area by must comply with the orders of the on-scene designated representatives. Captain of the Port San Juan and des- (d) Enforcement period. This rule will ignated on-scene U.S. Coast Guard pa- be in enforced annually on Columbus trol personnel. On-scene U.S. Coast Day weekend, starting at 12:01 p.m. on Guard patrol personnel include com- the Saturday before Columbus Day, missioned, warrant, and petty officers through 2:00 a.m. on Monday (the Co- of the U.S. Coast Guard. lumbus Day holiday). Columbus Day is (d) Effective period. This section is ef- the federally recognized holiday occur- fective on April 29, 2009. ring annually on the second Monday in [USCG–2008–0070, 74 FR 14049, Mar. 30, 2009] October. [USCG–2012–0191, 77 FR 62439, Oct. 15, 2012] § 165.779 Regulated Navigation Area; Columbus Day Weekend, Biscayne EIGHTH COAST GUARD DISTRICT Bay, Miami, FL. (a) Regulated area. The regulated § 165.T08–0080 Safety Zone; Cincinnati navigation area encompasses all waters Reds Fireworks Displays Ohio of Biscayne Bay between Rickenbacker River, Mile 470.1–470.4, Cincinnati, Causeway Bridge and Coon Point, El- OH. liot Key contained within an imagi- (a) Location. The following area is a nary line connecting the following temporary safety zone: all waters of points: beginning at Point 1 in position the Ohio River, surface to bottom, 25°44′49″ N, 80°12′04″ W; thence south- from mile 470.1 to mile 470.4 on the west to Point 2 in position 25°30′00″ N, 80°15′48″ W; thence southeast to Point 3 Ohio River, extending 500 ft. from the in position 25°28′22″ N, 80°15′00″ W; State of Ohio shoreline at Cincinnati, thence east to Point 4 in position Ohio. These markings are based on the 25°28′23″ N, 80°12′53″ W; thence northeast United States Army Corps of Engi- to Point 5 in position 25°30′00″ N, neers’ Ohio River Navigation Charts 80°12′06″ W; thence west to Point 6 in (Chart 115 June 2010). position 25°30′00″ N, 80°13′17″ W; thence (b) Effective dates and enforcement pe- northwest to Point 7 in position riods. This safety zone is effective from 25°30′53″ N, 80°13′21″ W; thence northeast April 2, 2014 through November 15, 2014, to Point 8 in position 25°43′57″ N, and will be enforced from 9:00 p.m. to 80°10′01″ W; thence back to origin. All 11:30 p.m. on the following dates: April coordinates are North American 2 & 11; May 2, 9 & 23; June 6 & 20; July Datum 1983. 4, 11 & 25; August 8 & 22; September 5 (b) Definition. The term ‘‘designated & 26. Should the Cincinnati Reds make representative’’ means Coast Guard Pa- the playoffs and have additional home trol Commanders, including Coast games, the Coast Guard will provide Guard coxswains, petty officers, and the game dates and enforcement peri- other officers operating Coast Guard ods as soon as practicable with advance vessels, and Federal, state, and local notification via Broadcast Notices to officers designated by or assisting the Mariners, Local Notices to Mariners, Captain of the Port Miami in the en- and/or Marine Safety Information Bul- forcement of the regulated area. (c) Regulations. (1) All vessels within letins as appropriate. the regulated area are required to tran- (c) Regulations. (1) In accordance with sit at no more than 15 knots, are sub- the general regulations in § 165.23 of

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this part, entry into, movement within, or departure from this zone is pro- in, or departure from this zone is prohibited unless authorized by the Cap- hibited unless authorized by the Cap- tain of the Port Ohio Valley or a des- tain of the Port Ohio Valley or a designated representative. ignated representative. (2) Persons or vessels requiring entry (2) Persons or vessels requiring entry into, departure from, or movement into, departure from, or movement within a regulated area must request within a regulated area must request permission from the Captain of the permission from the Captain of the Port Ohio Valley or a designated rep- Port Ohio Valley or a designated representative. They may be contacted on resentative. They may be contacted on VHF–FM Channel 13 or 16, or through VHF–FM Channel 13 or 16, or through Coast Guard Sector Ohio Valley at 1– Coast Guard Sector Ohio Valley at 1– 800–253–7465. 800–253–7465. (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 Ohio Valley and des- tain of the Port Ohio Valley and designated on-scene U.S. Coast Guard pa- ignated on-scene U.S. Coast Guard patrol personnel. On-scene U.S. Coast trol personnel. On-scene U.S. Coast Guard patrol personnel includes Com- Guard patrol personnel includes Com- missioned, Warrant, and Petty Officers missioned, Warrant, and Petty Officers of the U.S. Coast Guard. of the U.S. Coast Guard. (d) Informational Broadcasts. The (d) Informational broadcasts. The COTP Ohio Valley or a designated rep- COTP Ohio Valley or a designated representative will inform the public resentative will inform the public through Broadcast Notices to Mari- through Broadcast Notices to Mari- ners, Local Notices to Mariners, and/or ners, Local Notices to Mariners, and/or Marine Safety Information Bulletins as Marine Safety Information Bulletins as appropriate of the enforcement period appropriate of the enforcement period for each safety zone as well as any for each safety zone as well as any changes in the planned and published changes in the planned and published dates and times of enforcement. dates and times of enforcement. EFFECTIVE DATE NOTE: By USCG–2014–0238, EFFECTIVE DATE NOTE: By USCG–2014–0080, 79 FR 31865, June 3, 2014, temporary § 165.T08– 79 FR 31870, June 3, 2014, temporary § 165.T08– 0238, was added, effective from 9:45 p.m. on 080 was added, effective from June 3, 2014 June 7, 2014 until 10:30 p.m. on July 4, 2014. until Nov. 15, 2014. § 165.T08–0698 Safety Zone; Port of § 165.T08–0238 Safety Zone; Cincinnati Galveston, Pelican Island Bridge Symphony Orchestra Fireworks Repair. Displays Ohio River, Mile 460.9– (a) Definition. As used in this section, 461.3, Cincinnati, OH. Public boaters means all recreational (a) Location. The following area is a boaters and their vessels. temporary safety zone: all waters of (b) Safety Zone. This area includes all the Ohio River, surface to bottom, waters of Galveston Channel enclosed from mile 460.9 to mile 461.3 on the within an area extending 50 feet out Ohio River, extending 300 ft. from the from the position 29°18′38.23″ N, State of Ohio shoreline at Cincinnati, 094°49′24.84″ W. All coordinates are Ohio. These markings are based on the based on NAD83. United States Army Corps of Engi- (c) Effective date. This rule is effec- neers’ Ohio River Navigation Charts tive and will be enforced from October (Chart 117 June 2010). 1, 2013 to December 15, 2015. (b) Effective dates and enforcement pe- (d) Regulations. (1) In accordance with riods. This safety zone is effective from the general regulations in § 165.23 of 9:45 p.m. to 10:15 p.m. on June 7, 2014 this part, entry into this zone is pro- and from 10:00 p.m. to 10:30 p.m. on hibited to all vessels except participant July 4, 2014. vessels and those vessels specifically (c) Regulations. (1) In accordance with authorized by the Captain of the Port, the general regulations in § 165.23 of Houston-Galveston or a designated rep- this part, entry into, movement with- resentative.

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(2) Persons or vessels requiring entry (i) Requests for deviation may in- into or passage through must request clude requests to enter, remain in, or permission from the Captain of the transit through certain parts of the se- Port, Houston-Galveston, or a des- curity zone. If a deviation from the ignated representative. They may be rule results in permission to enter, re- contacted on VHF Channel 13 or 16, or main in, or transit through the secu- by telephone at (713) 671–5103. rity zone, all vessels shall operate at (3) All persons and vessels shall com- the minimum speed necessary to main- ply with the instructions of the Cap- tain a safe course, unless required to tain of the Port, Houston-Galveston, maintain speed by the Navigation designated representatives and des- Rules, and shall proceed as directed by ignated on-scene U.S. Coast Guard pa- the Coast Guard. trol personnel. On-scene U.S. Coast (ii) If authorized to operate within Guard patrol personnel include com- the security zone, no vessel or person is missioned, warrant and petty officers allowed within 50 yards of the escorted of the U.S. Coast Guard. vessel. A specific request for deviation from this rule to operate within 50 EFFECTIVE DATE NOTE: By USCG–2013–0698, yards of the escorted vessels must be 78 FR 61939, Oct. 7, 2013, temporary § 165.T08– requested and will be considered on a 0698 was added, effective from Oct. 1, 2013 to case-by-case basis by the COTP New Dec. 15, 2015. Orleans. (3) All persons and vessels shall com- § 165.T08–0994 Security Zone; Mis- sissippi River, New Orleans, LA. ply with the instructions of the COTP New Orleans and designated personnel. (a) Location. Lower Mississippi River, Designated personnel include commis- from mile marker 90.0 to mile marker sioned, warrant and petty officers of 106.0 above head of passes, extending the U.S. Coast Guard, and local, state, 100 yards in all directions of escorted and federal law enforcement officers on vessels. clearly identified law enforcement (b) Effective date. This rule is effec- agency vessels. tive in the FEDERAL REGISTER on Feb- (4) Informational broadcasts. The Cap- ruary 10, 2014 and effective with actual tain of the Port or a designated rep- notice for purposes of enforcement on resentative will inform the public December 31, 2013 through April 14, through marine safety information bul- 2014. letins or broadcast notices to mariners (c) Periods of enforcement. This rule of the enforcement of the security will be enforced during vessel escorts zone. performed by Coast Guard assets or [USCG–2013–0994, 79 FR 7587, Feb. 10, 2014] other Federal, State or local law enforcement agency assets clearly identi- § 165.801 Annual fireworks displays fied by lights, vessel markings, or and other events in the Eighth agency insignia. The Captain of the Coast Guard District requiring safe- Port (COTP) New Orleans or a COTP ty zones. New Orleans designated representative The Coast Guard is establishing safe- will inform the public through broad- ty zones for the annual fireworks dis- cast notices to mariners of security plays and other events requiring safety zone enforcement periods as well as zones listed in the table to § 165.801. any changes that may occur. (a) In accordance with the general (d) Regulations. (1) In accordance with regulations in § 165 of this part, entry the general regulations in § 165.33 of into this zone is prohibited unless au- this part, remaining in, entry into, or thorized by the Captain of the Port or transiting within this security zone is a designated representative. prohibited. Section § 165.33 also con- (b) Persons or vessels desiring to tains other general requirements. enter into or passage through the zone (2) Vessels requiring deviation from must request permission from the Cap- this rule must request permission from tain of the Port or a designated rep- the COTP New Orleans through the on- resentative. scene Coast Guard or other agency (c) If permission is granted, all per- asset, via VHF Ch. 67. sons and vessels shall comply with the

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instructions of the Captain of the Port resentative will inform the public or designated representative. Des- through broadcast notices to mariners ignated representatives include com- of the enforcement period for the safe- missioned, warrant, and petty officers ty zone as well as any changes in the of the U.S. Coast Guard. planned schedule. (d) Informational broadcasts: The Cap- tain of the Port or a designated rep-

TABLE 1 OF § 165.801—SECTOR OHIO VALLEY ANNUAL AND RECURRING SAFETY ZONES

Date Sponsor/name Location Safety zone

1. Multiple days—April through Pittsburgh Pirates/Pittsburgh Pittsburgh, PA ...... Allegheny River, Mile 00.2– November. Pirates Fireworks. 000.8 (Pennsylvania). 2. Multiple days—April through Cincinnati Reds/Cincinnati Cincinnati, OH ...... Ohio River, Mile 470.1–470.4; November. Reds Season Fireworks. extending 500 ft. from the State of Ohio shoreline (Ohio). 3. 2 days—Third Friday and Thunder Over Louisville/Thun- Louisville, KY ...... Ohio River, Mile 602.0–606.0 Saturday in April. der Over Louisville. (Kentucky). 4. 3 days—Third weekend in Henderson Tri-Fest/Hender- Henderson, KY ...... Ohio River, Mile 803.5–804.5 April. son Breakfast Lions Club. (Kentucky). 5. 1 day—A Saturday in July .. Paducah Parks and Recre- Paducah, KY ...... Ohio River, Mile 934.0–936.0 ation Department/Cross (Kentucky). River Swim. 6. 1 Day—First Sunday in West Virginia Symphony Or- Charleston, WV ...... Kanawha River, Mile 59.5– June. chestra/Symphony Sunday. 60.5 (West Virginia). 7. 1 Day—Saturday before 4th Riverfest Inc./Saint Albans St. Albans, WV ...... Kanawha River, Mile 46.3– of July. Riverfest. 47.3 (West Virginia). 8. 1 day—Third or fourth week Upper Ohio Valley Italian Her- Wheeling, WV ...... Ohio River, Mile 90.0–90.5 in July. itage Festival/Upper Ohio (West Virginia). Valley Italian Heritage Fes- tival Fireworks. 9. 1 day—Third or fourth of Harrah’s Casino/Metropolis Metropolis, IL ...... Ohio River, Mile 942.0–945.0 July. Fireworks. (Illinois). 10. 1 day—During the first Louisville Bats Baseball Club/ Louisville, KY ...... Ohio River, Mile 603.0–604.0 week of July. Louisville Bats Firework (Kentucky). Show. 11. 1 day—July 4th ...... Waterfront Independence Louisville, KY ...... Ohio River, Mile 603.0–604.0 Festival. (Kentucky). 12. 1 day—July 4th ...... Celebration of the American Owensboro, KY ...... Ohio River, Mile 755.0–759.0 Spirit Fireworks. (Kentucky). 13. 1 day—July 4th ...... Riverfront Independence Fes- New Albany, IN ...... Ohio River, Mile 602.0–603.5 tival Fireworks. (Indiana). 14. 1 day—July 4th ...... Downtown Henderson Henderson, KY ...... Ohio River, Mile 803.5–804.5 Project/Henderson Inde- (Kentucky). pendence Bank Fireworks. 15. 1 day—July 4th ...... Shoals Radio Group/Spirit of Florence, AL ...... Tennessee River, Mile 255.0– Freedom Fireworks. 257.0 (Alabama). 16. 1 day—Saturday before Town of Cumberland City/ Cumberland City, TN ...... Cumberland River, Mile July 4th, or on July 4th if Lighting Up the Cum- 103.0–105.0 (Tennessee). that day is a Saturday. berland Fireworks. 17. 1 day—July 4th ...... Lake Guntersville Chamber of Guntersville, AL ...... Tennessee River, Mile 356.0– Commerce/Lake 358.0 (Alabama). Guntersville 4th of July Celebration. 18. 1 day—July 3rd or the City of Clarksville/Clarksville Clarksville, TN ...... Cumberland River, Mile weekend before July 3rd if Independence Day Fire- 103.0–105.0 (Tennessee). the 3rd is on a weekday. works. 19. 1 day—July 4th ...... Knoxville office of Special Knoxville, TN ...... Tennessee River, Mile 647.0– Events/Knoxville July 4th 648.0 (Tennessee). Fireworks. 20. 1 day—July 4th ...... Nashville CVB/Music City July Nashville, TN ...... Cumberland River, Mile 4th. 190.0–192.0 (Tennessee). 21. 1 day—Saturday before Grand Harbor Marina/Grand Counce, TN ...... Tennessee-Tombigbee Wa- July 4th, or Saturday after Harbor Marina July 4th terway, Mile 450.0–450.5 July 4th. Celebration. (Tennessee). 22. 1 day—Second Saturday City of Bellevue, KY/Bellevue Bellevue, KY ...... Ohio River, Mile 468.2–469.2 in July. Beach Park Concert Fire- (Kentucky and Ohio). works. 23. 1 day—Sunday before Cincinnati Bell, WEBN, and Cincinnati, OH ...... Ohio River, Mile 469.2–470.5 Labor Day. Proctor and Gamble/ (Kentucky and Ohio). Riverfest.

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TABLE 1 OF § 165.801—SECTOR OHIO VALLEY ANNUAL AND RECURRING SAFETY ZONES— Continued

Date Sponsor/name Location Safety zone

24. 1 day—July 4th ...... Summer Motions Inc./Sum- Ashland, KY ...... Ohio River, Mile 322.1–323.1 mer Motion. (Kentucky). 25. 1 day—Last weekend in City of Point Pleasant/Point Point Pleasant, WV ...... Ohio River, Mile 265.2–266.2 June or First weekend in Pleasant Sternwheel Fire- (West Virginia). July. works. 26. 1 day—July 3rd or 4th ...... City of Charleston/City of Charleston, WV ...... Kanawha River, Mile 58.1– Charleston Independence 59.1 (West Virginia). Day Celebration. 27. 1 day—July 4th ...... Civic Forum/Civic Forum 4th Portsmouth, OH ...... Ohio River, Mile 355.5–356.5 of July Celebration. (Ohio). 28. 1 day—Second Saturday Guyasuta Days Festival/Bor- Pittsburgh, PA ...... Allegheny River, Mile 005.5– in August. ough of Sharpsburg. 006.0 (Pennsylvania). 29. 1 day—Fourth week of Au- Pittsburgh Foundation/Bob Pittsburgh, PA ...... Ohio River, Mile 0.5–0.0 gust. O’Connor Cookie Cruise. (Pennsylvania). 30. 1 day—Labor Day week- Knoxville Tourism and Sports Knoxville, TN ...... Tennessee River, Mile 647.0– end. Corporation/Boomsday Fes- 648.0 (Tennessee). tival. 31. 1 day—Friday after Chattanooga Presents/Grand Chattanooga, TN ...... Tennessee River, Mile 463.0– Thanksgiving. Illumination. 469.0 (Tennessee). 32. 1 day—December 31 ...... Pittsburgh Cultural Trust/ Pittsburgh, PA ...... Allegheny River Mile, 0.5–1.0 Highmark First Night Pitts- (Pennsylvania). burgh. 33. 1 day—Friday before Pittsburgh Downtown Partner- Pittsburgh, PA ...... Allegheny River, Mile 0.0–1.0 Thanksgiving. ship/Light Up Night. (Pennsylvania). 34. Multiple days—April Pittsburgh Riverhounds/ Pittsburgh, PA ...... Monongahela River, Mile through November. Riverhounds Fireworks. 0.22–0.77. 35. 3 days—Second or third Hadi Shrine/Evansville Free- Evansville, IN ...... Ohio River, Miles 791.0– weekend in June. dom Festival Air Show. 795.0 (Indiana). 36. 1 day—Second or third Friends of the Festival, Inc./ Chattanooga, TN ...... Tennessee River, Mile 463.5– Saturday in June, the last Riverbend Festival Fire- 464.5 (Tennessee). day of the Riverbend Fes- works. tival. 37. 2 days—Second Friday City of Newport, KY/Italianfest Newport, KY ...... Ohio River, Miles 469.6– and Saturday in June. 470.0 (Kentucky and Ohio). 38. 1 day—Last Saturday in City of Aurora/Aurora Fire- Aurora, IN ...... Ohio River Mile, 496.7; 1400 June. cracker Festival. ft. radius from the Consoli- dated Grain Dock located along the State of Indiana shoreline at (Indiana and Kentucky). 39. 1 day—second weekend in City of St. Albans/St. Albans St. Albans, WV ...... Kanawha River, Mile 46.3– June. Town Fair. 47.3 (West Virginia). 40. 1 day—Saturday before PUSH Beaver County/Beaver Beaver, PA ...... Ohio River, Mile 024.3–025.1 July 4th. County Boom. (Pennsylvania). 41. 1 day—4th of July (Rain Monongahela Area Chamber Monongahela, PA ...... Monongahela River, Mile date—July 5th). of Commerce/Monongahela 032.0–033.0 (Pennsyl- 4th of July Celebration. vania). 42. 1 day—Saturday of the last Oakmont Yacht Club/ Oakmont, PA ...... Allegheny River, Mile 12.0– full week in July (Rain Oakmont Yacht Club Fire- 12.5 (Pennsylvania). date—following Sunday). works. 43. 2 days—Week of July 4th Three Rivers Regatta/Three Pittsburgh, PA ...... Ohio River, Mile 0.0–0.5, Alle- River Regatta and Fire- gheny River, Mile 0.0–0.5, works. and Monongahela River, Mile 0.0–0.5 (Pennsyl- vania). 44. 1 day—3rd or 4th of July .. City of Paducah, KY ...... Paducah, KY ...... Ohio River, Mile 931.0–933.0 (Kentucky). 45. 1 day—3rd or 4th of July .. City of Hickman, KY ...... Hickman, KY ...... Lower Mississippi River, Mile 921.0–923.0 (Kentucky). 46. 1 day—During the first Evansville Freedom Celebra- Evansville, IN ...... Ohio River, Miles 791.0– week of July. tion. 795.0 (Indiana). 47. 3 days—One of the first Madison Regatta, Inc./Madi- Madison, IN ...... Ohio River, Miles 555.0– two weekends in July. son Regatta. 560.0 (Indiana). 48. 1 day—July 4th ...... Cities of Cincinnati, OH and Newport, KY ...... Ohio River, Miles 469.6– Newport, KY/July 4th Fire- 470.2 (Kentucky and Ohio). works. 49. 2 days—second weekend Marietta Riverfront Roar/Mari- Marietta, OH ...... Ohio River, Mile 171.6–172.6 in July. etta Riverfront Roar. (Ohio). 50. 1 day—1st weekend in Gallia County Chamber of Gallipolis, OH ...... Ohio River, Mile 269.5–270.5 July. Commerce/Gallipolis River (Ohio). Recreation Festival.

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TABLE 1 OF § 165.801—SECTOR OHIO VALLEY ANNUAL AND RECURRING SAFETY ZONES— Continued

Date Sponsor/name Location Safety zone

51. 1 day—July 4th ...... Kindred Communications/ Huntington, WV ...... Ohio River, Mile 307.8–308.8 Dawg Dazzle. (West Virginia). 52. 1 day—Last weekend in Swiss Wine Festival/Swiss Ghent, KY ...... Ohio River, Mile 537 (Ken- August. Wine Festival Fireworks tucky). Show. 53. 1 day—Saturday of Labor University of Pittsburgh Ath- Pittsburgh, PA ...... Allegheny River, Mile 0.0– Day weekend. letic Department/University 0.25 (Pennsylvania). of Pittsburgh Fireworks. 54. Sunday, Monday, or Thurs- Pittsburgh Steelers/Steeler Pittsburgh, PA ...... Ohio River, Mile 0.3-Alle- day from September through Fireworks. gheny River, Mile 0.2 January. (Pennsylvania). 56. 1 day—Third weekend in Wheeling Heritage Port Wheeling, WV ...... Ohio River, Mile 90.2–90.7 September. Sternwheel Festival Foun- (West Virginia). dation/Wheeling Heritage Port Sternwheel Festival. 57. 1 day—First or second Zambelli Fireworks/American Louisville, KY ...... Ohio River, Miles 602.0– weekend in October. Pyrotechnic Association An- 606.0 (Kentucky). nual Convention Fireworks Display. 58. 1 day—Second weekend Leukemia and Lymphoma So- Nashville, TN ...... Cumberland River, Mile of October. ciety/Light the Nights Fire- 190.0–192.0 (Tennessee). works. 59. 1 day—First week in Octo- Leukemia & Lymphoma Soci- Pittsburgh, PA ...... Ohio River, Mile 0.0–0.4 ber. ety/Light the Night. (Pennsylvania). 60. 1 day—Friday before Duquesne Light/Santa Spec- Pittsburgh, PA ...... Monongahela River, Mile Thanksgiving. tacular. 0.00–0.22, Allegheny River, Mile 0.00–0.25, and Ohio River, Mile 0.0–0.3 (Penn- sylvania).

TABLE 2 OF § 165.801—SECTOR UPPER MISSISSIPPI RIVER ANNUAL AND RECURRING SAFETY ZONES

Sector Upper Mississippi Date Sponsor/name River Safety zone location

1. 1 day—4th weekend of July Marketing Minneapolis LLC/ Minneapolis, MN ...... Upper Mississippi River mile Target Aquatennial Fire- marker 853.2 to 854.2 (Min- works. nesota). 2. 1 day—4th of July weekend Radio Dubuque/Radio Du- Dubuque, IA ...... Upper Mississippi River mile buque Fireworks and Airs marker 581.0 to 583.0 Show. (Iowa). 3. 2 days—2nd weekend of City of Champlin/Father Hen- Champlin, MN ...... Upper Mississippi River mile July. nepin Fireworks Display. marker 870.5 to 872.0 (Min- nesota). 4. 1 day—4th of July weekend Downtown Main Street/Mis- Red Wing, MN ...... Upper Mississippi River mile sissippi Alumination. marker 790.8 to 791.2 (Min- nesota). 5. 1 day—4th of July weekend Tan-Tar-A Resort/Tan-Tar-A Lake of the Ozarks, MO ...... Lake of the Ozarks mile 4th of July Fireworks. marker 025.8 to 026.2 (Mis- souri). 6. 1 day—1st weekend of Sep- Tan-Tar-A Resort/Tan-Tar-A Lake of the Ozarks, MO ...... Lake of the Ozarks mile tember. Fireworks. marker 025.8 to 026.2 (Mis- souri). 7. 1 day—Last Sunday in May Tan-Tar-A Resort/Tan-Tar-A Lake of the Ozarks, MO ...... Lake of the Ozarks mile Memorial Day Fireworks. marker 025.8 to 026.2 (Mis- souri). 8. 1 day—4th of July weekend Lake City Chamber of Com- Lake City, MN ...... Upper Mississippi River mile merce/Lake City 4th of July marker 772.4 to 772.8 (Min- Fireworks. nesota). 9. 1 day—4th of July weekend Greater Muscatine Chamber Muscatine, IA ...... Upper Mississippi River mile of Commerce/Muscatine marker 455.0 to 456.0 4th of July. (Iowa). 10. 1 day—Last weekend in Friends of the River Kansas Kansas City, KS ...... Missouri River mile marker June/First weekend in July. City/KC Riverfest. 364.8 to 365.2 (Kansas). 11. 1 day—4th of July week- Louisiana Chamber of Com- Louisiana, MO ...... Upper Mississippi River mile end. merce/Louisiana July 4th marker 282.0 to 283.0 (Mis- Fireworks. souri).

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TABLE 2 OF § 165.801—SECTOR UPPER MISSISSIPPI RIVER ANNUAL AND RECURRING SAFETY ZONES—Continued

Sector Upper Mississippi Date Sponsor/name River Safety zone location

12. 1 day—2nd weekend in Guttenderg Development and Guttenderg, IA ...... Upper Mississippi River mile July. Tourism/Stars and Stripes marker 614.8 to 615.2 River Day. (Iowa). 13. 4 days—1st or 2nd week Riverfest, Inc./La Crosse La Crosse, WI ...... Upper Mississippi River mile of July. Riverfest. marker 697.5 to 698.5 (Wisconsin). 14. 1 day—4th of July week- Hannibal Jaycees/National Hannibal, MO ...... Upper Mississippi River mile end. Tom Sawyer Days. marker 308.0 to 309.0 (Mis- souri). 15. 1 day—4th of July week- Fort Madison Partner/Fort Fort Madison, WI ...... Upper Mississippi River mile end. Madison Fourth of July marker 383.0 to 384.0 Fireworks. (Wisconsin). 16. 5 days—Last week in Taste of Minnesota/Taste of Minneapolis, MN ...... Upper Mississippi River mile June/First week in July. Minnesota. marker 839.8 to 840.2 (Min- nesota). 17. 1 day—4th of July week- John E. Curran/John E. Lake of the Ozarks, MO ...... Lake of the Ozarks mile end. Curran Fireworks. marker 008.8 to 009.2 (Mis- souri). 18. 1 day—2nd weekend in Prairie du Chien Area Cham- Prairie du Chien, WI ...... Upper Mississippi River mile July. ber of Commerce/Prairie du marker 633.8 to 634.2 Chien Area Chamber Fire- (Wisconsin). works. 19. 1 day—4th of July week- JMP Radio/Red White and Peoria, IL ...... Illinois River mile marker end. Boom Peoria. 162.5 to 162.1 (Illinois). 20. 1 day—Last weekend in Hudson Boosters/Hudson Hudson, WI ...... St. Croix River mile marker June/First weekend in July. Booster Days. 016.8 to 017.2 (Wisconsin). 21. 2 days—4th of July week- City of St. Charles/St. Charles St. Charles, MO ...... Missouri River mile marker end. Riverfest. 028.2 to 028.8 (Missouri). 22. 1 day—4th of July week- Minneapolis Park and Recre- Minneapolis, MN ...... Upper Mississippi River mile end. ation Board/Red, White, marker 853.5 to 854.5 (Min- and Boom Minneapolis. nesota). 23. 1 day—4th of July week- Davenport One Chamber/Red Davenport, IA ...... Upper Mississippi River mile end. White and Boom. marker 482.0 to 482.7 (Iowa). 24. 2 days—3rd weekend of Amelia Earhart Festival Com- Kansas City, KS ...... Missouri River mile marker July. mittee/Amelia Earhart Fes- 422.0 to 424.5 (Kansas). tival. 25. 1 day—4th of July week- Chillicothe Police Department/ Chillicothe, IL ...... Illinois River mile marker end. Chillicothe 4th of July. 179.1 to 180.0 (Illinois). 26. 2 days—2nd weekend in Clinton Riverboat Days/Clin- Clinton, IA ...... Upper Mississippi River mile July. ton Riverboat Days. marker 518.0 to 519.0 (Iowa). 27. 1 day—4th of July week- Harrah’s Casino and Hotel/ Omaha, NE ...... Missouri River mile marker end. Harrah’s Fireworks Extrava- 615.0 to 615.6 (Nebraska). ganza. 28. 1 day—4th of July week- Alton Exposition Commission/ Alton, IL ...... Upper Mississippi River mile end. Mississippi Fireworks Fes- marker 202.5 to 203.0 (Illi- tival. nois). 29. 1 day—3rd Sunday in June Burlington Steamboat Days/ Burlington, IA ...... Upper Mississippi River mile Burlington Steamboat Days. marker 403.5 to 404.5 (Iowa). 30. 1 day—Last Sunday in Lodge of the Four Seasons/ Lake of the Ozarks, MO ...... Lake of the Ozarks mile May. Lodge of the Four Seasons marker 013.8 to 014.2 (Mis- Memorial Day Fireworks. souri). 31. 1 day—First weekend of Lodge of the Four Seasons/ Lake of the Ozarks, MO ...... Lake of the Ozarks mile September. Labor Day Fireworks. marker 013.8 to 014.2 (Mis- souri). 32. 1 day—4th of July week- Lodge of the Four Seasons/ Lake of the Ozarks, MO ...... Lake of the Ozarks mile end. Lodge of the Four Seasons marker 013.8 to 014.2 (Mis- 4th of July. souri). 33. 2 days—3rd weekend in Hasting Riverboat Days/ Hasting, MN ...... Upper Mississippi River mile July. Rivertown Days. marker 813.7 to 815.2 (Min- nesota). 34. 1 day—3rd Sunday in June Winona Steamboat Days/Wi- Winona, MN ...... Upper Mississippi River mile nona Steamboat Days Fire- marker 725.4 to 725.7 (Min- works. nesota). 35. 2 days—4th of July week- Fair of St. Louis/Fair St. Louis St. Louis, MO ...... Upper Mississippi River mile end. marker 179.2 to 180.0 (Mis- souri).

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TABLE 2 OF § 165.801—SECTOR UPPER MISSISSIPPI RIVER ANNUAL AND RECURRING SAFETY ZONES—Continued

Sector Upper Mississippi Date Sponsor/name River Safety zone location

36. Friday and Saturday, every Fair of St. Louis/Live on the St. Louis, MO ...... Upper Mississippi River mile weekend from the 2nd Levee. marker 179.2 to 180.0 (Mis- weekend of July until the souri). 2nd weekend in August. 37. 1 day—Last weekend in Bellevue Heritage Days/Belle- Bellevue, IA ...... Upper Mississippi River mile June/First weekend in July. vue Heritage Days. marker 556.0 to 556.5 (Iowa). 38. 1 day—4th of July week- Main Street Parkway Associa- Parkville, MO ...... Missouri River mile marker end. tion/Parkville 4th of July 378.0 to 377.5 (Missouri). Fireworks. 39. 1 day—4th of July week- Hermann Chamber of Com- Hermann, MO ...... Missouri River mile marker end. merce/Hermann 4th of July. 099.0 to 098.0 (Missouri). 40. 1 day—4th of July week- Grafton Chamber of Com- Grafton, IL ...... Illinois River mile marker end. merce/Grafton Chamber 4th 001.5 to 000.5 (Illinois). of July Fireworks. 41. 1 day—4th of July week- Salute to America Founda- Jefferson City, MO ...... Upper Mississippi River mile end. tion, Inc./Salute to America. marker 143.5 to 143.0 (Mis- souri). 42. 1 day—4th of July week- McGregor/Marquette Cham- McGregor, IA ...... Upper Mississippi River mile end. ber Commerce/Independ- marker 635.7 to 634.2 (Mis- ence Day Celebration. souri). 43. 2 days—2nd weekend in Tug Committee/Great River Port Byron, IL ...... Upper Mississippi River mile August. Tug. marker 497.2 to 497.6 (Illi- nois). 44. 1 day—4th of July week- City of Stillwater/St. Croix Stillwater, MN ...... St. Croix River mile marker end. Events/Stillwater 4th of July. 022.9 to 023.5 (Minnesota). 45. 2 days—3rd weekend of Riverside Riverfest Com- Riverside, MO ...... Missouri River mile marker September. mittee/Riverfest. 372.2 to 371.8 (Missouri). 46. 4 days—3rd week of July .. St. Croix Events/Lumberjack Stillwater, MN ...... St. Croix River mile marker Days. 022.9 to 023.5 (Minnesota). 47. 1 day—3rd week in July .... Rivercade Association/Sioux North Sioux City, SD ...... Missouri River mile marker City Rivercade. 732.2 to 732.6 (Iowa). 48. 2 days—3rd weekend in Lake of the Ozarks Shootout, Lake of the Ozarks, MO ...... Lake of the Ozarks mile August. Inc./Lake of the Ozarks marker 034.5 to 032.5 (Mis- Shootout. souri). 49. 1 day—1st weekend of Camden on the Lakes Labor Lake of the Ozarks, MO ...... Lake of the Ozarks mile September. Day Fireworks/Camden on marker 007.1 to 006.9 (Mis- the Lake. souri). 50. 2 days—1st weekend of City of Keithsburg/Keithsburg Keithsburg, IL ...... Upper Mississippi River mile September. Fireworks Display. marker 427.5 to 427.3 (Mis- souri). 51. 1 day—1st weekend of Au- New Piasa Chautauqua/New Elsah, IL ...... Upper Mississippi River mile gust. Piasa Chautauqua. marker 215.6 to 216.0 (Illi- nois). 52. 1 day—last weekend in Horny Toad, Inc./Horny Toad Lake of the Ozarks, MO ...... Lake of the Ozarks mile May. Fireworks Display. marker 006.8 to 007.2 (Mis- souri). 53. 1 day—4th of July week- Omaha Royals/Omaha World Omaha, NE ...... Missouri River mile marker end. Herald Fireworks. 612.1 to 613.9 (Nebraska). 54. 1 day—Last weekend in Great River Days, Inc./Great Muscatine, IA ...... Upper Mississippi River mile July. River Days. marker 455.0 to 456.0 (Iowa). 55. 1 day—4th of July week- City of East Moline/City of East Moline, IA ...... Upper Mississippi River mile end. East Moline Fireworks. marker 490.2 to 489.8 (Iowa). 56. 2nd Weekend in August .... Lansing Lion’s Club/Lansing Lansing, IA ...... Upper Mississippi River mile Fish Days Fireworks. marker 662.8–663.9 (Iowa). 57. 3rd Weekend in August ..... River Action/Floatzilla ...... Rock Island, Illinois ...... Upper Mississippi River mile marker 479.0–486.0 (Ilinois).

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TABLE 3 OF § 165.801—SECTOR HOUSTON-GALVESTON ANNUAL AND RECURRING SAFETY ZONES

Sector Houston-Galveston Date Sponsor/name location Safety zone

1. 1st Saturday (Rain date is RIVERFEST Fireworks Dis- Neches River, Port Neches, All waters within a 500-yard 1st Sunday) in May. play/Port Neches Chamber TX. radius of the fireworks of Commerce, Port Neches, barge anchored in approxi- TX. mate position 29°59′51″ N 093°57′06″ W (NAD 83). 2. 2nd Saturday in May ...... Contraband Days Fireworks Lake Charles, Lake Charles, All waters within a 1000-foot Display/Contraband Days LA. radius of the fireworks Festivities, Inc. barge anchored in approximate position 30°13′39″ N, 093°13′42″ W, Lake Charles, LA (NAD 83). 3. July 4th night and every Fri- Kemah Board Walk Summer Clear Lake, TX ...... Clear Creek Channel, includ- day night in June and July. Season Fireworks Display, ing the area within an 840- Kemah, TX. foot radius of the fireworks barge on the south side of the channel, 100 ft off of Kemah Boardwalk in Gal- veston, TX and an Rec- tangle extending 500 feet east, 500 feet west; 1000 feet north, and 1000 feet south, centered around fireworks barge at Light 19 on Clear Lake, Houston, TX. 4. July 4th ...... Sylvan Beach Fireworks ...... La Porte, TX ...... Rectangle Extending 250 feet east, 250 feet west; 1000 feet north, and 1000 feet south, centered around fireworks barge located at Syl- van Beach, Houston, TX. 5. July 4th (Rain date July 5th) City of Beaumont 4th of July Neches River at Riverfront All waters of the Neches Celebration/City of Beau- Park, Beaumont, TX. River, shoreline to shore- mont, TX. line, from the Trinity Indus- tries dry dock to the northeast corner of the Port of Beaumont’s dock No. 5. 6. 1st Saturday in December .. Christmas Fireworks Display/ Lake Charles, Lake Charles, All waters within a 1000-foot City of Lake Charles, LA. LA. radius of the fireworks barge anchored in approximate position 30°13′39″ N, 093°13′42″ W, Lake Charles, LA (NAD 83). 7. 4th of July ...... Red, White, Blue and You Lake Charles, LA ...... All waters within a 1000-foot Fireworks Display/City of radius of the fireworks Lake Charles. barge anchored in approximate position 30°13′39″ N, 093°13′42″ W, Lake Charles, LA (NAD 83).

TABLE 4 OF § 165.801—SECTOR CORPUS CHRISTI ANNUAL AND RECURRING SAFETY ZONES

Date Sponsor/name Sector Corpus Christi location Safety zone

1. Memorial Day Weekend ...... South Padre Island Conven- Lower Laguna Madre, South All waters contained within a tion & Visitors Bureau/La- Padre Island, TX. 1000-ft radius of the fire- guna Madre Memorial Day works display barge Firework. moored at approximate location 26°06′19″ N 097°10′55.4″ W, South Padre Island, TX. 2. 2nd, 3rd or 4th Monday in Cameron County Clerk’s Of- Lower Laguna Madre, South All waters contained within a June. fice/Texas District Court Padre Island, TX. 1,000-ft radius of the fire- Clerk′s Convention Fire- works display barge works. moored at approximate position 26°06′19″ N 097°10′55.4″ W, South Padre Island, TX.

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TABLE 4 OF § 165.801—SECTOR CORPUS CHRISTI ANNUAL AND RECURRING SAFETY ZONES— Continued

Date Sponsor/name Sector Corpus Christi location Safety zone

3. July 4th Rain dates of July City of Port Aransas/Port Corpus Christi Ship Chan- All waters contained within a 5th and July 6th. Aransas 4th of July Fire- nel—Port Aransas, TX. 600-ft radius of a point half- works. way between Port Aransas Harbor Day Beacon 2 to Port Aransas Ferry Landing in the Corpus Christi Ship Channel, Port Aransas, TX. 4. July 4th Rain dates of July Buccaneer Commission/4th of USS Lexington/Corpus Chris- All waters contained within a 5th and July 6th. July Big Bang Fireworks. ti, TX. 1,000-ft radius from the bow of the USS Lexington located at approximate position 27°48′50″ N 097°23′18.2″ W, Corpus Christi, TX. 5. July 4th Rain dates of July City of Port O’Connor Cham- King Fisher Park, Port O’Con- All waters contained within a 5th and July 6th. ber of Commerce/4th of nor, TX. 1,120-ft radius of the fur- July Fireworks. thest extent of the King Fisher Pier located at approximate position 28°27′15.6″ N 096°24′11.9″ W, Port O′Connor, TX. 6. July 4th Rain dates of July City of Point Comfort/4th of Bayfront Park, Point Comfort, All waters contained within a 5th and July 6th. July Fireworks. TX. 1,000-ft radius of Bayfront Park located at approximate position 28°40′52.8″ W 096°33′49.2″ W, Point Comfort, TX. 7. July 4th Rain dates of July City of Rockport/Wendell Rockport Beach Park/Rock- All waters contained within a 5th and July 6th. Family Fireworks. port, TX. 700-ft radius of the northeast point of Rockport Beach Park located at approximate position 28°02′05.2″ N 097°02′048″ W, Rockport, TX. 8. Last Saturday in September Bayfest, Inc./Bayfest Fire- USS Lexington/Corpus Chris- All waters contained within a works. ti, TX. 1,000-ft radius from the bow of the USS Lexington located at approximate position 27°48′50″ N 097°23′18.2″ W, Corpus Christi, TX. 9. Friday nights from May thru Boys & Girls Club of Laguna Lower Laguna Madre, South All waters contained within a September. Madre/Fireworks over the Padre Island, TX. 1,000-ft radius of the fire- Bay. works display barge moored at approximate position 26°06′19″ N 097°10′55.4″ W, South Padre Island, TX. 10. Labor Day weekend ...... Laguna Madre Education Lower Laguna Madre, South All waters contained within a Foundation/Laguna Madre Padre Island, TX. 1,000-ft radius of the fire- Labor Day Fireworks. works display barge moored at approximate position 26°06′19″ N 097°10′55.4″ W, South Padre Island, TX. 11. 1st or 2nd Friday and Sat- City of Rockport/Rockport Rockport Beach Park/Rock- All waters contained within a urday in December. ‘‘Tropical’’ Christmas Fes- port, TX. 700-ft radius of the north- tival Fireworks. east point of Rockport Beach Park located at approximate position 28°02′05.2″ N 097°02′048″ W, Rockport, TX. 12. December 30th, 31st or South Padre Island Conven- Lower Laguna Madre, South All waters contained within a Jan 1st. tion & Visitors Bureau/SPI Padre Island, TX. 1,000-ft radius of the fire- New Year′s Fireworks. works display barge moored at approximate position 26°06′19″ N 097°10′55.4″ W, South Padre Island, TX.

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TABLE 4 OF § 165.801—SECTOR CORPUS CHRISTI ANNUAL AND RECURRING SAFETY ZONES— Continued

Date Sponsor/name Sector Corpus Christi location Safety zone

13. Odd Week Fridays from Corpus Christi Hooks Base- Corpus Christi Ship Channel, All waters contained within a April thru September. ball Team/Friday Night Fire- Corpus Christi, TX. 1,000-ft radius of the Cor- works. pus Christi Hooks stadium parking lot located at approximate position 27°48′39.2″ N 097°23′55.2″ W, Corpus Christi, TX. 14. July 4th Rain dates of July City of South Padre Island/ Lower Laguna Madre, South All waters contained within a 5th and July 6th. South Padre Island July 4th Padre Island, TX. 1,000-ft radius of the fire- Fireworks. works display barge moored at approximate position 26°06′19″ N 097°10′55.4″ W, South Padre Island, TX.

TABLE 5 OF § 165.801—SECTOR NEW ORLEANS ANNUAL AND RECURRING SAFETY ZONES

Date Sponsor/name Sector New Orleans location Safety zone

1. Monday before Mardi Gras Riverwalk Marketplace/Lundi Mississippi River, New Orle- Mississippi River mile marker Gras Fireworks Display. ans, LA. 93.0 to 96.0, New Orleans, LA. 2. July 3rd ...... St. John the Baptist/Inde- Mississippi River, Reserve, Mississippi River mile marker pendence Day celebration. LA. 175.0 to 176.0, Reserve, LA. 3. July 4th ...... Riverfront Marketing Group/ Mississippi River, New Orle- Mississippi River mile marker Independence Day Cele- ans, LA. 94.3 to 95.3, New Orleans, bration. LA. 4. July 4th ...... Boomtown Casino/Independ- Harvey Canal, Harvey, LA ..... Harvey Canal mile marker 4.0 ence Day Celebration. to 5.0, Harvey, LA. 5. 4th of July ...... Independence Day Celebra- Morgan City, LA ...... Morgan City Port Allen Route tion, Main Street 4th of July mile marker 0.0 to 1.0, Mor- (Fireworks Display). gan City, LA. 6. July 4th ...... WBRZ—The Advocate 4th of Baton Rouge, LA ...... In the vicinity of the USS July Fireworks Display. Kidd, the Lower Mississippi River from mile marker 228.8 to 230.0, Baton Rouge, LA. 7. The Saturday before July Independence Day Celebra- Grand Isle, LA ...... 500 Foot Radius from the 4th or on July 4th if that day tion/Bridge Side Marine. Pier located at Bridge Side is a Saturday. Marine, 2012 LA Highway 1, Grand Isle, LA (Lat: 29°12′14″ N; Long: 090°02′28.47″ W). 8. 1st Weekend of September LA Shrimp and Petroleum Morgan City, LA ...... Atchafalaya River at mile Festival Fireworks Display, marker 118.5, Morgan City, LA Shrimp and Petroleum LA. Festival and Fair Associa- tion. 9. 1st Weekend in December Office of Mayor-President/ Baton Rouge, LA ...... Located on Left Descending (Usually that Friday, subject Downtown Festival of Bank, Lower Mississippi to change due to weather). Lights. River north of the USS Kidd, at mile marker 230, Baton Rouge, LA. 10. December 31st ...... Crescent City Countdown Mississippi River, New Orle- Mississippi River mile marker Club/New Year’s Celebra- ans, LA. 93.5–96.5, New Orleans, tion. LA. 11. December 31st ...... Boomtown Casino/New Harvey Canal, Harvey, LA ..... Harvey Canal mile marker 4.0 Year’s Celebration. to 5.0, Harvey, LA. 12. July 4th ...... USS Kidd Veterans Memorial/ Baton Rouge, LA ...... In the vicinity of the USS Fourth of July Star-Span- Kidd, the Lower Mississippi gled Celebration. River from mile marker 228.8 to 230.0, Baton Rouge, LA.

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TABLE 6 OF § 165.801—SECTOR LOWER MISSISSIPPI RIVER ANNUAL AND RECURRING SAFETY ZONES

Sector Lower MS River loca- Date Sponsor/name tion Safety zone

1. The Sunday before Memo- Riverfest Inc./Riverfest Fire- Arkansas River, Little Rock, Regulated Area: Arkansas rial Day. works display. AR. River mile marker 118.8 to 119.5, Main Street Bridge, Little Rock, AR. 2. The Saturday before Memo- Memphis in May/Sunset Sym- Lower Mississippi River, Regulated Area: Lower Mis- rial Day. phony Fireworks Display. Memphis, TN. sissippi River mile marker 735.0 to 736.0, Memphis, TN. 3. July 4th or the weekend be- Fourth of July Fireworks/ Lower Mississippi River, Regulated Area: Lower Mis- fore. Memphis Center City Com- Memphis, TN. sissippi River mile marker mission. 735.5 to 736.5, Mud Island, Memphis, TN. 4. July 4th or the weekend be- Pops on the River Fireworks Arkansas River, Little Rock, Regulated Area: Arkansas fore. Display/Arkansas Democrat AR. River mile marker 118.8 to Gazette. 119.5, Main Street Bridge, Little Rock, AR. 5. July 4th or the weekend be- Uncle Sam Jam Fireworks, Red River, Alexandria, LA ..... Regulated Area: Red River fore. Alexandria, LA/Champion mile marker 83.0 to 87.0, Broadcasting of Alexandria. Alexandria, LA. 6. July 4th or the weekend be- Greenville Chamber of Com- Lake Ferguson, Greenville, Regulated Area: Waters of fore. merce/Fourth of July Fire- MS. Lake Ferguson extending works. 500 yards in all directions from the concrete pad, 33°24′34″ N, 091°03′58″ W, adjacent to the Lighthouse Casino, Greenville, MS. 7. July 4th or the weekend be- Pyro Fire Inc./Fourth of July Yazoo River, Vicksburg, MS .. Regulated Area: Yazoo River, fore. Celebration. mile marker 1.0 to 3.0, Vicksburg, MS. 8. July 4th or the weekend be- Artisan Pyro Inc./Fourth of Lower Mississippi River, Regulated Area: Lower Mis- fore. July Celebration. Natchez, MS. sissippi River, mile marker 365.5 to 364.5, Natchez, MS. 9. Third Friday and Saturday in The Great Mississippi River Lower Mississippi River, Regulated Area: Lower Mis- October Balloon Race and Fire- Natchez, MS. sissippi River, mile marker works show/Great Mis- 365.5 to 364.5, Natchez, sissippi River Balloon Race MS. Committee. 10. Fourth Saturday in May ..... Memphis in May Air Show, Lower Mississippi River, Regulated Area: Lower Mis- Memphis in May. Memphis, TN. sissippi River, mile marker 733.0 to 735.5, Memphis, TN. 11. First Saturday in Decem- Monroe Christmas Fireworks/ Ouachita River, Monroe, LA .. Regulated Area: Ouachita ber. Monroe Jaycee. River mile marker 168.0 to 169.0, Monroe, LA. 12. 4th of July Weekend ...... Monroe Renaissance ...... Ouachita River, Monroe, LA .. Regulated Area: Ouachita River mile marker 168.0 to 169.0, Monroe, LA.

TABLE 7 OF § 165.801—SECTOR MOBILE ANNUAL AND RECURRING MARINE EVENTS

Date Sponsor/name Sector Mobile location Safety zone

1. 1 Day; 1st week of January GoDaddy Bowl/GoDaddy.com Mobile Channel, Mobile, AL ... Mobile Channel, all waters extending 200 yards in all directions from a fireworks display barge located in the Mobile Channel between the Arthur R. Outlaw Con- vention Center and Cooper Riverside Park. 2. Multiple dates from May to Harbor Walk Seasonal Fire- East Pass to Choctawhatchee East Pass to Choctawhatchee December. works/Legendary, Inc. Bay, Destin, FL. Bay, all waters extending 700′ in all directions from a fireworks display barge located in the East Pass.

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TABLE 7 OF § 165.801—SECTOR MOBILE ANNUAL AND RECURRING MARINE EVENTS—Continued

Date Sponsor/name Sector Mobile location Safety zone

3. 2 Days; 1st weekend in Billy Bowlegs Pirate Festival/ Santa Rosa Sound, Ft. Wal- Santa Rosa Sound, all waters June. Greater Fort Walton Beach ton Beach, FL. extending 150 yards around Chamber of Commerce. a fireworks display barge that will be located between Fort Walton Beach Landing and the Gulf Intracoastal Waterway. 4. July 4th ...... Niceville July 4th Fireworks Boggy Bayou, Niceville, FL .... Boggy Bayou, all waters ex- Show/City of Niceville, FL. tending 250 yards around a fireworks display barge that will be located west of the Dockside Cafe´ & Oyster Bar and Allen’s Little Ma- rina. 5. July 4th ...... Fourth of July Celebration/ Santa Rosa Sound, Fort Wal- Santa Rosa Sound, all waters City of Fort Walton Beach. ton Beach. extending 100 yards around a fireworks display barge that will be located between Fort Walton Beach Landing and the Gulf Intracoastal Waterway. 6. 1 Day; Last week in June or Sound of Independence/ Santa Rosa Sound, Mary Es- Santa Rosa Sound, all waters 1st week of July. Hurlburt Field AFB. ther, FL. extending 200 yards around a fireworks display barge that will be located south of Hurlburt Field. 7. July 4th ...... Biloxi Bay Fireworks/Biloxi Biloxi Bay, Biloxi, MS ...... Biloxi Bay, all waters extend- Bay Chamber of Commerce. ing 200 yards around a fireworks display barge that will be located south of the Biloxi Channel, between channel markers R‘‘20’’ and R‘‘22’’ and north of Deer Is- land. 8. December 31st/January 1st New Year’s Eve Celebration/ Mobile Channel, Mobile, AL ... Mobile Channel, all waters City of Mobile. extending 200 yards in all directions from a fireworks display barge located in the Mobile Channel between the Arthur R. Outlaw Con- vention Center and Cooper Riverside Park. 9. Biannually occurring during Angels Over the Bay/Keesler Back Bay Biloxi, Biloxi, MS .... Back Bay Biloxi, Bounded by odd numbered years; 2 Air Force Base. the following coordinates: Days; Mid-March to end of Eastern boundary; Latitude April. 30°25′47.6″ N, Longitude 088°54′13.6″ W, to Latitude 30°24′43″ N, Longitude 088°54′13.6″ W. Western Boundary; Latitude 30°25′25.6″ N, Longitude 088°56′9″ W, to Latitude 30°24′55″ N, Longitude 088°56′9″ W. 10. 4 Days; 2nd weekend in Pensacola Beach Air Show/ Gulf of Mexico & Santa Rosa Gulf of Mexico to include all July. Santa Rosa Island Authority. Sound, Pensacola, FL. waters 1.75 nautical miles east and 1.5 nautical miles west of position 30°19′36″ N, 087°08′23″ W and extending 1000 yards south of Pensacola Beach creating a box, referred to as the ‘‘Show Box’’. Santa Rosa Sound to include all waters from Deer Point to Sharp Point and all waters within Little Sabine Bay.

[USCG–2011–0286, 77 FR 12465, Mar. 1, 2012; 77 FR 28767, May 16, 2012, as amended by USCG– 2013–1060, 79 FR 22404, Apr. 22, 2014]

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§ 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 Adams Light, mile 311.5 AHP along the any regulation in this section if it is low water reference plane above the found that the proposed operation can right descending bank; thence to the be conducted safely under the terms of levee on a line perpendicular to the that waiver. channel centerline; thence along the (2) Each written request for a waiver levee to the upstream end of the Old must state the need for the waiver and River Overbank structure; thence describe the proposed operation. along a line to the Black Hawk Point (3) Under unusual circumstances due Light. to time constraints, the person in (b) Any vessel desiring to enter this charge may orally request an imme- safety zone must first obtain permis- diate waiver from the COTP. The writ- sion from the Captain of the Port, New ten request for a waiver must be sub- Orleans. The resident engineer at Old mitted within five working days after River Control Structure (WUG–424) is the oral request. delegated the authority to permit (4) The COTP may, at any time, ter- entry into this safety zone. minate any waiver issued under this subsection. [CGD8–87–10, 53 FR 15207, Apr. 28, 1988, as amended by CGD8 89–03, 54 FR 16108, Apr. 21, (c) Emergencies. In an emergency, a 1989] person may depart from any regulation in this section to the extent necessary § 165.803 Mississippi River—regulated to avoid immediate danger to persons, navigation area. property or the environment. The following is a Regulated Naviga- (d) Mooring: General. (1) No person tion Area—The waters of the Mis- may secure a barge to trees or to other sissippi River between miles 88 and 240 vegetation. above Head of Passes. (2) No person may allow a barge to be (a) Definitions. As used in this sec- moored with unraveled or frayed lines tion: or other defective or worn mooring. (1) Breakaway means a barge that is (3) No person may moor barges side adrift and is not under the control of a to side unless they are secured to each towing vessel. other from fittings as close to each cor- (2) COTP means the Captain of the ner of abutting sides as practicable. Port, New Orleans. (4) No person may moor barges end to (3) Fleet includes one or more tiers. end unless they are secured to each (4) Fleeting facility means the geo- other from fittings as close to each cor- graphic area along or near a river bank ner of abutting ends as practicable. at which a barge mooring service, ei- (e) Mooring to a mooring device. (1) A ther for hire or not for hire, is estab- barge may be moored to mooring de- lished. vices if the upstream end of that barge (5) Mooring barge or spar barge means is secured to at least one mooring de- a barge moored to mooring devices and vice and the downstream end is secured to which other barges may be moored. to at least one other mooring device, (6) Mooring device includes a except that from mile 127 to mile 240 a deadman, anchor, pile or other reliable barge may be moored to mooring de- holding apparatus. vices if the upstream end of that barge (7) Person in charge includes any is secured to at least one mooring de- owner, agent, pilot, master, officer, op- vice. erator, crewmember, supervisor, dis- (2) Barges moored in tiers may be patcher or other person navigating, shifted to mooring devices if the shore- controlling, directing or otherwise re- ward barge at the upstream end of the sponsible for the movement, action, se- tier is secured to at least one mooring curing, or security of any vessel, barge, device, and the shoreward barge at the

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downstream end of the tier is secured requirements in paragraph (h)(2) of this to at least one other mooring device, section. except that from mile 127 to mile 240 (2) The person assigned to inspect barges moored in tiers may be shifted moorings shall inspect: to mooring devices if the shoreward (i) At least twice each day during pe- barge at the upstream end of the tier is riods that are six hours or more apart, secured to at least one mooring device. each mooring wire, chain, line and con- (3) Each wire rope used between the necting gear between mooring devices upstream end of a barge and a mooring and each wire, line and connecting device must have at least a diameter of equipment used to moor each barge; and 11⁄4 inch. Chain or line used between the upstream end of a barge and a mooring (ii) After a towboat adds barges to, device must be at least equivalent in withdraws barges from, or moves barges at a fleeting facility, each strength to 11⁄4 inch diameter wire rope. mooring wire, line, and connecting equipment of each barge within each (4) Each wire rope used between the tier affected by that operation. downstream end of a barge and a moor- (3) The person who inspects moorings ing device must have at least a diame- shall take immediate action to correct 7 ter of ⁄8 inch. Chain or line used be- each deficiency. tween the downstream end of a barge (i) Fleeting facility: Records. The per- and a mooring device must be of at son in charge of a fleeting facility shall 7 least equivalent strength of ⁄8 inch di- maintain, and make available to the ameter wire rope. Coast Guard, records containing the (f) Moorings: Barge-to-barge; barge- following information: to-vessel; barge-to-wharf or pier. The (1) The time of commencement and person in charge shall ensure that a termination of each inspection re- barge moored to another barge, a quired in paragraph (h)(2) of this sec- mooring or spar barge, a vessel, a tion. wharf, or a pier, is secured as near as (2) The name of each person who practicable to each abutting corner of makes the inspection required in para- the barge being moored by: graph (h)(2) of this section. (1) Three parts of wire rope of at (3) The identification of each barge least 7⁄8 inch diameter with an eye at entering and departing the fleeting fa- each end of the rope passed around the cility, along with the following infor- timberhead, caval, or button; mation: (2) A mooring of natural or synthetic (i) Date and time of entry and depar- fiber rope that has at least 75 percent ture; and of the breaking strength of three parts (ii) The names of any hazardous of 7⁄8 inch diameter wire rope; or cargo which the barge is carrying.

(3) Fixed rigging that is at least NOTE: The requirements in paragraph (i)(3) equivalent to three parts of 7⁄8 inch di- of this section for the listing of hazardous ameter wire rope. cargo refer to cargoes regulated by Sub- (g) Mooring: Person in charge. (1) The chapters D and O of Chapter I, Title 46, Code person in charge of a barge, tier, fleet of Federal Regulations. or fleeting facility shall ensure that (j) Fleeting facility: Surveillance. (1) the barge, tier, fleet or fleeting facility The person in charge of a fleeting facil- meets the requirements in paragraphs ity shall assign a person to be in con- (d) and (e) of this section. tinuous surveillance and to observe the (2) The person in charge shall ensure barges in the fleeting facility. Joint that all mooring devices, wires, chains, use of this person by adjacent facilities lines and connecting gear are of suffi- may be considered upon submission of cient strength and in sufficient number a detailed proposal for a waiver to the to withstand forces that may be ex- COTP. erted on them by moored barges. (2) The person who observes the (h) Fleeting facility: inspection of moor- barges shall: ings. (1) The person in charge of a fleet- (i) Inspect for movements that are ing facility shall assign a person to in- unusual for properly secured barges; spect moorings in accordance with the and

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(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 (l) Securing breakaways. The person in Communications Commission regula- charge shall take immediate action to: tions found in Part 83 of Title 47, Code (1) Secure each breakaway; and of Federal Regulations; and (2) Report each breakaway as soon as (B) When moored, a continuous possible to the COTP by telephone, watch on the barges in the fleeting fa- radio or other means of rapid commu- cility. nication. (v) During periods when visibility is (m) High water. (1) This subsection less than 200 yards, the person in applies to barges on the Mississippi charge of each towboat required in River between miles 88 and 240 above paragraph (m)(2)(i) of this subsection Head of Passes when: shall maintain, when moored, a contin- (i) The Carrollton gage stands 12 feet uous radar surveillance of the barges or more; or moored in the fleeting facility. (ii) The Carrollton gage stands 10 (3) During high water when visibility feet, the U.S. Army Corps of Engineers is reduced to less than 200 yards: forecasts the Mississippi River is rising (i) Tows may not be assembled or dis- to 12 feet, and the District Commander assembled; determines these circumstances to be (ii) No barge may be added to, with- especially hazardous and issues orders drawn from or moved within a fleet ex- directing that paragraphs (m)(2) and (3) cept: of this section are in effect. (A) A single barge may be added to or (2) During high water, the person in withdrawn from the channelward or charge of a fleeting facility shall en- downstream end of the fleet; and sure compliance with the following re- (B) Barges made up in a tow may de- quirements: part a fleet from the channelward or downstream end of the fleet; and (i) Each fleet consisting of eight or more barges must be attended by at (iii) No person in charge of a tow ar- last one radar-equipped towboat for riving in this regulated navigation area each 100 barges or less. Joint use of may moor unless the COTP is notified this towboat by adjacent facilities may prior to arrival in the regulated navi- be considered upon submission of a de- gation area. tailed proposal for a waiver. [CGD 79–034, 47 FR 29660, July 8, 1982, as (ii) Each fleet must have two or more amended by CGD 82–020, 47 FR 35483, Aug. 16, towboats in attendance when: 1982; CGD 79–026, 48 FR 35408, Aug. 4, 1983; (A) Barges are withdrawn from or CGD 88–075, 54 FR 14958, Apr. 14, 1989; CGD08– 94–006, 59 FR 21935, Apr. 28, 1994; CGD08–94– moved within the fleet and the fleet at 006, 60 FR 37944, July 25, 1995] the start of the operation contains eight or more barges; or § 165.804 Snake Island, Texas City, (B) Barges are added to the fleet and Texas; mooring and fleeting of ves- the number of barges being added plus sels—safety zone. the fleet at the start of the operation (a) The following is a safety zone: total eight or more. (1) The west and northwest shores of (iii) Each towboat required in para- Snake Island; graphs (m)(2)(i) and (2)(ii) of this sec- (2) The Turning Basin west of Snake tion must be: Island; (A) Capable of safely withdrawing, (3) The area of Texas City Channel moving or adding each barge in the from the north end of the Turning fleet; Basin to a line drawn 000° true from the (B) Immediately operational; northwesternmost point of Snake Is- (C) Radio-equipped; land.

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(b) Special regulations. All vessels are and extending channel edge to channel prohibited from mooring, anchoring, or edge on the Calcasieu Channel and otherwise stopping in the safety zone, shoreline to shoreline on the Calcasieu except in case of an emergency. River, 2 miles ahead and 1 mile astern (c) Barges are prohibited from fleet- of certain designated vessels while in ing or grounding in the zone. transit. Meeting, crossing or over- (d) In an emergency, vessels shall ad- taking situations are not permitted vise the Captain of the Port, Houston- within the security zone unless specifi- Galveston, of the nature of the emer- cally authorized by the Captain of the gency via the most rapid means avail- Port. Coast Guard patrol assets will be able. on scene with flashing blue lights ener- [CGD 79–034, 47 FR 29660, July 8, 1982, as gized when the moving security zones amended by USCG–2000–7223, 65 FR 40058, are in effect. June 29, 2000] (b) Regulations. (1) Entry into or re- EFFECTIVE DATE NOTE: By USCG–2014–0034, maining in a fixed zone described in 79 FR 19292, Apr. 8, 2014, § 165.804 was re- paragraph (a)(1) of this section is pro- moved, effective July 7, 2014. hibited for all vessels except: (i) Commercial vessels operating at § 165.805 Security Zones; Calcasieu waterfront facilities within these River and Ship Channel, Louisiana. zones; (a) Location. (1) The following areas (ii) Commercial vessels transiting di- are designated as fixed security zones rectly to or from waterfront facilities (all coordinates are based upon North within these zones; American Datum of 1983 [NAD 83]): (iii) Vessels providing direct oper- (i) Trunkline LNG basin. All waters ational or logistical support to com- encompassed by a line connecting the mercial vessels within these zones; ° ′ ″ following points, beginning at 30 06 36 (iv) Vessels operated by the appro- ° ′ ″ ° ′ ″ N, 93 17 36 W, south to a point 30 06 33 priate port authority or by facilities ° ′ ″ ° ′ ″ N, 93 17 36 W, east to a point 30 06 30 located within these zones; and ° ′ ″ ° ′ ″ N, 93 17 02 W, north to a point 30 06 33 (v) Vessels operated by federal, state, ° ′ ″ N, 93 17 01 W, then tracing the shore- county, or municipal agencies. line along the water’s edge to the point (2) Entry into or remaining in mov- of origin. ing zones described in paragraph (a)(2) (ii) Cameron LNG basin. All waters en- of this section is prohibited for all ves- compassed by a line connecting the fol- sels except: lowing points, beginning at 30°02′33″ N, 093°19′53″ W, east to a point at 30°02′34″ (i) Moored vessels or vessels anchored N, 093°19′50″ W, south to a point at in a designated anchorage area. A 30°02′10″ N, 093°19′52″ W and west to a moored or an anchored vessel in a secu- point at 30°02′10″ N, 93°19′59″ W, then rity zone described in paragraph (a)(2) tracing the shoreline along the water’s of this section must remain moored or edge to the point of origin. anchored unless it obtains permission (iii) PPG Industries basin. All waters from the Captain of the Port to do oth- encompassed by a line connecting the erwise; following points: Beginning at 30°13′29″ (ii) Commercial vessels operating at N, 93°16′34″ W, southwest to a point at waterfront facilities located within the 30°13′11″ N, 93°16′51″ W, then proceeding zone; southerly following 100 feet off the (iii) Vessels providing direct oper- shoreline to a point at 30°12′57.2″ N, ational support to commercial vessels 93°16′53.2″ W, then east to a point at within a moving security zone; 30°12′57.2″ N, 93°16′50.6″ W then south- (iv) Vessels operated by federal, erly to a point at 30°12′47.7″ N, state, county, or municipal agencies. 93°16′50.3″ W then west to the shoreline (3) Other persons or vessels requiring and then following along the water’s entry into security zones described in edge to the point of origin. this section must request permission (2) The following areas are moving from the Captain of the Port, Port Ar- security zones: All waters within the thur or designated representatives. Captain of the Port, Port Arthur zone (4) To request permission as required commencing at U.S. territorial waters by these regulations, contact Marine

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Safety Unit Lake Charles at (337) 491– Texas, tows on a hawser of 1000 gross 7800 or the on scene patrol vessel. tons or greater transiting the (5) All persons and vessels within a Calcasieu River are prohibited unless security zone described in this section such tows have a tug of sufficient must comply with the instructions of horsepower made up to the tow in such the Captain of the Port, Port Arthur, a manner as to insure that complete designated on-scene U.S. Coast Guard and effective control is maintained at patrol personnel or other designated all times. Inbound vessels only, may representatives. On-scene U.S. Coast shift the tow or pick up an additional Guard patrol personnel include com- tug within 100 yards inside the en- missioned, warrant, and petty officers trance jetties provided that such ac- of the U.S. Coast Guard. Designated tion is necessary for reasons for pru- representatives include federal, state, dent seamanship. local and municipal law enforcement [CGD8–83–09, 49 FR 35500, Sept. 10, 1984] agencies. (c) Informational broadcasts: The Cap- § 165.808 Corpus Christi Ship Channel, tain of the Port, Port Arthur will in- Corpus Christi, TX, safety zone. form the public when moving security (a) The following areas are estab- zones have been established around lished as safety zones during specified vessels via Broadcast Notices to Mari- conditions: ners and written notice provided by escort vessels. (1) For incoming tank vessels loaded with Liquefied Petroleum Gas, the [USCG–2009–0317, 75 FR 18757, Apr. 13, 2010] waters within a 500 yard radius of the LPG carrier while the vessel transits § 165.806 Sabine Neches Waterway, the Corpus Christi Ship Channel to the Texas—regulated navigation area. LPG receiving facility. The safety zone (a) The following is a regulated navi- remains in effect until the LPG vessel gation area—The Sabine Neches Water- is moored at the LPG receiving facil- way which includes the following ity. waters: Sabine Pass Channel, Port Ar- (2) For outgoing tank vessels loaded thur Canal, Sabine Neches Canal, with LPG, the waters within a 500 yard Neches River, Sabine River and all nav- radius of the LPG carrier while the igable waterways tributary thereto. vessel departs the LPG facility and (b) Unless otherwise authorized by transits the Corpus Christi Ship Chan- the Captain of the Port, Port Arthur, nel. The safety zone remains in effect Texas, tows on a hawser of 1000 gross until the LPG vessel passes the sea- tons or greater transiting the Sabine- ward extremity of the Aransas Pass Neches Waterway are prohibited unless Jetties. such tows have a tug of sufficient (b) The general regulations governing horsepower made up to the tow in such safety zones contained in 33 CFR 165.23 a manner as to insure that complete apply. and effective control is maintained (c) The Captain of the Port will no- throughout the transit. Inbound vessels tify the maritime community of peri- only, may shift the tow or pick up an ods during which this safety zone will additional tug within 100 yards inside be in effect by providing advance no- the entrance jetties provided that such tice of scheduled arrivals and depar- action is necessary for reasons of pru- tures of loaded LPG vessels via a Ma- dent seamanship. rine Safety Information Broadcast No- [CGD8–83–09, 49 FR 35500, Sept. 10, 1984] tice to Mariners. [CGD 8–84–07, 50 FR 15744, Apr. 22, 1985; 50 FR § 165.807 Calcasieu River, Louisiana— 19933, May 13, 1985] regulated navigation area. (a) The following is a regulated navi- § 165.809 Security Zones; Port of Port gation area—The Calcasieu River from Lavaca-Point Comfort, Point Com- the Calcasieu jetties up to and includ- fort, TX and Port of Corpus Christi ing the Port of Lake Charles. Inner Harbor, Corpus Christi, TX. (b) Unless otherwise authorized by (a) Location. The following area is the Captain of the Port, Port Arthur, designated as a security zone: all

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waters of the Corpus Christi Inner Har- (2) Speed; high-water precautions. bor from the Inner Harbor Bridge (U.S. When passing another vessel (in mo- Hwy 181) to, and including the Viola tion, anchored, or tied up), a wharf or Turning Basin. other structure, work under construc- (b) Regulations. (1) No recreational tion, plant engaged in river and harbor vessels, passenger vessels, or commer- improvement, levees withstanding cial fishing vessels may enter the secu- flood waters, building partially or rity zone unless specifically authorized wholly submerged by high water, or by the Captain of the Port Corpus any other structure liable to damage Christi or a designated representative. by collision, suction or wave action, (2) Recreational vessels, passenger vessels shall give as much leeway as vessels and commercial fishing vessels circumstances permit and reduce their requiring entry into the security zone speed sufficiently to preclude causing must contact the Captain of the Port damages to the vessel or structure Corpus Christi or a designated rep- being passed. Since this subparagraph resentative. The Captain of the Port pertains directly to the manner in may be contacted via VHF Channel 16 which vessels are operated, masters of or via telephone at (361) 888–3162 to vessels shall be held responsible for seek permission to transit the area. If strict observance and full compliance permission is granted, all persons and therewith. During high river stages, vessels must comply with the instruc- floods, or other emergencies, the Dis- tions of the Captain of the Port, Corpus trict Commander may prescribe by Christi or a designated representative. navigation bulletins or other means (3) Designated representatives in- the limiting speed in land miles per clude U.S. Coast Guard commissioned, hour deemed necessary for the public warrant, and petty officers. safety for the entire section or any (c) Authority. In addition to 33 U.S.C. part of the waterways covered by this 1231, the authority for this section in- paragraph, and such limiting speed cludes 33 U.S.C. 1226. shall be strictly observed. (3) Towing. Towing in any formation [COTP Corpus Christi–02–003, 67 FR 64046, Oct. 17, 2002, as amended by COTP Corpus by a vessel with insufficient power to Christi–04–006, 70 FR 39178, July 7, 2005] permit ready maneuverability and safe handling is prohibited. § 165.810 Mississippi River, LA-regu- (c) [Reserved] lated navigation area. (d) Navigation of South and South- (a) Purpose and applicability. This sec- west Passes. tion prescribes rules for all vessels op- (1) No vessel, except small craft and erating in the Lower Mississippi River towboats and tugs without tows, shall below mile 233.9 above Head of Passes enter either South Pass or Southwest including South Pass and Southwest Pass from the Gulf until after any de- Pass, to assist in the prevention of scending vessel which has approached allisions; collisions and groundings so within two and one-half (21⁄2) miles of as to ensure port safety and protect the the outer end of the jetties and visible navigable waters of the Mississippi to the ascending vessel shall have River from environmental harm result- passed to sea. ing from those incidents, and to en- (2) No vessel having a speed of less hance the safety of passenger vessels than ten mph shall enter South Pass moored or anchored in the Mississippi from the Gulf when the stage of the River. Mississippi River exceeds 15 feet on the (b) Lower Mississippi River below Carrollton Gage at New Orleans. This mile 233.9 above Head of Passes includ- paragraph does not apply when South- ing South and Southwest Passes: west Pass is closed to navigation. (1) Supervision. The use, administra- (3) No vessel, except small craft and tion, and navigation of the waterways towboats and tugs without tows, as- to which this paragraph applies shall cending South Pass shall pass Franks be under the supervision of the District Crossing Light until after a descending Commander, Eighth Coast Guard Dis- vessel shall have passed Depot Point trict. Light.

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(4) No vessel, except small craft and present in the machinery spaces or in towboats and tugs without tows, shall the machinery-control spaces and must enter the channel at the head of South consist of at least an appropriately li- Pass until after an ascending vessel censed or credentialed engineer officer. which has reached Franks Crossing (2) Before embarking a pilot when en- Light shall have passed through into tering or getting under way in the the river. RNA, the master of each vessel shall (5) When navigating South Pass dur- ensure that the vessel is in compliance ing periods of darkness no tow shall with 33 CFR part 164. consist of more than one towed vessel (3) The master shall ensure that the other than small craft, and during day- chief engineer has certified that the light hours no tow shall consist of following additional operating condi- more than two towed vessels other tions will be satisfied so long as the than small craft. Tows may be in any vessel is under way within the RNA: formation. When towing on a hawser, (i) The main propulsion plant is in all the hawser shall be as short as prac- respects ready for operations including ticable to provide full control at all the main-propulsion air-start systems, times. fuel systems, lubricating systems, cool- (6) When towing in Southwest Pass ing systems, and automation systems; during periods of darkness no tow shall (ii) Cooling, lubricating, and fuel-oil consist of more than two towed vessels systems are at proper operating tem- other than small craft, and during day- peratures; light hours no tow shall consist of (iii) Main propulsion machinery is more than three towed vessels other available to immediately respond to than small craft. the full range of maneuvering com- (e) Watch requirements for anchored mands any load-limiting programs or and moored passenger vessels. automatic acceleration-limiting pro- (1) Passenger vessels. Except as programs that would limit the speed of re- vided in paragraph (e)(2) of this sec- sponse to engine orders beyond that tion, each passenger vessel with one or needed to prevent immediate damage more passengers on board, must— to the propulsion machinery are capa- (i) Keep a continuously manned pilot- ble of being overridden immediately. house; and (iv) Main-propulsion standby systems (ii) Monitor river activities and ma- are ready to be immediately placed in rine VHF, emergency and working fre- service. quencies of the port, so as to be imme- (g) [Reserved] diately available to take necessary ac- NOTE TO § 165.810: Control Light provisions tion to protect the vessel, crew, and (previously referenced in paragraph (c) of passengers if an emergency radio this section) used to manage vessel traffic during periods of high waters in the vicinity broadcast, danger signal, or visual or of Algiers Point are located in 33 CFR other indication of a problem is re- 161.65(c). The special operating requirements ceived or detected. (previously referenced in paragraph (g) of (2) Each ferryboat, and each small this section) used to manage vessel traffic in passenger vessel to which 46 CFR the vicinity of Eighty-one Mile Point are lo- 175.110 applies, may monitor river ac- cated in 33 CFR 161.65(e). tivities using a portable radio from a (Sec. 104, Pub. L. 92–340, 86 Stat. 424 (33 vantage point other than the pilot- U.S.C. 1224); sec. 2, Pub. L. 95–474, 92 Stat. house. 1471 (33 U.S.C. 1223); 49 CFR 1.46(n)(4)) (f) Each self-propelled vessel of 1,600 [CGD 75–082, 42 FR 51759, Sept. 29, 1977] or more gross tons subject to 33 CFR EDITORIAL NOTE: For FEDERAL REGISTER ci- part 164 shall also comply with the fol- tations affecting § 165.810, see the List of CFR lowing: Sections Affected, which appears in the (1) While under way in the RNA, each Finding Aids section of the printed volume vessel must have an engineering watch and at www.fdsys.gov. capable of monitoring the propulsion system, communicating with the § 165.811 Atchafalaya River, Berwick bridge, and implementing manual-con- Bay, LA-regulated navigation area. trol measures immediately when nec- (a) The following is a regulated navi- essary. The watch must be physically gation area: the waters of the

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Atchafalaya River in Berwick Bay (2) All tows carrying cargoes of par- bounded on the northside from 2,000 ticular hazard as defined in § 160.203 of yards north of the U.S. 90 Highway this chapter must have available horse- Bridge and on the southside from 4,000 power of at least 600 hp or three times yards south of the Southern Pacific the length of tow, whichever is greater. Railroad (SPRR) Bridge. (f) Notice of Requirements. Notice that (b) Within the regulated navigation these rules are anticipated to be put area described in paragraph (a) of this into effect, or are in effect, will be section, § 161.40 of this chapter estab- given by: lishes a VTS Special Area for waters (1) Marine information broadcasts; within a 1000 yard radius of the SPRR (2) Notices to mariners; Bridge. (3) Vessel Traffic Center advisories or (c) When the Morgan City River upon vessel information request; and gauge reads 3.0 feet or above mean sea level, in addition to the requirements [CGD 90–020, 59 FR 36334, July 15, 1994, as set forth in § 161.13 of this chapter, the amended by CGD 95–033, 60 FR 28333, May 31, 1995; CGD08–06–023, 72 FR 27741, May 17, 2007] requirements of paragraph (d) and (e) of this section apply to a towing vessel § 165.812 Security Zones; Lower Mis- which will navigate: sissippi River, Southwest Pass Sea (1) under the lift span of the SPRR Buoy to Mile Marker 96.0, New Or- Bridge; or leans, LA. (2) through the navigational opening (a) Location. Within the Lower Mis- of the U.S. 90 Highway Bridge: or sissippi River and Southwest Pass, (3) through the navigational opening moving security zones are established of the Highway 182 Bridge. around all cruise ships between the (d) Towing requirements. (1) Towing on Southwest Pass Entrance Lighted a hawser is not authorized, except that Buoy ‘‘SW’’, at approximate position one self-propelled vessel may tow one 28°52′42″ N, 89°25′54″ W [NAD 83] and other vessel without barges upbound; Lower Mississippi River mile marker (2) A towing vessel and barges must 96.0 in New Orleans, Louisiana. These be arranged in tandem, except that one moving security zones encompass all vessel may tow one other vessel along- waters within 500 yards of a cruise ship. side; These zones remain in effect during the (3) Length of tow must not exceed entire transit of the vessel and con- 1,180 feet; and tinue while the cruise ship is moored or (4) Tows with a box end in the lead anchored. must not exceed 400 feet in length. (b) Regulations. (1) Entry of persons and vessels into these zones is prohib- NOTE: The variation in the draft and the beam of the barges in a multi-barge tow ited unless authorized as follows. should be minimized in order to avoid unnec- (i) Vessels may enter within 500 yards essary strain on coupling wires. but not closer than 100 feet of a cruise ship provided they operate at the min- (e) Horsepower Requirement. (1) The imum speed necessary to maintain a following requirements apply to a tow- safe course. ing vessel of 3,000 hp or less: (ii) No person or vessel may enter within 100 feet of a cruise ship unless TABLE 165.811(e)—MINIMUM AVAILABLE expressly authorized by the Coast HORSEPOWER REQUIREMENT Guard Captain of the Port New Orleans [The greater value listed.] or his designated representative. Direction of tow Daytime (sunrise Nighttime (sunset (iii) Moored vessels or vessels an- to sunset) to sunrise) chored in a designated anchorage area Upbound ...... 400hp or (Length 600hp or (Length are permitted to remain within 100 feet of tow—300ft) × of tow—200ft) × of a cruise ship while it is in transit. 3. 3. (2) Vessels requiring entry within 500 Downbound ...... 600hp or (Length 600hp or (Length of tow—200ft) × of tow) × 3. yards of a cruise ship that cannot slow 3. to the minimum speed necessary to maintain a safe course must request NOTE: A 5% variance from the available horsepower is authorized. express permission to proceed from the

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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, barked or disembarked in the United 94°47′00″ W [NAD 83] and Barbours Cut, States or its territories. (4) The Captain of the Port New Orle- the Captain of the Port Houston-Gal- ans will inform the public of the mov- veston may permit vessels that must ing security zones around cruise ships transit the navigable channel between via Marine Safety Information Broad- these points to enter within 100 yards casts. of a cruise ship. (5) To request permission as required (iii) Moored vessels or vessels an- by these regulations contact ‘‘New Or- chored in a designated anchorage area leans Traffic’’ via VHF Channels 13/67 are permitted to remain within 100 or via phone at (504) 589–2780 or (504) yards of a cruise ship while it is in 589–6261. transit. (6) All persons and vessels within the (2) Vessels requiring entry within 500 moving security zones shall comply yards of a cruise ship that cannot slow with the instructions of the Captain of to the minimum speed necessary to the Port New Orleans and designated maintain a safe course must request on-scene U.S. Coast Guard patrol per- express permission to proceed from the sonnel. On-scene U.S. Coast Guard pa- Captain of the Port Houston-Gal- trol personnel include commissioned, veston, or his designated representa- warrant, and petty officers of the U.S. tive. Coast Guard. (c) Authority. In addition to 33 U.S.C. (3) For the purpose of this section the 1231, the authority for this section in- term ‘‘cruise ship’’ is defined as a pas- cludes 33 U.S.C. 1226. senger vessel over 100 gross tons, carrying more than 12 passengers for hire, [COTP New Orleans–02–005, 67 FR 61989, Oct. making a voyage lasting more than 24 3, 2002] hours, any part of which is on the high § 165.813 Security Zones; Ports of seas, and for which passengers are em- Houston and Galveston, TX. barked or disembarked in the United (a) Location. Within the Ports of States or its territories. Houston and Galveston, Texas, moving (4) The Captain of the Port Houston- security zones are established encom- Galveston will inform the public of the passing all waters within 500 yards of a moving security zones around cruise cruise ship between Galveston Bay Ap- ships via Marine Safety Information proach Lighted Buoy ‘‘GB’’, at approxi- Broadcasts. mate position 29°21′18″ N, 94°37′36″ W (5) To request permission as required [NAD 83] and up to, and including, by these regulations contact ‘‘Houston Barbours Cut. These zones remain in Traffic’’ via VHF Channels 11/12 or via effect during the inbound and outbound phone at (713) 671–5103. entire transit of the cruise ship and (6) All persons and vessels within the continues while the cruise ship is moving security zone shall comply moored or anchored. with the instructions of the Captain of (b) Regulations. (1) Entry of vessels or the Port Houston-Galveston and des- persons into these zones is prohibited ignated on-scene U.S. Coast Guard pa- unless authorized as follows. trol personnel. On-scene U.S. Coast (i) Vessels may enter within 500 yards but not closer than 100 yards of a cruise Guard patrol personnel include com- ship provided they operate at the min- missioned, warrant, and petty officers imum speed necessary to maintain a of the U.S. Coast Guard. safe course.

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(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, Houston Ship Channel Light 132 095°19.27′ W and 28°56.11′ N, 095°19.34′ W (LLNR–24445) and Houston Ship Chan- (NAD 1983). nel Light 133 (LLNR–24450) west to the (v) The Conoco Phillips Facility T & N Rail Road Swing Bridge at the docks, containing all waters within 100′ entrance to Buffalo Bayou, including of a line drawn from a point on shore all waters adjacent to the ship channel at Latitude 28°55.96′ N, Longitude from shoreline to shoreline and the 095°19.77′ W, extending west to a point first 200 yards of connecting water- on shore at Latitude 28°56.19′ N, Lon- ways. gitude 095°20.07′ W (NAD 1983). (2) Morgan’s Point, Texas. The (vi) The Freeport LNG Basin con- Barbours Cut Ship Channel and Turn- taining all waters shoreward of a line ing Basin containing all waters west of drawn between the eastern point at a line drawn between Junction Light latitude 28°56′25″ N, 095°18′13″ W, and the ‘‘Barbours Cut’’ 29°41′12″ N, 94°59′12″ W western point at 28°56′28″ N, 095°18′31″ (LLNR–23525), and Houston Ship Chan- W, east towards the jetties. nel Light 91, 29°41′00″ N, 94°59′00″ W (b) Regulations. (1) Entry of into these (LLNR–23375) (NAD 1983). zones is prohibited except for the fol- (3) Bayport, TX. The Port of Bayport, lowing: Bayport Ship Channel and Bayport (i) Commercial vessels operating at Turning Basin containing all waters waterfront facilities within these south of latitude 28°36′45″ N and west of zones; Bayport Ship Channel Light 9 (LLNR– (ii) Commercial vessels transiting di- 23295) (NAD 1983). rectly to or from waterfront facilities (4) Texas City, Texas. The Port of within these zones; Texas City Channel, Turning Basin and (iii) Vessels providing direct oper- Industrial Canal containing all waters ational/logistic support to commercial bounded by the area south and west of vessels within these zones; a line drawn from Texas City Channel (iv) Vessels operated by the appro- Light 19 (LLNR 24810) through Cut B priate port authority or by facilities Inner Range Front Light (LLNR 24765) located within these zones; and and terminating on land in position (v) Vessels operated by federal, state, 29°23′16″ N, 94°53′15″ W (NAD 1983). county, or municipal agencies. (5) Freeport, Texas. (i) The Dow Barge (2) Other persons or vessels requiring Canal, containing all waters of the Dow entry into a zone described in this sec- Barge Canal north of a line drawn be- tion must request express permission tween 28°56.81′ N/095°18.33′ W and to enter from the Captain of the Port 28°56.63′ N/095°18.54′ W (NAD 1983). Houston-Galveston, or designated rep- (ii) The Brazos Harbor, containing all resentative. The Captain of the Port waters west of a line drawn between Houston-Galveston’s designated rep- 28°56.45′ N, 095°20.00′ W, and 28°56.15′ N, resentatives are any personnel granted 095°20.00′ W (NAD 1983) at its junction authority by the Captain of the Port with the Old Brazos River. Houston-Galveston to receive, evalu- (iii) The Dow Chemical plant, con- ate, and issue written security zone taining all waters of the Brazos Point entry permits, or the designated on- Turning Basin within 100′ of the north scene U.S. Coast Guard patrol per- shore and bounded on the east by the sonnel described in paragraph (b)(4).

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(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. missioned, warrant, and petty officers (3) All vessels shall continually mon- of the U.S. Coast Guard. itor VHF-FM channel 13 on their radio- [COTP Houston-Galveston–02–009, 67 FR telephone while in or approaching the 23593, May 5, 2003, as amended by USCG–2009– RNA. 0501, 75 FR 8493, Feb. 25, 2010; USCG–2008–0124, (4) Prior to entering the RNA, 75 FR 11002, Mar. 10, 2010] downbound vessels shall make a broadcast in the blind on VHF-FM channel § 165.815 Ohio River at Louisville, KY; 13 announcing their estimated time of regulated navigation area. departure from Murray Lock and Dam (a) The following is a regulated navi- or from the mooring cells at mile 121.5 gation area: The waters of the Ohio to ensure there are no upbound vessels River from the Clark Memorial (High- within the RNA. If there is upbound way) Bridge at Mile 603.5, downstream traffic within the RNA, the downbound to McAlpine Dam at Mile 604.4. vessel shall not depart until the (b) The general regulations governing upbound vessel has passed through the regulated navigation area contained in RNA. After departing, vessels will pro- 33 CFR part 165, subpart B apply. ceed through the RNA, including all (c) No pleasure or fishing craft shall drawbridges located therein, without be operated within the regulated navi- delay. gation area at any time without prior (5) When upbound vessels reach mile permission of the Captain of the Port, 116, they shall make a broadcast in the Louisville, Kentucky, except in case of blind on VHF-FM channel 13 announc- emergency and except for passage ing their estimated arrival time at the through McAlpine Lock. Rock Island Railroad Bridge at mile 118.2. [CGD 2–89–04, 55 FR 23203, June 7, 1990. Redes- (6) When a downbound vessel is al- ignated by CGD 96–026, 61 FR 33669, June 28, 1996] ready in the RNA, an upbound vessel shall adjust its speed so as to avoid a § 165.817 Arkansas River, Mile 118.2 to meeting situation in the RNA. 125.4, Little Rock Arkansas—regu- (d) Refer to 33 CFR 117.123 for draw- lated navigation area. bridge operation regulations. (a) Location. The following is a regu- [CGD2–90–04, 57 FR 22176, May 27, 1992. Redes- lated navigation area (RNA): The ignated by CGD 96–026, 61 FR 33669, June 28, waters of the Arkansas River between 1996] mile 118.2 and mile 125.4. (b) Regulations. Transit of the RNA § 165.818 Moving Security Zones, for is limited during periods of high veloc- certain vessels in Freeport En- ity flow, defined as the flow rate of trance Channel, Freeport, Texas. 70,000 cubic feet per second or more at (a) Location. The following areas are the Murray Lock and Dam at mile security zones: All waters within the 125.4. The flow rate at this location is Captain of the Port Houston-Galveston calculated by the U.S. Army Corps of Zone commencing at U.S. territorial Engineers on a regular and routine waters through the Freeport Entrance basis. This information will be distrib- Channel, from surface to bottom, one uted by announcements by Coast thousand (1000) yards ahead and astern Guard Marine Information Broadcasts, and five hundred (500) yards on each publication in Coast Guard Local No- side of any vessel that has a moving se- tice to Mariners, and telephone or curity zone established around it.

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(b) Regulations. Entry into or remain- and the risk to population or infra- ing in the zones described in paragraph structure. (a) of this section is prohibited unless (d) Informational broadcasts. The Cap- authorized as follows: tain of the Port Houston-Galveston (1) Moored vessels or vessels an- will inform the public when moving se- chored in a designated anchorage area curity zones have been established are permitted to remain moored or an- around certain vessels via Broadcast chored if they come within a security Notice to Mariners on VHF channel 16 zone described in paragraph (a) of this and 13. Vessels that have a moving se- section. A moored or an anchored ves- curity zone in place around them will sel in a security zone must remain display the international signal flag or moored or anchored unless it obtains pennant number five. permission from the Captain of the (e) Authority. In addition to 33 U.S.C. Port to do otherwise. 1231 and 50 U.S.C. 191, the authority for (2) Commercial vessels operating at this section includes 33 U.S.C. 1226. the waterfront facilities within these zones. [USCG–2008–0125, 75 FR 8490, Feb. 25, 2010] (3) Commercial vessel transiting directly to or from waterfront facilities § 165.819 Security Zone; Sabine Bank Channel, Sabine Pass Channel and within these zones. Sabine-Neches Waterway, TX. (4) Vessels providing direct operational/logistic support to commercial (a) Location. (1) The following LNG vessels within these zones. facility mooring basins are designated (5) Vessels operated by the port au- as fixed security zones whenever LNG thority or by facilities located within carriers are moored within them: these zones. (i) Golden Pass LNG, Sabine TX: All (6) Vessels operated by Federal, mooring basin waters south of a line State, county, or municipal agencies. connecting the following points—be- (7) All persons and vessels within the ginning at 29°45′58″ N, 093°55′40″ W; then moving security zone must comply east to a point at 29°45′52.8″ N, with the instructions of the Captain of 093°55′20.8″ W; then bearing 120° T to the the Port Houston-Galveston and des- shoreline at 29°45′50″ N, 093°55′17″ W. ignated on-scene U.S. Coast Guard pa- (ii) Sabine Pass LNG, Cameron Parish, trol personnel. On-scene U.S. Coast LA: All mooring basin waters north of Guard patrol personnel include com- a line connecting the following missioned, warrant, and petty officers points—beginning at the shoreline in of the U.S. Coast Guard. position 29°44′34.7″ N, 093°52′29″ W; then (8) To request permission as required southeast to a point at 29°44′31.4″ N, by these regulations, contact the Sec- 093°52′26.4″ W; then bearing 121° T to a tor Houston-Galveston Command Cen- point at 29°44′25.2″ N, 093°52′14.6″ W; ter by telephone at (713) 671–5113. In then bearing 116° T to the shoreline at Freeport, vessels should contact the 29°44′23.75 N, 093°52′00″ W. Captain of the Port’s designated on- (2) The following areas are designated scene representative for the moving seas moving security zones: All waters of curity zone on VHF Channel 16, or by the Captain of the Port, Port Arthur telephone at (979) 233–7551. Zone commencing at U.S. territorial (c) Certain vessel definition. For the waters and extending from the surface purposes of this section, certain vessel to the bottom, channel edge to channel means any vessel within the 12 nau- edge on the Sabine Bank and Sabine tical mile U.S. Territorial Waters and Pass Channels and shoreline to shore- bound for the Port of Freeport that is line on the Sabine-Neches Waterway, 2 deemed to be in need of a moving secu- miles ahead and 1 mile astern of cer- rity zone by the Captain of the Port, tain designated vessels while in transit Houston-Galveston for security rea- within in the Captain of the Port, Port sons. In making this determination, Arthur zone. Mariners would be noti- the Captain of the Port considers all fied of designated vessels by Broadcast relevant security factors, including but Notice to Mariners and the presence of not limited to the presence of unusu- escort vessels displaying flashing blue ally harmful or hazardous substances law enforcement lights.

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(b) Regulations. (1) Entry into or re- (6) All persons and vessels within a maining in a fixed security zone de- security zone described in this section scribed in paragraph (a)(1) of this sec- must comply with the instructions of tion is prohibited for all vessels except: the Captain of the Port, Port Arthur, (i) Commercial vessels operating at designated on-scene U.S. Coast Guard waterfront facilities within these patrol personnel or other designated zones; representatives. Designated on-scene (ii) Commercial vessels transiting di- U.S. Coast Guard patrol personnel in- rectly to or from waterfront facilities clude commissioned, warrant, and within these zones; petty officers of the U.S. Coast Guard. (iii) Vessels providing direct oper- Designated representatives include ational or logistical support to com- Federal, State, local and municipal law mercial vessels within these zones; enforcement agencies. (iv) Vessels operated by the appro- [USCG–2009–0316, 75 FR 65235, Oct. 22, 2010, as priate port authority or by facilities amended at 76 FR 1521, Jan. 11, 2011] located within these zones; and (v) Vessels operated by Federal, § 165.820 Security Zone; Ohio River State, county, or municipal law en- Mile, 34.6 to 35.1, Shippingport, forcement agencies. Pennsylvania. (2) Entry into or remaining in a mov- (a) Location. The following area is a ing security zone described in para- security zone: The waters of the Ohio graph (a)(2) of this section is prohibited River, extending 200 feet from the for all vessels except: shoreline of the left descending bank (i) Moored vessels or vessels anchored beginning from mile marker 34.6 and in a designated anchorage area. A ending at mile marker 35.1. moored or an anchored vessel in a secu- (b) Regulations. (1) Entry into or re- rity zone described in paragraph (a)(2) maining in this zone is prohibited un- of this section must remain moored or less authorized by the Coast Guard anchored unless it obtains permission Captain of the Port, Pittsburgh. from the Captain of the Port to do oth- (2) Persons and vessels desiring to erwise; transit the area of the security zone (ii) Commercial vessels operating at may contact the Captain of the Port waterfront facilities located within the Pittsburgh at telephone number 412– zone; 644–5808 or on VHF channel 16 to seek (iii) Vessels providing direct oper- permission to transit the area. If per- ational support to commercial vessels mission is granted, all persons and ves- within a moving security zone; sels must comply with the instructions (iv) Vessels operated by Federal, of the Captain of the Port Pittsburgh State, county, or municipal law en- or his designated representative. forcement agencies. (c) Authority. In addition to 33 U.S.C. (3) Meeting, crossing or overtaking 1231, the authority for this section in- situations are not permitted within the cludes 33 U.S.C. 1226. security zone described in paragraph [COTP Pittsburgh–02–005, 67 FR 40163, June (a)(2) of this section unless specifically 12, 2002] authorized by the Captain of the Port. (4) Other persons or vessels requiring § 165.821 Ohio River at Cincinnati, OH; entry into security zones described in regulated navigation area. this section must request permission (a) Location. The following is a regu- from the Captain of the Port, Port Ar- lated navigation area (RNA)—The thur or designated representative. waters of the Ohio River between mile (5) To request permission to enter a 466.0 and mile 473.0. security zone described in this section, (b) Activation. The restrictions in contact Vessel Traffic Service Port Ar- paragraphs (c) (1) through (4) are in ef- thur on VHF Channel 01A or 65A; by fect from one-half hour before sunset telephone at (409) 719–5070; by fax at to one-half hour after sunrise when the (409) 719–5090; or contact the Captain of Cincinnati, Ohio, Ohio River Gauge is the Port’s designated on-scene patrol at or above the 45 foot level. The Cap- vessel on VHF channel 13 or 16. tain of the Port, Louisville, Kentucky

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will publish a notice in the Local No- on their radiotelephone while in or ap- tice to Mariners and will make an- proaching the RNA. nouncements by Coast Guard Marine (4) Between Ohio River miles 464.0 Information Broadcasts whenever the and 466.0, downbound vessels shall river level measured at the gauge acti- make a broadcast in the blind, on VHF- vates or terminates the navigation re- FM channel 13 announcing their esti- strictions in this section. mated time of entering the RNA. (c) Regulations. (1) Transit through the RNA by all downbound vessels tow- [CGD02–95–003, 61 FR 2417, Jan. 26, 1996. Re- ing cargoes regulated by Title 46 Code designated by CGD 97–023, 62 FR 33365, June of Federal Regulations Subchapters D 19, 1997, as amended by USCG–1998–3799, 63 and O with a tow length exceeding 600 FR 35533, June 30, 1998] feet excluding the tow boat is prohibited. § 165.822 Safety Zone; Fireworks Dis- play, Kanawha River, WV. (2) No vessel shall loiter, anchor, stop, remain or drift without power at (a) Safety zones. The following areas any time within the navigation chan- are designated safety zones: all waters nel of the RNA. between the specified mile markers on (3) All commercial vessels shall con- the Kanawha River, described as fol- tinually monitor VHF-FM channel 13 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 rant, and petty officers of the U.S. Port Ohio Valley or designated rep- Coast Guard. resentative will inform the public [USCG–2010–1015, 76 FR 28314, May 17, 2011] through broadcast notice to mariners of the enforcement periods for the safe- § 165.825 Security Zones; Captain of ty zones. the Port St. Louis, Missouri. (c) Regulations. (1) In accordance with (a) Location. The following areas are the general regulations in § 165.23 of security zones: this part, entry into this zone is pro- (1) Fort Calhoun Nuclear Power Station hibited unless authorized by the Cap- Security Zone, Fort Calhoun, Nebraska— tain of the Port Ohio Valley or des- all waters of the Missouri River, ex- ignated representative. tending 75 feet from the shoreline of (2) Persons or vessels requiring entry the right descending bank beginning into or passage through this zone must from mile marker 645.6 and ending at request permission from the Captain of mile marker 646.0. the Port Ohio Valley, or a designated (2) Cooper Nuclear Station Security representative. They may be contacted Zone, Brownville, Nebraska—all waters on VHF–FM Channels 13 or 16, or by of the Missouri River, extending 250 telephone at (800) 253–7465. feet from the shoreline of the right de- (3) All persons and vessels shall com- scending bank beginning from mile ply with the instructions of the Cap- marker 532.5 and ending at mile mark- tain of the Port Ohio Valley and des- er 532.9. ignated on-scene U.S. Coast Guard pa- (3) Quad Cities Generating Station Se- trol personnel. curity Zone, Cordova, Illinois—all waters (4) On-scene U.S. Coast Guard patrol of the Upper Mississippi River, extend- personnel include commissioned, war- ing 300 feet from the shoreline of the left descending bank beginning from

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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 bank beginning from mile marker 798.0 [COTP St. Louis–02–005, 67 FR 64043, Oct. 17, 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 Central Illinois bounded by a dam con- (a) Location. The following area is a structed near the confluence of Salt regulated navigation area: All waters Creek River mile 56 and the north fork of the Galveston Channel within the area from Latitude 29°20′19″ N, Lon- of Salt Creek. The zone extends out 600 ° ′ ″ feet from shore. Boundaries of the zone gitude 094 46 36 W, east to Latitude ° ′ ″ ° ′ ″ 29°20′06″ N, Longitude 094°46′15″ W, begin at 40 10 30 N, 88 50 30 W; thence ° ′ ″ east to 40°10′30″ N, 88°49′55″ W; thence south to Latitude 29 19 47 N, Longitude ° ′ ″ ° ′ ″ 094°46′27″ W, west to Latitude 29°19′51″ south to 40 10 15 N, 88 49 55 W; thence ° ′ ″ west to 40°10′15″ N, 88°50′30″ W; thence N, Longitude 094 46 45 W, and north to Latitude 29°20′19″ N, Longitude returning north to the origin. These ° ′ ″ coordinates are based upon [NAD 83]. 094 46 36 W. (b) Regulations. (1) Entry into these (b) Regulations. (1) Vessels navigating security zones is prohibited unless au- this area must do so at a minimum safe thorized by the Coast Guard Captain of speed so as to not cause any wake. the Port, St. Louis or designated rep- (2) Vessels may proceed at greater resentative. than a minimum safe speed with per- (2) The Ft. Calhoun and Cooper secu- mission of the Captain of the Port rity zones include a portion of the nav- Houston-Galveston or a designated rep- igable channel of the Missouri River. resentative. All vessels that may safely navigate (3) To request permission as required outside of the channel are prohibited by these regulations, contact the Sec- from entering the security zone with- tor Houston-Galveston Command Cen- out the express permission of the Cap- ter by telephone at (713)671–5113. tain of the Port St. Louis or designated [USCG–2009–0931, 75 FR 47715, Aug. 9, 2010] representative. Vessels that are required to use the channel for safe navi- § 165.830 Regulated Navigation Area; gation are authorized entry into the Reporting Requirements for Barges zone but must remain within the chan- Loaded with Certain Dangerous nel unless expressly authorized by the Cargoes, Inland Rivers, Eighth Captain of the Port St. Louis or des- Coast Guard District. ignated representative. (a) Regulated Navigation Area. The fol- (3) Persons or vessels requiring the lowing waters are a regulated naviga- Captain of the Port St. Louis’ permis- tion area (RNA): the Mississippi River sion to enter the security zones must above mile 235.0, Above Head of Passes, contact the Coast Guard Sector Upper including all its tributaries; the Mississippi River at telephone number Atchafalaya River above mile 55.0, in- 319 524–7511 or on VHF marine channel cluding the Red River; the Ohio River 16 or Marine Safety Detachment Quad and all its tributaries; and the Ten- Cities at telephone number 309 782–0627 nessee River from its confluence with or the Captain of the Port, St. Louis at the Ohio River to mile zero on the Mo- telephone number 314 539–3091, ext. 3500 bile River and all other tributaries be- in order to seek permission to enter tween these two rivers. the security zones. If permission is (b) Applicability. This section applies granted, all persons and vessels must to towing vessel operators and fleeting comply with the instructions of the area managers responsible for CDC Captain of the Port, St. Louis or des- barges in the RNA. This section does ignated representative. not apply to:

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(1) Towing vessel operators respon- (viii) Oleum (fuming sulfuric acid), sible for barges not carrying CDCs and barges, or (ix) Propylene oxide. (2) Fleet tow boats moving one or CDC barge means a barge containing more CDC barges within a fleeting CDCs or CDC residue. area. Downbound means the tow is trav- (c) Definitions. As used in this sec- eling with the current. tion— Eighth Coast Guard District means the Barge means a non-self propelled ves- Coast Guard District as set out in 33 sel engaged in commerce, as set out in CFR 3.40–1. 33 CFR 160.204. Fleeting area means any fleet, includ- Certain Dangerous Cargo or (CDC) in- ing any facility, located within the cludes any of the following: area covered by one single port. (1) Division 1.1 or 1.2 explosives as de- Fleet tow boat means any size vessel fined in 49 CFR 173.50. that is used to move, transport, or de- (2) Division 1.5D blasting agents for liver a CDC barge within a fleeting which a permit is required under 49 area. CFR 176.415 or, for which a permit is re- Inland River Vessel Movement Center quired as a condition of a Research and or (IRVMC) means the Coast Guard of- Special Programs Administration ex- fice that is responsible for collecting emption. the information required by this sec- (3) Division 2.3 ‘‘poisonous gas’’, as tion. 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 quantity in excess of 1 metric ton per that is located in a different port than barge. where the voyage originated. means the Cap- (4) Division 5.1 oxidizing materials Towing vessel operator tain or pilot who is on watch on board for which a permit is required under 49 a towing vessel. CFR 176.415 or, for which a permit is re- means the tow is traveling quired as a condition of a Research and Upbound against the current. Special Programs Administration ex- (d) The following must emption. Regulations. report to the Inland River Vessel Move- (5) A liquid material that has a pri- ment Center (IRVMC): mary or subsidiary classification of Di- (1) The towing vessel operator re- vision 6.1 ‘‘poisonous material’’ as list- sponsible for one or more CDC barges ed in 49 CFR 172.101 that is also a ‘‘main the RNA must report all the infor- terial poisonous by inhalation’’, as de- mation items specified in table fined in 49 CFR 171.8 and that is in a 165.830(f), in paragraph (f) of this sec- bulk packaging, or that is in a quan- tion, to the IRVMC: tity in excess of 20 metric tons per (i) Upon point of entry into the RNA barge when not in a bulk packaging. with one or more CDC barges; (6) Class 7, ‘‘highway route controlled (ii) Four hours before originating a quantity’’ radioactive material or voyage within the RNA with one or ‘‘fissile material, controlled ship- more CDC barges, except if the evo- ment’’, as defined in 49 CFR 173.403. lution of making up a tow with a CDC (7) Bulk liquefied chlorine gas and barge will take less than four hours be- bulk liquefied gas cargo that is flam- fore originating a voyage, and the tow- mable and/or toxic and carried under 46 ing vessel operator did not receive the CFR 154.7. order to make up a tow with a CDC (8) The following bulk liquids— barge in advance of four hours before (i) Acetone cyanohydrin, originating the voyage with one or (ii) Allyl alcohol, more CDC barges, in which case the (iii) Chlorosulfonic acid, towing vessel operator shall submit the (iv) Crotonaldehyde, required report to the IRVMC as soon (v) Ethylene chlorohydrin, as possible after receiving orders to (vi) Ethylene dibromide, make up a tow with one or more CDC (vii) Methacrylonitrile, barges;

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(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 ity; (2) Upper Mississippi River (UMR), between (iv) Upon picking up one or more ad- Mile Markers (M) and Departing Lock & 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) When the estimated time of ar- (vi) L&D 18 rival (ETA) to a reporting point varies (vii) L&D 21 (viii) L&D 25 by 6 hours from the previously reported (ix) Arriving Melvin Price L&D ETA; (downbound) (vii) Any significant deviation from (x) Departing Melvin Price L&D (upbound) previously reported information; (xi) M 150.0–145.0 (viii) Upon departing the RNA with (xii) M 66.0–61.0 one or more CDC barges; and (3) Missouri River (MOR), between Mile (ix) When directed by the IRVMC. Markers (M): (2) The fleeting area manager respon- (i) M 54.0–56.0 (ii) M 115.0–117.0 sible for one or more CDC barges in the (iii) M 208.0–210.0 RNA must report all the information (iv) M 326.0–328.0 items specified in table 165.830(g), in (v) M 397.0–399.0 paragraph (g) of this section, to the (vi) M 487.0–489.0 IRVMC: (vii) M 572.0–574.0 (i) Once daily, report all CDC barges (viii) M 652.0–654.0 within the fleeting area; (ix) M 745.0–750.0 (4) Illinois River (ILR), at Mile Marker (M) (ii) Upon moving one or more CDC and Lock & Dam (L&D), as indicated: barges within a fleeting area by a fleet (i) M 0.0 tow boat; (ii) Departing New LaGrange L&D (iii) Any significant deviation from (iii) M 140.0 previously reported information; and (iv) M 187.2 (Entering & Exiting RNA) (iv) When directed by the IRVMC. (5) Ohio River, between Mile Markers (M) (3) Reports required by this section and at Lock & Dam (L&D), as indicated: may be made by a company representa- (i) M 950.0–952.0 (ii) Arriving Smithland L&D tive or dispatcher on behalf of the (iii) M 826.0–828.0 fleeting area manager. (iv) M 748.0–750.0 (4) Reports required by this section (v) M 673.0–675.0 must be made to the IRVMC either by (vi) M 628.0–630.0 telephone to (866) 442–6089, by fax to (vii) M 556.0–559.0 (866) 442–6107, or by e-mail to (viii) M 511.0–513.0 [email protected]. A reporting form (ix) Departing Capt Anthony Meldahl L&D (x) Arriving Greenup L&D (upbound) and e-mail link are available at http:// (xi) Departing Greenup L&D (downbound) www.uscg.mil/d8/Divs/M/IRVMC.htm. (xii) Departing Robert C. Byrd L&D (5) The general regulations contained (upbound) in 33 CFR 165.13 apply to this section. (xiii) Arriving Robert C. Bryd L&D (e) Eighth Coast Guard District Inland (downbound) River RNA Reporting points. Towing ves- (xiv) Departing Belleville L&D sel operators responsible for one or (xv) Departing Hannibal L&D (xvi) Departing Montgomery L&D more CDC barges in the RNA must (6) Allegheny River at Lock & Dam (L&D), as make reports to the IRVMC at each indicated: point listed in this paragraph (e): (i) Departing L&D 4 (upbound) (1) Lower Mississippi River (LMR), between (ii) Arriving L&D 4 (downbound) Mile Markers (M): (7) Monongahela River Departing Lock & (i) M 235.0–240.0 (Entering & Exiting RNA) Dam (L&D): (ii) M 338.0–343.0 (i) Grays Landing L&D (iii) M 430.0–435.0 (ii) L&D 3 (iv) M 520.0–525.0 (8) Kanawha River, at Lock & Dam (L&D), as (v) M 621.0–626.0 indicated: (vi) M 695.0–700.0 (i) Arriving Winfield L&D (upbound) (vii) M 772.0–777.0 (ii) Departing Winfield L&D (downbound)

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(9) Cumberland River, between Mile Markers (i) Holt L&D (M) and Departing Lock & Dam (L&D), (ii) [Reserved] unless otherwise indicated: (14) Alabama River, when Departing L&D: (i) Departing Old Hickory L&D (upbound) (i) Claiborne L&D (ii) Arriving Old Hickory L&D (downbound) (ii) Henry L&D (iii) M 127.0–129.0 (15) McClellan-Kerr Arkansas River Naviga- (iv) Barkley L&D tion System, when Departing Lock & (10) Tennessee River, between Mile Markers Dam (L&D), unless otherwise indicated: (M) and when Departing Lock & Dam (i) Chouteau L&D (L&D), unless otherwise indicated: (ii) W.D. Mayo L&D (i) Fort Loudon L&D (iii) Ozark-Jeta Taylor L&D (ii) Watts Bar L&D (iv) L&D 9 (iii) Departing Chickamauga L&D (v) Arriving David D. Terry L&D (upbound) (upbound) (vi) Departing David D. Terry L&D (iv) Arriving Chickamauga L&D (downbound) (downbound) (vii) L&D 2 (v) Nickajack L&D (16) Red River, between Mile Markers (M) (vi) Gunterville L&D and when Departing Lock & Dam (L&D): (vii) General Joe Wheeler L&D (viii) Pickwick Landing L&D (i) L.C. Boggs L&D (ix) M 122.0–124.0 (ii) Lock 3 (x) Kentucky L&D (iii) M 178.0–180.0 (11) Tennessee-Tombigbee River, between (17) Atchafalaya River, at Mile Marker (M): Mile Markers (M) and when Departing (i) 55.0 (Entering & Exiting RNA) Lock & Dam (L&D): (ii) [Reserved] (i) Lock D (f) Information to be reported to the (ii) Aberdeen L&D IRVMC by towing vessel operators. With (iii) Aliceville L&D the exception noted in paragraph (iv) M 202.0–203.0 (d)(1)(ii) of this section, towing vessel (v) Coffeeville L&D operators responsible for one or more (12) Mobile River, at Mile Marker (M): (i) 0.0 (Entering & Exiting RNA) CDC barges in the RNA must report all (ii) [Reserved] the information required by this sec- (13) Black Warrior River, when Departing tion as set out in table 165.830(f) of this L&D: 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- Type, name and amount IRVMC ) ( 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 165.830(f)—I 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 (1) Within 100 yards of a cruise ship Coast Guard District Commander may that is transiting shoreward of the Mo- consider and approve alternative meth- bile Sea Buoy (located in approximate ods to be used by a reporting party to position 28°07′50″ N, 88°04′12″ W; NAD meet any reporting requirements if— 83), and (1) the request is submitted in writ- (2) Within 25 yards of a cruise ship ing to Commander, Eighth Coast Guard that is moored shoreward of the Mobile District (m), Hale Boggs Federal Bldg., Sea Buoy. 501 Magazine Street, New Orleans, LA (c) Periods of enforcement. This rule 70130; and will only be enforced when a cruise (2) the alternative provides an equiv- ship is transiting the Mobile Ship alent level of the reporting that which Channel shoreward of the Mobile Sea would be achieved by the Coast Guard Buoy, while transiting in the Port of with the required check-in points. Mobile, or while moored in the Port of (i) Deviation from this section is pro- Mobile. The Captain of the Port Mobile hibited unless specifically authorized or a designated representative would by the Commander, Eighth Coast Guard District or the IRVMC. inform the public through broadcast notice to mariners of the enforcement (Approved by the Office of Management and periods for the security zone. Budget under OMB control number 1625–0105) (d) Regulations. (1) Under § 165.33 of [CDG08–03–029, 68 FR 57363, Oct. 3, 2003; 68 FR this part, entry into a security zone is 63988, Nov. 12, 2003, as amended at 68 FR prohibited unless authorized by the 69959, Dec. 16, 2003] Captain of the Port Mobile or a designated representative. § 165.835 Security Zone; Port of Mo- bile, Mobile Ship Channel, Mobile, (2) While a cruise ship is transiting AL. on the Mobile Ship Channel shoreward of the Mobile Sea Buoy, and while (a) Definition. As used in this sec- transiting in the Port of Mobile, all tion— persons and vessels are prohibited from Cruise ship means a passenger vessel over 100 gross tons, carrying more than entering within 100 yards of a cruise 12 passengers for hire, making a voyage ship. lasting more than 24 hours any part of (3) While a cruise ship is moored in which is on the high seas, and for the Port of Mobile, all persons and ves- which passengers are embarked or dis- sels are prohibited from entering with- embarked in the United States or its in 25 yards of a cruise ship. territories. This definition covers pas- (4) Persons or vessels that desire to senger vessels that must comply with enter into the security zone for the 33 CFR parts 120 and 128. purpose of passing or overtaking a (b) Location. The following areas are cruise ship that is in transit on the Mo- security zones: all waters of the Port of bile Ship Channel or in the Port of Mo- Mobile and Mobile Ship Channel— bile must contact the on-scene Coast

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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 § 165.836 Security Zone; Escorted Ves- waters, as defined in 33 CFR 2.36, with- sels, Mobile, Alabama, Captain of in the Captain of the Port Zone, Mo- the Port. bile, Alabama, as described in 33 CFR (a) Definitions. The following defini- 3.40–10. tions apply to this section: (c) Security zone. A 500-yard security COTP means Captain of the Port Mo- zone is established around each es- bile, AL. corted vessel within the regulated area Designated representatives means described in paragraph (b) of this sec- Coast Guard Patrol Commanders in- tion. This is a moving security zone cluding Coast Guard coxswains, petty when the escorted vessel is in transit officers and other officers operating and becomes a fixed zone when the es- Coast Guard vessels, and Federal, corted vessel is anchored or moored. A State, and local officers designated by security zone will not extend beyond or assisting the COTP, in the enforce- the boundary of the regulated area de- ment of the security zone. scribed in paragraph (b) of this section. Escorted vessel means a vessel, other (d) Regulations. (1) The general regu- than a large U.S. naval vessel as de- lations for security zones contained in fined in 33 CFR 165.2015, that is accom- § 165.33 of this part applies to this sec- panied by one or more Coast Guard as- tion. sets or other Federal, State, or local (2) A vessel may request the permis- law enforcement agency assets clearly sion of the COTP Mobile or a des- identifiable by flashing lights, vessel ignated representative to enter the se- markings, or with agency insignia as curity zone described in paragraph (c) follows: Coast Guard surface or air of this section. If permitted to enter asset displaying the Coast Guard insig- the security zone, a vessel must pro- nia. State and/or local law enforcement ceed at the minimum safe speed and asset displaying the applicable agency must comply with the orders of the markings and/or equipment associated COTP or a designated representative. with the agency. Escorted vessel also (e) Notice of security zone. The COTP means a moored or anchored vessel will inform the public of the existence that was escorted by Coast Guard as- or status of the security zones around sets or other Federal, State, or local escorted vessels in the regulated area

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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- cility Docks, Victoria Barge Canal, ignated representative. 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 Gulf Intracoastal Waterway, Inner be enforced for periods of 24–30 hours Harbor Navigation Canal, New Or- twice a month, from the time the over- leans, LA. sized barge docks at the Invista Inc fa- (a) Location. The following is a regu- cility until the vessel departs the facil- lated navigation area (RNA): ity upon conclusion of its offloading (1) The Gulf Intracoastal Waterway operations. The Captain of the Port (GIWW) from Mile Marker (MM) 22 Corpus Christi will issue a Broadcast East of Harvey Locks (EHL), west on Notice to Mariners before beginning the GIWW, including the Michoud enforcement and upon ceasing enforce- Canal and the Inner Harbor Navigation ment of the safety zone. Canal (IHNC), extending North 1⁄2 mile (c) Definitions. The following defini- from the Seabrook Flood Gate Complex tion applies to this section: out into Lake Pontchartrain and South designated representative means any to the IHNC Lock. commissioned, warrant, and petty offi- (2) The Harvey Canal, between the cers of the Coast Guard on board Coast Lapalco Boulevard Bridge and the con- Guard, Coast Guard Auxiliary, and fluence of the Harvey Canal and the Al- local, state, and Federal law enforce- giers Canal; ment vessels who have been authorized (3) The Algiers Canal, from the Al- to act on the behalf of the Captain of giers Lock to the confluence of the Al- the Port Corpus Christi. giers Canal and the Harvey Canal; (d) Regulations. (1) Persons desiring (4) The GIWW from the confluence of to transit the area of the safety zone Harvey Canal and Algiers Canal to MM may contact the Captain of the Port at 7.5 West of Harvey Locks (WHL) telephone number 1–361–939–6393, or the (b) Definitions. As used in this sec- barge on VHF Channel 16 (156.800MHz) tion: to seek permission to transit the area. (1) Breakaway means a floating ves- If permission is granted, all persons sel that is adrift and that is not under and vessels must comply with the in- its own power or the control of a structions of the Captain of the Port or towboat, or secured to its moorings. his or her designated representative. (2) COTP means the Captain of the (2) All persons and vessels must com- Port, New Orleans; ply with the instructions of the Coast (3) Facility means a fleeting, mooring, Guard Captain of the Port or the des- industrial facility or marina along the ignated representative. shoreline at which vessels are or can be

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moored and which owns, possesses, area defined in paragraph (a)(1) of this moors, or leases vessels located in the section. areas described in paragraph (a) of this (2) The provisions of paragraph (d) of section. this section will be enforced beginning (3) Fleet includes one or more tiers of 24 hours in advance of the predicted barges. closure of the West Closure Complex (4) Fleeting or mooring facility within the HSDRRS (Harvey & Algiers means the area along the shoreline at Canals) in the area defined in para- which vessels are or can be moored. graphs (a)(2) through (4) of this section. (5) Floating vessel means any float- (3) If the Coast Guard receives notice ing vessel to which the Ports and Wa- of a closure less than 24 hours before terways Safety Act, 33 U.S.C. 1221 et closure, the provisions of paragraph (d) seq., applies. of this section will be enforced upon (6) Mooring barge or spar barge the COTP receiving the notice of pre- means a barge moored to mooring de- dicted closing. vices or secured to the ground by (4) In the event that a particularly spuds, and to which other barges may dangerous storm is predicted, the be moored. COTP, in consultation with the Port (7) Mooring device includes a Coordination Team, may require all deadman, anchor, pile or other reliable floating vessels to evacuate the RNA holding apparatus. beginning as early as 72 hours before (8) Navigational structures are the predicted closure of any navigational Seabrook Floodgate Complex, the structure or upon notice that particu- IHNC Lake Borgne Surge Barrier, and larly dangerous storm conditions are the West Closure Complex components approaching, whichever is less. of the Hurricane and Storm Damage (5) The COTP will notify the mari- Risk Reduction System (HSDRRS). time community of the enforcement (9) Person in charge includes any periods for this RNA through Marine owner, agent, pilot, master, officer, op- Safety Information Bulletins and Safe- erator, crewmember, supervisor, dis- ty Broadcast Notices to Mariners. patcher or other person navigating, (d) Regulations. During the period controlling, directing or otherwise re- that the RNA is enforced and before sponsible for the movement, action, se- closure of the navigational structures, curing, or security of any vessel, barge, all floating vessels must depart the tier, fleet or fleeting or mooring facil- RNA except as follows: ity subject to the regulations in this (1) Floating vessels may remain in section. the Harvey and Algiers Canals, pro- (10) Tier means barges moored inter- vided they are moored sufficiently to dependently in rows or groups. prevent a breakaway and meet the (11) Port Coordination Team is a body minimum mooring requirements and of public and private port stakeholders conditions set forth in paragraphs (f) led by the COTP whose purpose is to and (g) of this section. share information, establish priorities, (2) Floating vessels may remain in recommend and implement actions to the Michoud Canal at least 1⁄4 mile address risks to ports and waterways north of the intersection of the during incidents and events. Michoud Canal and the GIWW, the (12) Tropical Event means the time pe- GIWW from MM 15 EHL to MM 10 EHL, riod immediately preceding, during, provided they are moored sufficiently and immediately following the ex- to prevent a breakaway and meet the pected impact of heavy weather from a minimum mooring requirements and tropical cyclone. conditions set forth in paragraphs (f) (c) Enforcement. (1) The provisions of and (g) of this section. paragraph (d) of this section will be en- (3) During the period that the RNA is forced during a tropical event begin- enforced and before closure of the navi- ning 24 hours in advance of the pre- gational structures, vessels may tran- dicted closure of the IHNC Lake sit through the RNA en route to a des- Borgne Surge Barrier structure within tination outside of the RNA given the HSDRRS (IHNC & GIWW) in the there is sufficient time to transit prior

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to the closure of a navigational struc- draft, air draft, gross tonnage, hull ture, or they may transit to a facility type, horsepower, single or twin screw); within the RNA with which they have (vi) Details of mooring arrangements a prearranged agreement. These vessel in accordance with mooring require- movements and time critical decisions ments and conditions set forth in para- will be made by the COTP in consulta- graphs (g) and (h) of this section or tion with the Port Coordination Team. COTP case-by-case approved devi- (4) The COTP may review, on a case- ations; by-case basis, alternatives to minimum (vii) Certification by a professional mooring requirements and conditions engineer that the mooring arrange- set forth in paragraphs (f) and (g) of ments are able to withstand winds of this section and may approve a devi- up to 140 mph, a surge water level of ation to these requirements and condi- eleven feet, a current of four mph and tions should they provide an equivalent a wave height of three feet within the level of safety. (e) Special requirements for facilities. In canal basin in the area defined in para- addition to the mooring and towboat graph (a)(1) of this section and a surge requirements discussed in paragraph (f) water level of eight feet, a current of and (g) of this section, Facilities with- four mph, and a wave height of two and in the area described in paragraph (a) a half feet within the canal basin in the of this section that wish to deviate area defined in paragraphs (a)(2) from these restrictions because they through (4) of this section; have vessels intending to remain with- (viii) Emergency contact information in the areas allowed in paragraphs for the owner/operator, and/or agent of (d)(1) and (2) of this section shall com- the facility/property. ply with the below documentation and (ix) 24-hour emergency contact infor- maintenance requirements in order to mation for qualified individuals em- obtain the COTP’s approval for their powered in writing by the owners/oper- vessel(s) to remain in the closed RNA. ators to make on-site decisions and au- (1) Annual Hurricane Operations Plan. thorize expenditures for any required All facilities that have vessels intend- pollution response or salvage. ing to deviate from this RNA and re- (x) Full insurance disclosure to the main within the areas allowed in para- COTP. Vessels moored to a facility graphs (d)(1) and (2) of this section shall provide insurance information to shall develop an operations plan. The the facility. operations plan shall be readily avail- (2) Storm Specific Verification Report. able by May 1st of each calendar year 72 hrs prior to predicted closure of the for review by the COTP. The Annual navigational structures, those facili- Hurricane Operations Plan shall in- ties which have vessels that intend to clude: remain within the RNA shall submit a (i) A description of the maximum Storm Specific Verification Report to number of vessels the facility intends the COTP New Orleans. The require- to have remaining at any one time dur- ments for this Storm Specific ing hurricane season. (ii) A detailed plan for any vessel(s) Verification Report are located in the that are intended to be sunk/grounded Canal Hurricane Operations Plan, in place when the RNA is enforced if which is Enclosure Six to the Sector evacuation is not possible. New Orleans Maritime Hurricane Con- (iii) A diagram of the waterfront fa- tingency Port Plan, http://home- cility and fleeting area. port.uscg.mil/nola. The report shall in- (iv) Name, call sign, official number, clude: and operational status of machinery on (i) Updated contact information, inboard (i.e., engines, generators, fire cluding names of manned towboat(s) fighting pumps, bilge pumps, anchors, and individuals remaining on the mooring machinery, etc.) each standby towboat(s). towboat. (ii) Number of vessels currently (v) Characteristics for each vessel re- moored and mooring configurations if maining at the fleeting or mooring fa- less than stated in Annual Hurricane cility, as applicable (length, breadth, Operations Plan.

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(iii) If the number of vessels exceeds (ii) Take immediate action to correct the amount listed in the Annual Hurri- each deficiency. cane Operations Plan, describe process (f) Mooring requirements. Facility and timeframe for evacuating vessels owners shall consider all requirements to bring total number of vessels into within this section as minimum stand- alignment with the Annual Hurricane ards. Title 33 CFR 165.803, United Fa- Operations Plan. cilities Criteria (UFC) 4–159 and Amer- (3) The person in charge of a facility ican Society of the Civil Engineers shall inspect each mooring wire, chain, (ASCE)7 should be utilized by Profes- line and connecting gear between sional Engineers in the certification of mooring devices and each wire, line the Annual Hurricane Operations Plan. and connecting equipment used to (1) No person may secure a vessel to moor each vessel, and each mooring de- trees or to other vegetation. vice. Inspections shall be performed ac- (2) No person may allow a vessel to cording to the following timelines and be moored with unraveled or frayed guidance: lines or other defective or worn moor- (i) Annually between May 1 and June ing. 1 of each calendar year; and (3) No person may moor barges side (ii) After vessels are added to, with- to side unless they are secured to each drawn from, or moved at a facility, other from fittings as close to each cor- each mooring wire, line, and con- ner of abutting sides as practicable. necting equipment of each barge within (4) No person may moor barges end to each tier affected by that operation; end unless they are secured to each and other from fittings as close to each cor- (iii) At least weekly between June 1 ner of abutting ends as practicable. and November 30; and (5) A vessel may be moored to moor- (iv) 72 hrs prior to predicted closure ing devices if both ends of that vessel of the navigation structures within are secured to mooring devices. this RNA; or within 6 hrs of the pre- (6) Barges may be moored in tiers if dicted closure, if the notice of pre- each shoreward barge is secured to dicted closure is less than 72 hrs. mooring devices at each end. (4) The person who inspects moorings shall take immediate action to correct (7) A vessel must be secured as near any deficiency. as practicable to each abutting corner (5) Facility records. The person in by: charge of a fleeting or mooring facility (i) Three parts of wire rope of at least 1 shall maintain, and make available to 1 ⁄4 inch diameter with an eye at each the COTP, records containing the fol- end of the rope passed around the lowing information: timberhead, caval, or button; (i) The time of commencement and (ii) A mooring of natural or synthetic termination of each inspection. fiber rope that has at least the break- (ii) The name of each person who ing strength of three parts of 11⁄4 inch makes the inspection. diameter wire rope; or (iii) The identification of each vessel, (iii) Fixed rigging that is at least barge entering or departing the fleet- equivalent to three parts of 11⁄4 inch di- ing or mooring facility, along with the ameter wire rope. following information: (8) The person in charge shall ensure (A) Date and time of entry and depar- that all mooring devices, wires, chains, ture; and lines and connecting gear are of suffi- (B) The names of any hazardous cient strength and in sufficient number cargo which the vessel is carrying. to withstand forces that may be ex- (6) The person in charge of a facility erted on them by moored vessels/ shall ensure continuous visual surveil- barges. lance of all vessels at the facility. (g) Towboat Requirements. The person (7) The person who observes the ves- in charge of a fleeting or mooring facil- sels shall: ity must ensure: (i) Inspect for movements that are (1) Each facility consisting of eight unusual for properly secured vessels; or more vessels that are not under and their own power must be attended by

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at least one radar-equipped towboat for are embarked or disembarked in the every 50 vessels. United States or its territories. (2) Each towboat required must be: (c) Regulations. (1) In accordance with (i) Able to secure any breakaways; the general regulations in 33 CFR Part (ii) Capable of safely withdrawing or 165, Subpart C, no person or vessel may moving any vessel at the fleeting or enter or remain in the Safety Zone ex- mooring facility; cept for vessels authorized by the Cap- (iii) Immediately operational; tain of the Port or Designated Rep- (iv) Radio-equipped; resentatives, except as provided for in (v) No less than 800 horsepower; paragraph (c)(3) of this section. (vi) Within 500 yards of the vessels. (2) For this section the Pilot direct- (3) The person in charge of each ing the movement of the large cruise towboat required must maintain a con- ship under the authority of the master tinuous guard on the frequency speci- has the authority to allow other ves- fied by current Federal Communica- sels to enter the safety zone when nec- tions Commission regulations found in essary. 47 CFR part 83; a continuous watch on (3) All vessels are prohibited from en- the vessels moored at facility; and re- tering this safety zone unless author- port any breakaway as soon as possible ized as follows: to the COTP via telephone, radio or (i) Vessels that have made suitable other means of rapid communication. passing or overtaking arrangements (h) Transient vessels will not be per- with the pilot onboard the large cruise mitted to seek safe haven in the RNA ship may enter into this safety zone in except in accordance with a pre- accordance with those agreed upon ar- arranged agreement between the vessel rangements. and a facility within the RNA. (ii) Moored vessels or vessels an- (i) Penalties. Failure to comply with chored in a designated anchorage area this section may result in civil or may remain in their current moored or criminal penalties pursuant to the anchored position while the large Ports and Waterways Safety Act, 33 cruise ship transits the area. U.S.C. 1221 et seq. (iii) Barge Fleets or vessels working [USCG–2009–0139, 79 FR 21135, Apr. 15, 2014] a fleet may continue their current operations while the large cruise ship § 165.839 Safety Zone; Large Cruise transits the area. Ships; Lower Mississippi River, Southwest Pass Sea Buoy to Mile (4) Vessels requiring a deviation from Marker 96.0, New Orleans, LA. this rule must request permission from the Captain of the Port New Orleans. (a) Location. Within the Lower Mis- The Captain of the Port New Orleans sissippi River and Southwest Pass, may be contacted at (504) 365–2210. moving safety zones are established around all large cruise ships transiting [USCG–2010–0012, 77 FR 65818, Oct. 31, 2012] between the Southwest Pass Entrance Lighted Buoy ‘‘SW’’, at approximate § 165.840 Regulated Navigation Area, position 28°52′42″ N, 89°25′54″ W [NAD 83] Gulf of Mexico: Mississippi Canyon and Lower Mississippi River mile Block 20, South of New Orleans, LA. marker 96.0 in New Orleans, Louisiana. (a) Location. The following area is a The moving safety zone extends bank Regulated Navigation Area: A 300-foot to bank, encompassing all waters one- diameter area at the water surface cen- mile ahead and one-mile astern of a tered on the following coordinates: large cruise ship. The zone remains in 28°56’12.619’’N, 008°58’10.303’’W, and ex- effect during the entire transit of the tending the entire water column from large cruise ship. the surface to the seabed. (b) Definitions. As used in this section (b) Regulations. (1) In accordance with the term ‘‘large cruise ship’’ is defined the general regulations in § 165.11 of as a vessel over 100 feet in length, car- this part, all vessels are prohibited rying more than 500 passengers for from anchoring, mooring, fishing, or hire, making a voyage lasting more otherwise loitering in the above de- than 24 hours, any part of which is on scribed area except as authorized by the high seas, and for which passengers the Captain of the Port, New Orleans.

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(2) Persons or vessels requiring devi- EFFECTIVE DATE NOTE: By USCG–2013–0837, ations from this rule must request per- 78 FR 77597, Dec. 24, 2013, § 165.841 was added, mission from the Captain of the Port effective from Dec. 24, 2013, through Dec. 31, New Orleans. The Captain of the Port 2016. New Orleans may be contacted by tele- NINTH COAST GUARD DISTRICT phone at (504) 365–2200. [USCG–2013–0064, 78 FR 59236, Sept. 26, 2013] § 165.T09–0140 Safety Zone; USA Triathlon, Milwaukee Harbor, Mil- § 165.841 Safety Zone; Barge Launches; waukee, Wisconsin. Gulfport Lake; Gulfport, MS. (a) Location. All waters of Milwaukee (a) Location. The following area is a Harbor, including Lakeshore inlet and safety zone: Gulfport Lake, to include Discovery World Marina, west of a line all waters between an eastern bound- across the entrance to the Discovery ° ′ ″ ary represented by positions 30° 25′ 37.2″ World Marina connecting 43 02 15.1 N, ° ′ ″ ° ′ ″ N, 089° 03′ 09.7″ W to 30° 25′ 27.0″ N, 089° 087 53 37.4 W and 43 01 44.2 N, ° ′ ″ 03′ 09.7″ W and a western boundary rep- 087 53 44.6 W (NAD 83). resented by positions 30° 25′ 35.4″ N, 089° (b) Effective period. This section is ef- 03′ 45.7″ W to 30° 25′ 28.8″ N, 089° 03′ 45.7″ fective from August 1, 2013, until Au- W. gust 30, 2014. This safety zone will be (b) Effective period and enforcement enforced for periods in August 2013 and dates. This safety zone is effective im- 2014. The Captain of the Port, Lake mediately on December 24, 2013 and en- Michigan, will establish an enforce- forceable through actual notice begin- ment schedule via a Notice of Enforce- ning November 8, 2013. The COTP Mo- ment when the exact dates are known. bile or a designated representative will The Captain of the Port, Lake Michi- gan, will also establish the 2014 en- inform the public through broadcast forcement schedule via a Notice of En- notice to mariners of enforcement peri- forcement. ods for the safety zone, giving at least 24 hour notice before enforcement be- (c) Regulations. (1) In accordance with gins. Enforcement periods are expected the general regulations in § 165.23 of to occur once a month for approxi- this part, entry into, transiting, or an- mately two (2) hours. choring within this safety zone is prohibited unless authorized by the Cap- (c) Regulations. (1) In accordance with tain of the Port, Lake Michigan or his the general regulations in § 165.23 of designated on-scene representative. this part, entry into this zone is pro- (2) This safety zone is closed to all hibited unless authorized by the Cap- vessel traffic, except as may be per- tain of the Port Mobile or a designated mitted by the Captain of the Port, representative. Lake Michigan or his designated rep- (2) Persons or vessels desiring to resentative. enter into or passage through the zone (3) The ‘‘on-scene representative’’ of must request permission from the Cap- the Captain of the Port, Lake Michigan tain of the Port Mobile or a designated is any Coast Guard commissioned, war- representative. They may be contacted rant or petty officer who has been his on VHF–FM channels 16 or by tele- designated by the Captain of the Port, phone at 251–441–5976. Lake Michigan to act on his behalf. (3) If permission is granted, all per- (4) Vessel operators desiring to enter sons and vessels shall comply with the or operate within the safety zone shall instructions of the Captain of the Port contact the Captain of the Port, Lake or designated representative. Michigan or his on-scene representa- (d) Informational broadcasts. The Cap- tive to obtain permission to do so. tain of the Port or a designated rep- (5) The Captain of the Port, Lake resentative will inform the public Michigan or his on-scene representa- through broadcast notices to mariners tive may be contacted via VHF Chan- of the enforcement period for the safe- nel 16. Vessel operators given permis- ty zone as well as any changes that sion to enter or operate in the safety may occur. zone must comply with all directions [USCG–2013–0837, 78 FR 77597, Dec. 24, 2013] given to them by the Captain of the

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Port, Lake Michigan, or his on-scene (3) All vessels must obtain permis- representative. sion from the Captain of the Port or his designated representative to enter, EFFECTIVE DATE NOTE: By USCG–2013–0140, move within, or exit the safety zone es- 78 FR 31417, May 24, 2013, temporary § 165.T09–0140 was added, effective from Aug. tablished in this section when this 1, 2013 to Aug. 30, 2014. safety zone is enforced. Vessels and persons granted permission to enter § 165.T09–0971 Safety zone; overhead the safety zone must obey all lawful or- cable replacement, Maumee River, ders or directions of the Captain of the Toledo, OH. Port or a designated representative. While within a safety zone, all vessels (a) Location. The following area is a must operate at the minimum speed temporary safety zone: all U.S. navi- necessary to maintain a safe course. gable waters of the Maumee River, To- (e) Exemption. Public vessels, as de- ledo, OH, starting from the CSX Rail- fined in paragraph (b) of this section, road Bridge at River Mile Marker 1.07 are exempt from the requirements in and ending 700 feet down river from the this section. CSX Railroad Bridge. (f) Waiver. For any vessel, the Cap- (b) Effective and enforcement period. tain of the Port Detroit or his des- This regulation will be enforced from ignated representative may waive any 8:30 a.m. on November 27, 2012 until 6:30 of the requirements of this section, p.m. on December 7, 2012. This regula- upon finding that operational condition will be enforced from 8:30 a.m. tions or other circumstances are such until 6:30 p.m. on each day of this pe- that application of this section is un- riod. necessary or impractical for the pur- (c) Definitions. The following defini- poses of public or environmental safe- tions apply to this section: ty. (1) ‘‘On-scene Representative’’ means (g) Notification. The Captain of the any Coast Guard Commissioned, war- Port Detroit will notify the public that rant, or petty officer designated by the the safety zones in this section are or Captain of the Port Detroit to monitor will be enforced by all appropriate a safety zone, permit entry into the means to the affected segments of the zone, give legally enforceable orders to public including publication in the persons or vessels within the zones, and FEDERAL REGISTER as practicable, in take other actions authorized by the accordance with 33 CFR 165.7(a). Such Captain of the Port. means of notification may also include, (2) ‘‘Public vessel’’ means vessels but are not limited to Broadcast Notice owned, chartered, or operated by the to Mariners or Local Notice to Mari- United States, or by a State or polit- ners. The Captain of the Port will issue ical subdivision thereof. a Broadcast Notice to Mariners noti- (d) Regulations. (1) In accordance with fying the public when enforcement of the general regulations in § 165.23 of the safety zone is cancelled. this part, entry into, transiting, or an- [USCG–2012–0971, 77 FR 71699, Dec. 4, 2012] choring within this safety zone is prohibited unless authorized by the Cap- § 165.901 Great Lakes—regulated navi- tain of the Port Detroit, or his des- gation areas. ignated representative. (a) Lake Huron. The following are (2) This safety zone is closed to all regulated navigation areas: vessel traffic, excepted as may be per- (1) The waters of Lake Huron known mitted by the Captain of the Port De- as South Channel between Bois Blanc troit or his designated representative. Island and Cheboygan, Michigan; All persons and vessels must comply bounded by a line north from with the instructions of the Coast Cheyboygan Crib Light (LL–1340) at Guard Captain of the Port or his des- 45°39′48″ N, 84°27′36″ W; to Bois Blanc Is- ignated representative. Upon being land at 45°43′42″ N, 84°27′36″ W; and a hailed by the U.S. Coast Guard by line north from the mainland at siren, radio, flashing light or other 45°43′00″ N, 84°35′30″ W; to the western means, the operator of a vessel shall tangent of Bois Blanc Island at 45°48′42″ proceed as directed. N, 84°35′30″ W.

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(2) The waters of Lake Huron be- cent shorelines, are safety zones, co- tween Mackinac Island and St. Ignace, ordinates for which are based on NAD Michigan, bounded by a line east from 83. position 45°52′12″ N, 84°43′00″ W; to (1) From the point where the shore- Mackinac Island at 45°52′12″ N, 84°39′00″ line intersects longitude 81°42′24.5″ W, W; and a line east from the mainland which is the southern side of the Nor- at 45°53′12″ N, 84°43′30″ W; to the north- folk and Southern No. 1 railroad ern tangent of Mackinac Island at bridge, southeasterly along the shore 45°53′12″ N, 84°38′48″ W. for six hundred (600) feet to the point (b) Lake Michigan. The following is a where the shoreline intersects lon- regulated navigation area—The waters gitude 81°42′24.5″ W, which is the Holy of Lake Michigan known as Gray’s Moses Water Taxi Landing at Fado’s Reef Passage bounded by a line from Restaurant. Gray’s Reef Light (LL–2006) at 45°46′00″ (2) One hundred (100) feet downriver N, 85°09′12″ W; to White Shoals Light to one hundred (100) feet upriver from (LL–2003) at 45°50′30″ N, 85°08′06″ W; to a 41 degrees 29′53.5″ N, 81 degrees 42′33.5″ point at 45°49′12″ N, 85°04′48″ W; then to W, which is the knuckle on the north a point at 45°45′42″ N, 85°08′42″ W; then side of the Old River entrance at On- to the point of beginning. tario Stone. (c) Regulations. The COTP, Sault Ste. (3) Fifty (50) feet downriver to fifty Marie, will close and open these regu- (50) feet upriver from 41 degrees 29′48.4″ lated navigation areas as ice conditions N, 81 degrees 42′44″ W, which is the dictate. Under normal seasonal condi- knuckle adjacent to the Ontario Stone tions, only one closing each winter and warehouse on the south side of the Old one opening each spring are antici- River. pated. Prior to the closing or opening (4) From 41 degrees 29′51.1″ N, 81 de- of the regulated navigation areas, the grees 42′32.0″ W, which is the corner of COTP will give interested parties, in- Christie’s Cabaret pier at Sycamore cluding both shipping interests and is- Slip on the Old River, to fifty (50) feet land residents, not less than 72 hours east of 41 degrees 29′55.1″ N, 81 degrees notice of the action. No vessel may 42′27.6″ W, which is the north point of navigate in a regulated navigation area the pier at Shooter’s Restaurant on the which has been closed by the COTP. Cuyahoga River. Under emergency conditions, the COTP (5) Twenty-five (25) feet downriver to may authorize specific vessels to navi- twenty-five (25) feet upriver of 41 de- gate in a closed regulated navigation grees 29′48.9″ N, 81 degrees 42′10.7″ W, area. which is the knuckle toward the [CGD 79–034, 47 FR 29660, July 8, 1982, as downriver corner of the Nautica Stage. amended by CGD 79–026, 48 FR 35408, Aug. 4, (6) Ten (10) feet downriver to ten (10) 1983] feet upriver of 41 degrees 29′45.5″ N, 81 degrees 42′9.7″ W, which is the knuckle § 165.902 Niagara River at Niagara toward the upriver corner of the Falls, New York—safety zone. Nautica Stage. (a) The following is a safety zone— (7) The fender on the west bank of The United States waters of the Niag- the river at 41 degrees 29′45.2″ N, 81 de- ara River from the crest of the Amer- grees 42.10″ W, which is the knuckle at ican and Horseshoe Falls, Niagara Bascule Bridge (railroad). Falls, New York to a line drawn across (8) The two hundred seventy (270) the Niagara River from the down- foot section on the east bank of the stream side of the mouth of Gill Creek river between the Columbus Road to the upstream end of the breakwater bridge (41 degrees 29′18.8″ N, 81 degrees at the mouth of the Welland River. 42′02.3W) downriver to the chain link fence at the upriver end of the Com- § 165.903 Safety Zones: Cuyahoga modores Club Marina. River and Old River, Cleveland, OH. (9) Fifty (50) feet downriver of twen- (a) Location. The waters of the Cuya- ty-five (25) feet upriver from 41 degrees hoga River and the Old River extending 29′24.5″ N, 81 degrees 41′57.2″ W, which is ten feet into the river at the following the knuckle at the Upriver Marine fuel eleven locations, including the adja- pump.

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(10) Seventy-five (75) feet downriver FM Channels 16 & 22. These times will to seventy-five (75) feet upriver from 41 include the actual effective time and degrees 29′33.7″ N, 81 degrees 41′57.5″ W. date and the termination time and which is the knuckle adjacent to the date. warehouse at Alpha Precast Products (c) Restrictions. (1) In accordance with (United Ready Mix). the general regulations in section (11) Fifteen (15) feet downriver to fif- 165.23 and 165.33 of this part, entry into teen (15) feet upriver from 41 degrees this zone is prohibited, unless author- 29′41″ N, 81 degrees 41′38.6″ W, which is ized by the U.S. Coast Guard Captain of the end of the chain link fence between the Port Lake Michigan, or the U.S. The Club Mega and Shippers C & D. Secret Service. Other general require- (b) Regulations—(1) General Rule. Ex- ments in §§ 165.23 and 165.33 also apply. cept as provided below, entry of any Further, no person may enter or re- kind or for any purpose into the fore- main in the shoreline areas of the es- going zones is strictly prohibited in ac- tablished safety and security zone, un- cordance with the general regulations less cleared by a Coast Guard or U.S. in § 165.23 of this part. Secret Service official. (2) Exceptions. Any vessel may transit, but not moor, stand or anchor in, (2) Vessels in Burnham Park Harbor the foregoing zones as necessary to at the commencement of the safety and comply with the Inland Navigation security zone must be moored and re- Rules or to otherwise facilitate safe main moored while the safety and secu- navigation. Cargo vessels of 1600 gross rity zone is established, unless author- tons (GT) or greater may moor in these ized to get underway by a Coast Guard zones when conducting cargo transfer or U.S. Secret Service official. operations. (3) No person may engage in swim- (3) Waivers. Owners or operators of ming, snorkeling, or diving within the docks wishing a partial waiver of these established safety and security zone, regulations may apply to the Captain except with the permission of the Cap- of the Port, Cleveland, Ohio. Partial tain of the Port or U.S. Secret Service. waivers will only be considered to allow for the mooring of vessels in a [CGD09–94–005, 59 FR 45227, Sept. 1, 1994, as amended by USCG–2011–0489, 76 FR 63204, Oct. safety zone when vessels of 1600 GT on 12, 2011] greater are not navigating in the proximate area. Any requests for a waiver § 165.905 USX Superfund Site Safety must include a plan to ensure imme- Zones: St. Louis River. diate removal of any vessels moored in a safety zone upon the approach of a (a) The following areas of the St. vessel(s) 1600 GTs or greater. Louis River, within the designated boxes of latitude and longitude, are [COTP Cleveland REG 89–01, 54 FR 9778, Mar. safety zones: 8, 1989, as amended by CGD 09–95–018, 61 FR (1) Safety Zone #1 (North Spirit Lake): 37685, July 19, 1996; USCG–2000–7223, 65 FR 40059, June 29, 2000; USCG–2001–9286, 66 FR North Boundary: 46°41′33″ W 33642, June 25, 2001] South Boundary: 46°41′18″ W East Boundary: 92°11′53″ W § 165.904 Lake Michigan at Chicago ° ′ ″ Harbor & Burnham Park Harbor— West Boundary: 92 12 11 W Safety and Security Zone. (2) Safety Zone #2 (South Spirit Lake): (a) Location. All waters of Lake North Boundary: 46°40′45″ N Michigan within Burnham Park Harbor South Boundary: 46°40′33″ N shoreward of a line across the entrance East Boundary: 92°11′40″ W of the harbor connecting coordinates West Boundary: 92°12′05″ W 41°51′09″ N, 087°36′36″ W and 41°51′11″ N, 087°36′22″ W. (b) Transit of vessels through the (b) Effective times and dates. This safe- waters covered by these zones is pro- ty and security zone will be in effect at hibited. Swimming (including water various times to be published in the skiing or other recreational use of the Coast Guard Local Notice to Mariners water which involves a substantial risk or broadcasted via Marine Radio VHF- of immersion in the water) or taking of

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fish (including all forms of aquatic ani- erence line running between point A at mals) from the waters covered by these 41°31′33.45″ N, 81°39′47.45″ W and point B safety zones is prohibited at all times. at 41°31′19.67″ N, 81°40′19.17″ W, and [CGD09–95–026, 60 FR 52862, Oct. 11, 1995] northwest of the same reference line. (5) Restricted area no. 5. Restricted § 165.906 Lakeside Yacht Club in area no. 5 is the area inside the Lake- Cleveland Harbor, Cleveland, OH— side Yacht Club docks which is outside regulated navigation areas. restricted area 4 and northwest of a (a) Restricted Areas. The following are line 183 feet southeast and parallel to a areas inside Cleveland Harbor which reference line running between point A are subject to navigational restrictions at 41°31′33.45″ N, 81°39′47.45″ W and point based on the height of vessel masts as B at 41°31′19.67″ N, 81°40′19.17″ W. specified in paragraph (b) of this sec- (6) Restricted area no. 6. Restricted tion. For the purpose of this section, area no. 6 is the area inside the Lake- the term ‘‘mast’’ will be used to inside Yacht Club docks which is outside clude masts, antennae or any other restricted areas 4 and 5. portion of the vessel extending above (b) Restrictions applicable to vessels of the waterline. All of these areas are in- certain heights. Vessels with masts of side the ‘‘Lakeside Yacht Club en- certain heights are subject to the fol- trance channel,’’ defined as the water lowing restrictions with reference to area between the Lakeside Yacht Club the restricted areas detailed in para- jetties and the Burke Lakefront Air- graph (a) of this section. The height of port landfill, or inside the ‘‘Lakeside a vessel is the height above the water Yacht Club docks,’’ defined as the line of masts, antennas, navigational docking area inside the Lakeside Yacht equipment, or any other structure. Club jetties and immediately adjacent (1) Less than 41 feet. Vessels less than to Lakeside Yacht Club. 41 feet in height are not subject to any (1) Restricted area no. 1. Restricted restrictions under this section. area no. 1 is the water area on the (2) 41 to 45 feet. Vessels at least 41 feet southwest end of the Lakeside Yacht in height yet less than 45 feet in height Club entrance channel which is south- may not enter restricted area 1. west of a line running 328° T and north- (3) 45 to 53 feet. Vessels at least 45 feet west of a line running 232° T from a in height yet less than 53 feet in height point at 41°31′28.00″ N, 81°40′02.60″ W, may not enter restricted area 1 and which point is marked by a fixed flash- must comply with the clearance proce- ing yellow light. dures prescribed in paragraph (c) when (2) Restricted area no. 2. Restricted navigating through restricted area 2. area no. 2 is the water area of the (4) 53 to 63 feet. Vessels at least 53 feet Lakeside Yacht Club entrance channel in height yet less than 63 feet in height which is outside restricted area no. 1 may not enter restricted area 1, must and the entrance to the Yacht Club comply with the clearance procedures docking area, and southwest of a line prescribed in paragraph (c) of this sec- running 328° T from the intersection of tion when navigating through re- 81°39′58.47″ W and reference line run- stricted area 2, and may not dock in or ning between point A at 41°31′33.45″ N, enter restricted area 4 at any time. 81°39′47.45″ W and point B at 41°31′19.67″ (5) 63 to 95 feet. Vessels at least 63 feet N, 81°40′19.17″ W. in height yet less than 95 feet in height (3) Restricted area no. 3. Restricted may not enter restricted area 1, must area no. 3 is the water area of the comply with the clearance procedures Lakeside Yacht Club entrance channel prescribed in paragraph (c) of this sec- which is outside restricted area no. 1, tion when navigating through re- and southwest of a line running 328° T stricted areas 2 or 3, and may not dock from point A at 41°31′33.45″ N., in or enter restricted areas 4 or 5 at 81°39′47.45″ W. any time. (4) Restricted area no. 4. Restricted (6) 95 feet or more. Vessel 95 feet or area no. 4 is the area inside the Lake- more in height may not enter any re- side Yacht Club docks which is south- stricted area, 1 through 6, at any time. west of a line running 328° T from the (c) Clearance procedures. Except dur- intersection of 81°39′58.47″ W and a ref- ing the times specified in paragraph

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(d), operators of vessels subject to § 165.907 [Reserved] these procedures must do the following: § 165.909 [Reserved] (1) Obtain clearance from the Burke Lakefront Air Traffic Control Tower § 165.910 Security Zones; Captain of the Port Lake Michigan. before navigating through the restricted area(s); (a) Security zones. The following (2) Navigate promptly through the areas, defined by coordinates based area(s) at a safe and practical speed. upon North American Datum 1983, are Navigation at a safe and practical security zones: speed includes brief stops at the fueling (1) Jardine Water Filtration Plant—(i) dock inside restricted area 3 by vessels Location. All waters of Lake Michigan with masts between 63 and 95 feet in within the arc of a 100-yard radius with height; and its center located on the north wall of (3) Promptly inform the Burke Lake- Jardine Water Filtration Plant, approximate position 41°53′46″ N, 087°36′23″ front Air Traffic Control Tower after W; (NAD 83) clearing the restricted area(s), or of any difficulty preventing prompt clear- (ii) Regulations. The Captain of the Port Lake Michigan will normally per- ance. The Burke Lakefront Air Traffic mit those U.S. Coast Guard certificated Control Tower may be contacted on passenger vessels that normally load marine radio channel 14, or by tele- and unload passengers at Navy Pier to phone at (216) 781–6411 except as noted operate in the zone. However, should during the suspended hours listed in the Captain of the Port Lake Michigan paragraph (d) of this section. The radio determine it is appropriate, he will re- and telephone will be manned when the quire even those U.S. Coast Guard cer- instrument guided approach system is tificated passenger vessels which nor- being utilized. mally load and unload passengers at (4) Clearance may also be obtained Navy Pier to request permission before for longer periods or for groups of ves- leaving or entering the security zones. sels when arranged in advance with The Captain of the Port Lake Michigan Burke Lakefront Airport by any appro- will notify these vessels via Broadcast priate means of communication, in- Notice to Mariners if they must notify cluding a prior written agreement. the Coast Guard before entering or (d) Enforcement of clearance require- transiting the security zone. As such, ments. The clearance procedures speci- vessels that regularly operate within fied in paragraph (c) of this section will this zone are responsible for moni- not be enforced during the following toring Broadcasts Notice to Mariners times: for the Chicago area. These broadcasts (1) 11:00 p.m. n Fridays to 7:00 a.m. on will be made by U.S. Coast Guard Sec- Saturdays. tor Lake Michigan. (2) 11:00 p.m. on Saturdays to 8:00 (2) Dresden Nuclear Power Plant. All a.m. on Sundays. waters of the Illinois River in the vi- (3) 12:00 midnight Sunday nights to cinity of Dresden Nuclear Power Plant 7:00 a.m. on Mondays. encompassed by a line starting on the shoreline at 41°23′45″ N, 88°16′18″ W; then (e) Enforcement. This section will not east to the shoreline at 41°23′39″ N, be enforced during any period in which 88°16′09″ W; then following along the the Federal Aviation Administration shoreline back to the beginning. withdraws approval for operation of an (3) Donald C. Cook Nuclear Power instrument-only approach to runway 24 Plant. All waters of Lake Michigan on the northeast end of Burke Lake- around the Donald C. Cook Nuclear front Airport. Power Plant encompassed by a line [CGD09–97–002, 64 FR 8006, Feb. 18, 1999] starting on the shoreline at 41°58.656′ N, 86°33.972′ W; then northwest to 41°58.769′ N, 86°34.525′ W; then southwest to 41°58.589′ N, 86°34.591′ W; then southeast to the shoreline at 41°58.476′ N, 86°34.038′

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W; and following along the shoreline Section 165.33 also contains other gen- back to the beginning. eral requirements. (4) Palisades Nuclear Power Plant. All (2) All persons and vessels shall com- waters of Lake Michigan around the ply with the instruction of the Captain Palisades Nuclear Power Plant within of the Port Lake Michigan or the des- a line starting on the shoreline at ignated on-scene U.S. Coast Guard pa- 42°19′07″ N, 86°19′05″ W; then northwest trol personnel. On-scene patrol per- to 42°19′22″ N, 86°19′54″ W; then north to sonnel include commissioned, warrant, 42°19′44″ N, 86°19′43″ W; then southeast and petty officers of the U.S. Coast back to the shoreline at 42°19′31″ N, Guard on board Coast Guard, Coast 86°18′50″ W; then following along the Guard Auxiliary, local, state, and fed- shoreline back to the beginning. eral law enforcement vessels. Emer- (5) Hammond Intake Crib. All navi- gency response vessels are authorized gable waters bounded by the arc of a to move within the zone but must circle with a 100-yard radius with its abide by the restrictions imposed by center in approximate position 41°42′15″ the Captain of the Port. N, 087°29′49″ W (NAD 83). (3) Persons who would like to transit (6) Zion Nuclear Power Plant. All through a security zone in this section waters of Lake Michigan encompassed must contact the Captain of the Port by a line starting on the shoreline at Lake Michigan at telephone number 42°26′36″ N, 87°48′03″ W; then southeast (414) 747–7182 or on VHF channel 16 to 42°26′20″ N, 87°47′35″ W; then north- (156.8 MHz) to seek permission to tran- east to 42°26′53″ N, 87°47′22″ W; then sit the area. If permission is granted, northwest to the shoreline at 42°27′06″ all persons and vessels shall comply N, 87°48′00″ W; then following along the with the instructions of the Captain of shoreline back to the beginning. the Port Lake Michigan or his or her (7) 68th Street Water Intake Crib. All designated representative. waters of Lake Michigan within the arc (c) Authority. In addition to 33 U.S.C. of a circle with a 100-yard radius of the 1231 and 50 U.S.C. 191, the authority for 68th Street Crib with its center in ap- this section includes 33 U.S.C. 1226. proximate position 41°47′10″ N, 87°31′51″ [CGD09–02–001, 67 FR 53502, Aug. 16, 2002; 67 W. FR 65041, Oct. 23, 2002, as amended by CGD09– (8) Dever Water Intake Crib. All waters 04–020, 69 FR 71709, Dec. 10, 2004; USCG–2011– of Lake Michigan within the arc of a 0489, 76 FR 63204, Oct. 12, 2011; 76 FR 79537, circle with a 100-yard radius of the Dec. 22, 2011] Dever Crib with its center in approximate position 41°54′55″ N, 87°33′20″ W. § 165.911 Security Zones; Captain of (9) 79th Street Water Intake Crib. All the Port Buffalo Zone. waters of Lake Michigan within the arc (a) Location. The following are secu- of a circle with a 100-yard radius of the rity zones: 79th Street Water Filtration Plant (1) Nine Mile Point and Fitzpatrick Nu- with its center in the approximate po- clear Power Plants. The navigable sition 41°45′30″ N, 87°32′32″ W. waters of Lake Ontario bounded by the (10) Wilson Avenue Intake Crib. All following coordinates: commencing at waters of Lake Michigan within the arc 43°30.8′ N, 076°25.7′ W; then north to of a circle with a 100-yard radius of the 43°31.2′ N, 076°25.7′ W; then east-north- Wilson Avenue Crib with its center in east to 43°31.6′ N, 076°24.9′ W; then east approximate position 41°58′00″ N, to 43°31.8′ N, 076°23.2′ W; then south to 087°35′30″ W. (NAD83) 43°31.5′ N, 076°23.2′ W; and then fol- (11) Four Mile Intake Crib. All waters lowing the shoreline back to the point of Lake Michigan within the arc of a of origin (NAD 83). circle with a 100-yard radius of the (2) Ginna Nuclear Power Plant. The Four Mile Crib with its center in ap- waters of Lake Ontario bounded by the proximate position 41°52′40″ N, 087°32′45″ following area, starting at 43°16.9′ N, W. (NAD83) 077°18.9′ W; then north to 43°17.3′ N, (b) Regulations. (1) Under § 165.33, 077°18.9′ W; then east to 43°17.3′ N, entry into these zones is prohibited un- 077°18.3′ W; then south to 43°16.7′ N, less authorized by the Coast Guard 077°18.3′ W; then following the shoreline Captain of the Port Lake Michigan. back to starting point (NAD 83).

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(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; ber (315) 769–5483, or on VHF/FM chan- southwest to 41°35.4′ N, 083°03.7′ W; then nel 16 to seek permission to transit the back to the starting point 41°36.1′ N, area. If permission is granted, all per- 083°04.7′ W (NAD 83). sons and vessels shall comply with the (3) North American International Auto instructions of the Captain of the Port Show, Detroit River, Detroit, MI. All or his or her designated representative. waters of the Detroit River encom- (c) Authority. In addition to 33 U.S.C. passed by a line beginning at a point of 1231 and 50 U.S.C. 191, the authority for origin on land adjacent to the west end this section includes 33 U.S.C. 1226. of Joe Lewis Arena at 42°19.44′ N, [CGD09–02–005, 67 FR 53500, Aug. 16, 2002, as 083°03.11′ W; then extending offshore ap- amended by USCG–2010–0821, 75 FR 61100, Oct. proximately 150 yards to 42°19.39′ N, 4, 2010] 083°03.07′ W; then proceeding upriver approximately 2000 yards to a point at § 165.912 Security Zone; Lake Erie, 42°19.72′ N, 083°01.88′ W; then proceeding Perry, OH. onshore to a point on land adjacent to (a) Location: The following area is a the Tricentennial State Park at security zone: all navigable waters of 42°19.79′ N, 083°01.90′ W; then proceeding Lake Erie bounded by a line drawn be- downriver along the shoreline to con- tween the following coordinates begin- nect back to the point of origin on land ning at 41°48.187′ N, 081°08.818′ W; then adjacent to the west end of the Joe due north to 41°48.7′ N, 081°08.818′ W; Louis Arena (NAD 83). This security then due east to 41°48.7′ N, 081°08.455′ W; zone will be enforced for two weeks in then due south to the south shore of the month of January with the exact

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dates and times to be published annu- (2) Persons desiring to transit the ally via a Notice of Enforcement. area of the security zone may contact (b) Regulations. (1) In accordance with the Captain of the Port at telephone § 165.33, entry into this zone is prohib- number (414) 747–7155 or on VHF-FM ited unless authorized by the Coast Channel 16 to seek permission to tran- Guard Captain of the Port Detroit. Sec- sit the area. If permission is granted, tion 165.33 also contains other general all persons and vessels shall comply requirements. with the instructions of the Captain of (2) Persons desiring to transit the Port or his or her designated rep- through either of these security zones, resentative. prior to transiting, must contact the (c) Authority. In addition to 33 U.S.C. Captain of the Port Detroit at tele- 1231 and 50 U.S.C. 191, the authority for phone number (419) 418–6050, or on VHF/ this section includes 33 U.S.C. 1226. FM channel 16 and request permission. [CGD09–02–007, 67 FR 49578, July 31, 2002, as If permission is granted, all persons amended by CGD09–03–277, 69 FR 4242, Jan. and vessels shall comply with the in- 29, 2004] structions of the Captain of the Port or his or her designated representative. § 165.918 Safety Zones; Annual events (c) Authority. In addition to 33 U.S.C. requiring safety zones in the Cap- 1231 and 50 U.S.C. 191, the authority for tain of the Port Sault Sainte Marie this section includes 33 U.S.C. 1226. zone. [CGD09–02–011, 67 FR 46386, July 15, 2002, as (a) Safety zones. The following areas amended by USCG–2013–0034, 79 FR 4079, Jan. are designated safety zones: 24, 2014] (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 of Marquette Harbor within a 1000-foot Michigan. 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 end of the Munising City Dock, cen- 44°17.12 N, 087°31.59 W, then southeast- tered in position: 46°24′50.08″ N, erly to 44°16.48 N, 087°31.42 W, then 086°39′08.52″ W [DATUM: NAD 83]. southwesterly 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 within these safety zones, or take [USCG–2011–0188, 76 FR 31841, June 2, 2011] other actions authorized by the Cap- tain of the Port Sault Sainte Marie. § 165.920 Regulated Navigation Area: Public vessel means a vessel owned, USCG Station Port Huron, Port chartered, or operated by the United Huron, MI, Lake Huron. States or by a State or political sub- (a) Location. All waters of Lake division thereof. Huron encompassed by the following: (c) Regulations. (1) In accordance with starting at the northwest corner at the general regulations in § 165.23 of 43°00.4′ N, 082°25.327′ W; then east to this part, entry into, transiting, or an- 43°00.4′ N, 082°25.23.8′ W; then south to choring within any of the safety zones 43°00.3′ N, 082°25.238′ W; then west to listed in this section is prohibited un- 43°00.3′ N, 082°25.327′ W; then following

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the shoreline north back to the point quantity in excess of 1 metric ton per of origin (NAD 83). barge. (b) Special regulations. No vessel may (4) Division 5.1 oxidizing materials fish, anchor, or moor within the RNA for which a permit is required under 49 without obtaining the approval of the CFR 176.415 or, for which a permit is re- Captain of the Port (COTP) Detroit. quired as a condition of a Research and Vessels need not request permission Special Programs Administration ex- from COTP Detroit if only transiting emption. through the RNA. COTP Detroit can be (5) A liquid material that has a pri- reached by telephone at (313) 568–9560, mary or subsidiary classification of Di- or by writing to: Sector Detroit, 110 vision 6.1 ‘‘poisonous material’’ as list- Mt. Elliot Ave., Detroit MI 48207–4380. ed in 49 CFR 172.101 that is also a ‘‘material poisonous by inhalation’’, as de- [CDG09–03–287, 69 FR 23103, Apr. 28, 2004, as fined in 49 CFR 171.8 and that is in a amended by USCG–2012–0306, 77 FR 37315, bulk packaging, or that is in a quan- June 21, 2012] tity in excess of 20 metric tons per § 165.921 Regulated Navigation Area; barge when not in a bulk packaging. 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 trim, draft, stability, or stresses of the Coast Guard District Commander may vessel. Likewise, it includes any water consider and approve alternative meth- taken on board due to free communica- ods to be used by a reporting party to tion between the hull of the vessel and meet any reporting requirements if— exterior water. Potable water is water (1) The request is submitted in writ- treated and stored aboard the vessel ing to Commander, Ninth Coast Guard that is suitable for human consump- District (m), 1240 E. Ninth Street, tion. Cleveland, Ohio, 44199–2060; and (ii) Vessels with non-potable water (2) The alternative provides an equiv- onboard are permitted to transit the alent level of the reporting that which safety zone if they have taken steps to would be achieved by the Coast Guard prevent the release, in any form, of with the required check-in points. that water in or on the other side of (i) Deviation from this section is prohibited unless specifically authorized the safety zone. Alternatively, vessels by the Commander, Ninth Coast Guard with non-potable water onboard are District or the IRVMC. permitted to transit the safety zone if they have plans to dispose of the water (Approved by the Office of Management and in a biologically sound manner. Budget under OMB control number 1625–1505) (iii) Vessels with non-potable water [CDG09–03–241, 68 FR 57622, Oct. 6, 2003] aboard that intend to discharge on the EFFECTIVE DATE NOTE: By USCG–2013–0849, other side of the zone must contact the 78 FR 61185, Oct. 3, 2013, § 165.921 was amended Coast Guard’s Ninth District Com- by staying paragraphs (d), (e), (f), (g), and mander or his or her designated rep- (h), effective from Oct. 3, 2013 until Dec. 31, resentatives prior to transit and obtain 2015. permission to transit and discharge. § 165.923 Safety Zone and Regulated Examples of discharges that may be ap- Navigation Area, Chicago Sanitary proved include plans to dispose of the and Ship Canal, Romeoville, IL. water in a biologically sound manner (a) Safety Zone. (1) The following area or demonstrate through testing that is a safety zone: All waters of the Chi- the non-potable water does not contain cago Sanitary and Ship Canal located potential live Silver or Asian carp, via- between mile marker 296.1 and mile ble eggs, or gametes. marker 296.7. (iv) In accordance with the general (2) Regulations. (i) All vessels are pro- regulations in § 165.23 of this part, hibited from transiting the safety zone entry into, transiting, or anchoring with any non-potable water on board if within this safety zone by vessels with they intend to release that water in non-potable water on board is prohib- any form within, or on the other side of ited unless authorized by the Coast the safety zone. Non-potable water in- Guard’s Ninth District Commander, his cludes, but is not limited to, any water or her designated representatives, or taken on board to control or maintain an on-scene representative.

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(v) The Captain of the Port, Sector sonnel on vessels transiting the RNA Lake Michigan, may further designate should remain inside the cabin, or as an ‘‘on-scene’’ representative. The Cap- inboard as practicable. If personnel tain of the Port, Sector Lake Michi- must be on open decks, they must wear gan, or the on-scene representative a Coast Guard approved personal flota- may be contacted via VHF–FM radio tion device. Channel 16 or through the Coast Guard (I) Vessels may not moor or lay up on Sector Lake Michigan Command Cen- the right or left descending banks of ter at (414) 747–7182. the RNA. (b) Regulated Navigation Area. (1) The (J) Towboats may not make or break following is a regulated navigation tows if any portion of the towboat or area (RNA): all waters of the Chicago tow is located in the RNA. Sanitary and Ship Canal, Romeoville, (K) Persons on board any vessel IL located between mile marker 295.5 transiting this RNA in accordance with and mile marker 297.2. this rule or otherwise are advised they (2) Regulations. (i) The general regu- do so at their own risk. 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) Vessels must be greater than 20 barges, while transiting the RNA. The feet in length. bow boat must be capable of preventing (B) Vessels must not be a personal or a tow containing one or more barges human powered watercraft (i.e. jet skis, from coming into contact with the wave runners, kayaks, row boats, etc.). shore and other moored vessels. (C) All up-bound and down-bound Designated representative means the barge tows that consist of barges car- Captain of the Port Lake Michigan and rying flammable liquid cargos (Grade A Commanding Officer, Marine Safety through C, flashpoint below 140 degrees Unit Chicago. Fahrenheit, or heated to within 15 de- On-scene representative means any grees Fahrenheit of flash point) must Coast Guard commissioned, warrant or engage the services of a bow boat at all petty officer who has been designated times until the entire tow is clear of by the Captain of the Port, Sector the RNA. Lake Michigan, to act on his or her be- (D) Vessels engaged in commercial half. The on-scene representative of the service, as defined in 46 U.S.C. 2101(5), Captain of the Port, Sector Lake may not pass (meet or overtake) in the Michigan, will be aboard a Coast RNA and must make a SECURITE call Guard, Coast Guard Auxiliary, or other when approaching the RNA to an- designated vessel or will be on shore nounce intentions and work out pass- and will communicate with vessels via ing arrangements. VHF–FM radio or loudhailer. (E) Commercial tows transiting the Vessel means every description of RNA must be made up with only wire watercraft or other artificial contriv- rope to ensure electrical connectivity ance used, or capable or being used, as between all segments of the tow. a means of transportation on water. (F) All vessels are prohibited from This definition includes, but is not lim- loitering in the RNA. ited to, barges. (G) Vessels may enter the RNA for (d) Compliance. All persons and ves- the sole purpose of transiting to the sels must comply with this section and other side and must maintain headway any additional instructions or orders of throughout the transit. All vessels and the Coast Guard’s Ninth District Com- persons are prohibited from dredging, mander or his or her designated rep- laying cable, dragging, fishing, con- resentatives. Any person on board any ducting salvage operations, or any vessel transiting this RNA in accord- other activity, which could disturb the ance with this rule or otherwise does so bottom of the RNA. at his or her own risk. (H) Except for law enforcement and (e) Waiver. For any vessel, the Coast emergency response personnel, all per- Guard’s Ninth Coast Commander or his

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or her designated representatives may § 165.928 Security Zone; Mackinac waive any of the requirements of this Bridge, Straits of Mackinac, Michi- section, upon finding that operational gan. conditions or other circumstances are (a) Definitions. The following defini- such that application of this section is tions apply to this section: unnecessary or impractical for the pur- (1) Designated Representative means poses of vessel and mariner safety. those persons designated by the Cap- [USCG–2011–1108, 76 FR 77124, Dec. 12, 2011, as tain of the Port to monitor these secu- amended at 78 FR 42015, July 15, 2013] rity zones, permit entry into these zones, give legally enforceable orders § 165.927 Safety Zone; St. Louis River, to persons or vessels within these zones Duluth/Interlake Tar Remediation and take other actions authorized by Site, Duluth, MN. the Captain of the Port. Persons au- (a) Location: The following area is a thorized in paragraph (e) to enforce safety zone: All waters of Stryker Bay this section and Vessel Traffic Service and Hallett Slips 6 & 7 which are lo- St. Marys River (VTS) are Designated cated north of a boundary line delin- Representatives. eated by the following points: From (2) Federal Law Enforcement Officer the shoreline at 46°43′10.00″ N, means any employee or agent of the 092°10′31.66″ W, then south to 46°43′06.24″ United States government who has the N, 092°10′31.66″ W, then east to authority to carry firearms and make 46°43′06.24″ N, 092°09′41.76″ W, then north warrantless arrests and whose duties to the shoreline at 46°43′10.04″ N, involve the enforcement of criminal 092°09′41.76″ W. [Datum NAD 83]. laws of the United States. (b) Regulations. (1) In accordance with (3) Navigable waters of the United the general regulations in § 165.23 of States means those waters defined as this part, entry into, transiting, or an- such in 33 CFR part 2. choring within this safety zone is pro- (4) Public vessel means vessels owned, hibited unless authorized by the Cap- chartered, or operated by the United tain of the Port Duluth, or his des- States, or by a State or political sub- ignated on-scene representative. division thereof. (2) This safety zone is closed to all (5) Michigan Law Enforcement Officer vessel traffic, except as may be per- means any regularly employed member mitted by the Captain of the Port Du- of a Michigan police force responsible luth or his designated on-scene rep- for the prevention and detection of resentative. crime and the enforcement of the gen- (3) The ‘‘designated on-scene rep- eral criminal laws of Michigan as de- resentative’’ of the Captain of the Port fined in Michigan Compiled Laws sec- is any Coast Guard commissioned, war- tion 28.602(l)(i). rant or petty officer who has been des- (b) Security zone. The following area ignated by the Captain of the Port to is a security zone: All waters enclosed act on his behalf. The on-scene rep- by a line connecting the following resentative of the Captain of the Port points: 45°50.763 N: 084°43.731 W, which will be aboard either a Coast Guard or is the northwest corner; thence east to Coast Guard Auxiliary vessel. The Cap- 45°50.705 N: 084°43.04 W, which is the tain of the Port or his designated on- northeast corner; thence south to scene representative may be contacted 45°47.242 N: 084°43.634 W, which is the by calling Coast Guard Marine Safety southeast corner; thence west to Unit Duluth at (218) 720–5286. 45°47.30 N: 084°44.320 W, which is the (4) Vessel operators desiring to enter southwest corner; then north to the or operate within the safety zone shall point of origin. The zone described contact the Captain of the Port Duluth above includes all waters on either side to obtain permission to do so. Vessel of the Mackinac Bridge within one- operators given permission to enter or quarter mile of the bridge. [Datum: operate in the safety zone shall comply NAD 1983]. with all directions given to them by (c) Obtaining permission to enter or the Captain of the Port Duluth or his move within, the security zone: All ves- on-scene representative. sels must obtain permission from the [CGD09–06–122, 71 FR 66112, Nov. 13, 2006] COTP or a Designated Representative

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to enter or move within, the security conditions or other circumstances are zone established in this section. Ves- such that application of this section is sels with an operable Automatic Iden- unnecessary or impractical for the pur- tification System (AIS) unit should pose of port security, safety or environ- seek permission from the COTP or a mental safety. Designated Representative at least 1 (h) Enforcement period. This rule will hour in advance. Vessels with an oper- be enforced Labor Day of each year; 6 able AIS unit may contact VTS St. a.m. (local) to 11:59 p.m. (midnight) Marys River (Soo Traffic) on VHF (local). channel 12. Vessels without an operable AIS unit should seek permission at [CGD09–06–019, 71 FR 45389, Aug. 9, 2006] least 30 minutes in advance. Vessels without an operable AIS unit may con- § 165.929 Safety Zones; Annual events tact Coast Guard Station St. Ignace on requiring safety zones in the Cap- VHF channel 16. tain of the Port Lake Michigan (d) Regulations. The general regula- zone. tions in 33 CFR part 165 subpart D, (a) Regulations. The following regula- apply to any vessel or person in the tions apply to the safety zones listed in navigable waters of the United States Table 165.929 of this section. to which this section applies. No per- (1) The general regulations in 33 CFR son or vessel may enter the security 165.23. zone established in this section unless (2) All vessels must obtain permis- authorized by the Captain of the Port sion from the Captain of the Port Lake or his designated representatives. Ves- Michigan or his or her designated rep- sels and persons granted permission to resentative to enter, move within, or enter the security zone shall obey all exit a safety zone established in this lawful orders or directions of the Cap- section when the safety zone is en- tain of the Port or his designated representatives. All vessels entering or forced. Vessels and persons granted moving within the security zone must permission to enter one of the safety operate at speeds which are necessary zones listed in this section must obey to maintain a safe course and which all lawful orders or directions of the will not exceed 12 knots. Captain of the Port Lake Michigan or (e) Enforcement. Any Coast Guard his or her designated representative. commissioned, warrant or petty officer Upon being hailed by the U.S. Coast may enforce the rules in this section. Guard by siren, radio, flashing light or In the navigable waters of the United other means, the operator of a vessel States to which this section applies, must proceed as directed. when immediate action is required and (3) The enforcement dates and times representatives of the Coast Guard are for each of the safety zones listed in not present or not present in sufficient Table 165.929 are subject to change, but force to provide effective enforcement the duration of enforcement would re- of this section, any Federal Law En- main the same or nearly the same total forcement Officer or Michigan Law En- number of hours as stated in the table. forcement Officer may enforce the In the event of a change, the Captain of rules contained in this section pursu- the Port Lake Michigan will provide ant to 33 CFR 6.04–11. In addition, the notice to the public by publishing a No- Captain of the Port may be assisted by tice of Enforcement in the FEDERAL other Federal, state or local agencies REGISTER, as well as, issuing a Broad- in enforcing this section pursuant to 33 CFR 6.04–11. cast Notice to Mariners. (f) Exemption. Public vessels as de- (b) Definitions. The following defini- fined in paragraph (a) 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- (g) Waiver. For any vessel, the Cap- rant, or petty officer designated by the tain of the Port Sault Ste. Marie may Captain of the Port Lake Michigan to waive any of the requirements of this monitor a safety zone, permit entry section, upon finding that operational

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into a zone, give legally enforceable or- the listed duration in this section, he ders to persons or vessels within a safe- or she may make the public aware of ty zone, and take other actions author- this suspension by Broadcast Notice to ized by the Captain of the Port Lake Mariners and/or on-scene notice by his Michigan. or her designated representative. (2) Public vessel means a vessel that is (d) Exemption. Public vessels, as de- owned, chartered, or operated by the fined in paragraph (b) of this section, United States, or by a State or polit- are exempt from the requirements in ical subdivision thereof. this section. (3) Rain date refers to an alternate date and/or time in which the safety (e) Waiver. For any vessel, the Cap- zone would be enforced in the event of tain of the Port Lake Michigan or his inclement weather. or her designated representative may (c) Suspension of enforcement. The waive any of the requirements of this Captain of the Port Lake Michigan section, upon finding that operational may suspend enforcement of any of conditions or other circumstances are these zones earlier than listed in this such that application of this section is section. Should the Captain of the Port unnecessary or impractical for the pur- suspend any of these zones earlier than poses of safety or security.

TABLE 165.929

Event Location 1 Enforcement date and time 2

(a) March Safety Zones

(1) St. Patrick’s Day Fireworks Manitowoc, WI. All waters of the Manitowoc River in The third Saturday of March; Manitowoc, WI within the arc of a circle with a 200-foot ra- 5:30 p.m. to 7 p.m. dius from the fireworks launch site located in position 44°5′29.6″ N, 087°39′23.0″ W.

(b) April Safety Zones

(1) Michigan Aerospace Chal- Muskegon, MI. All waters of Muskegon Lake, near the West The last Saturday of April; 8 lenge Sport Rocket Launch. Michigan Dock and Market Corp facility, within the arc of a a.m. to 4 p.m. circle with a 1500-yard radius from the rocket launch site located in position 43°14′21″ N, 086°15′35″ W. (2) Lubbers Cup Regatta ...... Spring Lake, MI. All waters of Spring Lake in Spring Lake, April 12; 8 a.m. to 6 p.m., and Michigan in the vicinity of Keenan Marina within a rectangle April 13; 8:40 a.m. to 12:30 that is approximately 6,300 by 300 feet. The rectangle will p.m. be bounded by points beginning at 43°04′55″ N, 086°12′32″ W; then east to 43°04′57″ N, 086°11′6″ W; then south to 43°04′55″ N, 086°11′5″ W; then west to 43°04′52″ N, 086°12′32″ W; then north back to the point of origin.

(1) Tulip Time Festival Fire- Holland, MI. All waters of Lake Macatawa, near Kollen Park, The first Saturday of May; works. within the arc of a circle with a 1000-foot radius from the 9:30 p.m. to 11:30 p.m. Rain fireworks launch site in position 42°47′23″ N, 086°07′22″ W. date: The first Friday of May; 9:30 p.m. to 11:30 p.m. (2) Cochrane Cup ...... Blue Island, IL. All waters of the Calumet Saganashkee The first Saturday of May; Channel from the South Halstead Street Bridge at 6:30 a.m. to 5 p.m. 41°39′27″ N, 087°38′29″ W; to the Crawford Avenue Bridge at 41°39′05″ N, 087°43′08″ W; and the Little Cal- umet River from the Ashland Avenue Bridge at 41°39′7″ N, 087°39′38″ W; to the junction of the Calumet Saganashkee Channel at 41°39′23″ N, 087°39′00″ W. (3) Rockets for Schools Rocket Sheboygan, WI. All waters of Lake Michigan and Sheboygan The first Saturday of May; 8 Launch. Harbor, near the Sheboygan South Pier, within the arc of a a.m. to 5 p.m. circle with a 1500-yard radius from the rocket launch site located with its center in position 43°44′55″ N, 087°41′52″ W. (4) Celebrate De Pere ...... De Pere, WI. All waters of the Fox River, near Voyageur The Sunday before Memorial Park, within the arc of a circle with a 500 foot radius from Day; 8:30 p.m. to 10 p.m. the fireworks launch site located in position 44°27′10″ N, 088°03′50″ W.

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TABLE 165.929—Continued

Event Location 1 Enforcement date and time 2

(d) June Safety Zones

(1) International Bayfest ...... Green Bay, WI. All waters of the Fox River, near the Western The second Friday of June; 9 Lime Company 1.13 miles above the head of the Fox p.m. to 11 p.m. River, within the arc of a circle with a 1,000-foot radius from the fireworks launch site located in position 44°31′24″ N, 088°00′42″ W. (2) Harborfest Music and Fam- Racine, WI. All waters of Lake Michigan and Racine Harbor, Friday and Saturday of the ily Festival. near the Racine Launch Basin Entrance Light, within the third complete weekend of arc of a circle with a 200-foot radius from the fireworks June; 9 p.m. to 11 p.m. launch site located in position 42°43′43″ N, 087°46′40″ W. each day. (3) Spring Lake Heritage Fes- Spring Lake, MI. All waters of the Grand River within the arc The third Saturday of June; 9 tival Fireworks. of a circle with a 700-foot radius from a barge in position p.m. to 11 p.m. 43°04’22.5″ N, 086°12′24.07″ W. (4) Elberta Solstice Festival ..... Elberta, MI. All waters of Betsie Lake within the arc of a circle The last Saturday of June; 9 with a 500-foot radius from the fireworks launch site lo- p.m. to 11 p.m. cated in approximate position 44°37′36.5″ N 086°13′59.6″ W. (5) World War II Beach Inva- St. Joseph, MI. All waters of Lake Michigan in the vicinity of The last Saturday of June; 8 sion Re-enactment. Tiscornia Park in St. Joseph, MI beginning at 42°06′55″ N, a.m. to 2 p.m. 086°29′23″ W; then west/northwest along the north breakwater to 42°06′59″ N, 086°29′41″ W; then northwest 100 yards to 42°07′01″ N, 086°29′44″ W; then northeast 2,243 yards to 42°07′50″ N, 086°28′43″ W; the southeast to the shoreline at 42°07′39″ N, 086°28′27″ W; then southwest along the shoreline to the point of origin. (6) Ephraim Fireworks ...... Ephraim, WI. All waters of Eagle Harbor and Lake Michigan The third Saturday of June; 9 within the arc of a circle with a 750-foot radius from the p.m. to 11 p.m. fireworks launch site located on a barge in position 45°09′18″ N, 087°10′51″ W. (7) Thunder on the Fox ...... Elgin, IL. All waters of the Fox River, near Elgin, Illinois, be- Friday, Saturday, and Sunday tween Owasco Avenue, located at approximate position of the third weekend in 42°03′06″ N, 088°17′28″ W and the Kimball Street bridge, June; 10 a.m. to 7 p.m. located at approximate position 42°02′31″ N, 088°17′22″ W. each day. (8) Olde Ellison Bay Days Fire- Ellison Bay, WI. All waters of Lake Michigan, in the vicinity of The fourth Saturday of June; 9 works. Ellison Bay Wisconsin, within a 400-foot radius from the p.m. to 10 p.m. fireworks launch site located on a barge in position 45°15′36″ N, 087°05′03″ W. (9) Sheboygan Harborfest Fire- Sheboygan, WI. All waters of Lake Michigan and Sheboygan June 15; 8:45 p.m. to 10:45 works. Harbor within the arc of a circle with a 1000-foot radius p.m. from the fireworks launch site located in position 43°44′55″ N, 087°41′54.8″ W.

(e) July Safety Zones

(1) Town of Porter Fireworks Porter IN. All waters of Lake Michigan within the arc of a cir- The first Saturday of July; 8:45 Display. cle with a 1000 foot radius from the fireworks launch site p.m. to 9:30 p.m. located in position 41°39′56″ N, 087°03′57″ W. (2) City of Menasha 4th of July Menasha, WI. All waters of Lake Winnebago and the Fox July 4; 9 p.m. to 10:30 p.m. Fireworks. River within an 800-foot radius from the fireworks launch site located in position 44°12′14″ N, 088°25′31.4″ W. (3) Pentwater July Third Fire- Pentwater, MI. All waters of Lake Michigan and the July 3; 9 p.m. to 11 p.m. Rain works. Pentwater Channel within the arc of a circle with a 1,000- date: July 4; 9 p.m. to 11 foot radius from the fireworks launch site located in position p.m. 43°46′57″ N, 086°26′38″ W. (4) Taste of Chicago Fireworks Chicago, IL. All waters of Monroe Harbor and Lake Michigan July 3; 9 p.m. to 11 p.m. Rain bounded by a line drawn from 41°53′24″ N, 087°35′59″ W; date: July 4; 9 p.m. to 11 then east to 41°53′15″ N, 087°35′26″ W; then south to p.m. 41°52′49″ N, 087°35′26″ W; then southwest to 41°52′27″ N, 087°36′37″ W; then north to 41°53′15″ N, 087°36′33″ W; then east returning to the point of origin. (5) St. Joseph Fourth of July St. Joseph, MI. All waters of Lake Michigan and the St. Jo- July 4; 9 p.m. to 11 p.m. Rain Fireworks. seph River within the arc of a circle with a 1000-foot radius date: July 5; 9 p.m. to 11 from the fireworks launch site in position 42°06′52″ N, p.m. 086°29′28.2″ W. (6) US Bank Fireworks...... Milwaukee, WI. All waters and adjacent shoreline of Mil- July 3; 9 p.m. to 11 p.m. Rain waukee Harbor, in the vicinity of Veteran’s park, within the date: July 4; 9 p.m. to 11 arc of a circle with a 1,200-foot radius from the center of p.m. the fireworks launch site which is located on a barge in approximate position 43°02′22″ N, 087°53′29″ W.

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TABLE 165.929—Continued

Event Location 1 Enforcement date and time 2

(7) Manistee Independence Manistee, MI. All waters of Lake Michigan, in the vicinity of July 3; 9 p.m. to 11 p.m. Rain Day Fireworks. the First Street Beach, within the arc of a circle with a date: July 4; 9 p.m. to 11 1,000-foot radius from the fireworks launch site located in p.m. position 44°14′51″ N, 086°20′46″ W. (8) Frankfort Independence Frankfort, MI. All waters of Lake Michigan and Frankfort Har- July 4; 9 p.m. to 11 p.m. Rain Day Fireworks. bor, bounded by a line drawn from 44°38′06″ N, date: July 5; 9 p.m. to 11 086°14′50″ W; then south to 44°37′37″ N, 086°14′48″ W; p.m. then west to 44°37′37″ N, 086°15′16″ W; then north to 44°38′06″ N, 086°15′16″ W. (9) Freedom Festival Fireworks Ludington, MI. All waters of Lake Michigan and Ludington July 4; 9 p.m. to 11 p.m. Rain Harbor within the arc of a circle with a 800-foot radius from date: July 5; 9 p.m. to 11 the fireworks launch site located in position 43°57′10.3″ N, p.m. 086°27′43.0″ W. (10) White Lake Independence Montague, MI. All waters of White Lake, in the vicinity of the July 4; 9 p.m. to 11 p.m. Rain Day Fireworks. Montague boat launch, within the arc of a circle with a date: July 5; 9 p.m. to 11 1000-foot radius from the fireworks launch site located in p.m. position 43°24′33″ N, 086°21′28″ W. (11) Muskegon Summer Cele- Muskegon, MI. All waters of Muskegon Lake, in the vicinity of July 4; 9 p.m. to 11 p.m. Rain bration July Fourth Fireworks. Heritage Landing, within the arc of a circle with a 1000-foot date: July 5; 9 p.m. to 11 radius from a fireworks launch site located on a barge in p.m. position 43°14′00″ N, 086°15′50″ W. (12) Grand Haven Jaycees An- Grand Haven, MI. All waters of the Grand River within the arc July 4; 9 p.m. to 11:30 p.m. nual Fourth of July Fireworks. of a circle with a 800-foot radius from the fireworks launch Rain date: July 5; 9 p.m. to site located on the west bank of the Grand River in position 11:30 p.m. 43°3′54.4″ N, 086°14′14.8″ W. (13) Celebration Freedom Fire- Holland, MI. All waters of Lake Macatawa in the vicinity of The Saturday prior to July 4; 9 works. Kollen Park within a 2000-foot radius of an approximate p.m. to 11 p.m. Rain date: launch position at 42°47′27.5″ N, 086°7′37.1″ W. July 4; 9 p.m. to 11 p.m. (14) Van Andel Fireworks Holland, MI. All waters of Lake Michigan and the Holland July 4; 9 p.m. to 11 p.m. Show. Channel within the arc of a circle with a 1000-foot radius Raindate: July 3; 9 p.m. to from the fireworks launch site located in approximate posi- 11 p.m. tion 42°46’21″ N, 086°12′43.5″ W. (15) Saugatuck Independence Saugatuck, MI. All waters of Kalamazoo Lake within the arc July 4; 8 p.m. to 10 p.m. Rain Day Fireworks. of a circle with a 500-foot radius from the fireworks launch date: July 5; 8 p.m. to 10 site in position 42°39′4.4″ N, 086°12′17.1″ W. p.m. (16) South Haven Fourth of South Haven, MI. All waters of Lake Michigan and the Black July 3; 9:30 p.m. to 11:30 p.m. July Fireworks. River within the arc of a circle with a 1000-foot radius from the fireworks launch site located in position 42°24′7.5″ N, 086°17′11.8″ W. (17) Town of Dune Acres Inde- Dune Acres, IN. All Waters of Lake Michigan within the arc of The first Saturday of July; 8:45 pendence Day Fireworks. a circle with a 700-foot radius from the fireworks launch p.m. to 10:30 p.m. site located in position 41°39′18.1″ N, 087°5′14.3″ W. (18) Gary Fourth of July Fire- Gary, IN. All waters of Lake Michigan, approximately 2.5 July 4; 9 p.m. to 11 p.m. Rain works. miles east of Gary Harbor, within the arc of a circle with a date: July 5; 9 p.m. to 11 500-foot radius from the fireworks launch site located in po- p.m. sition 41°37′19″ N, 087°14′31″ W. (19) Joliet Independence Day Joliet, IL. All waters of the Des Plains River, at mile 288, July 3; 9 p.m. to 11 p.m. Rain Celebration Fireworks. within the arc of a circle with a 500-foot radius from the date: July 4; 9 p.m. to 11 fireworks launch site located in position 41°31′31″ N, p.m. 088°05′15″ W. (20) Glencoe Fourth of July Glencoe, IL. All waters of Lake Michigan in the vicinity of July 4; 9 p.m. to 11 p.m. Rain Celebration Fireworks. Lake Front Park, within the arc of a circle with a 500-foot date: July 5; 9 p.m. to 11 radius from a barge in position 42°08′24.22″ N, p.m. 087°44′55.80″ W. (21) Lakeshore Country Club Glencoe, IL. All waters of Lake Michigan within the arc of a July 4; 9 p.m. to 11 p.m. Rain Independence Day Fireworks. circle with a 1000-foot radius from the fireworks launch site date: July 5; 9 p.m. to 11 located in position 42°08′27″ N, 087°44′57″ W. p.m. (22) Shore Acres Country Club Lake Bluff, IL. All waters of Lake Michigan within the arc of a July 4; 9 p.m. to 11 p.m. Rain Independence Day Fireworks. circle with a 600-foot radius from approximate position date: July 5; 9 p.m. to 11 42°17′50.8″ N, 087°49′50.2″ W. p.m. (23) Kenosha Independence Kenosha, WI. All waters of Lake Michigan and Kenosha Har- July 4; 9 p.m. to 11 p.m. Rain Day Fireworks. bor within the arc of a circle with a 1000-foot radius from date: July 5; 9 p.m. to 11 the fireworks launch site located in position 42°35′17″ N, p.m. 087°48′27″ W. (24) Fourthfest of Greater Racine, WI. All waters of Lake Michigan and Racine Harbor July 4; 9 p.m. to 11 p.m. Rain Racine Fireworks. in the vicinity of North Beach within a 320-foot radius of a date: July 5; 9 p.m. to 11 launch position at 42°44′14.1″ N, 087°46′33.7″ W All p.m. waters of Lake Michigan and Racine Harbor in the vicinity of North Beach within a 420-foot radius of a launch position at 42°44′17″ N, 087°46′42″ W.

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Event Location 1 Enforcement date and time 2

(25) Sheboygan Fourth of July Sheboygan, WI. All waters of Lake Michigan and Sheboygan July 4; 9 p.m. to 11 p.m. Rain Celebration Fireworks. Harbor, in the vicinity of the south pier, within the arc of a date: July 5; 9 p.m. to 11 circle with a 1000-foot radius from the fireworks launch site p.m. located in position 43°44′55″ N, 087°41′51″ W. (26) Manitowoc Independence Manitowoc, WI. All waters of Lake Michigan and Manitowoc July 4; 9 p.m. to 11 p.m. Rain Day Fireworks. Harbor, in the vicinity of south breakwater, within the arc of date: July 5; 9 p.m. to 11 a circle with a 1000-foot radius from the fireworks launch p.m. site located in position 44°05′24″ N, 087°38′45″ W. (27) Sturgeon Bay Independ- Sturgeon Bay, WI. All waters of Sturgeon Bay, in the vicinity July 4; 9 p.m. to 11 p.m. Rain ence Day Fireworks. of Sunset Park, within the arc of a circle with a 1000-foot date: July 5; 9 p.m. to 11 radius from the fireworks launch site located on a barge in p.m. position 44°50′37″ N, 087°23′18″ W. (28) Fish Creek Independence Fish Creek, WI. All waters of Green Bay, in the vicinity of The first Saturday after July 4; Day Fireworks. Fish Creek Harbor, within the arc of a circle with a 1000- 9 p.m. to 11 p.m. foot radius from the fireworks launch site located on a barge in position 45°07′52″ N, 087°14′37″ W. (29) Fire over the Fox Fire- Green Bay, WI. All waters of the Fox River including the July 4; 9:45 p.m. to 11 p.m. works. mouth of the East River from the railroad bridge in approxi- Rain date: July 5; 9:45 p.m. mate position 44°31′28″ N, 088°0′38″ W then southwest to to 11 p.m. the US 141 bridge in approximate position 44°31′6.1″ N, 088°0′57.8″ W. (30) Celebrate Americafest Ski Green Bay, WI. All waters of the Fox River including the July 4 from 2:30 p.m. to 4:30 Show. mouth of the East River from the West Walnut Street p.m. Rain date: July 5; 2:30 Bridge in approximate position 44°30′54.7″ N, 088°01′06″ p.m. to 4:30 p.m. W, then northeast to an imaginary line across the river bi- secting 44°31′20.2″ N, 088°0′38.4″ W. (31) Marinette Fourth of July Marinette, WI. All waters of the Menominee River, in the vi- July 4; 9 p.m. to 11 p.m. Rain Celebration Fireworks. cinity of Stephenson Island, within the arc of a circle with a date: July 5; 9 p.m. to 11 900 foot radius from the fireworks launch site in position p.m. 45°6′13.9″ N, 087°37′45.4″ W. (32) Evanston Fourth of July Evanston, IL. All waters of Lake Michigan, in the vicinity of July 4; 9 p.m. to 11 p.m. Rain Fireworks. Centennial Park Beach, within the arc of a circle with a date: July 5; 9 p.m. to 11 500-foot radius from the fireworks launch site located in po- p.m. sition 42°02′56″ N, 087°40′21″ W. (33) Gary Air and Water Show Gary, IN. All waters of Lake Michigan bounded by a line July 10 thru 14; 8:30 a.m. to 5 drawn from 41°37′15″ N, 087°16′45.8″ W; then east to p.m. 41°37′26.4″ N, 087°13′49.3″ W; then north to 41°38′1.0″ N, 087°13′52.6″ W; then southwest to 41°37′48.3″ N, 087°16′46.0″ W; then south returning to the point of origin. (34) Annual Trout Festival Fire- Kewaunee, WI. All waters of Kewaunee Harbor and Lake Friday of the second complete works. Michigan within the arc of a circle with a 1000-foot radius weekend of July; 9 p.m. to from the fireworks launch site located in position 44°27′29″ 11 p.m. N, 087°29′45″ W. (35) Michigan City Summerfest Michigan City, IN. All waters of Michigan City Harbor and Sunday of the second com- Fireworks. Lake Michigan within the arc of a circle with a 1000-foot ra- plete weekend of July; 8:30 dius from the fireworks launch site located in position p.m. to 10:30 p.m. 41°43′42″ N, 086°54′37″ W. (36) Port Washington Fish Day Port Washington, WI. All waters of Port Washington Harbor The third Saturday of July; 9 Fireworks. and Lake Michigan, in the vicinity of the WE Energies coal p.m. to 11 p.m. dock, within the arc of a circle with a 1000-foot radius from the fireworks launch site located in position 43°23′07″ N, 087°51′54″ W. (37) Bay View Lions Club Milwaukee, WI. All waters of Lake Michigan and Milwaukee Friday, Saturday, and Sunday South Shore Frolics Fire- Harbor, in the vicinity of South Shore Yacht Club, within of the second or third week- works. the arc of a circle with a 900-foot radius from the fireworks end of July; 9 p.m. to 11 launch site in position 42°59′39.5″ N, 087°52′48.5″ W. p.m. each day. (38) Venetian Festival Fire- St. Joseph, MI. All waters of Lake Michigan and the St. Jo- Saturday of the third complete works. seph River, near the east end of the south pier, within the weekend of July; 9 p.m. to arc of a circle with a 1000-foot radius from the fireworks 11 p.m. launch site located in position 42°06′48″ N, 086°29′15″ W. (39) Joliet Waterway Daze Joliet, IL. All waters of the Des Plaines River, at mile 287.5, Friday and Saturday of the Fireworks. within the arc of a circle with a 300-foot radius from the third complete weekend of fireworks launch site located in position 41°31′15″ N, July; 9 p.m. to 11 p.m. each 088°05′17″ W. day. (40) EAA Airventure ...... Oshkosh, WI. All waters of Lake Winnebago bounded by a The last complete week of line drawn from 43°57′30″ N, 088°30′00″ W; then south to July, beginning Monday and 43°56′56″ N, 088°29′53″ W, then east to 43°56′40″ N, ending Sunday; 8 a.m. to 8 088°28′40″ W; then north to 43°57′30″ N, 088°28′40″ W; p.m. each day. then west returning to the point of origin.

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TABLE 165.929—Continued

Event Location 1 Enforcement date and time 2

(41) Saugatuck Venetian Night Saugatuck, MI. All waters of Kalamazoo Lake within the arc The last Saturday of July; 9 Fireworks. of a circle with a 500-foot radius from the fireworks launch p.m. to 11 p.m. site located on a barge in position 42°39′4.4″ N, 086°12′17.1″ W. (42) Roma Lodge Italian Fes- Racine, WI. All waters of Lake Michigan and Racine Harbor Friday and Saturday of the last tival Fireworks. within the arc of a circle with a 1000-foot radius from the complete weekend of July; 9 fireworks launch site located in position 42°44′04″ N, p.m. to 11 p.m. 087°46′20″ W. (43) Chicago Venetian Night Chicago, IL. All waters of Monroe Harbor and all waters of Saturday of the last weekend Fireworks. Lake Michigan bounded by a line drawn from 41°53′03″ N, of July; 9 p.m. to 11 p.m. 087°36′36″ W; then east to 41°53′03″ N, 087°36′21″ W; then south to 41°52′27″ N, 087°36′21″ W; then west to 41°52′27″ N, 087°36′37″ W; then north returning to the point of origin. (44) New Buffalo Business As- New Buffalo, MI. All waters of Lake Michigan and New Buf- July 3rd or July 5th; 9:30 p.m. sociation Fireworks. falo Harbor within the arc of a circle with a 800-foot radius to 11:15 p.m. from the fireworks launch site located in position 41°48′09″ N, 086°44′49″ W. (45) Start of the Chicago to Chicago, IL. All waters of Lake Michigan in the vicinity of the July 12; 2 p.m. to 4:30 p.m. Mackinac Race. Navy Pier at Chicago IL, within a rectangle that is approxi- and July 13; 9 a.m. to 3 mately 1500 by 900 yards. The rectangle is bounded by p.m. the coordinates beginning at 41°53′15.1″ N, 087°35′25.8″ W; then south to 41°52′48.7″ N, 087°35′25.8″ W; then east to 41°52′49.0″ N, 087°34′26.0″ W; then north to 41°53′15″ N, 087°34′26″ W; then west, back to point of origin. (46) Fireworks at Pier Wis- Milwaukee, WI. All waters of Milwaukee Harbor, including Dates and times will be issued consin. Lakeshore Inlet and the marina at Pier Wisconsin, within by Notice of Enforcement the arc of a circle with a 300-foot radius from the fireworks and Broadcast Notice to launch site on Pier Wisconsin located in approximate posi- Mariners. tion 43°02′10.7″ N, 087°53′37.5″ W. (47) Gills Rock Fireworks ...... Gills Rock, WI. All waters of Green Bay near Gills Rock WI July 4; 8:30 p.m. to 10:30 p.m. within a 1000-foot radius of the launch vessel in approximate position at 45°17′28.2″ N, 087°1′43.7″ W. (48) City of Menominee 4th of Menominee, MI. All Waters of Green Bay, in the vicinity of July 4; 9 p.m. to 11 p.m. July Celebration Fireworks. Menominee Marina, within the arc of a circle with a 1000- foot radius from position 45°06′18.4″ N, 087°35′55.8″ W. (49) Miesfeld’s Lakeshore Sheboygan, WI. All waters of Lake Michigan and Sheboygan July 26; 9 p.m. to 10 p.m. Weekend Fireworks. Harbor within an 800-foot radius from the fireworks launch site located at the south pier in approximate position 43°44′55″ N, 087°41′58″ W. (50) Marinette Logging and Marinette, WI. All waters of the Menominee River, in the vi- July 13; 9 p.m. to 11 p.m. Heritage Festival Fireworks. cinity of Stephenson Island, within the arc of a circle with a 900-foot radius from the fireworks launch site in position 45°6′13.9″ N, 087°37′45.4″ W.

(f) August Safety Zones

(1) Michigan Super Boat Grand Michigan City, IN. All waters of Lake Michigan bounded by a The first Sunday of August; 9 Prix. rectangle drawn from 41°43′39.3″ N, 086°54′33.0″ W; then a.m. to 4 p.m. Rain date: northeast to 41°44′48.5″ N, 086°51′17.6″ W, then north- The first Saturday of August; west to 41°45′11.7″ N, 086°51′45.4″ W; then southwest to 9 a.m. to 4 p.m. 41°44′3.8″ N, 086°54′52.4″ W; then southeast returning to the point of origin. (2) Milwaukee Air and Water Milwaukee, WI. All waters and adjacent shoreline of Lake July 31 thru August 4; 8:30 Show. Michigan and Bradford Beach located within an area that is a.m. to 5 p.m. approximately 4600 by 1550 yards. The area will be bounded by the points beginning at 43°02′57″ N, 087°52′50″ W; then south along the Milwaukee Harbor break wall to 43°02′41″ N, 087°52′49″ W; then southeast to 43°02′26″ N, 087°52′01″ W; then northeast to 43°04′27″ N, 087°50′30″ W; then northwest to 43°04′41″ N, 087°51′29″ W; then southwest returning to the point of origin. (3) Port Washington Maritime Port Washington, WI. All waters of Port Washington Harbor Saturday of the last complete Heritage Festival Fireworks. and Lake Michigan, in the vicinity of the WE Energies coal weekend of July or the sec- dock, within the arc of a circle with a 1000-foot radius from ond weekend of August; 9 the fireworks launch site located in position 43°23′07″ N, p.m. to 11 p.m. 087°51′54″ W. (4) Grand Haven Coast Guard Grand Haven, MI. All waters of the Grand River within the arc First weekend of August; 9 Festival Fireworks. of a circle with a 600-foot radius from the fireworks launch p.m. to 11 p.m. site located on the west bank of the Grand River in position 43°3′54.4″ N, 086°14′14.8″ W.

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TABLE 165.929—Continued

Event Location 1 Enforcement date and time 2

(5) Sturgeon Bay Yacht Club Sturgeon Bay, WI. All waters of Sturgeon Bay within the arc The first Saturday of August; 8 Evening on the Bay Fire- of a circle with a 280-foot radius from the fireworks launch p.m. to 10 p.m. works. site located on a barge in approximate position 44°49′18.57″ N, 087°21′22.19″ W. (6) Hammond Marina Venetian Hammond, IN. All waters of Hammond Marina and Lake The first Saturday of August; 9 Night Fireworks. Michigan within the arc of a circle with a 1000-foot radius p.m. to 11 p.m. from the fireworks launch site located in position 41°41′53″ N, 087°30′43″ W. (7) North Point Marina Vene- Winthrop Harbor, IL. All waters of Lake Michigan within the The second Saturday of Au- tian Festival Fireworks. arc of a circle with a 1000-foot radius from the fireworks gust; 9 p.m. to 11 p.m. launch site located in position 42°28′55″ N, 087°47′56″ W. (8) Waterfront Festival Fire- Menominee, MI. All Waters of Green Bay, in the vicinity of August 3; 9 p.m. to 11 p.m. works. Menominee Marina, within the arc of a circle with a 1000- foot radius from position 45°06′18.4″ N, 087°35′55.8″ W. (9) Ottawa Riverfest Fireworks Ottawa, IL. All waters of the Illinois River, at mile 239.7, with- The first Sunday of August; 9 in the arc of a circle with a 300-foot radius from the fire- p.m. to 11 p.m. works launch site located in position 41°20′29″ N, 088°51′20″ W. (10) Chicago Air and Water Chicago, IL. All waters and adjacent shoreline of Lake Michi- August 14 thru 18; 8:30 a.m. Show. gan and Chicago Harbor bounded by a line drawn from to 5 p.m. 41°55′54″ N at the shoreline, then east to 41°55′54″ N, 087°37′12″ W, then southeast to 41°54′00″ N, 087°36′00″ W, then southwestward to the northeast corner of the Jardine Water Filtration Plant, then due west to the shore. (11) Pentwater Homecoming Pentwater, MI. All waters of Lake Michigan and the Saturday following the second Fireworks. Pentwater Channel within the arc of a circle with a 1000- Thursday of August; 9 p.m. foot radius from the fireworks launch site located in position to 11 p.m. 43°46′56.5″ N, 086°26′38″ W. (12) Chicago Match Cup Race Chicago, IL. All waters of Chicago Harbor in the vicinity of August 6 thru 11; 8 a.m. to 8 Navy Pier and the Chicago Harbor break wall bounded by p.m. coordinates beginning at 41°53′37″ N, 087°35′26″ W; then south to 41°53′24″ N, 087°35′26″ W; then west to 41°53′24″ N, 087°35′55″ W; then north to 41°53′37″ N, 087°35′55″ W; then back to point of origin. (13) New Buffalo Ship and New Buffalo, MI. All waters of Lake Michigan and New Buf- August 10; 9:30 p.m. to 11:15 Shore Fireworks. falo Harbor within the arc of a circle with a 800-foot radius p.m. from the fireworks launch site located in position 41°48′09″ N, 086°44′49″ W. (14) Sister Bay Marinafest Ski Sister Bay, WI. All waters of Sister Bay within an 800-foot ra- August 31; 1 p.m. to 3:15 p.m. Show. dius of position 45°11′35.1″ N, 087°7′23.5″ W. (15) Sister Bay Marinafest Fire- Sister Bay, WI. All waters of Sister Bay within an 800-foot ra- August 31; 8:15 p.m. to 10 works. dius of the launch vessel in approximate position p.m. 45°11′35.1″ N, 087°7′23.5″ W. (16) Vessel Launch at Marinette, WI. All waters of the Menominee River in the vicin- This zone will be enforced Marinette Marine. ity of Marinette Marine Corporation, between the Bridge when a vessel is launched Street Bridge located in position 45°06′12″ N, 087°37′34″ by issue of Notice of En- W and a line crossing the river perpendicularly passing forcement and Marine through position 45°05′57″ N, 087°36′43″ W, in the vicinity Broadcast. of the Ansul Company. (17) Algoma Shanty Days Fire- Algoma, WI. All waters of Lake Michigan and Algoma Harbor Sunday of the second com- works. within the arc of a circle with a 1000-foot radius from the plete weekend of August; 9 fireworks launch site located in position 44°36′24″ N, p.m. to 11 p.m. 087°25′54″ W.

(g) September Safety Zones

(1) ISAF Nations Cup Grand Sheboygan, WI. All waters of Lake Michigan and Sheboygan September 13; 7:45 p.m. to Final Fireworks Display. Harbor, in the vicinity of the south pier in Sheboygan Wis- 8:45 p.m. consin, within a 500 foot radius from the fireworks launch site located on land in position 43°44′55″ N, 087°41′51″ W.

(h) November Safety Zones

(1) Downtown Milwaukee Fire- Milwaukee, WI. All waters of the Milwaukee River between The third Thursday of Novem- works. the Kilbourn Avenue Bridge at 1.7 miles above the Mil- ber; 6 p.m. to 8 p.m. waukee Pierhead Light to the State Street Bridge at 1.79 miles above the Milwaukee Pierhead Light. (2) Magnificent Mile Fireworks Chicago, IL. All waters and adjacent shoreline of the Chicago The third weekend in Novem- Display. River bounded by the arc of the circle with a 210-foot ra- ber; sunset to termination of dius from the fireworks launch site with its center in ap- display. proximate position of 41°53′21″ N, 087°37′24″ W.

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TABLE 165.929—Continued

Event Location 1 Enforcement date and time 2

(i) December Safety Zones

(1) New Years Eve Fireworks .. Chicago, IL. All waters of Monroe Harbor and Lake Michigan December 31; 11 p.m. to Jan- within the arc of a circle with a 1000-foot radius from the uary 1 at 1 a.m. fireworks launch site located on a barge in approximate position 41°52′41″ N, 087°36′37″ W. 1 All coordinates listed in the Table 165.929 reference Datum NAD 1983. 2 As noted in paragraph (a)(3) of this section, the enforcement dates and times for each of the listed safety zones are subject to change.

[USCG–2013–1033, 79 FR 12066, Mar. 4, 2014] cago River between mile marker 325.6 (point at which the North Branch Chi- § 165.930 Safety Zone, Brandon Road cago River connects to the Chicago Lock and Dam to Lake Michigan in- River (Main Branch) and the South cluding Des Plaines River, Chicago Sanitary and Ship Canal, Chicago Branch Chicago River) and mile mark- River, and Calumet-Saganashkee er 331.4 (end of navigation channel). Channel, Chicago, IL. (6) Calumet-Saganashkee Channel. All (a) Location. The safety zone consists U.S. waters of the Calumet- of the following areas: Saganashkee Channel between mile (1) Des Plaines River. All U.S. waters marker 303.5 (point at which the Cal- of the Des Plaines River located be- umet-Saganashkee Channel connects tween mile marker 286.0 (Brandon Road to the Chicago Sanitary and Ship Lock and Dam) and mile marker 290.0 Canal) and mile marker 333.0; all U.S. (point at which the Des Plaines River waters of the Calumet-Saganashkee connects with the Chicago Sanitary Channel between mile marker 333.0 and and Ship Canal). Lake Michigan (Calumet Harbor). (2) Chicago Sanitary and Ship Canal. (b) Effective period. This rule is effec- All U.S. waters of the Chicago Sanitary tive July 18, 2011. and Ship Canal between mile marker (c) Enforcement. (1) The Captain of 290.0 (point at which the Chicago Sani- the Port, Sector Lake Michigan, may tary and Ship Canal connects to the enforce this safety zone in whole, in Des Plaines River) and mile marker segments, or by any combination of 321.8 (point at which the Chicago Sani- segments. The Captain of the Port, tary and Ship Canal Connects to the Sector Lake Michigan, may suspend South Branch Chicago River). the enforcement of any segment of this (3) South Branch Chicago River. All safety zone for which notice of enforce- U.S. waters of the South Branch Chi- ment had been given. cago River between mile marker 321.8 (2) The safety zone established by (point at which the South Branch Chi- this section will be enforced, pursuant cago River connects to the Chicago to paragraph (c)(1) of this section, only Sanitary and Ship Canal) and mile upon notice by the Captain of the Port, marker 325.6 (point at which the South Sector Lake Michigan. Suspension of Branch Chicago River connects to the any previously announced period of en- Chicago River (Main Branch) and forcement will also be provided by the North Branch Chicago River). Captain of the Port, Sector Lake (4) Chicago River (Main Branch). All Michigan. All notices of enforcement U.S. waters of the Chicago River (Main and notices of suspension of enforce- Branch) between mile marker 325.6 ment will clearly describe any seg- (point at which the Chicago River con- ments of the safety zone affected by nects to the South Branch Chicago the notice. At a minimum, notices of River) and 100 yards extending past the enforcement and notices of suspension end of the Chicago River covering the of enforcement will identify any af- area of the Federal channel within Chi- fected segments by reference to mile cago Harbor. markers. When possible, the Captain of (5) North Branch Chicago River. All the Port, Sector Lake Michigan, will U.S. waters of the North Branch Chi- also identify enforced segments of this

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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 provides as much notice to the public as all vessel traffic, except as may be per- possible. The primary method of notifi- mitted by the Captain of the Port, Sec- cation will be through publication in tor Lake Michigan, or his or her des- the FEDERAL REGISTER. The Captain of ignated representative. As soon as op- the Port, Sector Lake Michigan, will erations permit, the Captain of the also provide notice through other Port, Sector Lake Michigan, will issue means, such as Broadcast Notice to a notice of suspension of enforcement Mariners, local Notice to Mariners, as specified in paragraph (c) of this sec- local news media, distribution in leaf- tion. let form, and on-scene oral notice. Ad- (5) All persons entering any enforced ditionally, the Captain of the Port, segment of the safety zone established Sector Lake Michigan, may notify rep- in this section are advised that they do resentatives from the maritime indus- so at their own risk. try through telephonic and email notifications. [USCG–2011–0228, 76 FR 35109, June 16, 2011] (d) Regulations. (1) In accordance with the general regulations in § 165.23 of § 165.931 Safety Zone, Chicago Harbor, Navy Pier Southeast, Chicago, IL. this part, entry into, transiting, mooring, laying up, or anchoring within any (a) Location. The following area is a enforced segment of the safety zone is safety zone: The waters of Lake Michi- prohibited unless authorized by the gan within Chicago Harbor bounded by Captain of the Port, Sector Lake coordinates beginning at 41°53′26.5″ N, Michigan, or his or her designated rep- 087°35′26.5″ W; then south to 41°53′7.6″ N, resentative. 087°35′26.3″ W; then west to 41°53′7.6″ N, (2) The ‘‘designated representative’’ 087°36′23.2″ W; then north to 41°53′26.5″ of the Captain of the Port, Sector Lake N, 087°36′24.6″ W then east back to the Michigan, is any Coast Guard commis- point of origin (NAD 83). sioned, warrant or petty officer who (b) Definitions. The following defini- has been designated by the Captain of tions apply to this section: the Port, Sector Lake Michigan, to act (1) Designated representative means on his or her behalf. The designated any Coast Guard Commissioned, war- representative of the Captain of the Port, Sector Lake Michigan, will be rant, or petty officer designated by the aboard a Coast Guard, Coast Guard Captain of the Port, Lake Michigan to Auxiliary, or other designated vessel or monitor a safety zone, permit entry will be on shore and will communicate into the zone, give legally enforceable with vessels via VHF radio, loudhailer, orders to persons or vessels within the or by phone. The Captain of the Port, zone, and take other actions authorized Sector Lake Michigan, or his or her by the Captain of the Port. designated representative may be con- (2) Public vessel means vessels owned, tacted via VHF radio Channel 16 or the chartered, or operated by the United Coast Guard Sector Lake Michigan States, or by a State or political sub- Command Center at 414–747–7182. division thereof. (3) To obtain permission to enter or (c) Regulations. (1) In accordance with operate within an enforced segment of the general regulations in 33 CFR the safety zone established by this sec-

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165.23, entry into, transiting, or an- § 165.933 Safety Zone, Chicago Harbor, choring within this safety zone is pro- Navy Pier East, Chicago, IL. hibited unless authorized by the Cap- (a) Location. The following area is a tain of the Port, Lake Michigan, or his safety zone: The waters of Lake Michi- designated representative. gan within Chicago Harbor between the (2) This safety zone is closed to all east end of Navy Pier and the Chicago vessel traffic, excepted as may be per- Harbor breakwater beginning at mitted by the Captain of the Port, 41°53′37″ N, 087°35′26″ W; then south to Lake Michigan or his designated rep- 41°53′24″ N, 087°35′26″ W; then east to resentative. All persons and vessels 41°53′24″ N, 087°35′55″ W; then north to must comply with the instructions of 41°53′37″ N, 087°35′55″ W; then back to the Coast Guard Captain of the Port or the point of origin. his designated representative. Upon (b) Definitions. The following defini- being hailed by the U.S. Coast Guard tions apply to this section: by siren, radio, flashing light or other (1) Designated representative means means, the operator of a vessel shall any Coast Guard commissioned, war- proceed as directed. rant, or petty officer designated by the (3) All vessels must obtain permis- Captain of the Port Lake Michigan to sion from the Captain of the Port or monitor this safety zone, permit entry his designated representative to enter, into this zone, give legally enforceable move within, or exit the safety zone es- orders to persons or vessels within this tablished in this section when this zones and take other actions author- safety zone is enforced. Vessels and ized by the Captain of the Port. persons granted permission to enter (2) Public vessel means vessels owned, the safety zone must obey all lawful or- chartered, or operated by the United ders or directions of the Captain of the States, or by a State or political sub- Port or a designated representative. division thereof. (d) Notice of enforcement or suspension (c) Regulations. (1) The general regu- of enforcement. The safety zone estab- lations in 33 CFR 165.23 apply. lished by this section will be enforced (2) All persons and vessels must com- only upon notice of the Captain of the ply with the instructions of the Coast Port. The Captain of the Port will Guard Captain of the Port Lake Michi- cause notice of enforcement of the gan or a designated representative. safety zone established by this section Upon being hailed by the U.S. Coast to be made by all appropriate means to Guard by siren, radio, flashing light or the affected segments of the public in- other means, the operator of a vessel cluding publication in the FEDERAL shall proceed as directed. REGISTER as practicable, in accordance (3) All vessels must obtain permis- with 33 CFR 165.7(a). Such means of no- sion from the Captain of the Port Lake tification may also include, but are not Michigan or a designated representa- limited to Broadcast Notice to Mari- tive to enter, move within or exit the ners or Local Notice to Mariners. safety zone established in this section (e) Exemption. Public vessels, as de- when this safety zone is enforced. Ves- fined in paragraph (b) of this section, sels and persons granted permission to are exempt from the requirements in enter the safety zone shall obey all this section. lawful orders or directions of the Cap- (f) Waiver. For any vessel, the Cap- tain of the Port Lake Michigan or a designated representative. While with- tain of the Port Lake Michigan or his 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 conditions 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 only upon notice of the Captain of the poses of public or environmental safe- Port. The Captain of the Port Lake ty. Michigan will cause notice of enforce- [USCG–2013–0320, 78 FR 42867, July 18, 2013] 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- tion 43°28′10″ N, 076°31′04″ W (NAD 83) in works Events in the Captain of the Oswego, NY. Port Buffalo Zone. (ii) Enforcement date and time. From (a) Safety zones. The following are 9:00 to 10:30 p.m. on the last Saturday designated as safety zones: of July each year. (1) Boldt Castle 4th of July Fireworks, (8) Brewerton Fireworks, Brewerton, Heart Island, NY. (i) Location. All U.S. NY. (i) Location. All U.S. waters of waters of the Saint Lawrence River Lake Oneida within an 840 foot radius within a 1,120 foot radius of land posi- of barge position 43°14′16.4″ N, tion 44°20′38.5″ N, 075°55′19.1″ W (NAD 83) 076°08′03.6″ W (NAD 83) in Brewerton, at Heart Island, NY. NY. (ii) Enforcement date and time. From (ii) Enforcement date and time. From 8:30 p.m. to 10:30 p.m. on July 4 of each 9:00 p.m. to 10:30 p.m. on July 3 of each year. year. (2) Clayton Chamber of Commerce Fire- (9) Celebrate Baldwinsville Fireworks, works, Calumet Island, NY. (i) Location. Baldwinsville, NY. (i) Location. All U.S. All U.S. waters of the Saint Lawrence waters of the Seneca River within a 700 River within an 840 foot radius of land foot radius of land position 43°09′24.9″ position 44°15′04″ N, 076°05′40″ W (NAD N, 076°20′18.9″ W (NAD 83) in 83) at Calumet Island, NY. Baldwinsville, NY. (ii) Enforcement date and time. From (ii) Enforcement date and time. From 9:00 p.m. to 11:30 p.m. on July 3 of each 9:00 p.m. to 11:00 p.m. on the first week- year. end of July each year. (3) French Festival Fireworks, Cape (10) Island Festival Fireworks, Vincent, NY. (i) Location. All U.S. Baldwinsville, NY. (i) Location. All U.S. waters of the Saint Lawrence River waters of the Seneca River within a within an 840 foot radius of land posi- 1,120 foot radius of land position tion 44°07′54.6″ N, 076°20′01.3″ W (NAD 83) 43°09′22″ N, 076°20′15″ W (NAD 83) in in Cape Vincent, NY. Baldwinsville, NY. (ii) Enforcement date and time. From (ii) Enforcement date and time. From 9:15 p.m. to 11:00 p.m. on the second 9:30 p.m. to 11:00 p.m. on the first week- weekend of July each year. end of July each year. (4) Lyme Community Days, Chaumont, (11) Seneca River Days, Baldwinsville, NY. (i) Location. All U.S. waters of NY. (i) Location. All U.S. waters of the Chaumont Bay within a 560 foot radius Seneca River within an 840 foot radius of position 44°04′06.3″ N, 076°08′56.8″ W of land position 43°09′25″ N, 076°20′21″ W (NAD 83) in Chaumont, NY. (NAD 83) in Baldwinsville, NY. (ii) Enforcement date and time. From (ii) Enforcement date and time. From 9 8:30 p.m. to 11:00 p.m. on the fourth p.m. to 10:30 p.m. on the second week- weekend of July each year. end of July each year. (5) Village Fireworks, Sackets Harbor, (12) City of Syracuse Fireworks Celebra- NY. (i) Location. All U.S. waters of tion, Syracuse, NY. (i) Location. All U.S. Black River Bay within an 840 foot ra- waters of Onondaga Lake within a 350 dius of position 43°56′51.9″ N, 076°07′46.9″ foot radius of land position 43°03″37′ N, W (NAD 83) in Sackets Harbor, NY. 076°09″59′ W (NAD 83) in Syracuse, NY. (ii) Enforcement date and time. From (ii) Enforcement date and time. From 8:30 p.m. to 10:30 p.m. on July 4 each 9:30 p.m. to 10:30 p.m. on the last week- year. end of June each year. (6) Can-Am Festival, Sackets Harbor, (13) Tom Graves Memorial Fireworks, NY. (i) Location. All U.S. waters of Port Bay, NY. (i) Location. All U.S. Black River Bay within a 1,120 foot ra- waters of Port Bay within an 840 foot dius of position 43°57′15.9″ N, 076°06′39.2″ radius of barge position 43°18″14.8′ N, W (NAD 83) in Sackets Harbor, NY. 076°50″17.3′ W (NAD 83) in Port Bay, NY. (ii) Enforcement date and time. From (ii) Enforcement date and time. From 9:00 p.m. to 10:45 p.m. on the third 9:00 p.m. to 10:30 p.m. on July 3 of each weekend of July each year. year. (7) Oswego Harborfest, Oswego, NY. (i) (14) Village Fireworks, Sodus Point, NY. Location. All U.S. waters of Lake On- (i) Location. All U.S. waters of Sodus tario within a 1,000 foot radius of posi- Bay within a 1,120 foot radius of land

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position 43°16″28.7′; N, 076°58″27.5′ W U.S. waters of Lake Erie within an 840 (NAD 83) in Sodus Point, NY. foot radius of position 41°58′01.3″ N, (ii) Enforcement date and time. From 080°33′39.5″ W (NAD 83) in Conneaut, 9:30 p.m. to 10:30 p.m. on July 3 of each OH. year. (ii) Enforcement date and time. From (15) Rochester Harbor and Carousel Fes- 9:00 p.m. to 11:30 p.m. on the first week- tival, Rochester, NY. (i) Location. All end of July each year. U.S. waters of Lake Ontario within a (22) Fairport Harbor Mardi Gras, 1,120 foot radius of land position Fairport, OH. (i) Location. All U.S. ° ″ ′ ° ″ ′ 43 15 40.2 N, 077 36 05.1 W (NAD 83) in waters of Lake Erie within a 350 foot Rochester, NY. radius of land position 41°45′30″ N, (ii) Enforcement date and time. From 081°16′18″ W (NAD 83) east of the harbor 8:00 p.m. to 10:00 p.m. on the fourth entrance at Fairport Harbor Beach, Monday of June each year. OH. (16) A Salute to our Heroes, Hamlin Beach State Park, NY. (i) Location. All (ii) Enforcement date and time. From U.S. waters of Lake Ontario within a 9:00 p.m. to 10:30 p.m. at the beginning 560 foot radius of land position of the second week of July each year. 43°21″51.9′ N, 077°56″59.6′ W (NAD 83) in (23) Mentor Harbor Yacht Club Fire- Hamlin, NY. works, Mentor Harbor, OH. (i) Location. (ii) Enforcement date and time. From All U.S. waters of Lake Erie and Men- 9:45 p.m. to 11:30 p.m. on the first week- tor Harbor within a 700 foot radius of end of July each year. land position 41°43′36″ N, 081°21′09″ W (17) Olcott Fireworks, Olcott, NY. (i) (NAD 83) in Mentor Harbor, OH. Location. All U.S. waters of Lake On- (ii) Enforcement date and time. From tario within a 1,120 foot radius of land 9:00 p.m. to 10:30 p.m. on July 3 of each position 43°20″23.6′ N, 078°43″09.5′ W year. (NAD 83) in Olcott, NY. (24) Browns Football Halftime Fire- (ii) Enforcement date and time. From works, Cleveland, OH. (i) Location. All 9:30 p.m. to 11:00 p.m. on July 3 of each U.S. waters of Cleveland Harbor and year. Lake Erie beginning in approximate (18) North Tonawanda Fireworks, North land position 41°30′49.4″ N, 081°41′37.2″ W Tonawanda, NY. (i) Location. All U.S. (the northwest corner of Burke Lake- waters of the East Niagara River with- front Airport); continuing northwest to in a 1,400 foot radius of land position 41°31′10.6″ N, 081°41′53.0″ W; then south- 43°01″39.6′ N, 078°53″07.5′ W (NAD 83) in west to 41°30′48.6″ N, 081°42′30.9″ W (the North Tonawanda, NY. northwest corner of dock 28 at the (ii) Enforcement date and time. From Cleveland Port Authority) then north- 8:45 p.m. to 10:15 p.m. on July 4 of each east back to the starting point at year. 41°30′49.4″ N, 081°41′37.2″ W (NAD 83). (19) Tonawanda’s Canal Fest Fire- (ii) Enforcement Date and Time. On a works, Tonawanda, NY. (i) Location. All Sunday during the second or third U.S. waters of the East Niagara River Cleveland Browns home game each within a 210 foot radius of land position year. 43°01″17.8′ N, 078°52″40.9′ W (NAD 83) in Tonawanda, NY. (25) City of Cleveland 4th of July, Cleve- (ii) Enforcement date and time. From land, OH. (i) Location. All U.S. waters 9:00 p.m. to 10:30 p.m. on the fourth of Lake Erie and Cleveland Harbor Sunday of July each year. within a 1,000 foot radius of land posi- ° ′ ″ ° ′ ″ (20) Celebrate Erie Fireworks, Erie, PA. tion 41 30 10 N, 081 42 36 W (NAD 83) at (i) Location. All U.S. waters of Presque Dock 20 in Cleveland, OH. Isle Bay within an 800 foot radius of (ii) Enforcement date and time. From land position 42°08″19′ N, 080°05″29′ W 9:30 p.m. to 11:00 p.m. on July 4 of each (NAD 83) in Erie, PA. year. (ii) Enforcement date and time. From (26) Cleveland Yachting Club Fireworks 9:45 p.m. to 10:30 p.m. on the third Display, Rocky River, OH. (i) Location. weekend of August each year. All U.S. waters of the Rocky River and (21) Conneaut Fourth of July Fire- Lake Erie within a 560 foot radius of works, Conneaut, OH. (i) Location. All land position 41°29′25.7″ N, 081°50′18.5″ W

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(NAD 83), at Sunset Point on the west- (2)(i) These safety zones are closed to ern side of the mouth of the Rocky all vessel traffic, except as may be per- River in Cleveland, OH. mitted by the Captain of the Port or (ii) Enforcement date and time. From his designated representative. 9:15 p.m. to 11:00 p.m. on the second (ii) All persons and vessels must com- Thursday of July each year. ply with the instructions of the Cap- (27) Sheffield Lake Fireworks, Sheffield tain of the Port Buffalo or his des- Lake, OH. (i) Location. All U.S. waters ignated representative. of Lake Erie within a 700 foot radius of (iii) Upon being hailed by the Coast land position 41°29′26.2″ N, 082°06′47.7″ W Guard by siren, radio, flashing light or (NAD 83), at the lake front area in other means, the operator of a vessel Sheffield Lake, OH. shall proceed as directed. (ii) Enforcement date and time. From (3)(i) All vessels must obtain permis- 9:30 p.m. to 11:00 p.m. on the second sion from the Captain of the Port or Friday of July each year. his designated representative to enter (28) Lorain 4th of July Celebration Fire- or move within any safety zone estab- works, Lorain, OH. (i) Location. All U.S. lished in this section when the safety waters of Lorain Harbor within a 1,400 zone is enforced. foot radius of land position 41°28′35.5″ N, 082°10′51.3″ W (NAD 83), east of the (ii) Vessels and persons granted per- harbor entrance on the end of the mission to enter a safety zone must break wall near Spitzer′s Marina. obey all lawful orders or directions of (ii) Enforcement date and time. From the Captain of the Port or a designated 9:15 p.m. to 11:00 p.m. on July 3 or 4 of representative. each year. (iii) While within a safety zone, all (29) Lorain Port Fest Fireworks Dis- vessels must operate at the minimum play, Lorain, OH. (i) Location. All U.S. speed necessary to maintain a safe waters of Lorain Harbor within a 750 course. foot radius of land position 41°28′02.4″ (d) Exemption. Public vessels, as de- N, 082°10′21.9″ W (NAD 83) in Lorain, fined in paragraph (b) of this section, OH. are exempt from the requirements in (ii) Enforcement date and time. From this section. 9:45 p.m. to 11:00 p.m. on the third (e) Waiver. Upon finding that oper- weekend of July each year. ational conditions or other cir- (b) Definitions. The following defini- cumstances are such that application tions apply to this section: of this section is unnecessary or im- (1) Designated Representative means practical, the Captain of the Port Buf- any Coast Guard Commissioned, War- falo or his designated representative rant, or Petty Officer designated by the may waive any of the requirements of Captain of the Port Buffalo to monitor this section for any vessel. a safety zone, permit entry into the (f) Notification. The Captain of the zone, give legally enforceable orders to Port Buffalo will notify the public persons or vessels within the zones, and when the zones in this section will be take other actions authorized by the enforced by all appropriate means In Captain of the Port. keeping with 33 CFR 165.7(a), such (2) Public vessels means vessels owned, means of notification may include, but chartered, or operated by the United are not limited to Broadcast Notice to States or by a State or political sub- Mariners or Local Notice to Mariners division thereof. and publication of Notices of Enforce- (c) Regulations. (1) In accordance with ment in the FEDERAL REGISTER. The the general regulations in section Captain of the Port will issue a Broad- 165.23 of this part, entry into, transiting, or anchoring within any of cast Notice to Mariners notifying the the safety zones contained in this sec- public when enforcement of the safety tion during a period of enforcement is zones established by this section are in prohibited unless authorized by the effect and when they are cancelled. Captain of the Port Buffalo or his des- [USCG–2012–1084, 78 FR 23852, Apr. 23, 2013] ignated on-scene representative.

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EFFECTIVE DATE NOTE: By USCG–2014–0081, (8) Brewerton Fireworks, Brewerton, NY. (i) 79 FR 36407, June 27, 2014, § 165.939 was re- Location. All U.S. waters of Lake Oneida vised, effective July 28, 2014. For the conven- within an 840 foot radius of barge position ience of the user, the revised text is set forth 43°14′16.4″ N, 076°08′03.6″ W (NAD 83) in as follows: Brewerton, NY. (ii) Enforcement period. July 3 from 9 p.m. § 165.939 Safety Zones; Annual Events in the to 10:30 p.m. each year. Captain of the Port Buffalo Zone. (9) Celebrate Baldwinsville Fireworks, (a) Safety Zones. The following are des- Baldwinsville, NY. (i) Location. All U.S. ignated as safety zones. The enforcement waters of the Seneca River within a 700 foot dates and times for each of the safety zones radius of land position 43°09′24.9″ N, listed in this section are subject to change, 076°20′18.9″ W (NAD 83) in Baldwinsville, NY. but the duration of enforcement would re- (ii) Enforcement period. The first weekend of main the same or nearly the same as the July from 9 p.m. to 11 p.m. each year. total number of hours as published. In the (10) Island Festival Fireworks, Baldwinsville, event of a change, the Captain of the Port NY. (i) Location. All U.S. waters of the Sen- Sector Buffalo will provide notice to the eca River within a 1,120 foot radius of land public by publishing a Notice of Enforcement position 43°09′22″ N, 076°20′15″ W (NAD 83) in in the FEDERAL REGISTER, as well as, issuing Baldwinsville, NY. a Broadcast Notice to Mariners. (ii) Enforcement period. The first weekend of (1) Boldt Castle 4th of July Fireworks, Heart July from 9:30 p.m. to 11 p.m. each year. Island, NY. (i) Location. All U.S. waters of the (11) Seneca River Days, Baldwinsville, NY. (i) Saint Lawrence River within a 1,120 foot ra- Location. All U.S. waters of the Seneca River dius of land position 44°20′38.5″ N, 075°55′19.1″ within an 840 foot radius of land position W (NAD 83) at Heart Island, NY. 43°09′25″ N, 076°20′21″ W (NAD 83) in (ii) Enforcement period. July 4 from 8:30 Baldwinsville, NY. p.m. to 10:30 p.m. each year. (ii) Enforcement period. The second weekend (2) Clayton Chamber of Commerce Fireworks, of July from 9 p.m. to 10:30 p.m. each year. Calumet Island, NY. (i) Location. All U.S. (12) City of Syracuse Fireworks Celebration, waters of the Saint Lawrence River within Syracuse, NY. (i) Location. All U.S. waters of an 840 foot radius of land position 44°15′04″ N, Onondaga Lake within a 350 foot radius of 076°05′40″ W (NAD 83) at Calumet Island, NY. land position 43°03′37″ N, 076°09′59″ W (NAD 83) (ii) Enforcement period. July 3 from 9 p.m. in Syracuse, NY. to 11:30 p.m. of each year. (ii) Enforcement period. The last weekend of (3) French Festival Fireworks, Cape Vincent, June from 9:30 p.m. to 10:30 p.m. each year. NY. (i) Location. All U.S. waters of the Saint (13) Tom Graves Memorial Fireworks, Port Lawrence River within an 840 foot radius of Bay, NY. (i) Location. All U.S. waters of Port land position 44°07′54.6″ N, 076°20′01.3″ W (NAD Bay within an 840 foot radius of barge posi- 83) in Cape Vincent, NY. tion 43°18′14.8″ N, 076°50′17.3″ W (NAD 83) in (ii) Enforcement period. The second weekend Port Bay, NY. of July from 9:15 p.m. to 11 p.m. each year. (ii) Enforcement period. July 3 from 9 p.m. (4) Lyme Community Days, Chaumont, NY. (i) to 10:30 p.m. of each year. Location. All U.S. waters of Chaumont Bay (14) Village Fireworks, Sodus Point, NY. (i) within a 560 foot radius of position 44°04′06.3″ Location. All U.S. waters of Sodus Bay with- N, 076°08′56.8″ W (NAD 83) in Chaumont, NY. in a 1,120 foot radius of land position (ii) Enforcement period. The fourth weekend 43°16′28.7″ N, 076°58′27.5″ W (NAD 83) in Sodus of July from 8:30 p.m. to 11 p.m. each year. Point, NY. (5) Village Fireworks, Sackets Harbor, NY. (i) (ii) Enforcement period. July 3 from 9:30 Location. All U.S. waters of Black River Bay p.m. to 10:30 p.m. each year. within an 840 foot radius of position (15) Rochester Harbor and Carousel Festival, 43°56′51.9″ N, 076°07′46.9″ W (NAD 83) in Rochester, NY. (i) Location. All U.S. waters of Sackets Harbor, NY. Lake Ontario within a 1,120 foot radius of (ii) Enforcement period. July 4 from 8:30 land position 43°15′40.2″ N, 077°36′05.1″ W (NAD p.m. to 10:30 p.m. each year. 83) in Rochester, NY. (6) Can-Am Festival, Sackets Harbor, NY. (i) (ii) Enforcement period. The fourth Monday Location. All U.S. waters of Black River Bay of June from 8 p.m. to 10 p.m. each year. within a 1,120 foot radius of position (16) A Salute to our Heroes, Hamlin Beach 43°57′15.9″ N, 076°06′39.2″ W (NAD 83) in State Park, NY. (i) Location. All U.S. waters Sackets Harbor, NY. of Lake Ontario within a 560 foot radius of (ii) Enforcement period. The third weekend land position 43°21′51.9″ N, 077°56′59.6″ W (NAD of July from 9 p.m. to 10:45 p.m. each year. 83) in Hamlin, NY. (7) Oswego Harborfest, Oswego, NY. (i) Loca- (ii) Enforcement period. The first weekend of tion. All U.S. waters of Lake Ontario within July from 9:45 p.m. to 11:30 p.m. each year. a 1,000 foot radius of position 43°28′10″ N, (17) Olcott Fireworks, Olcott, NY. (i) Loca- 076°31′04″ W (NAD 83) in Oswego, NY. tion. All U.S. waters of Lake Ontario within (ii) Enforcement period. The last Saturday a 1,120 foot radius of land position 43°20′23.6″ of July from 9 to 10:30 p.m. each year. N, 078°43′09.5″ W (NAD 83) in Olcott, NY.

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(ii) Enforcement period. July 3 from 9:30 (25) City of Cleveland 4th of July, Cleveland, p.m. to 11 p.m. of each year. OH. (i) Location. All U.S. waters of Lake Erie (18) North Tonawanda Fireworks, North and Cleveland Harbor within a 1,000 foot ra- Tonawanda, NY. (i) Location. All U.S. waters dius of land position 41°30′10″ N, 081°42′36″ W of the East Niagara River within a 1,400 foot (NAD 83) at Dock 20 in Cleveland, OH. radius of land position 43°01′39.6″ N, (ii) Enforcement period. July 4 from 9:30 078°53′07.5″ W (NAD 83) in North Tonawanda, p.m. to 11 p.m. each year. NY. (26) Cleveland Yachting Club Fireworks Dis- (ii) Enforcement period. July 4 from 8:45 play, Rocky River, OH. (i) Location. All U.S. p.m. to 10:15 p.m. of each year. waters of the Rocky River and Lake Erie (19) Tonawanda’s Canal Fest Fireworks, within a 560 foot radius of land position Tonawanda, NY. (i) Location. All U.S. waters 41°29′25.7″ N, 081°50′18.5″ W (NAD 83), at Sun- of the East Niagara River within a 210 foot set Point on the western side of the mouth of radius of land position 43°01′17.8″ N, the Rocky River in Cleveland, OH. 078°52′40.9″ W (NAD 83) in Tonawanda, NY. (ii) Enforcement period. The second Thurs- (ii) Enforcement period. The fourth Sunday day of July from 9:15 p.m. to 11 p.m. each of July from 9 p.m. to 10:30 p.m. each year. year. (20) Celebrate Erie Fireworks, Erie, PA. (i) Lo- (27) Sheffield Lake Fireworks, Sheffield Lake, cation. All U.S. waters of Presque Isle Bay OH. (i) Location. All U.S. waters of Lake Erie within an 800 foot radius of land position within a 700 foot radius of land position 41°29′26.2″ N, 082°06′47.7″ W (NAD 83), at the 42°08′19″ N, 080°05′29″ W (NAD 83) in Erie, PA. lake front area in Sheffield Lake, OH. (ii) Enforcement period. The third weekend (ii) Enforcement period. The second Friday of August from 9:45 p.m. to 10:30 p.m. each of July from 9:30 p.m. to 11 p.m. each year. year. (28) Lorain 4th of July Celebration Fireworks, (21) Conneaut Fourth of July Fireworks, Lorain, OH. (i) Location. All U.S. waters of Conneaut, OH. (i) Location. All U.S. waters of Lorain Harbor within a 1,400 foot radius of Lake Erie within an 840 foot radius of posi- land position 41°28′35.5″ N, 082°10′51.3″ W (NAD ° ′ ″ ° ′ ″ tion 41 58 01.3 N, 080 33 39.5 W (NAD 83) in 83), east of the harbor entrance on the end of Erie, PA. the break wall near Spitzer’s Marina. (ii) Enforcement period. The first Sunday of (ii) Enforcement period. July 4 from 9:15 July from 9 p.m. to 11:30 p.m. each year. p.m. to 11 p.m. each year. (22) Fairport Harbor Mardi Gras, Fairport, (29) Lorain Port Fest Fireworks Display, Lo- OH. (i) Location. All U.S. waters of Lake Erie rain, OH. (i) Location. All U.S. waters of Lo- within a 350 foot radius of land position rain Harbor within a 750 foot radius of land 41°45′30″ N, 081°16′18″ W (NAD 83) east of the position 41°28′02.4″ N, 082°10′21.9″ W (NAD 83) harbor entrance at Fairport Harbor Beach, in Lorain, OH. OH. (ii) Enforcement period. The third weekend (ii) Enforcement period. The beginning of of July from 9:45 p.m. to 11 p.m. each year. the second week of July from 9 p.m. to 10:30 (30) Thunder of the Niagara Hydroplane boat p.m. each year. races, North Tonawanda, NY. (i) Location. All (23) Mentor Harbor Yacht Club Fireworks, U.S. waters of Niagara River, near North Mentor Harbor, OH. (i) Location. All U.S. Tonawanda, NY within 2 miles of the North waters of Lake Erie and Mentor Harbor with- Grand Island Bridge, encompassed by a line in a 700 foot radius of land position 41°43′36″ starting at 43°03′32.95″ N, 078°54′46.93″ W to N, 081°21′09″ W (NAD 83) in Mentor Harbor, 43°03′14.55″ N, 078°55′15.97″ W then to OH. 43°02′39.72″ N, 078°54′13.05″ W then to (ii) Enforcement period. July 3 from 9 p.m. 43°02′59.99″ N, 078°53′41.99″ W and returning to to 10:30 p.m. each year. the point of origin (NAD 83). (24) Browns Football Halftime Fireworks, (ii) Enforcement period. The second of week- Cleveland, OH. (i) Location. All U.S. waters of end of August from 9 a.m. to 5 p.m. each Cleveland Harbor and Lake Erie encom- year. passed by a line beginning at approximate (31) Antique Boat Show Hydroplane boat land position 41°30′49.4″ N, 081°41′37.2″ W (the races, Grand Island, NY. (i) Location. All northwest corner of Burke Lakefront Air- waters of Niagara River, Grand Island, NY port); continuing northwest to 41°31′10.6″ N, encompassed by a line starting at position 081°41′53.0″ W; then southwest to 41°30′48.6″ N, 42°59′59″ N, 078°56′22″ W, East to 49°59′54″ 081°42′30.9″ W (the northwest corner of dock N,078°56′14″ W, South to 42°57′54″ N, 078°56′04″ 28 at the Cleveland Port Authority) then W, West to 42°057′48″ N, 078°56′22″ W and re- northeast back to the starting point at turning to the point of origin (NAD 83) 41°30′49.4″ N, 081°41′37.2″ W (NAD 83). (ii) Enforcement period. The first weekend of (ii) Enforcement period. On a Sunday during September from 9 a.m. to 4 p.m. each year. the second or third Cleveland Browns home (32) D-Day Conneaut Air Show, Conneaut, game each year. The Captain of the Port will OH. (i) Location. All U.S. waters of Conneaut issue a Notice of Enforcement each year for Township Park, Lake Erie, Conneaut, OH en- this Browns Football Halftime Fireworks’ compassed by a line starting at 41°57.71′ N, safety zone. 080°34.18′ W; to 41°58.36′N, 080°34.17′ W; then to

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41°58.53′ N, 080°33.55′ W; to 41°58.03′ N, on-scene representative may be contacted 080°33.72′W; and returning to the point of ori- via VHF Channel 16. Vessel operators given gin. (NAD 83). permission to enter or operate in a safety (ii) Enforcement period. The third weekend zone must comply with all directions given of August from 1:45 p.m. to 5:30 p.m. each to them by the Captain of the Port Buffalo, year. or his on-scene representative. (33) Bay Swim, Erie, PA. (i) Location. All (d) Exemption. Public vessels, as defined in U.S. waters of Presque Isle Bay, Erie, PA paragraph (c) of this section, are exempt within a 1000 feet of a line starting at Vista from the requirements in this section. 3 in Presque Isle State Park at position (e) Waiver. For any vessel, the Captain of 42°07′29.30″ N, 80°08′48.82″ W and ending at to the Port Buffalo or his designated represent- the Erie Yacht Club at position 42°07′21.74″ N, ative may waive any of the requirements of 80°07′58.30″ W (NAD 83). this section, upon finding that operational (ii) Enforcement period. The third week in conditions or other circumstances are such June each year. that application of this section is unneces- (34) Rover Fest fireworks display, Cleveland, sary or impractical for the purposes of public OH. (i) Location. All U.S. waters of Lake or environmental safety. Erie, Cleveland, OH within a 280 foot radius (f) Notification. The Captain of the Port from position 41°30′34.23″ N and 081°41′ 55.73″ Buffalo will notify the public that the safety W (NAD 83). zones in this section are or will be enforced (ii) Enforcement period. The second or third by all appropriate means to the affected seg- weekend of July each year. ments of the public through publication in (35) Cleveland National Air show, Cleveland, the FEDERAL REGISTER as practicable, in ac- OH. (i) Location. The safety zone encompass cordance with 33 CFR 165.7(a). Additionally, the portion of Lake Erie and Cleveland Har- the enforcement dates and times for each of bor within a line originating near Burke the safety zones listed above are subject to Lakefront Airport from position 41°30′20″ N change, though the duration of enforcement and 081°42′20″ W to 41°30′50″ N and 081°42′49″ W, would remain the same or nearly the same to 41°32′09″ N and 081°39′49″ W, to 41°31′53″ N total number of hours as stated above. In ei- and 081°39′24″ W, then return to the original ther event, whether the safety zones occur at position (NAD 83). the dates and times as stated above, or (ii) Enforcement period. On the Friday be- whether the date or time of a safety zone fore Labor Day through the Wednesday fol- changes, the Captain of the Port Buffalo will lowing Labor Day with maximum daily similarly make such notification as de- times from 8 a.m. to 6 p.m. The daily time scribed in this paragraph (f). Such means of period will be reduced as operations permit. further notification may also include, but (b) Definitions. The following definitions are not limited to Broadcast Notice to Mari- apply to this section: ners or Local Notice to Mariners. The Cap- (1) On-scene Representative means any Coast tain of the Port will issue a Broadcast Notice Guard commissioned, warrant, or petty offi- to Mariners notifying the public when en- cer designated by the Captain of the Port forcement of the safety zone is cancelled. Buffalo to monitor a safety zone, permit entry into the zone, give legally enforceable § 165.941 Safety Zones; Annual Events orders to persons or vessels within the zones, in the Captain of the Port Detroit and take other actions authorized by the Zone. Captain of the Port. (2) Public vessel means vessels owned, char- (a) Safety Zones. The following areas tered, or operated by the United States, or are designated Safety zones: (1) by a State or political subdivision thereof. Roostertail Fireworks (barge), Detroit, (c) Regulations. In accordance with the gen- MI: eral regulations in § 165.23, entry into, (i) Location: All waters of the Detroit transiting, or anchoring within is the afore- River within a 300-foot radius of the mentioned safety zones are prohibited unless fireworks launch site located at posi- authorized by the Captain of the Port Buf- ° ′ ″ ° ′ ″ falo or his designated on-scene representa- tion 42 21 16.67 N, 082 58 20.41 W. (NAD tive. 83). This area is located between De- (1) The safety zones described in paragraph troit and Belle Isle near the (a) of this section are closed to all vessel Roostertail restaurant. traffic, except as may be permitted by the (ii) Expected date: One evening during Captain of the Port Buffalo or his designated the third week in July. The exact dates on-scene representative. and times for this event will be deter- (2) Vessel operators desiring to enter or operate within the safety zones described in mined annually. paragraph (a) of this section must contact (2) Washington Township the Captain of the Port Buffalo or his on- Summerfest Fireworks, Toledo, OH: scene representative to obtain permission to (i) Location: All waters of the Ottawa do so. The Captain of the Port Buffalo or his River within a 600-foot radius of the

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fireworks launch site located at posi- (i) Location: All waters of Lake Huron tion 41°43′29″ N, 083°28′47″ W (NAD 83). within a 450-foot radius of the fire- This area is located at the Fred C. works launch site located at position Young Bridge, Toledo, OH. 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 (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) Harbor Beach Fireworks, Harbor works launch site located at position Beach, 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 700-foot radius of the fire- the end of Riverside Drive in Au Gres, works launch site located at position MI. 43°50.8′ N, 082°38.6′ W (NAD 83). This (ii) Expected date: One evening during area is located at the end of the rail- the last week in June or the first week road pier east of the end of State in July. The exact dates and times for Street in Harbor Beach, MI. this event will be determined annually. (ii) Expected date: One evening during (4) The Old Club Fireworks, Harsens the second week in July. The exact Island, MI: dates and times for this event will be determined annually. (i) Location: All waters of Lake St. (9) Trenton Rotary Roar on the River Clair within an 850-foot radius of the Fireworks, Trenton, MI: fireworks launch site located at posi- (i) Location: All waters of the Detroit tion 42°32.4′ N, 082°40.1′ W (NAD 83). River within a 420-foot radius of the This area is located near the southern fireworks launch site located at posi- end of Harsens Island, MI. tion 42°7.8′ N, 083°10.4 ′ W (NAD 83). This (ii) Expected date: One evening during area is located between Grosse Ile and the last week of June or the first week Elizabeth Park in Trenton, MI. of July. The exact dates and times for (ii) Expected date: One evening during this event will be determined annually. the third week in July. The exact dates (5) Put-In-Bay Fourth of July Fire- and times for this event will be deter- works, Put-In-Bay, OH: mined annually. (i) Location: All waters of Lake Erie (10) Nautical Mile Venetian Festival within a 1000-foot radius of the fire- Fireworks, St. Clair Shores, MI: works launch site located at position (i) Location: All waters of Lake St. ° ′ ° ′ 41 39.7 N, 082 48.0 W (NAD 83). This Clair within a 210-foot radius of the area is located in Put-In-Bay Harbor. fireworks launch site located at posi- (ii) Expected date: One evening during tion 42°28.2′ N, 082°52.5′ W (NAD 83). the first week of July. The exact dates This area is located near Jefferson and times for this event will be deter- Beach Marina in St. Clair Shores, MI. mined annually. (ii) Expected date: One evening during (6) Gatzeros Fireworks, Grosse the second week in August. The exact Pointe Park, MI: dates and times for this event will be (i) Location: All waters of Lake St. determined annually. Clair within a 300-foot radius of the (11) Cheeseburger Festival Fireworks, fireworks launch site located at posi- Caseville, MI: tion 42°22.6′ N, 082°54.8′ W (NAD 83). (i) Location: All waters of Lake Huron This area is located near Grosse Pointe within a 300-foot radius of the fire- Park, MI. works launch site located at position (ii) Expected date: One evening during 43°56.9′ N, 083°17.2′ W (NAD 83). This the first week in July. The exact dates area is located near the break wall lo- and times for this event will be deter- cated at Caseville County Park, mined annually. Caseville, MI. (7) Harrisville Fireworks, Harrisville, (ii) Expected date: One evening during MI: the second week in August. The exact

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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 (12) 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 (17) 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- (13) 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). (18) 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 (14) Schoenith Family Foundation of the museum ship SS WILLIS B. Fireworks, Detroit, MI: BOYER. (i) Location: All waters of the Detroit (ii) Expected date: One day evening River, within a 210-foot radius of the during the first or second weeks in fireworks launch site located at posi- July. The exact dates and times for tion 42°21.2′ N, 82°58.4′ W. (NAD 83). This this event will be determined annually. area is located between Detroit and Belle Isle. (19) Perrysburg/Maumee 4th of July (ii) Expected date: One evening during Fireworks, Perrysburg, OH: the third week in September. The exact (i) Location: All waters of the dates and times for this event will be Maumee River, within an 850-foot ra- determined annually. dius of the fireworks launch site lo- (15) Toledo Country Club Memorial cated at position 41°33′27″ N, 83°38′59″ W. Celebration and Fireworks, Toledo, OH: (NAD 83). This position is located at (i) Location: All waters of the the Perrysburg/Maumee Hwy 20 Bridge. Maumee River, within a 250-yard radius (ii) Expected date: One evening during of the fireworks launch site located on the first week in July. The exact dates shore at position 41°35′12.58″ N, and times for this event will be deter- 83°36′16.58″ W. (NAD 83). This area is lo- mined annually. cated at the Toledo Country Club’s (20) Lakeside July 4th Fireworks, 18th Green and encompasses the fire- Lakeside, OH: works launch site. (i) Location: All waters of Lake Erie, (ii) Expected date: One evening during within a 560-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- 41°32′52″ N, 82°45′03″ W. (NAD 83). This mined annually. position is located at the Lakeside As- (16) Luna Pier Fireworks Show, Luna sociation Dock. Pier, MI: (ii) Expected date: One evening during (i) Location: All waters of Lake Erie, the first week in July. The exact dates within a 300-yard radius of the fire- and times for this event will be deter- works launch site located at position mined annually.

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(21) 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 (26) Rossford Labor Day Fireworks, end of the Catawba Cliffs Harbor Light Rossford, OH: Pier. (i) Location: All waters of the (ii) Expected date: One evening during Maumee River, within a 350-yard radius the first week in July. The exact dates of the fireworks launch site located at and times for this event will be deter- position 41°36′58″ N, 83°33′56″ W. (NAD mined annually. 83). This position is located at Veterans (22) Red, White and Blues Bang Fire- Memorial Park. works, Huron, OH: (ii) Expected date: One evening during (i) Location: All waters of the Huron the first week in September. The exact River, within a 300-yard radius of the dates and times for this event will be fireworks launch site located at posi- determined annually. tion 41°23′29″ N, 82°32′55″ W. (NAD 83). (27) Lakeside Labor Day Fireworks, This position is located at the Huron Lakeside, OH: Ore Docks in Huron, OH. (i) Location: All waters of Lake Erie, (ii) Expected date: One evening during within a 560-foot radius of the fire- the first week in July. The exact dates works launch site located at position and times for this event will be deter- 41°32′52″ N, 82°45′03″ W. (NAD 83). This mined annually. position is located at the Lakeside As- (23) Huron Riverfest Fireworks, sociation Dock. Huron, OH: (ii) Expected date: One evening during (i) Location: All waters of Huron Har- the first week in September. The exact bor, within a 350-foot radius of the fire- dates and times for this event will be works launch site located at the Huron determined annually. Ore Docks at position 41°23′38″ N, (28) Catawba Island Club Fireworks, 82°32′59″ W. (NAD 83). Catawba Island, OH: (ii) Expected date: One evening during (i) Location: All waters of Lake Erie, the second week in July. The exact within a 300-yard radius of the fire- dates and times for this event will be works launch site located at position determined annually. 41°34′20″ N, 82°51′18″ W. (NAD 83). This (24) Kelleys Island, Island Fest Fire- position is located at the northwest works, Kelleys Island, OH: end of the Catawba Cliffs Harbor Light (i) Location: All waters of Lake Erie, Pier. within a 300-yard radius of the fire- (ii) Expected date: One evening during works launch site located at position the first week in September. The exact 41°35′43″ N, 82°43′30″ W. (NAD 83). This dates and times for this event will be position is located at the old Neuman determined annually. Boat Line Dock. (29) Bay-Rama Fishfly Festival Fire- (ii) Expected date: One evening during works, New Baltimore, MI: the third or fourth weeks in July. The (i) Location: All waters of Lake St. exact dates and times for this event Clair-Anchor Bay, off New Baltimore will be determined annually. City Park, within a 300-yard radius of (25) Riverfest at the International the fireworks launch site located at po- Docks, Toledo, OH: sition 42°41′ N, 082°44′ W (NAD 83). (i) Location: All waters of the (ii) Expected date: One evening during Maumee River, extending from the bow the first week in June. The exact dates of the museum ship SS WILLIS B. and times for this event will be deter- BOYER (41°38′35″ N, 83°31′54″ W), then mined annually. north/north-east to the south end of (30) Lake Erie Metropark Fireworks, the City of Toledo Street (41°38′51″ N, Gibraltar, MI: 83°31′50″ W), then south-west to the red (i) Location: All waters of Lake Erie, nun buoy #64 (41°38′48″ N, 83°31′58″), off Lake Erie Metro Park, within a 300- then south/south-east back to the point yard radius of the fireworks launch site

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located at position 42°03′ N, 083°11′W tion is located 300 yards east of Grosse (NAD 83). This position is located off Pointe Farms, MI. the Brownstown Wave pool area. (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. (36) Caseville Fireworks, Caseville, (31) City of St. Clair Fireworks, St. MI: Clair, MI: (i) Location: All waters of Saginaw (i) Location: All waters off the St. Bay, within a 300-yard radius of the Clair River near St. Clair City Park, fireworks launch site located at posi- within a 300-yard radius of the fire- tion 43°56.9′ N, 083°17.2′ W. (NAD 83). works launch site located at position This position is located off the 42°49′ N, 082°29′ W (NAD 83). Caseville break wall. (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) Oscoda Township Fireworks, (37) Algonac Pickerel Tournament Oscoda, MI: Fireworks, Algonac, MI: (i) Location: All waters of Lake (i) Location: All waters of the St. Huron, off the DNR Boat Launch near Clair River, within a 300-yard radius of the mouth of the Au Sable River with- the fireworks barge located at position in a 300-yard radius of the fireworks 41°37′ N, 082°32′ W. (NAD 83). This posi- launch site located at position 44°19′ N, tion is located between Algonac and 083°25′ W (NAD 83). Russell Island, St. Clair River-North (ii) Expected date: One evening during Channel. 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) Port Austin Fireworks, Port Aus- mined annually. tin, MI: (38) Port Sanilac Fireworks, Port (i) Location: All waters of Lake Sanilac, MI: Huron, off the Port Austin break wall (i) Location: All waters of Lake Huron within a 300-yard radius of the fire- within a 300-yard radius of the fireworks launch site located at position works launch site located at position 42°03′ N, 082°40′ W. (NAD 83). 43°25′ N, 082°31′ W. (NAD 83). This posi- (ii) Expected date: One evening during tion is located at the South Harbor the first week in July. The exact dates Break wall in Port Sanilac. and times for this event will be deter- (ii) Expected date: One evening during mined annually. the first week in July. The exact dates (34) City of Wyandotte Fireworks, and times for this event will be deter- Wyandotte, MI: mined annually. (i) Location: All waters of the Detroit (39) St. Clair Shores Fireworks, St. River, off the break wall between Oak Clair Shores, MI: and Van Alstyne St., within a 300-yard (i) Location: All waters of Lake St. radius of the fireworks launch site lo- Clair within a 300-yard radius of the cated at position 42°12′ N, 083°09′ W. fireworks barge located at position (NAD 83). 42°32′ N, 082°51′ W. (NAD 83). This posi- (ii) Expected date: One evening during tion is located 1000 yards east of Vet- the first week in July. The exact dates eran’s Memorial Park, St. Clair Shores. and times for this event will be deter- (ii) Expected date: One evening during mined annually. the first week in July. The exact dates (35) Grosse Pointe Farms Fireworks, and times for this event will be deter- Grosse Pointe Farms, MI: mined annually. (i) Location: All waters of Lake St. (40) Port Huron 4th of July Fire- Clair, within a 300-yard radius of the works, Port Huron, MI: fireworks barge located at position (i) Location: All waters of the Black 42°23′ N, 082°52′ W. (NAD 83). This posi- River within a 300-yard radius of the

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fireworks barge located at position (i) Location: All waters of the Detroit 42°58′ N, 082°25′ W. (NAD 83). This posi- River within a 300-yard radius of the tion is located 300 yards east of 223 fireworks barge located at position Huron Ave., Black River. 42°09′ N, 083°10′ W. (NAD 83). This posi- (ii) Expected date: One evening during tion is located 200 yards east of Tren- the first week in July. The exact dates ton in the Trenton Channel near Tren- and times for this event will be deter- ton, MI. mined annually. (ii) Expected date: One evening during (41) Grosse Pointe Yacht Club 4th of the first week in July. The exact dates July Fireworks, Grosse Pointe Shores, and times for this event will be deter- MI: mined annually. (i) Location: All waters of Lake St. (46) Belle Maer Harbor 4th of July Clair within a 300-yard radius of the Fireworks, Harrison Township, MI: fireworks barge located at position (i) Location: All waters of Lake St. 42°25′ N, 082°52′ W. (NAD 83). This posi- Clair within a 300-yard radius of the tion is located 400 yards east of the fireworks barge located at position Grosse Pointe Yacht Club seawall, 42°36′ N, 082°47′ W. (NAD 83). This posi- Lake St. Clair. tion is located 400 yards east of Belle (ii) Expected date: One evening during Maer Harbor, Lake St. Clair. 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- (42) Lexington Independence Festival mined annually. Fireworks, Lexington, MI: (47) Tawas City 4th of July Fire- (i) Location: All waters of Lake Huron works, Tawas, MI: within a 300-yard radius of the fire- (i) Location: All waters of Lake Huron works barge located at position 43°13′ within a 300-yard radius of the fire- N, 082°30′ W. (NAD 83). This position is works launch site located at position located 300 yards east of the Lexington 44°13′ N, 083°30′ W. (NAD 83). This posi- break wall, Lake Huron. tion is located off the Tawas City Pier. (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. (43) City of Ecorse Water Festival (48) Venetian Festival Boat Parade Fireworks, Ecorse, MI: and Fireworks, St. Clair Shores, MI: (i) Location: All waters of the Detroit (i) Location: All waters of Lake St. River within a 300-yard radius of the Clair within a 300-yard radius of the fireworks barge located at position fireworks barge located at position 41°14′ N, 083°09′ W. (NAD 83). This posi- 42°28′ N, 082°52′ W. (NAD 83). This position is located in the Ecorse Channel at tion is located 600 yards off Jefferson the northern end of Mud Island. Beach Marina, Lake St, Clair. (ii) Expected date: One evening during (ii) Expected date: One evening during the first week in July. The exact dates the second week in August. The exact and times for this event will be deter- dates and times for this event will be mined annually. determined annually. (44) Grosse Ile Yacht Club Fireworks, (49) Celebrate America Fireworks, Grosse Ile, MI: Grosse Pointe Farms, MI: (i) Location: All waters of the Detroit (i) Location: All waters of Lake St. River within a 300-yard radius of the Clair within a 500-foot radius of the fireworks launch site located at posi- fireworks launch site located at position 42°05′ N, 083°09′ W. (NAD 83). This tion 42°22′58″ N, 082°53′46″ W. (NAD 83). position is located in front of the This area is located southeast of the Grosse Ile Yacht Club. Grosse Pointe Yacht Club. (ii) Expected date: One evening during (ii) Expected date: One evening during the first week in July. The exact dates the third week in June. The exact and times for this event will be deter- dates and times for this event will be mined annually. determined annually. (45) Trenton Fireworks, Trenton, MI: (50) Target Fireworks, Detroit, MI:

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(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 (54) 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 (55) Toledo Labor Day Fireworks, To- 65 feet in length may enter this zone. ledo, OH: (ii) Expected date: One evening during (i) Location: All waters of the the last week in June. The exact dates Maumee River within a 300-yard radius and times for this event will be deter- of the fireworks launch site located at mined annually. position 41°38′35″ N, 083°31′54″ W. All ge- (51) Sigma Gamma Association Fire- ographic coordinates are North Amer- works, Grosse Pointe Farms, MI: ican Datum of 1983 (NAD 83). (i) Location: All waters of Lake St. (ii) Expected date: One evening during Clair, 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 42°27′ N, 082°52′ W (NAD 83) This determined annually. position is located in the vicinity of Ford’s Cove. (56) Catawba Island Club Fireworks; (ii) Expected date: One evening during Catawba Island, OH: the last week in June. The exact dates (i) Location. All waters of Lake Erie and times for this event will be deter- within a 250-yard radius of the fire- mined annually. works launch site located at position (52) Southside Summer Fireworks, 41–34′–18.10″ N, 082–51′–18.70″ W (NAD 83). Port Huron, MI: (ii) Expected date. This safety zone (i) Location: All waters of St. Clair will be enforced one evening during the River within a 300 yard radius of posi- last week in May. tion 42°57′55″ N, 082°25′20″ W. This posi- (57) Put-In-Bay Chamber of Com- tion is located on the shore of the St. merce Fireworks, Put-In-Bay, OH: Clair River in the vicinity of Oak and (i) Location. All waters of Lake Erie 3rd Street, Port Huron, MI. All geo- within a 1,000-foot radius of the fire- graphic coordinates are North Amer- works launch site located at position ican Datum of 1983 (NAD 83). 41–39′–19″ N, 082–48′–57″ W (NAD 83). This (ii) Expected date: One evening during area is located in the Put-In-Bay Har- the last week in June. The exact dates bor. and times for this event will be deter- (ii) Expected dates. This safety zone mined annually. will be enforced one evening during the (53) Bay City Fireworks Festival, Bay third week in June, one evening during City, MI: the last week in June, one evening dur- (i) Location: All waters of the Sagi- ing the first week in September, and naw River near Bay City, MI, from the one evening during the second week in Veteran’s Memorial Bridge, located at September.

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(58) Bay Point Fireworks Display, United States, or by a State or polit- Marblehead, OH: ical subdivision thereof. (i) Location. All waters of Lake Erie (c) Regulations. (1) In accordance with within a 250-yard radius of the fire- the general regulations in § 165.23 of works launch site located at position this part, entry into, transiting, or an- 41–30′–29.23″ N, 082–43′–8.45″ W (NAD 83). choring within this safety zone is pro- (ii) Expected date. This safety zone hibited unless authorized by the Cap- will be enforced one evening during the tain of the Port Detroit, or his des- first week in July. ignated representative. (59) Marysville Days Fireworks, (2)(i) These safety zones are closed to Marysville, MI: all vessel traffic, except as may be per- (i) Location. All waters of the St. mitted by the Captain of the Port De- Clair River within a 600 foot radius of troit or his designated representative. the fireworks launch site located on (ii) All persons and vessels must com- land at position 42–54′–25″ N, 082–27′–58″ ply with the instructions of the Coast W (NAD 83). Guard Captain of the Port or his designated representative. (ii) Expected date. This safety zone (iii) Upon being hailed by the U.S. will be enforced one evening during the Coast Guard by siren, radio, flashing last week in June. light or other means, the operator of a (60) Revolution 3 Triathlon, Lake Erie, vessel shall proceed as directed. Sandusky Bay, Cedar Point, OH— (3)(i) All vessels must obtain permis- (i) Locations. All waters of Lake Erie sion from the Captain of the Port or ′ ″ ′ within positions 41–29 –00.04 N 082–40 – his designated representative to enter, ″ ′ ″ ′ ″ 48.16 W to 41–29 –19.28 N 082–40 –38.97 move within, or exit the safety zone es- ′ ″ ′ ″ W to 41–29 –02.51 N 082–40 –20.82 W to tablished in this section when this ′ ″ ′ ″ 41–28 –45.52 N 082–40 –35.75 W then fol- safety zone is enforced. lowing the shoreline to the point of ori- (ii) Vessels and persons granted per- gin. In the event that weather requires mission to enter the safety zone must triathlon organizers to change the lo- obey all lawful orders or directions of cations of the swimming leg, the safety the Captain of the Port or a designated zones will alternatively encompass all representative. waters of Lake Erie, Sandusky Bay, (iii) While within a safety zone, all Cedar Point, OH extending outward 100 vessels must operate at the minimum yards on either side of a line running speed necessary to maintain a safe ′ ″ ′ ″ between 41–28 –38.59 N 082–41 –10.51 W course. ′ ″ ′ ″ and 41–28 –17.25 N 082–40 –54.09 W (NAD (d) Exemption. Public vessels, as de- 83) running adjacent to the Cedar Point fined in paragraph (b) of this section, Marina. are exempt from the requirements in (ii) Enforcement period: Two consecu- this section. tive mornings during the first or sec- (e) Waiver. For any vessel, the Cap- ond weekend in September. Exact dates tain of the Port Detroit or his des- and times will be determined annually ignated representative may waive any and the Captain of the Port will pub- of the requirements of this section, lish a Notice of Enforcement to inform upon finding that operational condi- the public. 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,

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but are not limited to Broadcast Notice (4) Cornucopia Fireworks; Cornucopia, to Mariners or Local Notice to Mari- WI—(i) Location. All waters of the area ners. The Captain of the Port may bounded by a circle with a 300-foot ra- issue a Broadcast Notice to Mariners dius surrounding the fireworks launch notifying the public when enforcement site with its center in position of the safety zone established by this 46°51′35.00″ N, 091°06′10.00″ W. section is cancelled if deemed nec- (ii) Enforcement date and time. This essary. event historically occurs the week before, after or during 4th of July week. [USCG–2008–0218, 73 FR 46197, Aug. 8, 2008, as amended by USCG–2010–0126, 75 FR 32668, The Captain of the Port Duluth, will June 9, 2010; USCG–2012–0306, 77 FR 37315, establish enforcement dates that will June 21, 2012; USCG–2012–0313, 77 FR 42178, be announced with a Notice of Enforce- July 18, 2012; USCG–2012–0730, 79 FR 16677, ment and marine information broad- Mar. 26, 2014] cast. (5) LaPointe Fireworks; LaPointe, WI— § 165.943 Annual events requiring safe- (i) Location. All waters of Lake Supe- ty zones in the Captain of the Port rior bounded by the arc of a circle with Duluth zone. a 375-foot radius from the fireworks (a) Safety zones. The following areas launch site with its center in position are designated safety zones: 46°46′40.10″ N, 090°47′22.00″ W. (1) Bridgefest Regatta Fireworks; (ii) Enforcement date and time. This Houghton, MI—(i) Location. All waters event historically occurs during the of the Keweenaw Waterway bounded by 4th of July week. The Captain of the the arc of a circle with a 300-foot radius Port Duluth, will establish enforce- from the fireworks launch site with its ment dates that will be announced center in position 47°07′28.35″ N, with a Notice of Enforcement and ma- 088°35′01.78″ W. rine information broadcast. (ii) Enforcement date and time. This (6) Ashland Fireworks; Ashland, WI— event historically occurs in mid June. (i) Location. All waters of the Lake Su- The Captain of the Port Duluth, will perior bounded by the arc of a circle establish enforcement dates that will with a 600-foot diameter from the fire- be announced with a Notice of Enforce- works launch site with its center in po- ment and marine information broad- sition 46°35′50.37″ N, 090°52′59.82″ W. cast. (ii) Enforcement date and time. This (2) Lake Superior Dragon Boat Festival event historically occurs during the Fireworks; Superior, WI—(i) Location. 4th of July week. The Captain of the All waters of Superior Bay, WI within Port Duluth, will establish enforce- a 150-foot radius with its center at ment dates that will be announced 46°43′23.52″ N 092°03′45.19″ W. with a Notice of Enforcement and ma- (ii) Enforcement date and time. This rine information broadcast. event historically occurs in late Au- (7) Point to LaPointe Swim; LaPointe, gust. The Captain of the Port Duluth, WI—(i) Location. All waters between will establish enforcement dates that Bayfield, WI and Madeline Island, WI will be announced with a Notice of En- within an imaginary line created by forcement and marine information the following coordinates: 46°48′50.97″ broadcast. N, 090°48′44.28″ W, moving southeast to (3) Duluth Fourth Fest Fireworks; Du- 46°46′44.90″ N, 090°47′33.21″ W, then mov- luth, MN—(i) Location. All U.S. navi- ing northeast to 46°46′52.51″ N gable waters of the Duluth Harbor 090°47′17.14″ W, then moving northwest Basin Northern Section within a 900- to 46°49′03.23″ N 090°48′25.12″ W and fi- foot radius of position 46°46′19.00″ N, nally running back to the starting 092°06′11.00″ W. point. (ii) Enforcement date and time. This (ii) Enforcement date and time. This event historically occurs during the event historically occurs in early Au- 4th of July week. The Captain of the gust. The Captain of the Port Duluth, Port Duluth, will establish enforce- will establish enforcement dates that ment dates that will be announced will be announced with a Notice of En- with a Notice of Enforcement and ma- forcement and marine information rine information broadcast. broadcast.

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(8) Superior Man Triathlon; Superior, ELEVENTH COAST GUARD DISTRICT WI—(i) Location. All waters of the Du- luth Harbor Basin, Northern Section, § 165.T11–504 Safety zone; Independ- including the Duluth Entry encom- ence Day Fireworks Celebration for passed in an imaginary line beginning the City of Richmond, Richmond Inner Harbor, Richmond, CA. at point 46°46′36.12″ N 092°06′06.99″ W, running southeast to 46°46′32.75″ N (a) Location. This temporary safety 092°06′01.74″ W, running northeast to zone is established for the navigable 46°46′45.92″ N 092°05′45.18″ W, running waters of Richmond Inner Harbor near northwest to 46°46′49.47″ N 092°05′49.35″ Richmond, CA as depicted in National W and finally running southwest back Oceanic and Atmospheric Administra- to the starting point. tion (NOAA) Chart 18649. From 9:30 (ii) Enforcement date and time. This p.m. until 9:50 p.m. on July 3, 2012, the event historically occurs in late Au- temporary safety zone will encompass gust. The Captain of the Port Duluth, the navigable waters around the fire- ° ′ ″ will establish enforcement dates that works launch site in position 37 54 34 ° ′ ″ will be announced with a Notice of En- N, 122 21 17 W (NAD 83) within a radius forcement and marine information of 420 feet. broadcast. (b) Enforcement period. The zone de- (b) Regulations. (1) In accordance with scribed in paragraph (a) of this section the general regulations in § 165.23 of will be enforced from 9:30 p.m. through this part, entry into, transiting, or an- 10 p.m. on July 3, 2012. The Captain of choring in this safety zone is prohib- the Port San Francisco (COTP) will no- ited unless authorized by the Captain tify the maritime community of peri- of the Port Duluth, or the designated ods during which this zone will be enforced via Broadcast Notice to Mari- on-scene representative. ners in accordance with 33 CFR 165.7. (2) This safety zone is closed to all (c) Definitions. As used in this sec- vessel traffic except as authorized by tion, ‘‘designated representative’’ the Captain of the Port Duluth, or the means a Coast Guard Patrol Com- designated on-scene representative. mander, including a Coast Guard cox- (3) The ‘‘on-scene representative’’ of swain, petty officer, or other officer on the Captain of the Port Duluth, is any a Coast Guard vessel or a Federal, Coast Guard commissioned, warrant, or State, or local officer designated by or petty officer who has been designated assisting the COTP in the enforcement to act on behalf of the Captain of the of the safety zone. Port Duluth. The on-scene representa- (d) Regulations. (1) Under the general tive of the Captain of the Port Duluth regulations in 33 CFR part 165, subpart will be aboard either a Coast Guard or C, entry into, transiting or anchoring Coast Guard Auxiliary vessel. The Cap- within this safety zone is prohibited tain of the Port Duluth, or the des- unless authorized by the COTP or a ignated on-scene representative may be designated representative. contacted via VHF Channel 16. (2) The safety zone is closed to all (4) Vessel operators desiring to enter vessel traffic, except as may be per- or operate within the safety zone shall mitted by the COTP or a designated contact the Captain of the Port Du- representative. luth, or the designated on-scene rep- (3) Vessel operators desiring to enter resentative to obtain permission to do or operate within the safety zone must so. Vessel operators given authoriza- contact the COTP or a designated rep- tion to enter or operate in the safety resentative to obtain permission to do zone must comply with all directions so. Vessel operators given permission given to them by the Captain of the to enter or operate in the safety zone Port Duluth, or the on-scene represent- must comply with all directions given ative. to them by the COTP or a designated [USCG–2013–0214, 78 FR 48804, Aug. 12, 2013] representative. Persons and vessels may request permission to enter the safety zone on VHF–23A or through the

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24-hour Command Center at telephone 24-hour Command Center at telephone (415) 399–3547. (415) 399–3547.

[USCG–2012–0419, 77 FR 39417, July 3, 2012] EFFECTIVE DATE NOTE: By USCG–2013–0654, 78 FR 54173, Sept. 3, 2013, temporary § 165.T11– § 165.T11–589 Safety zone; SFOBB 589 was added, effective Sept. 1, 2013, through Demolition Safety Zone, San Fran- Dec. 30, 2014. cisco, CA. § 165.T11–630 Safety zone; Giants En- (a) Location. This temporary safety terprises Fireworks Display, San zone is established in the navigable Francisco Bay, San Francisco, CA. waters of the San Francisco Bay near (a) Location. This temporary safety Yerba Buena Island, California as de- zone is established in the navigable picted in National Oceanic and Atmos- waters of the San Francisco Bay near pheric Administration (NOAA) Chart Pier 48 in San Francisco, CA as de- 18650. The safety zone will encompass picted in National Oceanic and Atmos- the navigable waters around the pheric Administration (NOAA) Chart SFOBB within 100 yards beginning at 18650. From 11 a.m. until 10:50 p.m. on Yerba Buena Island and ending at the May 21, 2014, the temporary safety zone ‘‘I’’ Pier. applies to the nearest point of the fire- (b) Enforcement period. The zone de- works barge within a radius of 100 feet scribed in paragraph (a) of this section during the loading, transit, and arrival will be in effect from 6 a.m. to 7 p.m. of the fireworks barge from Pier 50 to daily from September 1, 2013 until De- the launch site near Pier 48 in approxi- cember 30, 2014. The Captain of the mate position 37°46′40″ N, 122°22′58″ W Port San Francisco (COTP) will notify (NAD83). From 10:50 p.m. until 11 p.m. the maritime community of periods on May 21, 2014, the temporary safety during which this zone will be enforced zone will increase in size and encom- via Broadcast Notice to Mariners in ac- pass the navigable waters around and cordance with 33 CFR 165.7. under the fireworks barge in approxi- (c) Definitions. As used in this sec- mate position 37°46′40″ N, 122°22′58″ W tion, ‘‘designated representative’’ (NAD83) within a radius of 700 feet. means a Coast Guard Patrol Com- (b) Enforcement period. The zone de- mander, including a Coast Guard cox- scribed in paragraph (a) of this section swain, petty officer, or other officer on will be enforced from 11 a.m. through a Coast Guard vessel or a Federal, 11 p.m. on May 21, 2014. The Captain of State, or local officer designated by or the Port San Francisco (COTP) will no- assisting the COTP in the enforcement tify the maritime community of peri- of the safety zone. ods during which this zone will be en- (d) Regulations. (1) Under the general forced via Broadcast Notice to Mari- regulations in 33 CFR part 165, subpart ners in accordance with 33 CFR 165.7. C, entry into, transiting or anchoring (c) Definitions. As used in this sec- within this safety zone is prohibited tion, ‘‘designated representative’’ unless authorized by the COTP or a means a Coast Guard Patrol Com- designated representative. mander, including a Coast Guard cox- (2) The safety zone is closed to all swain, petty officer, or other officer on vessel traffic, except as may be per- a Coast Guard vessel or a Federal, mitted by the COTP or a designated State, or local officer designated by or representative. assisting the COTP in the enforcement (3) Vessel operators desiring to enter of the safety zone. or operate within the safety zone must (d) Regulations. (1) Under the general contact the COTP or a designated rep- regulations in 33 CFR Part 165, Subpart resentative to obtain permission to do C, entry into, transiting or anchoring so. Vessel operators given permission within this safety zone is prohibited to enter or operate in the safety zone unless authorized by the COTP or a must comply with all directions given designated representative. to them by the COTP or a designated (2) The safety zone is closed to all representative. Persons and vessels vessel traffic, except as may be per- may request permission to enter the mitted by the COTP or a designated safety zone on VHF–23A or through the representative.

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(3) Vessel operators desiring to enter and enforcement of this security zone or operate within the safety zone must by the U.S. Navy. contact the COTP or a designated rep- [COTP San Diego 04–019, 70 FR 2021, Jan. 12, resentative to obtain permission to do 2005] so. Vessel operators given permission to enter or operate in the safety zone § 165.1102 Security Zone; Naval Base must comply with all directions given Point Loma; San Diego Bay, CA. to them by the COTP or a designated (a) Location. The following area is a representative. Persons and vessels security zone: The water adjacent to may request permission to enter the the Naval Base Point Loma, San Diego, safety zone on VHF–23A or through the CA, enclosed by the following coordi- 24-hour Command Center at telephone nates: (415) 399–3547. 32°42′28.8″ N, 117°14′13.2″ W (Point A) [USCG–2014–0174, 79 FR 23916, Apr. 29, 2014] 32°42′28.8″ N, 117°14′12.6″ W (Point B) 32°42′10.2″ N, 117°14′03.0″ W (Point C) § 165.1101 Security Zone: San Diego 32°42′06.2″ N, 117°14′01.5″ W (Point D) Bay, CA. 32°41′49.5″ N, 117°14′07.0″ W (Point E) (a) Location. The following area is a 32°41′47.4″ N, 117°14′11.4″ W (Point F) security zone: the water area within 32°41′43.8″ N, 117°14′12.6″ W (Point G) Naval Station, San Diego enclosed by 32°41′31.8″ N, 117°14′13.8″ W (Point H) the following points: Beginning at 32°41′33.0″ N, 117°14′01.2″ W (Point I) 32°41′16.5″ N, 117°08′01″ W (Point A); 32°41′10.2″ N, 117°13′57.0″ W (Point J) thence running southwesterly to 32°41′10.2″ N, 117°13′58.2″ W (Point K) 32°40′58.3″ N, 117°08′11.0″ W (Point B); to 32°40′36.0″ N 117°07′49.1″ W (Point C); to Thence running generally north along 32°40′17.0′ N, 117°07′34.6″ W (Point D); to the shoreline to Point A. 32°39′36.4″ N, 117°07′24.8″ W (Point E); to (b) Regulations. (1) The general regu- 32°39′38.5″ N 117°07′06.5″ W, (Point F); lations governing security zones found thence running generally northwest- in 33 CFR 165.33 apply to the security erly along the shoreline of the Naval zone described in paragraph (a) of this Station to the place of the beginning. section. All coordinates referenced use datum: (2) Entry into, or remaining in, the NAD 1983. areas of either zone is prohibited unless authorized by the Captain of the Port (b) Regulations. (1) In accordance with San Diego; Commanding Officer, Naval the general regulations in § 165.33 of Base Point Loma; or Commander, this part, entry into the area of this Naval Region Southwest. zone is prohibited unless authorized by (3) Persons desiring to transit the the Captain of the Port San Diego; area of the security zone may request Commander, Naval Base San Diego; permission from the Captain of the Commander, Navy Region Southwest; Port San Diego at telephone number or the Commanding Officer, Naval Sta- (619) 278–7033 or on VHF channel 16 tion, San Diego. (156.8 MHz) or from either the Com- (2) Persons desiring to transit the manding Officer, Naval Base Point area of the security zone may contact Loma or the Commanding Officer Navy the Captain of the Port at telephone Region Southwest by calling the Navy number 619–683–6495 or on VHF channel Port Operation Dispatch at telephone 16 (156.8 MHz) to seek permission to number (619) 556–1433 or on VHF–FM transit the area. If permission is grant- channels 16 or 12. If permission is ed, all persons and vessels must comply granted, all persons and vessels must with the instructions of the Captain of comply with the instructions of the the Port or his or her designated rep- Captain of the Port San Diego or his or resentative. her designated representative. (c) Authority. In addition to 33 U.S.C. (c) Definitions. For purposes of this 1231 and 50 U.S.C. 191, the authority for section: Captain of the Port San Diego, this section includes 33 U.S.C. 1226. means the Commanding Officer of the (d) Enforcement. The U.S. Coast Coast Guard Sector San Diego; Com- Guard may be assisted in the patrol mander, Navy Region Southwest,

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means Navy Region Commander re- marine Warfare Command or the Com- sponsible for the Southwest Region; mander, Navy Region Southwest by Commanding Officer, Naval Base Point calling the Navy Port Operation Dis- Loma, means the Installation Com- patch at telephone number (619) 556– mander of the naval base located on 1433 or on VHF–FM channels 16 or 12. If Point Loma, San Diego, California; permission is granted, all persons and Designated Representative, means any vessels must comply with the instruc- U.S. Coast Guard commissioned, war- tions of the Captain of the Port San rant, or petty officer who has been des- Diego or his or her designated rep- ignated by the Captain of the Port San resentative. Diego to assist in the enforcement of (c) Definitions. For purposes of this the security zone described in para- section: Captain of the Port San Diego, graph (a) of this section. means the Commanding Officer of the (d) Enforcement. The U.S. Coast Coast Guard Sector San Diego; Com- Guard may be assisted in the patrol mander, Navy Region Southwest, and enforcement of the security zone means Navy Region Commander re- described in paragraph (a) of this sec- sponsible for the Southwest Region; tion by the U.S. Navy and local law en- Commanding Officer, Naval Mine Anti forcement agencies. Submarine Warfare Command, means [USCG–2013–0580, 78 FR 72027, Dec. 2, 2013] the Installation Commander of the naval base located on Point Loma, San § 165.1103 Security Zone; Naval Mine Diego, California; Designated Rep- Anti Submarine Warfare Command; resentative, means any U.S. Coast San Diego Bay, San Diego, CA. Guard commissioned, warrant, or petty (a) Location. (1) The following area is officer who has been designated by the a security zone: The water adjacent to Captain of the Port San Diego to assist the Naval Mine Anti Submarine War- in the enforcement of the security zone fare Command, bound by the following described in paragraph (a) of this sec- coordinates: tion. ° ′ ″ ° ′ ″ 32 43 40.9 N, 117 12 54.9 W (A) (d) Enforcement. The U.S. Coast ° ′ ″ ° ′ ″ 32 43 40.6 N, 117 12 52.3 W (B) Guard may be assisted in the patrol ° ′ ″ ° ′ ″ 32 43 22.5 N, 117 12 57.8 W (C) and enforcement of the security zone ° ′ ″ ° ′ ″ 32 43 23.4 N, 117 13 01.3 W (D) described in paragraph (a) of this sec- Thence running generally northwest tion by the U.S. Navy and local law en- along the shoreline to Point A. forcement agencies. (2) The proposed security zone at the Naval Mine Anti Submarine Warfare [USCG–2013–0580, 78 FR 72028, Dec. 2, 2013] Command would be established to pro- § 165.1104 Security Zone: San Diego vide for the 100 feet of standoff dis- Bay, CA. tance. (b) Regulations. (1) The general regu- (a) Location. The following area is a lations governing security zones found security zone: on the waters along the in 33 CFR 165.33 apply to the security northern shoreline of Naval Base Coro- zone described in paragraph (a) of this nado, the area enclosed by the fol- section. lowing points: Beginning at 32°42′53.0″ (2) Entry into, or remaining in, the N, 117°11′45.0 W (Point A); thence run- areas of either zone is prohibited unless ning northerly to 32°42′55.5″ N, authorized by the Captain of the Port 117°11′45.0″ W, (Point B); thence running San Diego; Commanding Officer, Naval easterly to 32°42′57.0″ N, 117°11′31.0″ W, Mine Anti Submarine Warfare Com- (Point C); thence southeasterly to mand; or Commander, Naval Region 32°42′42.0″ N, 117°11′04.0″ W (Point D); Southwest. thence southeasterly to 32°42′21.0″ N, (3) Persons desiring to transit the 117°10′47.0″ W (Point E) thence running area of the security zone may request southerly to 32°42′13.0″ N, 117°10′51.0″ W permission from the Captain of the (Point F); thence running generally Port San Diego at telephone number northwesterly along the shoreline of (619) 278–7033 or on VHF channel 16 Naval Base Coronado to the place of be- (156.8 MHz) or from either the Com- ginning. All coordinates referenced use manding Officer, Naval Mine Anti Sub- datum: NAD 1983.

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(b) Regulations. (1) In accordance with North Island. Section 165.33 also con- the general regulations in Sec. 165.33 of tains other general requirements. this part, entry into the area of this [COTP San Diego Reg. 85–11, 51 FR 3776, Jan. zone is prohibited unless authorized by 30, 1986, as amended at 52 FR 8893, Mar. 20, the Captain of the Port San Diego; 1987. Redesignated by USCG–2001–9286, 66 FR Commander, Naval Base Coronado, or 33642, June 25, 2001] Commander, Navy Region Southwest. § 165.1106 San Diego Bay, California— (2) Persons desiring to transit the safety zone. area of the security zone may contact (a) The waters of San Diego Bay en- the Captain of the Port at telephone closed by the following boundaries are number 619–683–6495 or on VHF channel a safety zone: 16 (156.8 MHz) to seek permission to From a point located on the bound- transit the area. If permission is grant- ary of Coast Guard Air Station San ed, all persons and vessels must comply Diego, California at latitude 32°43′37.2″ with the instructions of the Captain of N, longitude 117°10′45.0″ W (point A), for the Port or his or her designated rep- a point of beginning; thence southeast- resentative. erly to latitude 32°43′36.2″ N, longitude (c) Authority. In addition to 33 U.S.C. 117°10′41.5″ W (point B); thence south- 1231 and 50 U.S.C. 191, the authority for westerly to latitude 32°43′20.2″ N, lon- this section includes 33 U.S.C. 1226. gitude 117°10′49.5″ W (point C); thence (d) Enforcement. The U.S. Coast northwesterly to latitude 32°43′25.7″ N, Guard may be assisted in the patrol longitude 117°11′04.6″ W (point D); and enforcement of this security zone thence northeasterly to latitude by the U.S. Navy. 32°43′35.7″ N, longitude 117°10′59.5″ W (point E); thence generally easterly [COTP San Diego, 68 FR 25290, May 12, 2003] along the air station boundary to the point of beginning (point A). § 165.1105 Security Zone: San Diego (b)(1) In accordance with the general Bay, California. regulations in § 165.23 of this part, (a) Location. (1) The following area is entry into the area of this zone is pro- a security zone: The water area adja- hibited unless authorized by the Cap- cent to Naval Air Station North Island, tain of the Port, except as provided for Coronado, California, and within 100 below. yards (91 meters) of Bravo Pier, and (2) Vessels may transit the area of vessels moored thereto, bounded by the this safety zone without permission, following points (when no vessel is but may not anchor, stop, remain with- moored at the pier): in the zone, or approach within 100 yards (92 meters) of the land area of (i) Latitude 32°41′53.0″ N, Longitude Coast Guard Air Station San Diego or 117°13′33.6″ W; structures attached thereto. (ii) Latitude 32°41′53.0″ N, Longitude 117°13′40.6″ W; [CGD 85–034, 50 FR 14703, Apr. 15, 1985 and (iii) Latitude 32°41′34.0″ N, Longitude COTP San Diego Reg. 85–06, 50 FR 38003, ° ′ ″ Sept. 19, 1985. Redesignated by USCG–2001– 117 13 40.6 W; 9286, 66 FR 33642, June 25, 2001] (iv) Latitude 32°41′34.0″ N, Longitude 117°13′34.1″ W. § 165.1107 San Diego Bay, California. (2) Because the area of this security (a) Location. The area encompassed zone is measured from the pier and by the following geographic coordi- from vessels moored thereto, the ac- nates is a regulated navigation area: tual area of this security zone will be 32°41′24.6″ N 117°14′21.9″ W larger when a vessel is moored at 32°41′34.2″ N 117°13′58.5″ W Bravo Pier. 32°41′34.2″ N 117°13′37.2″ W (b) Regulations. In accordance with Thence south along the shoreline to the general regulations in § 165.33 of 32°41′11.2″ N 117°13′31.3″ W this part, entry into the area of this 32°41′11.2″ N 117°13′58.5″ W zone is prohibited unless authorized by Thence north along the shoreline to the the Captain of the Port or the Com- point of origin. manding Officer, Naval Air Station 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 Guard; other Federal, state, or local channel 16 (156.800 Mhz). The call sign law enforcement; and any public or for radiotelephone requests to the Cap- sponsor-provided vessels assigned or tain of the Port or designated rep- approved by the cognizant Coast Guard resentative is ‘‘Coast Guard Sector San Sector Commander to patrol each Diego.’’ event. (2) For purposes of the requirements (1) No spectator shall anchor, block, in paragraph (d)(1) of this section, the loiter, nor impede the through transit Captain of the Port or designated rep- of participants or official patrol vessels resentative means any official des- in the safety zone during all applicable ignated by the Captain of the Port, in- effective dates and times unless cleared cluding but not limited to commis- to do so by or through an official pa- sioned, warrant, and petty officers of trol vessel. the U.S. Coast Guard, and any U.S. (2) When hailed and/or signaled by an Coast Guard patrol vessel. Upon being official patrol vessel, any spectator lo- hailed by a U.S. Coast Guard vessel by cated within a safety zone during all siren, radio, flashing light, or other applicable effective dates and times means, the operator of a vessel shall shall come to an immediate stop. proceed as directed. (3) The Patrol Commander (e) Waivers. The Captain of the Port (PATCOM) is empowered to forbid and or designated representative may, upon control the movement of all vessels in request, waive any regulation in this the safety zone. The Patrol Com- section. mander shall be designated by the cog- [CGD11–05–002, 70 FR 70495, November 22, nizant Coast Guard Sector Commander; 2005] will be a U.S. Coast Guard commissioned officer, warrant officer, or petty § 165.1123 Southern California Annual officer to act as the Sector Com- Firework Events for the San Diego mander’s official representative. As the Captain of the Port Zone. Sector Commander’s representative, (a) General. Safety zones are estab- the PATCOM may terminate the event lished for the events listed in Table 1 of any time it is deemed necessary for the this section. Further information on protection of life and property. exact dates, times, and other details PATCOM may be reached on VHF–FM concerning the exact geographical de- Channel 13 (156.65MHz) or 16 (156.8MHz) scription of the areas are published by when required, by the call sign the Eleventh Coast Guard District in ‘‘PATCOM’’. the Local Notice to Mariners at least (4) The Patrol Commander may, upon 20 days prior to the event. request, allow the transit of vessels (b) Regulations. All persons and ves- through the safety zone when it is safe sels not registered with the sponsor as to do so. participants or as official patrol ves- (5) The Coast Guard may be assisted sels are considered spectators. The by other Federal, state, or local agen- ‘‘official patrol’’ consists of any Coast cies.

TABLE 1 TO § 165.1123 [All coordinates referenced use datum NAD 83]

1. San Diego, CA POPS Fireworks Display

Sponsor ...... San Diego Symphony Event Description ...... Fireworks Display. Date ...... Friday/Saturday/Sunday last weekend of June through first weekend of September. Location ...... San Diego Bay South Embarcadero, San Diego, CA Regulated Area ...... 800-foot radius safety zone around tug/barge combination located at approximately: 32°42′16″ N, 117°09′59″ W.

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TABLE 1 TO § 165.1123—Continued [All coordinates referenced use datum NAD 83]

2. Fourth of July Fireworks, Mission Bay

Sponsor ...... Mission Bay Yacht Club Event Description ...... Fireworks Display. Date ...... One evening; the first week in July. Location ...... Mission Bay, San Diego, CA. Regulated Area ...... 800-foot radius safety zone around tug/barge combination located at approximately 32°47′00″ N, 117°14′45″ W.

3. Coronado Glorietta Bay Fourth of July Fireworks

Sponsor ...... Coronado, CA. Event Description ...... Fireworks Display. Date ...... One evening; the first week in July. Location ...... Glorietta Bay, CA. Regulated Area ...... 800-foot radius safety zone around a tug/barge combination located at approximately: 32°40′43″ N, 117°10′14″ W.

4. San Diego Parade of Lights Fireworks Display

Sponsor ...... Greater Shelter Island Association. Event Description ...... Boat Parade/Fireworks display. Date ...... Two evenings in December. Location ...... San Diego Harbor, San Diego, CA. Regulated Area ...... 800-foot radius safety zone around a tug/barge combination in the northern portion of the San Diego Main Ship Channel off of Harbor Island located at approximately: 32°43′25″ N, 117°11′50″ W. (Note: see also 33 CFR 100.1101, Table 1, for related marine event).

5. Big Bay Boom Fourth of July Fireworks

Sponsor ...... Port of San Diego. Event Description ...... Fireworks Display. Date ...... One evening; first week in July Location ...... San Diego Bay, San Diego, CA. Regulated Area ...... 1000-foot radius safety zone around four tug/barge combinations located at approximately: Shelter Island Barge: 32°42′48″ N, 117°13′12″ W; Harbor Island Barge: 32°43′00″ N, 117°12′00″ W; Embarcadero Barge: 32°42′45″ N, 117°10′47″ W; Seaport Village Barge: 32°42′02″ N, 117°10′00″ W.

6. MIDWAY Fireworks

Sponsor ...... USS MIDWAY Association. Event Description ...... Fireworks Display. Date ...... Evening shows throughout the year. Location ...... San Diego Bay off the USS MIDWAY, San Diego, CA. Regulated Area ...... 800-foot radius safety zone around either the tug/barge combination immediately to the west of the USS MIDWAY located at approximately: 32°42′46″ N, 117°10′47″ W or off of the western end of the flight deck of the USS MIDWAY.

7. Sea World Fireworks

Sponsor ...... Sea World. Event Description ...... Fireworks Display.

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TABLE 1 TO § 165.1123—Continued [All coordinates referenced use datum NAD 83]

Date ...... Nightly; between Memorial Day and Labor Day. Approximately 10 evening shows between Labor Day and Memorial Day, primarily on weekend evenings. Between Thanksgiving and New Year’s Day as conditions allow. Location ...... Mission Bay/Fiesta Island, San Diego, CA. Regulated Area ...... 800-foot radius safety zone around a tug/barge combination located at approximately: 32°46′03″ N, 117°13′11″ W.

[USCG–2009–0559, 76 FR 50671, Aug. 16, 2011, as amended by USCG–2013–0362, 79 FR 9091, Feb. 18, 2014]

§ 165.1124 Annual Firework Events on to do so by or through an official pa- the Colorado River, between Davis trol vessel. Dam (Bullhead City, Arizona) and (2) When hailed and/or signaled by an Headgate Dam (Parker, Arizona) official patrol vessel, any spectator lo- within the San Diego Captain of cated within a safety zone during all Port Zone. applicable effective dates and times (a) General. Safety zones are estab- shall come to an immediate stop. lished for the events listed in Table 1 of (3) The Patrol Commander this section. Further information on (PATCOM) is empowered to forbid and exact dates, times, and other details control the movement of all vessels in concerning the exact geographical de- the safety zone. The Patrol Com- scription of the areas are published by mander shall be designated by the cog- the Eleventh Coast Guard District in nizant Coast Guard Sector Commander; the Local Notice to Mariners at least will be a U.S. Coast Guard commis- 20 days prior to the event. sioned officer, warrant officer, or petty officer to act as the Sector Com- (b) Regulations. All persons and ves- mander’s official representative. As the sels not registered with the sponsor as Sector Commander’s representative, participants or as official patrol ves- the PATCOM may terminate the event sels are considered spectators. The any time it is deemed necessary for the ‘‘official patrol’’ consists of any Coast protection of life and property. Guard; other Federal, state, or local PATCOM may be reached on VHF–FM law enforcement; and any public or Channel 13 (156.65MHz) or 16 (156.8MHz) sponsor-provided vessels assigned or when required, by the call sign approved by the cognizant Coast Guard ‘‘PATCOM’’. Sector Commander to patrol each (4) The Patrol Commander may, upon event. request, allow the transit of vessels (1) No spectator shall anchor, block, through the safety zone when it is safe loiter, nor impede the through transit to do so. of participants or official patrol vessels (5) The Coast Guard may be assisted in the safety zone during all applicable by other Federal, state, or local agen- effective dates and times unless cleared cies.

TABLE 1 TO § 165.1124 [All coordinates referenced use datum NAD 83]

1. Avi Resort & Casino Memorial Day Fireworks

Sponsor ...... Avi Resort & Casino. Event Description ...... Fireworks Display. Date ...... Sunday before Memorial Day. Location ...... Laughlin, NV.

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TABLE 1 TO § 165.1124—Continued [All coordinates referenced use datum NAD 83]

Regulated Area ...... River closure from 8 p.m.–10 p.m. The safety zone includes all navigable waters of the lower Colorado River at Laughlin, NV encompassed by the following coordinates: 35°01′05″ N, 114°38′20″ W; 35°01′05″ N, 114°38′15″ W; along the shoreline to 35°00′50″ N, 114°38′13″ W; 35°00′49″ N, 114°38′18″ W; along the shoreline to 35°01′05″N, 114°38′20″ W.

2. Laughlin/Bullhead City Rockets Over the River Fireworks

Sponsor ...... Laughlin Tourism Committee. Event Description ...... Fireworks Display. Two events over the 4th of July Weekend. One will be on the 4th and the other will be on a weekend evening closest to the 4th of July. Date ...... First week in July. Location ...... Laughlin, NV./Bullhead City, AZ. Regulated Area ...... The temporary safety zone is specifically defined as all navigable waters of the lower Colorado River at Laughlin, NV encompassed by the following coordinates: 35°09′53″ N, 114°34′15″ W; 35°09′53″ N, 114°34′07″ W; along the shoreline to 35°09′25″ N, 114°34′09″ W; 35°09′06″ N, 114°34′17″ W; along the shoreline to 35°09′53″ N, 114°34′15″ W.

3. Avi Resort & Casino Independence Day Fireworks

Sponsor ...... Avi Resort & Casino. Event Description ...... Fireworks Display. Date ...... First week in July. Location ...... Laughlin, NV. Regulated Area ...... River closure from 8 p.m.–10 p.m. The safety zone includes all navigable waters of the lower Colorado River at Laughlin, NV encompassed by the following coordinates: 35°01′05″ N, 114°38′20″ W; 35°01′05″ N, 114°38′14″ W; along the shoreline to 35°00′50″ N, 114°38′13″ W; 35°00′49″ N, 114°38′18″ W; along the shoreline to 35°01′05″ N, 114°38′20″ W.

4. Avi Resort & Casino Labor Day Fireworks

Sponsor ...... Avi Resort & Casino. Event Description ...... Fireworks Display. Date ...... Sunday before Labor Day. Location ...... Laughlin, NV. Regulated Area ...... River closure from 8 p.m.–10 p.m. The safety zone includes all navigable waters of the lower Colorado River at Laughlin, NV encompassed by the following coordinates: 35°01′05″ N, 114°38′20″ W; 35°01′05″ N, 114°38′15″ W; along the shoreline to 35°00′20″ N, 114°38′13″ W; 35°00′49″ N, 114°38′18″ W; along the shoreline to 35°01′05″N, 114°38′20″ W.

5. Colorado Belle & Edgewater Hotel/Casino Thanksgiving Fireworks

Sponsor ...... Edgewater Hotel & Casino Event Description ...... Fireworks Display. Date ...... One evening during Thanksgiving week. Location ...... Laughlin, NV.

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TABLE 1 TO § 165.1124—Continued [All coordinates referenced use datum NAD 83]

Regulated Area ...... The temporary safety zone is specifically defined as all navigable waters of the lower Colorado River at Laughlin, NV, from 10 p.m.– 12:30 a.m., encompassed by the following coordinates: 35°09′51″ N, 114°34′08″ W; 35°09′53″ N, 114°34′15″ W, along the shoreline to 35°09′31″ N, 114°34′17″ W; 35°09′33″ N, 114°34′08″ W along the shoreline to 35°09′51″ N, 114°34′08″ W.

6. Colorado Belle & Edgewater Hotel/Casino New Years Eve Fireworks

Sponsor ...... Edgewater Hotel & casino. Event Description ...... Fireworks Display. Date ...... New Years Eve. Location ...... Laughlin, NV. Regulated Area ...... The temporary safety zone is specifically defined as all navigable waters of the lower Colorado River at Laughlin, NV, from 10 p.m.– 12:30 a.m., encompassed by the following coordinates: 35°09′51″ N, 114°34′08″ W; 35°09′53″ N, 114°34′15″ W along the shoreline to 35°09′ 31″ N, 114°34′18″ W; 35°09′33″ N, 114°34′08″ W along the shoreline to 35°09′51″ N, 114°34′08″ W.

[USCG–2009–0559, 76 FR 50672, Aug. 16, 2011, as amended by USCG–2013–0362, 79 FR 9092, Feb. 18, 2014]

§ 165.1125 Southern California Annual (2) When hailed and/or signaled by an Firework Events for the Los Ange- official patrol vessel, any spectator lo- les Long Beach Captain of the Port cated within a safety zone during all zone. applicable effective dates and times (a) General. Safety zones are estab- shall come to an immediate stop. lished for the events listed in Table 1 of (3) The Patrol Commander this section. Further information on (PATCOM) is empowered to forbid and exact dates, times, and other details control the movement of all vessels in concerning the exact geographical de- the safety zone. The Patrol Com- scription of the areas are published by mander shall be designated by the cog- the Eleventh Coast Guard District in nizant Coast Guard Sector Commander; the Local Notice to Mariners at least will be a U.S. Coast Guard commis- 20 days prior to the event. sioned officer, warrant officer, or petty (b) Regulations. All persons and ves- officer to act as the Sector Com- sels not registered with the sponsor as mander’s official representative; and participants or as official patrol ves- will be located aboard the lead official sels are considered spectators. The patrol vessel. As the Sector Com- ‘‘official patrol’’ consists of any Coast mander’s representative, the PATCOM Guard; other Federal, state, or local may terminate the event any time it is law enforcement; and any public or deemed necessary for the protection of sponsor-provided vessels assigned or life and property. PATCOM may be approved by the cognizant Coast Guard reached on VHF–FM Channel 13 Sector Commander to patrol each (156.65MHz) or 16 (156.8MHz) when re- event. quired, by the call sign ‘‘PATCOM’’. (1) No spectator shall anchor, block, (4) The Patrol Commander may, upon loiter, nor impede the through transit request, allow the transit of commer- of participants or official patrol vessels cial vessels through the safety zone in the safety zone during all applicable when it is safe to do so. effective dates and times unless cleared (5) The Coast Guard may be assisted to do so by or through an official pa- by other Federal, state, or local agen- trol vessel. cies.

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TABLE 1 TO § 165.1125 [All coordinates referenced use datum NAD 83.]

1. Cambria American Legion Post Fourth of July Fireworks

Sponsor ...... Cambria American Legion Post. Event Description ...... Fireworks Display. Date ...... July 4th. Location ...... Shamel Beach, Cambria, CA. Regulated Area ...... 100-foot radius around the fireworks launch barge during the loading of pyrotechnics aboard the fireworks barge and during the transit of the fireworks barge from the loading location to the display location. Increases to a 1,000-foot radius upon commencement of the fireworks display.

2. LA County Dept of Beach and Harbors 4th of July Fireworks

Sponsor ...... Los Angeles, CA County Dept of Beach and Harbors. Event Description ...... Fireworks Display. Date ...... July 4th. Location ...... Main Ship Channel of Marina Del Rey, CA. Regulated Area ...... 100-foot radius around the fireworks launch barge during the loading of pyrotechnics aboard the fireworks barge and during the transit of the fireworks barge from the loading location to the display location. Increases to a 1,000-foot radius upon commencement of the fireworks display.

3. Fourth of July Fireworks, City of Dana Point

Sponsor ...... City of Dana Point, CA. Event Description ...... Fireworks Display. Date ...... July 4th. Location ...... Offshore Dana Point Harbor, CA. Regulated Area ...... 100-foot radius around the fireworks launch barge during the loading of pyrotechnics aboard the fireworks barge and during the transit of the fireworks barge from the loading location to the display location. Increases to a 1,000-foot radius upon commencement of the fireworks display.

4. Fourth of July Fireworks, City of Long Beach

Sponsor ...... City of Long Beach, CA. Event Description ...... Fireworks Display. Date ...... July 4th. Location ...... Long Beach Harbor, CA. Regulated Area ...... 100-foot radius around the fireworks launch barge during the loading of pyrotechnics aboard the fireworks barge and during the transit of the fireworks barge from the loading location to the display location. Increases to a 1,000-foot radius upon commencement of the fireworks display.

5. Fourth of July Fireworks, Irvine Cove Community Association

Sponsor ...... Irvine Cove Community Association. Event Description ...... Fireworks Display. Date ...... July 4th. Location ...... Offshore Laguna Beach, CA.

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TABLE 1 TO § 165.1125—Continued [All coordinates referenced use datum NAD 83.]

Regulated Area ...... 100-foot radius around the fireworks launch barge during the loading of pyrotechnics aboard the fireworks barge and during the transit of the fireworks barge from the loading location to the display location. Increases to a 1,000-foot radius upon commencement of the fireworks display.

6. Fourth of July Fireworks, Emerald Bay Community Association

Sponsor ...... Emerald Bay Community Association. Event Description ...... Fireworks Display. Date ...... July 4th. Location ...... Offshore Laguna Beach, CA. Regulated Area ...... 100-foot radius around the fireworks launch barge during the loading of pyrotechnics aboard the fireworks barge and during the transit of the fireworks barge from the loading location to the display location. Increases to a 1,000-foot radius upon commencement of the fireworks display.

7. Fourth of July Fireworks, Morro Bay CoC

Sponsor ...... Morro Bay Chamber of Commerce. Event Description ...... Fireworks Display. Date ...... July 4th. Location ...... Offshore Morro Bay State Park. Regulated Area ...... 100-foot radius around the fireworks launch barge during the loading of pyrotechnics aboard the fireworks barge and during the transit of the fireworks barge from the loading location to the display location. Increases to a 1,000-foot radius upon commencement of the fireworks display.

8. Fourth of July Fireworks, Catalina Island CoC

Sponsor ...... Catalina Island Chamber of Commerce. Event Description ...... Fireworks Display. Date ...... July 4th. Location ...... Avalon Bay, CA. Regulated Area ...... 100-foot radius around the fireworks launch barge during the loading of pyrotechnics aboard the fireworks barge and during the transit of the fireworks barge from the loading location to the display location. Increases to a 1,000-foot radius upon commencement of the fireworks display.

9. Fourth of July Fireworks, City of Santa Barbara

Sponsor ...... City of Santa Barbara, CA. Event Description ...... Fireworks Display. Date ...... July 4th. Location ...... Harbor Entrance of Santa Barbara, CA. Regulated Area ...... 100-foot radius around the fireworks launch barge during the loading of pyrotechnics aboard the fireworks barge and during the transit of the fireworks barge from the loading location to the display location. Increases to a 1,000-foot radius upon commencement of the fireworks display.

10. Fourth of July Fireworks, City of Faria

Sponsor ...... City of Faria, CA.

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TABLE 1 TO § 165.1125—Continued [All coordinates referenced use datum NAD 83.]

Event Description ...... Fireworks Display. Date ...... July 4th. Location ...... Offshore Faria Beach, CA Regulated Area ...... 100-foot radius around the fireworks launch barge during the loading of pyrotechnics aboard the fireworks barge and during the transit of the fireworks barge from the loading location to the display location. Increases to a 1,000-foot radius upon commencement of the fireworks display.

11. Fourth of July Fireworks, City of Redondo Beach

Sponsor ...... City of Redondo Beach, CA. Event Description ...... Fireworks Display. Date ...... July 4th. Location ...... Offshore Redondo Beach, CA. Regulated Area ...... 100-foot radius around the fireworks launch barge during the loading of pyrotechnics aboard the fireworks barge and during the transit of the fireworks barge from the loading location to the display location. Increases to a 1,000-foot radius upon commencement of the fireworks display.

12. Fourth of July Fireworks, City of San Pedro

Sponsor ...... City of San Pedro, CA. Event Description ...... Fireworks Display. Date ...... July 4th. Location ...... Offshore Cabrillo Beach, CA. Regulated Area ...... 100-foot radius around the fireworks launch barge during the loading of pyrotechnics aboard the fireworks barge and during the transit of the fireworks barge from the loading location to the display location. Increases to a 1,000-foot radius upon commencement of the fireworks display.

13. Fourth of July Fireworks, City of Cayucos

Sponsor ...... City of Cayucos, CA. Event Description ...... Fireworks Display. Date ...... July 4th. Location ...... Cayucos Pier. Regulated Area ...... 100-foot radius around the fireworks launch barge during the loading of pyrotechnics aboard the fireworks barge and during the transit of the fireworks barge from the loading location to the display location. Increases to a 1,000-foot radius upon commencement of the fireworks display.

[USCG–2009–0559, 76 FR 50673, Aug. 16, 2011]

§ 165.1131 Security Zone: Wilson Cove, of San Clemente Island from Wilson San Clemente Island, California. Cove North End Light (LLNR 2565) to Spruce Pier, approximately 4.1 nautical (a) Location. The following area is a miles (4.7 statute miles, 7.65 kilo- security zone: The water area adjacent meters) southeast of Wilson Cove to San Clemente Island, California North End Light, described as follows: within 1.5 nautical miles (1.73 statute Starting at a point on the shoreline miles, 2.8 kilometers) of the shoreline of San Clemente Island, California, in

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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. California. Section 165.33 also contains other general requirements. (5) Section E [COTP San Diego Reg. 87–04, 52 FR 18230, Beginning at 32°50.70′ N, 118°29.37′ W; May 14, 1987. Redesignated by USCG–2001– thence to 32°48.05′ N, 118°31.68′ W; 9286, 66 FR 33642, June 25, 2001] thence running parallel to the shore at § 165.1141 Safety Zone; San Clemente 3 a distance of approximately 3 NM from NM Safety Zone, San Clemente Is- the high tide line to 32°53.62′ N, land, CA. 118°35.93′ W; thence to 32°56.13′ N, (a) Location. The following area is a 118°32.95′ W; thence along the shoreline safety zone: All waters of the Pacific returning to 32°50.70′ N, 118°29.37′ W. Ocean surrounding San Clemente Is- (6) Section F land, from surface to bottom, extending from the high tide line on the is- Beginning at 32°56.13′ N, 118°32.95′ W; land seaward 3 NM. The zone consists thence to 32°53.62′ N, 118°35.93′ W; of the following sections (see Figure 1): thence running parallel to the shore at a distance of approximately 3 NM from (1) Section A the high tide line to 32°59.95′ N, Beginning at 33°02.05′ N, 118°35.85′ W; 118°39.77′ W; thence to 33°01.08′ N, thence to 33°04.93′ N, 118°37.07′ W; 118°36.33′ W; thence along the shoreline thence running parallel to the shore at returning to 32°56.13′ N, 118°32.95′ W. a distance of approximately 3 NM from the high tide line to 33°02.82′ N, (7) Section G 118°30.65′ W; thence 33°01.29′ N, 118°33.88′ Beginning at 33°01.08’ N, 118°36.333’ W; W; thence along the shoreline return- thence to 32°59.95′ N, 118°39.77′ W; ing to 33°02.05′ N, 118°35.85′ W. thence running parallel to the shore at a distance of approximately 3 NM from (2) Section B the high tide line to 33°04.93′ N, Beginning at 32°57.30′ N, 118°30.88′ W; 118°37.07′ W; thence to 33°02.05′ N, thence to 32°59.60′ N, 118°28.33′ W; 118°35.85′ W; along the shoreline return- thence running parallel to the shore at ing to 33°01.08′ N, 118°36.33′ W. a distance of approximately 3 NM from the high tide line to 32°55.83′ N, (8) Wilson Cove 118°24.22′ W; thence to 32°53.53′ N, Beginning at 33°01.28′ N, 118°33.88′ W; 118°26.52′ W; thence along the shoreline thence to 33°02.82′ N, 118°30.65′ W; returning to 32°57.30′ N, 118°30.88′ W. thence running parallel to the shore at a distance of approximately 3 NM from (3) Section C the high tide line to 32°59.60’ N, Beginning at 32°53.53′ N, 118°26.52′ W; 118°28.33′ W; thence to 32°57.30′ N, thence to 32°55.83′ N, 118°24.22′ W; 118°30.88′ W; thence along the shoreline thence running parallel to the shore at returning to 33°01.28′ N, 118°33.88′ W.

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(b) Definitions. The following defini- (2) This regulation will be enforced in tion applies to this section: designated Sections A through F of the safety representative, means any commis- zone described in paragraphs (a)(1) sioned, warrant, and petty officers of through (6) of this section except when the Coast Guard on board Coast Guard, the Coast Guard notifies the public Coast Guard Auxiliary, and local, that enforcement of the zone in speci- state, and Federal law enforcement fied sections is temporarily suspended. vessels who have been authorized to Mariners need not obtain permission in act on the behalf of the Captain of the accordance with the procedure de- Port (COTP). scribed in paragraph (d)(2) of this sec- (c) Enforcement. (1) This regulation tion to enter a zone section in which will be enforced at all times in Section enforcement is temporarily suspended. G and the Wilson Cove section of the At all other times, mariners must ob- safety zone described in paragraph (a) tain permission in accordance with the of this section. Mariners must obtain procedure described in paragraph (d)(2) permission in accordance with the pro- before entering any of those sections. cedure described in paragraph (d)(2) of (3) The COTP will provide notice of this section before entering either of suspended enforcement by means ap- those sections (paragraphs (a)(7) and propriate to effect the widest publicity, (8)). including broadcast notice to mariners,

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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 vessel operator must promptly notify port areas inside the Federal break- the FACSFAC of safe passage through waters bounding San Pedro Bay; the safety zone. Failure to expedi- (3) All waters, extending from the tiously notify FACSFAC of passage surface to the sea floor, within 1000 through the safety zone will result in a yards ahead and 500 yards on each side determination by the Navy that the and astern of any LHG tank vessel that vessel is still in the safety zone, there- is underway either on the waters inside by restricting the use of the area for the Federal breakwaters bounding San naval operations. If the Navy deter- Pedro Bay or on the waters within mines that facilitating safe transit three nautical miles seaward of the through the zone negatively impacts Federal breakwaters. range operations, the Navy will cease (c) Regulations. (1) In accordance with this practice and enforce the safety the general regulations in § 165.33 of zones in these two areas without excep- this part, entry into or remaining in tion. these zones is prohibited unless author- (3) All persons and vessels must com- ized by the Coast Guard Captain of the ply with the instructions of the U.S. Port Los Angeles-Long Beach, or his or Navy, Coast Guard Captain of the Port her designated representative. or the designated representative. (2) Persons desiring to transit the (4) Upon being hailed by U.S. Navy or area of the security zone may contact U.S. Coast Guard patrol personnel by the Captain of the Port at telephone siren, radio, flashing light, or other number (800) 221–USCG (8724) or on means, the operator of a vessel must VHF-FM channel 16 (156.8 MHz) to seek proceed as directed. permission to transit the area. If per- (5) The U.S. Coast Guard may be as- mission is granted, all persons and ves- sisted in the patrol and enforcement of sels shall comply with the instructions the safety zone described in paragraph of the Captain of the Port or his or her (a) of this section by the U.S. Navy and designated representative. local law enforcement agencies. (3) When any LHG tank vessels ap- [USCG–2009–0277, 75 FR 28198, May 20, 2010] proach within 500 yards of a vessel that is moored or anchored, the stationary § 165.1151 Security Zones; liquefied vessel must stay moored or anchored hazardous gas tank vessels, San while it remains within the LHG tank Pedro Bay, California. vessel’s security zone unless it is either (a) Definition. ‘‘Liquefied Hazardous ordered by or given permission from Gas’’ as used in this section means a the Captain of the Port Los Angeles- liquid containing one or more of the Long Beach to do otherwise. products listed in Table 127.005 of this (d) Authority. In addition to 33 U.S.C. part that is carried in bulk on board a 1231 and 50 U.S.C. 191, the authority for tank vessel as liquefied petroleum gas, this section includes 33 U.S.C. 1226.

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(e) Enforcement. The U.S. Coast Guard (iii) The Los Angeles Deep Water Traf- may be assisted in the patrol and en- fic Lane: forcement of these security zones by the Los Angeles Port Police and the Latitude Longitude Long Beach Police Department. 33°42.47′ N ...... 118°14.95′ W 33°42.56′ N ...... 118°14.75′ W [COTP Los Angeles-Long Beach 02–005, 68 FR 33°39.48′ N ...... 118°13.32′ W 13233, Mar. 19, 2003] 33°39.42′ N ...... 118°13.55′ W 33°42.47′ N ...... 118°14.95′ W § 165.1152 San Pedro Bay, California— Regulated navigation area. (iv) The Long Beach Deep Water Traf- (a) Applicability. This section applies fic Lane: to all vessels unless otherwise speci- Latitude Longitude fied. (Note: All geographic coordinates are defined using North American 33°43.43′ N ...... 118°11.15′ W 33°43.39′ N ...... 118°10.90′ W Datum 1983 (NAD 83)). 33°41.51′ N ...... 118°10.71′ W (b) Deviations. The Captain of the 33°41.50′ N ...... 118°10.95′ W Port of Los Angeles-Long Beach or his 33°43.43′ N ...... 118°11.15′ W or her designated representative may authorize a deviation from the require- (v) Los Angeles Deep Water Pilot Area: A 0.5nm radius around 33°39.00′ N, ments of this regulation when it is ° ′ deemed necessary in the interests of 118 13.19 W. safety. (d) General regulations. The following regulations contained in paragraphs (c) Location. (1) The San Pedro Bay (d)(1) through (d)(3) of this section Regulated Navigation Area (RNA) con- apply to power driven vessels of 1600 or sists of the water area enclosed by the more gross tons, a towing vessel of 8 Los Angeles-Long Beach breakwater meters (approximately 26 feet) or over and a line connecting Point Fermin in length engaged in towing, or vessels Light at 33°42.30′ N, 118°17.60′ W, with of 100 gross tons and upward carrying the following geographical positions: one or more passengers for hire. Latitude Longitude (1) A vessel shall not exceed a speed of 12 knots through the water within ° ′ ° ′ 33 35.50 N ...... 118 17.60 W the RNA. 33°35.50′ N ...... 118°09.00′ W 33°37.70′ N ...... 118°06.50′ W (2) A vessel navigating within the 33°43.40′ N ...... 118°10.80′ W RNA, shall have its engine(s) ready for immediate maneuver and shall operate (2) The San Pedro Bay RNA consists its engine(s) in a control mode and on of the following named sub-areas, de- fuel that will allow for an immediate fined by lines connecting their respec- response to any engine order, ahead or tive geographic coordinates: astern, including stopping its engine(s) (i) The Los Angeles Pilot Area: for an extended period of time. (3) A vessel navigating within the Latitude Longitude RNA shall maintain a minimum sepa- 33°42.50′ N ...... 118°15.10′ W ration from other vessels of at least (Los Angeles Light) 0.25 nm. 33°42.62′ N ...... 118°14.70′ W (e) Specific regulations—(1) Los Angeles 33°41.30′ N ...... 118°13.50′ W 33°40.85′ N ...... 118°14.90′ W Pilot Area. (i) No vessel may enter the 33°42.50′ N ...... 118°15.10′ W Los Angeles Pilot Area unless it is entering or departing Los Angeles Harbor (ii) The Long Beach Pilot Area: entrance (Angels Gate). (ii) Vessels entering the Los Angeles Latitude Longitude Pilot Area shall pass directly through 33°43.40′ N ...... 118°11.20′ W without stopping or loitering except as (Long Beach Light) necessary to embark or disembark a ° ′ ° ′ 33 43.40 N ...... 118 10.80 W pilot. 33°41.50′ N ...... 118°10.22′ W 33°40.52′ N ...... 118°10.22′ W (2) Long Beach Pilot Area. (i) No vessel 33°40.52′ N ...... 118°11.82′ W may enter the Long Beach Pilot Area 33°41.50′ N ...... 118°11.82′ W unless it is entering or departing Long ° ′ ° ′ 33 43.40 N ...... 118 11.20 W Beach Harbor entrance (Queens Gate).

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(ii) Vessels entering the Long Beach § 165.1154 Security Zones; Cruise Pilot Area shall pass directly through Ships, San Pedro Bay, California. without stopping or loitering except as (a) Definition. ‘‘Cruise ship’’ as used necessary to embark or disembark a in this section means a passenger ves- pilot. sel, except for a ferry, over 100 feet in (iii) Every vessel shall leave Long length, authorized to carry more than Beach Approach Lighted Whistle Buoy 12 passengers for hire; making voyages ‘‘LB’’ to port when entering and de- lasting more than 24 hours, any part of parting Long Beach Channel and de- which is on the high seas; and for parting vessels shall pass across the which passengers are embarked or dis- southern boundary of the Long Beach embarked in the Port of Los Angeles or Pilot Area. Port of Long Beach. (3) Los Angeles and Long Beach Deep (b) Location. The following areas are Water Traffic Lanes. When a vessel of 50 security zones: All navigable waters, foot draft or greater is using the Los extending from the surface to the sea Angeles or Long Beach Deep Water floor, within a 100-yard radius around Traffic Lane no other vessel shall enter any cruise ship that is located within the Deep Water Traffic Lane if it will the San Pedro Bay area landward of result in a meeting, crossing or over- the sea buoys bounding the port of Los taking situation. Angeles or Port of Long Beach or des- (4) Los Angeles Deep Water Pilot Area. ignated anchorages within 3 nautical When a vessel of 50 foot draft or great- miles seaward of the Federal Break- er is embarking or disembarking a waters. pilot in the Los Angeles Deep Water (c) Regulations. Under regulations in Pilot Area no other vessel shall enter 33 CFR part 165, subpart D, a person or the Deep Water Pilot Area. vessel may not entry into or remain in (5) Vessels described in paragraph (d) the security zones created by this sec- of this section may not enter the tion unless authorized by the Coast waters between Commercial Anchorage Guard Captain of the Port, Los Ange- G and the Middle Breakwater as de- les—Long Beach (COTP) or a COTP fined by an area enclosed by the line designated representative. beginning at Los Angeles Main Channel (1) Persons desiring to transit these ° ′ ° ′ Entrance Light 2 (33 42.70 N, 118 14.70 security zones may contact the COTP W), thence east along the Middle at telephone number (310) 521–3801 or on Breakwater to Long Beach Light VHF–FM channel 16 (156.8 MHz) to seek ° ′ ° ′ (33 43.40 N, 118 11.20 W), thence south permission to transit the area. If per- ° ′ ° ′ to (33 43.08 N, 118 11.26 W), thence mission is granted, all persons and ves- ° ′ ° ′ westerly to (33 43.08 N, 118 12.26 W), sels must comply with the instructions thence southwesterly parallel to the of the Captain of the Port or his or her ° ′ ° ′ breakwater to (33 42.43 N, 118 14.30 W), designated representative. thence to the point of origin, unless (2) When a cruise ship approaches such vessel is: within 100 yards of a vessel that is (i) In an emergency; moored, or anchored, the stationary (ii) Proceeding to anchor in or de- vessel must stay moored or anchored parting Commercial Anchorage G; while it remains within the cruise (iii) Standing by with confirmed pilot ship’s security zone unless it is either boarding arrangements; or, ordered by, or given permission from, (iv) Engaged in towing vessels to or the COTP Los Angeles-Long Beach to from Commercial Anchorage G, or to do otherwise. or from the waters between Commer- (d) Authority. In addition to 33 U.S.C. cial Anchorage G and the Middle 1231 and 50 U.S.C. 191, the authority for Breakwater. this section includes 33 U.S.C. 1226. [CGD11–00–007, 65 FR 62294, Oct. 18, 2000. Re- (e) Enforcement. The U.S. Coast Guard designated by USCG–2001–9286, 66 FR 33642, may be assisted in the patrol and en- June 25, 2001] forcement of the security zone by the

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Los Angeles Port Police and the Long (ii) Commercial tugs, lighters, Beach Police Department. barges, launches, or other vessels authorized to engage in servicing the off- [COTP Los Angeles-Long Beach 02–004, 67 FR shore marine terminal or vessels there- 72563, Dec. 6, 2002, as amended by USCG–2011– 0101, 77 FR 1027, Jan. 9, 2012] in; (iii) Public vessels of the United § 165.1155 Security Zone; Diablo Can- States. yon Nuclear Power Plant, Avila (2) Persons desiring to transit the Beach, California. area of the safety zone may contact the (a) Location. The following area is a Captain of the Port at telephone num- security zone: all waters of the Pacific ber 1–800–221–8724 or on VHF-FM chan- Ocean, from surface to bottom, within nel 16 (156.8 MHz). If permission is a 2,000 yard radius of Diablo Canyon granted, all persons and vessels must comply with the instructions of the Nuclear Power Plant centered at posi- Captain of the Port or his or her des- tion 35°12′23″ N, 120°51′23″ W. [Datum: ignated representative. NAD 83]. (3) Nothing in this section shall be (b) Regulations. (1) In accordance with construed as relieving the owner or the general regulations in § 165.33 of person in charge of any vessel from this part, entry into or remaining in complying with the Navigation Rules this zone is prohibited unless author- as defined in 33 CFR chapter I, sub- ized by the Coast Guard Captain of the chapters D and E and safe navigation Port, Los Angeles-Long Beach, or his practice. or her designated representative. (2) Persons desiring to transit the [COTP Los Angeles-Long Beach 03–002, 70 FR area of the security zone may contact 30640, May 27, 2005] the Captain of the Port at telephone § 165.1157 Security Zone; Cruise Ships, number 1–800–221–8724 or on VHF-FM Santa Barbara, California. channel 16 (156.8 MHz). If permission is granted, all persons and vessels must (a) Location. The following areas are comply with the instructions of the security zones: All navigable waters, Captain of the Port or his or her des- from the surface to the sea floor within ignated representative. a 100-yard radius of any cruise ship lo- (c) Authority. In addition to 33 U.S.C. cated within 3 nautical miles of the 1231, the authority for this section in- Santa Barbara Harbor Breakwater cludes 33 U.S.C. 1226. Light (Light List Number 3750; 34–24– 17.364 N, 119–41–16.260W). [COTP Los Angeles-Long Beach 02–006, 67 FR (b) Definition. ‘‘Cruise ship’’ as used 77430, Dec. 18, 2002] in this section means any vessel, except for a ferry, over 100 feet in length, § 165.1156 Safety Zone; Offshore Ma- authorized to carry more than 12 pas- rine Terminal, El Segundo, CA. sengers for hire; making voyages last- (a) Location. The following area is a ing more than 24 hours, any part of safety zone: All waters of Santa which is on the high seas; and for Monica Bay, from surface to bottom, which passengers are embarked or dis- enclosed by a line beginning at latitude embarked in the U.S. or its territories. 33°54′59″ N, longitude 118°26′50″ W; then (c) Regulations. (1) Under general se- to latitude 33°54′59″ N, longitude curity zone regulations in subpart D, 118°27′34″ W; then to latitude 33°54′00″ N, entry into or remaining in the zones longitude 118°27′34″ W; then to latitude described in paragraph (a) of this sec- 33°54′00″ N, longitude 118°26′50″ W; then tion is prohibited unless authorized by to the point of beginning (NAD 1983). the Coast Guard Captain of the Port (b) Regulations. (1) In accordance with (COTP) Los Angeles—Long Beach (LA– the general regulations in § 165.23 of LB), or a designated representative of this part, entry into or movement COTP LA–LB. within this zone is prohibited except (2) Persons desiring to transit the for: area of the security zone may contact (i) Commercial vessels authorized to the COTP LA–LB at telephone number use the offshore marine terminal for 1–310–521–3801 or on VHF–FM channel 16 loading or unloading; (156.800 MHz) to seek permission to

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transit the area. If permission is grant- tiously and continuously transit the ed, all persons and vessels must comply regulated navigation area via the most with the instructions of the Captain of direct route consistent with naviga- the Port, or his designated representa- tional safety. tive. (2) During periods of vessels congestion within the Copper Canyon area, as [USCG–2011–0906, 77 FR 65623, Oct. 30, 2012] determined by the Captain of the Port § 165.1171 Copper Canyon, Lake or his or her designated on-scene rep- Havasu, Colorado River—Regulated resentative, the regulated navigation Navigation Area. area will be closed to all vessels, with (a) Location. The following is a regu- the exception of patrol vessels. During lated navigation area: designated closure periods, no vessel (1) In the water area of Copper Can- may enter, remain in, or transit yon, Lake Havasu, Colorado River, be- through the regulated navigation area, ginning at the approximate center of with the exception of patrol vessels. the mouth of Copper Canyon and draw- Designation of periods of vessel conges- ing a line down the approximate center tion and announcement of the closure of the canyon extending shoreward to of the regulated navigation area will be the end of the navigable waters of the conducted by broadcast notices to canyon, and comprising a semi-rectan- mariners on VHF-FM Channel 16 no gular area extending 30 feet on each less frequently than every hour for the side of the line, for a total semi-rectan- duration of the closure period. gular width of 60 feet. (3) Each person in the regulated navi- (2) This line is more precisely de- gation area shall comply with the di- scribed as: beginning at latitude rections of the Captain of the Port or 34°25′67.6″ N, longitude 114°18′38.5″ W, his or her designated on-scene rep- thence southwesterly to latitude resentative regarding vessel operation. 34°25′64″ N, longitude 114°18′45.7″ W, [CGD11–97–010, 63 FR 38308, July 16, 1998. Re- thence northwesterly to latitude designated by USCG–2001–9286, 66 FR 33642, 34°25′65.6″ N, longitude 114°18′46.7″ W, June 25, 2001] thence southeasterly to latitude 34°25′60.7″ N, longitude 114°18′42.7″ W, § 165.1181 San Francisco Bay Region, California—regulated navigation thence southwesterly to longitude area. 34°25′51.4″ N, latitude 114°18′46.2″ W, thence southeasterly to latitude (a) Applicability. This section applies 34°25′47.1″ N, longitude 114°18′49.4″ W, to all vessels unless otherwise speci- thence to the end of the navigable fied. (b) The Captain of the waters of the canyon. Deviations. (b) Definitions. For the purposes of Port, San Francisco Bay, or the Com- manding Officer, Vessel Traffic Service this section: (1) Vessel: Every description of San Francisco, as a representative of the Captain of the Port, may authorize watercraft, used or capable of being a deviation from the requirements of used as a means of transportation on this regulation when it is deemed nec- the water, and regardless of mode of essary in the interests of safety. power. (c) Regulated Navigation Areas—(1) (2) Patrol Vessel: Vessels designated San Francisco Bay RNA. (i) The fol- by the Captain of the Port, San Diego, lowing is a regulated navigation area— to enforce or assist in enforcing these The waters bounded by a line con- regulations, including Coast Guard, necting the following coordinates, be- Coast Guard Auxiliary, and San ginning at: Bernardino County Sheriff’s Depart- ment Vessels. 37°47′18″ N, 122°30′22″ W; thence to 37°48′55″ N, (c) Regulations. (1) Vessels, with the 122°31′41″ W; thence along the shoreline to exception of patrol vessels, shall not 37°50′38″ N, 122°28′37″ W; thence to 37°50′59″ N, ° ′ ″ ° ′ ″ ° ′ ″ anchor, moor, loiter in, or otherwise 122 28 00 W; thence to 37 51 45 N, 122 27 28 W; thence to 37°52′58″ N, 122°26′06″ W; thence to impede the transit of any other vessel 37°51′53″ N, 122°24′58″ W; thence to 37°51′53″ N, within the regulated navigation area. 122°24′00″ W; thence to 37°51′40″ N, 122°23′48″ W; Furthermore, all vessels, with the ex- thence to 37°49′22″ N, 122°23′48″ W; thence to ception of patrol vessels, shall expedi- 37°48′20″ N, 122°22′12″ W; thence to 37°47′02″ N,

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122°21′33″ W; thence to 37°47′02″ N, 122°23′04″ W; tion Zone and a line connecting the fol- thence along the shoreline to the point of be- lowing coordinates, beginning at: ginning. 37°48′41″ N, 122°25′17″ W; thence to 37°48′50″ N, Datum: NAD 83 122°26′14″ W; thence to 37°48′52″ N, 122°27′49″ W. (ii) The San Francisco Bay RNA con- Datum: NAD 83 sists 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: 37°47′50″ N, 122°30′48″ W; thence to 37°48′30″ N, Datum: NAD 83 122°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 coordi- (3) Golden Gate Separation Zone: The nates, beginning at: 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 (B) Golden Gate Precautionary Area: the following coordinates, beginning An area bounded by a line connecting at: 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 122°28′45″ W; thence to 37°49′03″ N, 122°29′52″ W; 37°49′22″ N, 122°23′48″ W; thence to 37°48′20″ N, thence returning to the point of beginning. 122°22′12″ W; thence to 37°47′02″ N, 122°21′33″ W; thence to 37°47′02″ N, 122°23′04″ W; thence re- Datum: NAD 83 turning along the shoreline to the point of beginning. (C) Central Bay Traffic Lanes—(1) Westbound traffic lane: Bounded by the Datum: NAD 83 Central Bay precautionary area and the Golden Gate precautionary area, (2) North Ship Channel RNA. The fol- between the Central Bay and the Deep lowing is a regulated navigation area— Water Traffic Lane separation zones. The waters bounded by a line con- (2) Eastbound traffic lane: Bounded by necting the following coordinates, be- the Golden Gate precautionary area ginning at: and the Central Bay precautionary 37°51′53″ N, 122°24′58″ W; thence to 37°54′15″ N, area, between the Central Bay Separa- 122°27′27″ W; thence to 37°56′06″ N, 122°26′49″ W;

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

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the RNAs defined in paragraph (c) of therein if such entry would result in this regulation shall comply with Rule meeting, crossing, or overtaking the 9 of the Inland Navigation Rules (INRs) other vessel, when either vessel is: (33 U.S.C. 2009) in conjunction with the (A) Carrying certain dangerous car- provisions of the associated INRs. goes (as denoted in § 160.203 of this sub- (e) Specific Regulations—(1) San Fran- chapter); cisco Bay RNA: (i) A vessel shall navi- (B) Carrying bulk petroleum prod- gate with particular caution in a pre- ucts; or cautionary area, or in areas near the (C) A tank vessel in ballast. terminations of traffic lanes or chan- (iii) Vessels permitted to use this nels, as described in this regulation. channel shall proceed at a reasonable (ii) A power-driven vessel of 1600 or speed so as not to endanger other ves- more gross tons, or a tug with a tow of sels or interfere with any work which 1600 or more gross tons, shall: may become necessary in maintaining, (A) Use the appropriate traffic lane surveying, or buoying the channel, and and proceed in the general direction of they shall not anchor in the channel traffic flow for that lane; except in case of a deviation authorized (B) Use the Central Bay Deep Water under paragraph (b) of this section. Traffic Lane if eastbound with a draft (iv) This paragraph shall not be con- of 45 feet or greater or westbound with strued as prohibiting any necessary use a draft of 28 feet or greater; of the channel by any public vessels (C) Not enter the Central Bay Deep while engaged in official duties, or in Water Traffic Lane when another emergencies by pilot boats. power-driven vessel of 1600 or more (3) Benicia-Martinez Railroad Draw- gross tons or tug with a tow of 1600 or bridge Regulated Navigation Area more gross tons is navigating therein (RNA)—(i) Eastbound vessels: (A) The when either vessel is: master, pilot, or person directing the (1) Carrying certain dangerous car- movement of a power-driven vessel of goes (as denoted in section 160.203 of 1600 or more gross tons or a tug with a this subchapter); 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 (F) Not cross a traffic lane separation more gross tons or a tug with a tow of zone unless crossing, joining, or leav- 1600 or more gross tons traveling west- ing a traffic lane. bound and intending to transit under (2) Pinole Shoal Channel RNA: (i) A the lift span (centered at coordinates vessel less than 1600 gross tons or a tug 38°02′18″ N, 122°07′17″ W) of the railroad with a tow of less than 1600 gross tons bridge across Carquinez Strait at mile is not permitted within this RNA. 7.0 shall, immediately after entering (ii) A power-driven vessel of 1600 or the RNA determine whether the visi- more gross tons or a tug with a tow of bility around the lift span is 1⁄2 nau- 1600 or more gross tons shall not enter tical mile or greater. Pinole Shoal Channel RNA when an- (B) If the visibility is less than 1⁄2 other power-driven vessel of 1600 or nautical mile, the vessel shall not pass more gross tons or tug with a tow of beyond longitude line 121°55′19″ W (co- 1600 or more gross tons is navigating inciding with the charted position of

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the westernmost end of Mallard Island) San Francisco Main Ship Channel until the visibility improves to greater buoys 7 and 8 (LLNR 4190 & 4195, posi- than 1⁄2 nautical mile around the lift tions 37°46.9′ N, 122°35.4′ W & 37°46.5′ N, span. 122°35.2′ W, respectively) until safely (C) If after entering the RNA visi- moored at the Weapons Support Facil- bility around the lift span subse- ity Seal Beach Detachment Concord on 1 quently becomes less than ⁄2 nautical Suisun Bay (position 38°03.3′ N, 122°02.5′ mile, the master, pilot, or person di- W). All coordinates referenced use recting the movement of the vessel ei- datum: NAD 1983. ther shall not transit under the lift span or shall request a deviation from (2) All waters within 100 yards of such the requirements of the RNA as pre- vessels described in paragraph (a)(1) of scribed in paragraph (b) of this section. this section while such vessels are con- (D) Vessels that are moored or an- ducting cargo operations at the Weap- chored within the RNA with the intent ons Support Facility Seal Beach De- to transit under the lift span shall re- tachment Concord. main moored or anchored until visi- (b) Notification. Commander, Elev- bility around the lift span becomes enth Coast Guard District, will cause greater than 1⁄2 nautical mile. notice of the activation of this safety/ (4) Southampton Shoal/Richmond Har- security zone to be made by all appro- bor RNA: A power-driven vessel of 1600 priate means to effect the widest pub- or more gross tons, or a tug with a tow licity among the affected segments of of 1600 or more gross tons, shall not the public, including publication in the enter Southampton Shoal/Richmond FEDERAL REGISTER as practicable, in Harbor RNA when another power-driv- accordance with the provisions of 33 en vessel of 1600 or more gross tons, or CFR 165.7(a); such means of announce- a tug with a tow of 1600 or more gross ment may include, but are not limited tons, is navigating therein, if such entry would result in meeting, cross- to, Broadcast Notice to Mariners. The ing, or overtaking the other vessel. Coast Guard will issue a Broadcast No- (5) Oakland Harbor RNA: A power- tice to Mariners notifying the public driven vessel of 1600 or more gross tons when nuclear materials cargo handling or a tug with a tow of 1600 or more has been completed. gross tons shall not enter the Oakland (c) Effective Period. The safety/secu- Harbor RNA when another power-driv- rity zone will be effective commencing en vessel of 1600 or more gross tons, or at the time any vessel described in a tug with a tow of 1600 or more gross paragraph (a)(1) of this section enters tons, is navigating therein, if such the zone described in paragraph (a)(1) entry would result in meeting, cross- of this section and will remain in effect ing, or overtaking the other vessel. until all spent nuclear materials cargo [CGD11–94–007, 60 FR 16796, Apr. 3, 1995; 60 FR handling operations have been com- 30157, June 7, 1995. Redesignated by USCG– pleted at Weapons Support Facility 2001–9286, 66 FR 33642, June 25, 2001, as Seal Beach Detachment Concord. amended by USCG–2003–15404, 68 FR 37741, (d) Regulations. The general regula- June 25, 2003; CGD11–03–001, 69 FR 2843, Jan. 21, 2004] tions governing safety and security zones contained in both 33 CFR 165.23 § 165.1182 Safety/Security Zone: San in 33 CFR 165.33 apply. Entry into, Francisco Bay, San Pablo Bay, transit through, or anchoring within Carquinez Strait, and Suisun Bay, this moving safety/security zone is pro- CA. hibited unless authorized by Com- (a) Regulated area. The following area mander, Eleventh Coast Guard Dis- is established as a moving safety/secu- trict, or his designated representative. rity zone: (1) All waters 200 yards ahead and [CGD11–98–005, 63 FR 38754, July 20, 1998. Re- astern and 100 yards to each side of designated by USCG–2001–9286, 66 FR 33642, every vessel transporting nuclear ma- June 25, 2001] terials on behalf of the United States Department of Energy while such vessels transit from a line drawn between

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§ 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. (3) Humboldt Bay. All waters, extend- embarked or disembarked in the U.S. ing from the surface to the sea floor, or its territories. Cruise ships do not within 500 yards (457 meters) ahead, include ferries that hold Coast Guard astern and extending along either side Certificates of Inspection endorsed for of a tanker, cruise ship, or HVA under- ‘‘Lakes, Bays and Sounds’’ that transit way (100 yards when anchored or international waters for only short pe- moored) within the Humboldt Bay area riods of time on frequent schedules. shoreward of a 4 nautical mile radius (2) High Value Asset means any waterline drawn to the west of the Humboldt side asset of high value including mili- Bay Entrance Lighted Whistle Buoy tary and commercial vessels, or com- HB (LLNR 8130) in position 40°46.25′ N, mercial vessels carrying CDC as de- 124°16.13′ W. fined in 33 CFR 160.204, deemed by the (c) Regulations. (1) In accordance with Captain of Port, or higher authority, as the general regulations in § 165.33 of requiring protection based upon risk this part, entry into or remaining in assessment analysis and is therefore this zone is prohibited unless author- escorted by the Coast Guard or other ized by the Coast Guard Captain of the law enforcement vessel with an em- Port, San Francisco Bay, or a des- barked Coast Guard commissioned, ignated representative. warrant, or petty officer. (2) Mariners requesting permission to (3) Tanker means any self-propelled transit through the security zone may tank vessel constructed or adapted pri- request authorization to do so from the marily to carry oil or hazardous mate- Patrol Commander (PATCOM). The rials in bulk in the cargo spaces. PATCOM may be contacted on VHF– (4) Designated representative means FM Channel 16. any commissioned, warrant, and petty (3) All persons and vessels shall com- officers of the Coast Guard on board ply with the instructions of the Cap- Coast Guard, Coast Guard Auxiliary, tain of the Port or the designated rep- and local, State and Federal law en- resentative. forcement vessels who have been au- (4) Upon being hailed by U.S. Coast thorized to act on the behalf of the Guard patrol personnel by siren, radio, Captain of the Port. flashing light, or other means, the op- (b) Locations. erator of a vessel shall proceed as di- (1) San Francisco Bay. All waters, ex- rected. tending from the surface to the sea (5) The Coast Guard may be assisted floor, within 500 yards (457 meters) by other Federal, State, or local agen- ahead, astern and extending along ei- cies. ther side of a tanker, cruise ship, or [USCG–2010–1004, 76 FR 20845, Apr. 14, 2011] HVA underway (100 yards when anchored or moored) within the San § 165.1184 Safety Zone; Coast Guard Francisco Bay and areas shoreward of Use of Force Training Exercises, the line drawn between San Francisco San Pablo Bay, CA. Main Ship Channel buoys 7 and 8(LLNR (a) Location. This safety zone will 4190 & 4195) in positions 37°46.9′ N, apply to the navigable waters in the 122°35.4′ W and 37°46.5′ N, 122°35.2′ W, re- San Pablo Bay, and will encompass an spectively. area beginning at position 38°01′44″ N,

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122°27′06″ W; 38°04′36″ N, 122°22′06″ W; § 165.1185 Regulated Navigation Area; 38°00′35″ N, 122°26′07″ W; 38°03′00″ N, San Francisco Bay, San Pablo Bay, 122°20′20″ W (NAD 83) and back to the Carquinez Strait, Suisun Bay, Sac- starting point. ramento River, San Joaquin River, and connecting waters in Cali- (b) Enforcement. The Coast Guard will fornia. notify the public via a Broadcast No- tice to Mariners prior to the activation (a) Location. All waters of San Fran- of this safety zone. The safety zone will cisco Bay, San Pablo Bay, Carquinez be activated on average two times per Strait, Suisun Bay, Sacramento River, month, but could be activated up to six San Joaquin River, and connecting times per month. It will be in effect for waters in California are a Regulated Navigation Area. approximately three hours from 9 a.m. to 11:59 p.m. If the exercises conclude (b) Definitions. ‘‘Liquefied hazardous 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 persons, property, or the environment. vessel traffic, except as may be permitted by the COTP or the COTP’s des- [CGD11 04–001, 69 FR 30206, May 27, 2004] ignated representative. (3) Vessel operators desiring to enter § 165.1187 Security Zones; Golden Gate or operate within the safety zone must Bridge and the San Francisco-Oak- land Bay Bridge, San Francisco contact the COTP or the COTP’s rep- Bay, California. resentative to obtain permission to do so. Vessel operators given permission (a) Location. All waters extending to enter or operate in the safety zone from the surface to the sea floor, with- must comply with all directions given in 25 yards of all piers, abutments, to them by the COTP or the COTP’s fenders and pilings of the Golden Gate designated representative. Persons and Bridge and the San Francisco-Oakland Bay Bridge, in San Francisco Bay, vessels may request permission to California. enter the safety zone on VHF–16 or the 24-hour Command Center via telephone (b) Regulations. (1) In accordance with the general regulations in § 165.33 of at (415) 399–3547. this part, entry into these security [USCG–2009–0324, 76 FR 25550, May 5, 2011] zones is prohibited, unless doing so is

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necessary for safe navigation, to con- 122°15′07.22″ W; thence closely paral- duct official business such as scheduled leling the edge of the charted naviga- maintenance or retrofit operations, or tion channel to latitude 37°46′46.75″ N unless specifically authorized by the and longitude 122°15′00.21″ W; thence Captain of the Port San Francisco Bay closely paralleling the edge of the or his designated representative. charted navigation channel to a point (2) Persons desiring to transit the approximately 20 yards into the area of the security zone may contact charted navigation channel at latitude the Captain of the Port at telephone 37°46′42.36″ N and longitude 122°14′51.55″ number 415–399–3547 or on VHF-FM W; thence to a point on land approxi- channel 16 (156.8 MHz) to seek permis- mately 50 yards southeast of the south- sion to transit the area. If permission eastern end of the Coast Guard Island is granted, all persons and vessels must Pier at latitude 37°46′44.80″ N and lon- comply with the instructions of the gitude 122°14′48.80″ W; thence northwest Captain of the Port or his or her des- along the shoreline back to the begin- ignated representative. ning point. (c) Enforcement. All persons and ves- (b) Regulations. (1) Under § 165.33, sels shall comply with the instructions entry into or remaining in this zone is of the Coast Guard Captain of the Port prohibited unless authorized by the or the designated on-scene patrol per- Coast Guard Captain of the Port, San sonnel. Patrol personnel comprise com- Francisco Bay, or his designated rep- missioned, warrant, and petty officers resentative. of the Coast Guard onboard Coast (2) Persons desiring to transit the Guard, Coast Guard Auxiliary, local, area of the security zone may contact state, and federal law enforcement ves- the Captain of the Port at telephone sels. Upon being hailed by U.S. Coast number 415–399–3547 or on VHF-FM Guard patrol personnel by siren, radio, channel 16 (156.8 MHz) to seek permis- flashing light, or other means, the op- sion to transit the area. If permission erator of a vessel shall proceed as di- is granted, all persons and vessels must rected. comply with the instructions of the [COTP San Francisco Bay 03–029, 69 FR 11316, Captain of the Port or his designated Mar. 10, 2004] representative. (c) Enforcement. The Captain of the § 165.1190 Security Zone; San Fran- Port will enforce this security zone and cisco Bay, Oakland Estuary, Ala- may be assisted in the patrol and en- meda, CA. forcement of this security zone by any (a) Location. The following area is a Federal, State, county, municipal, or security zone: All navigable waters of private agency. the Oakland Estuary, California, from [COTP San Francisco Bay 05–006, 70 FR 48874, the surface to the sea floor, approxi- Aug. 22, 2005] mately 50 yards into the Oakland Estu- ary surrounding the Coast Guard Island § 165.1191 Northern California and Pier. The perimeter of the security Lake Tahoe Area Annual Fireworks zone follows the same perimeter as the Events. floating security barrier installed (a) General. Safety zones are estab- around the Coast Guard Island pier. lished for the events listed in Table 1 of The perimeter of the security barrier is this section. Further information on located along the following coordi- exact dates, times, and other details nates: commencing at a point on land concerning the exact geographical de- approximately 50 yards northwest of scription of the areas are published by the northwestern end of the Coast the Eleventh Coast Guard District in Guard Island Pier at latitude the Local Notice to Mariners at least 37°46′53.60″ N and longitude 122°15′06.10″ 20 days prior to the event. W; thence to the edge of the navigable (b) Regulations. All persons and ves- channel at latitude 37°46′51.83″ N and sels not registered with the sponsor as longitude 122°15′07.47″ W; thence to a participants or as official patrol ves- position approximately 10 yards into sels are considered spectators. The the charted navigation channel at lati- ‘‘official patrol’’ consists of any Coast tude 37°46′51.27″ N and longitude Guard; other Federal, state, or local

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law enforcement; and any public or nizant Coast Guard Sector Commander; sponsor-provided vessels assigned or will be a U.S. Coast Guard commis- approved by the cognizant Coast Guard sioned officer, warrant officer, or petty Sector Commander to patrol each officer to act as the Sector Com- event. mander’s official representative; and (1) No spectator shall anchor, block, will be located aboard the lead official loiter, nor impede the through transit patrol vessel. As the Sector Com- of participants or official patrol vessels mander’s representative, the PATCOM in the safety zone during all applicable may terminate the event any time it is effective dates and times unless cleared deemed necessary for the protection of to do so by or through an official pa- life and property. PATCOM may be trol vessel. reached on VHF–FM Channel 13 (2) When hailed and/or signaled by an official patrol vessel, any spectator lo- (156.65MHz) or 16 (156.8MHz) when re- cated within a safety zone during all quired, by the call sign ‘‘PATCOM’’. applicable effective dates and times (4) The Patrol Commander may, upon shall come to an immediate stop. request, allow the transit of commer- (3) The Patrol Commander cial vessels through the safety zone (PATCOM) is empowered to forbid and when it is safe to do so. control the movement of all vessels in (5) The Coast Guard may be assisted the safety zone. The Patrol Com- by other Federal, state, or local agen- mander shall be designated by the cog- cies.

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

1. San Francisco Giants Fireworks

Sponsor ...... San Francisco Giants Baseball Team. Event Description ...... Fireworks display in conjunction with baseball season home games. Date ...... All season home games at AT&T Park. Location ...... 700 feet off of Pier 48, San Francisco, CA. Regulated Area ...... 100-foot radius around the fireworks launch barge during the loading of pyrotechnics aboard the fireworks barge and during the transit of the fireworks barge from the loading location to the display location. Increases to a 700-foot radius upon commencement of the fireworks display.

2. KFOG KaBoom

Sponsor ...... KFOG Radio, San Francisco, CA. Event Description ...... Fireworks Display. Date ...... Second or Third Saturday in May. Location ...... 1,200 feet off Candlestick Point, San Francisco, CA. Regulated Area ...... 100-foot radius around the fireworks launch barge during the loading of pyrotechnics aboard the fireworks barge and during the transit of the fireworks barge from the loading location to the display location. Increases to a 1,000-foot radius upon commencement of the fireworks display.

3. Fourth of July Fireworks, City of Eureka

Sponsor ...... City of Eureka, CA. Event Description ...... Fireworks Display. Date ...... July 4th. Location ...... Humboldt Bay, CA.

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

Regulated Area ...... 100-foot radius around the fireworks launch barge during the loading of pyrotechnics aboard the fireworks barge and during the transit of the fireworks barge from the loading location to the display location. Increases to a 1,000-foot radius upon commencement of the fireworks display.

4. Fourth of July Fireworks, Crescent City

Sponsor ...... Crescent City, CA. Event Description ...... Fireworks Display. Date ...... July 4th. Location ...... Crescent City Harbor, Crescent City, CA. Regulated Area ...... Crescent City Harbor in the navigable waters within a 700-foot radius of the launch platform located on the West Jetty.

5. Pillar Point Harbor Fireworks

Sponsor ...... Various sponsors. Event Description ...... Fireworks Display. Date ...... July 4th. Location ...... Half Moon Bay, CA. Regulated Area ...... Pillar Point Harbor Beach.

6. Fourth of July Fireworks, Redwood City

Sponsor ...... Various Sponsors. Event Description ...... Fireworks Display. Date ...... July 4th. Location ...... Redwood City, CA. Regulated Area ...... 600-foot radius around the fireworks launch platform located on the pier at the Port of Redwood City.

7. San Francisco Independence Day Fireworks

Sponsor ...... The City of San Francisco. Event Description ...... Fireworks Display. Date ...... July 4th. Location 1 ...... A barge located approximately 1000 feet off San Francisco Pier 39 at approximately 37°48′49″ N, 122°24′46″ W. Location 2 ...... Land based launch at the end of the San Francisco Municipal Pier at Aquatic Park at approximately 37°48′38″ N, 122°25′28″ W. Regulated Area 1 ...... 1. 100-foot radius around the fireworks barge during the loading, transit, setup, and until the commencement of the scheduled display. Increases to a 1,000-foot radius upon commencement of the fireworks display. Regulated Area 2 ...... 2. The area of navigable waters within a 1,000-foot radius of the launch platform located on the Municipal Pier.

8. Fourth of July Fireworks, Berkeley Marina

Sponsor ...... Berkeley Marina. Event Description ...... Fireworks Display. Date ...... July 4th. Location ...... Berkeley Pier, Berkeley, CA. Regulated Area ...... The area of navigable waters within a 1,000-foot radius of the launch platform located on the Berkeley Pier.

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

9. Fourth of July Fireworks, City of Richmond

Sponsor ...... City of Richmond. Event Description ...... Fireworks Display. Date ...... Week of July 4th. Location ...... Richmond Harbor, Richmond, CA. Regulated Area ...... The area of navigable waters within a 560-foot radius of the launch platform located at Lucretia Edwards Park.

10. 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, CA waterfront, north of Spinnaker Restaurant. Regulated Area ...... 100-foot radius around the fireworks launch barge during the loading of pyrotechnics aboard the fireworks barge and during the transit of the fireworks barge from the loading location to the display location. Increases to a 1,000-foot radius upon commencement of the fireworks display.

11. Fourth of July Fireworks, City of Martinez

Sponsor ...... City of Martinez. Event Description ...... Fireworks Display. Date ...... July 4th. Location ...... Carquinez Strait, CA Regulated Area ...... The area of navigable waters within a 560-foot radius of the launch platform located near Waterfront Park.

12. Fourth of July Fireworks, City of Antioch

Sponsor ...... City of Antioch. Event Description ...... Fireworks Display. Date ...... July 4th. Location ...... San Joaquin River, CA. Regulated Area ...... 100-foot radius around the fireworks launch barge during the loading of pyrotechnics aboard the fireworks barge and during the transit of the fireworks barge from the loading location to the display location. Increases to a 1,000-foot radius upon commencement of the moving fireworks display.

13. Fourth of July Fireworks, City of Pittsburg

Sponsor ...... City of Pittsburg. Event Description ...... Fireworks Display. Date ...... July 4th. Location ...... Suisun Bay, CA. Regulated Area ...... The area of navigable waters within a 560-foot radius of the launch platform located on a Pittsburg Marina Pier.

14. Delta Independence Day Celebration Fireworks

Sponsor ...... Various Sponsors. Event Description ...... Fireworks Display. Date ...... Week of July 4th.

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

Location ...... San Joaquin River, near Mandeville Island, CA. Regulated Area ...... 100-foot radius around the fireworks launch barge during the loading of pyrotechnics aboard the fireworks barge and during the transit of the fireworks barge from the loading location to the display location. Increases to a 1,000-foot radius upon commencement of the fireworks display.

15. Fourth of July Fireworks, Tahoe City, CA

Sponsor ...... Various Sponsors. Event Description ...... Fireworks Display. Date ...... July 4th. Location ...... Off-shore from Common Beach, Tahoe City, CA. Regulated Area ...... 100-foot radius around the fireworks launch barge during the loading of pyrotechnics aboard the fireworks barge and during the transit of the fireworks barge from the loading location to the display location. Increases to a 1,000-foot radius upon commencement of the fireworks display.

16. Fourth of July Fireworks, Glenbrook NV

Sponsor ...... Various Sponsors. Event Description ...... Fireworks Display. Date ...... July 4th. Location ...... Off-shore Glenbrook Beach, NV. Regulated Area ...... 100-foot radius around the fireworks launch barge during the loading of pyrotechnics aboard the fireworks barge and during the transit of the fireworks barge from the loading location to the display location. Increases to a 1,000-foot radius upon commencement of the fireworks display.

17. Independence Day Fireworks, Kings Beach, CA

Sponsor ...... North Tahoe Business Association. Event Description ...... Fireworks Display. Date ...... Week of July 4th. Location ...... Off-shore from Kings Beach, CA. Regulated Area ...... 100-foot radius around the fireworks launch barge during the loading of pyrotechnics aboard the fireworks barge and during the transit of the fireworks barge from the loading location to the display location. Increases to a 1,000-foot radius upon commencement of the fireworks display.

18. Lights on the Lake Fourth of July Fireworks, South Lake Tahoe, CA

Sponsor ...... Various Sponsors. Event Description ...... Fireworks Display. Date ...... Week of July 4th. Location ...... Off South Lake Tahoe, CA near the NV Border. Regulated Area ...... 100-foot radius around the fireworks launch barge during the loading of pyrotechnics aboard the fireworks barge and during the transit of the fireworks barge from the loading location to the display location. Increases to a 1,000-foot radius upon commencement of the fireworks display.

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

19. Red, White, and Tahoe Blue Fireworks, Incline Village, NV

Sponsor ...... Various Sponsors. Event Description ...... Fireworks Display. Date ...... Week of July 4th. Location ...... 500–1,000 feet off Incline Village, NV in Crystal Bay. Regulated Area ...... 100-foot radius around the fireworks launch barge during the loading of pyrotechnics aboard the fireworks barge and during the transit of the fireworks barge from the loading location to the display location. Increases to a 1,000-foot radius upon commencement of the fireworks display.

20. Labor Day Fireworks, South Lake Tahoe, CA

Sponsor ...... Various Sponsors. Event Description ...... Fireworks Display. Date ...... Labor Day. Location ...... Off South Lake Tahoe, California near the Nevada Border. Regulated Area ...... 100-foot radius around the fireworks launch barge during the loading of pyrotechnics aboard the fireworks barge and during the transit of the fireworks barge from the loading location to the display location. Increases to a 1,000-foot radius upon commencement of the fireworks display.

21. Fleet Week Fireworks

Sponsor ...... Various Sponsors. Event Description ...... Fireworks Display. Date ...... Second Friday and Saturday in October. Location ...... 1,000 feet off Pier 3, San Francisco, CA. Regulated Area ...... 100-foot radius around the fireworks launch barge during the loading of pyrotechnics aboard the fireworks barge and during the transit of the fireworks barge from the loading location to the display location. Increases to a 1,000-foot radius upon commencement of the fireworks display.

22. Monte Foundation Fireworks

Sponsor ...... Monte Foundation Fireworks. Event Description ...... Fireworks Display. Date ...... Second Saturday in October. Location ...... Sea Cliff State Beach Pier in Aptos, CA. Regulated Area ...... 1,000-foot safety zone around the navigable waters of the Sea Cliff State Beach Pier.

23. Rio Vista Bass Derby Fireworks

Sponsor ...... Rio Vista Chamber of Commerce. Event Description ...... Fireworks Display. Date ...... Second Saturday in October. Location ...... 500 feet off Rio Vista, CA waterfront. Regulated Area ...... 100-foot radius around the fireworks launch barge during the loading of pyrotechnics aboard the fireworks barge and during the transit of the fireworks barge from the loading location to the display location. Increases to a 1,000-foot radius upon commencement of the fireworks display.

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

24. San Francisco New Years Eve Fireworks

Sponsor ...... City of San Francisco. Event Description ...... Fireworks Display. Date ...... New Years Eve, December 31st. Location ...... 1,000 feet off the Embarcadero near the Ferry Plaza, San Francisco, CA. Regulated Area ...... 100-foot radius around the fireworks launch barge during the loading of pyrotechnics aboard the fireworks barge and during the transit of the fireworks barge from the loading location to the display location. Increases to a 1,000-foot radius upon commencement of the fireworks display.

25. Sacramento New Years Eve Fireworks

Sponsor ...... Various Sponsors. Event Description ...... Fireworks Display. Date ...... New Years Eve, December 31st. Location ...... Near Tower Bridge, Sacramento River. Regulated Area ...... The navigable waters of the Sacramento River within 700 feet of the two shore-based launch locations in approximate positions 38°34′48″ N, 121°30′38″ W and 38°34′49″ N, 121°30′29″ W.

26. Jameson Beach Fourth of July Fireworks

Sponsor ...... Various Sponsors Event Description ...... Fireworks Display. Date ...... Week of July 4th. Location ...... South Lake Tahoe near Jameson Beach. Regulated Area ...... 100-foot radius around the fireworks barge during the loading, transit, setup, and until the commencement of the scheduled display. In- creases to a 560-foot radius upon commencement of the fireworks display.

27. Feast of Lanterns Fireworks

Sponsor ...... Feast of Lanterns, Inc. Event Description ...... Fireworks Display. Date ...... Last Saturday of July. Location ...... Near Lover’s Point Park in Pacific Grove, CA. Regulated Area ...... The area of navigable waters within a 490-foot radius of the launch platform located on the beach near Lover’s Point Park in approximate position 36°37′26″ N, 121°54′54″ W.

[USCG–2009–0559, 76 FR 50675, Aug. 16, 2011, as amended by USCG–2013–0362, 79 FR 9093, Feb. 18, 2014]

§ 165.1192 Security Zones; Waters sur- (1) San Francisco International Airport rounding San Francisco Inter- Security Zone. This security zone in- national Airport and Oakland Inter- cludes all waters extending from the national Airport, San Francisco surface to the sea floor within approxi- Bay, California. mately 200 yards seaward from the (a) Locations. The following areas are shoreline of the San Francisco Inter- security zones: national Airport and encompasses all waters in San Francisco Bay within a

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line connecting the following geo- (c) Enforcement. All persons and ves- graphical positions— sels shall comply with the instructions of the Coast Guard Captain of the Port Latitude Longitude or the designated on-scene patrol per- 37°36′19″ N 122°22′36″ W sonnel. Patrol personnel comprise com- 37°36′45″ N 122°122′18″ W missioned, warrant, and petty officers 37°36′26″ N 122°21′30″ W of the Coast Guard onboard Coast 37°36′31″ N 122°21′21″ W 37°36′17″ N 122°20′45″ W Guard, Coast Guard Auxiliary, local, 37°36′37″ N 122°20′40″ W state, and federal law enforcement ves- 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 37°37′39″ N 122°21′44″ W flashing light, or other means, the op- 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 Regulations, Section 1.01–30 and 3.55–20. 37°43′34″ N 122°15′12″ W 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 Sector Commander means the Com- 37°41′53″ N 122°12′44″ W 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 Hazardous material means any of the ° ′ ″ ° ′ ″ 37 42 08 N 122 12 32 W materials or substances listed in 46 37°42′35″ N 122°12′30″ W 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 au- troleum, fuel oil, sludge, oil refuse, and thorized by the Coast Guard Captain of oil mixed with wastes other than the Port, San Francisco Bay, or his dredged spoil. designated representative. Station means Coast Guard Station (2) Persons desiring to transit the Humboldt Bay. area of a security zone may contact the Tank Vessel means any vessel that is Captain of the Port at telephone num- constructed or adapted to carry, or ber 415–399–3547 or on VHF-FM channel that carries, oil or hazardous material 16 (156.8 MHz) to seek permission to in bulk as cargo or cargo residue. transit the area. If permission is grant- (c) Applicability. These regulations ed, all persons and vessels must comply apply to the owners and operators of with the instructions of the Captain of tank vessels transporting oil or haz- the Port or his or her designated rep- ardous material as cargo within the resentative. Humboldt Bay Area.

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(d) Regulations. (1) In addition to the vessel master and must provide the fol- arrival and departure notification re- lowing: A description of the proposed quirements listed in title 33 CFR, part operation, the conditions for which the 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

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vessels shall comply with the instruc- Latitude Longitude tions of the Sector Commander or the 38°03′18.6″ N 122°15′45.2″ W designated on-scene patrol personnel. 38°03′04.0″ N 122°15′42.0″ W Patrol personnel comprise commissioned, warrant, and petty officers of and along the shoreline back to the be- the Coast Guard onboard Coast Guard, ginning point. Coast Guard Auxiliary, local, State, (3) Shell Terminal, Carquinez Strait. and Federal law enforcement vessels. This security zone includes all waters Upon being hailed by U.S. Coast extending from the surface to the sea Guard patrol personnel by siren, radio, floor within approximately 100 yards of flashing light, or other means, the op- the Shell Terminal, Martinez, CA, and erator of a vessel shall proceed as di- encompasses all waters in San Pablo rected. Bay within a line connecting the fol- [CGD11–05–006, 70 FR 49492, Aug. 24, 2005] lowing geographical positions—

§ 165.1197 Security Zones; San Fran- Latitude Longitude cisco Bay, San Pablo Bay, 38°01′39.8″ N 122°07′40.3″ W Carquinez Strait, Suisun Bay, Cali- 38°01′54.0″ N 122°07′43.0″ W fornia. 38°01′56.9″ N 122°07′37.9″ W 38°02′02.7″ N 122°07′42.6″ W (a) Locations. The following areas are 38°01′49.5″ N 122°08′08.7″ W security zones: 38°01′43.7″ N 122°08′04.2″ W (1) Chevron Long Wharf, San Francisco 38°01′50.1″ N 122°07′50.5″ W Bay. This security zone includes all 38°01′36.3″ N 122°07′47.6″ W waters extending from the surface to the sea floor within approximately 100 and along the shoreline back to the be- yards of the Chevron Long Wharf, ginning point. Richmond, CA, and encompasses all (4) Amorco Pier, Carquinez Strait. This waters in San Francisco Bay within a security zone includes all waters ex- line connecting the following geo- tending from the surface to the sea graphical positions— floor within approximately 100 yards of the Amorco Pier, Martinez, CA, and en- Latitude Longitude compasses all waters in the Carquinez 37°55′52.2″ N 122°24′04.7″ W Strait within a line connecting the fol- 37°55′41.8″ N 122°24′07.1″ W lowing geographical positions— 37°55′26.8″ N 122°24′35.9″ W 37°55′47.1″ N 122°24′55.5″ W Latitude Longitude 37°55′42.9″ N 122°25′03.5″ W 37°55′11.2″ N 122°24′32.8″ W 38°02′03.1″ N 122°07′11.9″ W 37°55′14.4″ N 122°24′27.5″ W 38°02′05.6″ N 122°07′18.9″ W 37°55′19.7″ N 122°24′23.7″ W 38°02′07.9″ N 122°07′14.9″ W 37°55′22.2″ N 122°24′26.2″ W 38°02′13.0″ N 122°07′19.4″ W 37°55′38.5″ N 122°23′56.9″ W 38°02′05.7″ N 122°07′35.9″ W 37°55′47.8″ N 122°23′53.3″ W 38°02′00.5″ N 122°07′31.1″ W 38°02′01.8″ N 122°07′27.3″ W 38°01′55.0″ N 122°07′11.0″ W and along the shoreline back to the beginning point. and along the shoreline back to the be- (2) Conoco-Phillips, San Pablo Bay. ginning point. This security zone includes all waters (5) Valero, Carquinez Strait. This secu- extending from the surface to the sea rity zone includes all waters extending floor within approximately 100 yards of from the surface to the sea floor within the Conoco-Phillips Wharf, Rodeo, CA, approximately 100 yards of the Valero and encompasses all waters in San Pier, Benicia, CA, and encompasses all Pablo Bay within a line connecting the waters in the Carquinez Strait within a following geographical positions— line connecting the following geo- Latitude Longitude graphical positions—

38°03′06.0″ N 122°15′32.4″ W Latitude Longitude 38°03′20.7″ N 122°15′35.8″ W 38°03′21.8″ N 122°15′29.8″ W 38°02′37.6″ N 122°07′51.5″ W 38°03′29.1″ N 122°15′31.8″ W 38°02′34.7″ N 122°07′48.9″ W 38°03′23.8″ N 122°15′55.8″ W 38°02′44.1″ N 122°07′34.9″ W 38°03′16.8″ N 122°15′53.2″ W 38°02′48.0″ N 122°07′37.9″ W

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Latitude Longitude picted in National Oceanic and Atmos- pheric Administration (NOAA) Chart ° ′ ″ ° ′ ″ 38 02 47.7 N 122 07 42.1 W 18656. Upon commencement of military onloads and offloads, the safety zone and along the shoreline back to the be- will encompass the navigable waters in ginning point. the area between 500 yards of MOTCO (6) Avon Pier, Suisun Bay. This secu- Pier 2 in position 38°03′30″ N, 122°01′14″ rity zone includes all waters extending W (NAD 83) as depicted in National from the surface to the sea floor within Oceanic and Atmospheric Administra- approximately 100 yards of the Avon tion (NOAA) Chart 18656 (the perimeter Pier, Martinez, CA, and encompasses all waters in Suisun Bay within a line of the existing security zone) and 3,000 connecting the following geographical yards of the pier. positions— (b) Enforcement period. The zone described in paragraph (a) of this section Latitude Longitude will be enforced during all military 38°02′24.6″ N 122°04′52.9″ W onload and offload operations. The Cap- 38°02′54.0″ N 122°05′19.5″ W tain of the Port San Francisco (COTP) 38°02′55.8″ N 122°05′16.1″ W will notify the maritime community of 38°03′02.1″ N 122°05′19.4″ W 38°02′55.1″ N 122°05′42.6″ W periods during which this zone will be 38°02′48.8″ N 122°05′39.2″ W enforced via actual notice on-scene 38°02′52.4″ N 122°05′27.7″ W during military onloads and offloads. ° ′ ″ ° ′ ″ 38 02 46.5 N 122 05 22.4 W (c) Regulations. (1) The safety zone is open to all persons and vessels for tran- and along the shoreline back to the be- sitory use. ginning point. (b) Regulations. (1) In accordance with (2) Persons and vessels operating the general regulations in § 165.33, within the safety zone may not anchor entry into the security zones described or otherwise loiter within the safety in paragraph (a) of this section is pro- zone. hibited, unless specifically authorized (3) Vessel operators desiring to an- by the Captain of the Port San Fran- chor or otherwise loiter within the cisco Bay, or his designated representa- safety zone must contact Sector San tive. Francisco Vessel Traffic Service at (2) Persons desiring to transit the (415) 556–2760 or VHF Channel 14 to ob- area of a security zone may contact the tain permission. Captain of the Port at telephone num- (4) All persons and vessels transiting ber 415–399–3547 or on VHF-FM channel through or operating within the safety 16 (156.8 MHz) to seek permission to zone must comply with all directions transit the area. If permission is grant- given to them by the COTP or a des- ed, all persons and vessels must comply ignated representative. with the instructions of the Captain of (5) The public can contact Sector San the Port or his designated representa- Francisco Bay at (415) 399–3530 to ob- tive. tain information concerning enforce- (c) Enforcement. The U.S. Coast Guard ment of this rule. may be assisted in the patrol and en- (d) Enforcement. All persons and ves- forcement of these security zones by sels must comply with the instructions federal, state and local law enforce- of the COTP or the designated on-scene ment as necessary. patrol personnel. Patrol personnel [COTP San Francisco Bay 05–007, 71 FR 12138, comprise commissioned, warrant, and Mar. 9, 2006] petty officers of the Coast Guard onboard Coast Guard, Coast Guard Auxil- § 165.1198 Safety zone; Military Ocean iary, local, state, and federal law en- Terminal Concord Safety Zone, forcement vessels. The U.S. Coast Suisun Bay, Military Ocean Ter- Guard may be assisted in the patrol minal Concord, CA. and enforcement of the safety zone by (a) Location. This safety zone is es- local law enforcement and the MOTCO tablished in the navigable waters of police as necessary. Upon being hailed Suisun Bay near Military Ocean Ter- by U.S. Coast Guard patrol personnel minal Concord, CA (MOTCO) as de- by siren, radio, flashing light, or other

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means, the operator of a vessel must erator of a vessel must proceed as di- proceed as directed. rected. (d) Notice of enforcement or suspension [USCG–2012–1008, 78 FR 5720, Jan. 28, 2013] of enforcement of security zone(s). The § 165.1199 Security Zones; Military COTP San Francisco Bay will cause no- Ocean Terminal Concord (MOTCO), tification of enforcement of the secu- Concord, California. rity zone(s) to be made by issuing a (a) Location. The security zone(s) en- Local Notice to Mariners and a Broad- compass the navigable waters of cast Notice to Mariners to inform the Suisun Bay, California, extending from affected segments of the public. During the surface to the sea floor, within 500 periods that the security zone(s) are yards of the three Military Ocean Ter- being enforced, Coast Guard patrol per- minal Concord (MOTCO) piers in Con- sonnel will notify mariners to keep out cord, California. of the security zone(s) as they ap- (b) Regulations. (1) The Captain of the proach the area. In addition, Coast Port (COTP) San Francisco Bay will Guard Sector San Francisco Bay main- enforce the security zone(s) established tains a telephone line that is main- by this section during military onload tained 24 hours a day, 7 days a week. or offload operations only upon notice. The public can contact Sector San Upon notice of enforcement by the Francisco Bay at (415) 399–3530 to ob- COTP, entering, transiting through or tain information concerning enforce- anchoring in the zone(s) is prohibited ment of this rule. When the security unless authorized by the COTP or his zone(s) are no longer needed, the COTP designated representative. Upon notice will cease enforcement of the security of suspension of enforcement by the zone(s) and issue a Broadcast Notice to COTP, all persons and vessels are Mariners to notify the public. Upon no- granted general permissions to enter, tice of suspension of enforcement, all transit, and exit the security zone(s). persons and vessels are granted general (2) If more than 1 pier is involved in permissions to enter, move within and onload or offload operations at the exit the security zone(s). same time, the 500-yard security zone for each involved pier will be enforced. [COTP San Francisco Bay 04–007, 70 FR 3301, Jan. 24, 2005] (3) Persons desiring to transit the area of a security zone may contact the TWELFTH COAST GUARD DISTRICT Patrol Commander on scene on VHF- FM channel 13 or 16 or the COTP at § 165.1201 Safety Zone; Old Mormon telephone number 415–399–3547 to seek Slough, Stockton California. permission to transit the area. If per- (a) General. This safety zone is estab- mission is granted, all persons and ves- lished to protect environmental reha- sels must comply with the instructions of the COTP or his designated rep- bilitation efforts and prevent vessels resentative. from disturbing the sediment cap at Old Mormon Slough. (c) Enforcement. All persons and vessels must comply with the instructions (b) Regulation. All vessels and per- of the Coast Guard Captain of the Port sonnel not associated with the EPA are or the designated on-scene patrol per- prohibited from entering into and sonnel. Patrol personnel comprise com- transiting Old Mormon Slough. Old missioned, warrant, and petty officers Mormon Slough is defined as all waters of the Coast Guard onboard Coast Eastward from the connection of co- Guard, Coast Guard Auxiliary, local, ordinates 37°57′02.13″ North, 121°18′49.55″ state, and federal law enforcement ves- West and 37°57′01.11″ North, 121°18′46.75″ sels. The U.S. Coast Guard may be as- West (NAD 83). sisted in the patrol and enforcement of (c) Each person in a safety zone who the security zones by local law enforce- has notice of a lawful order or direc- ment and the MOTCO police as nection shall obey the order or direction of essary. Upon being hailed by U.S. Coast the Captain of the Port (COTP) or Dis- Guard patrol personnel by siren, radio, trict Commander issued to carry out flashing light, or other means, the op- the purposes of this subpart.

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(d) The Coast Guard may be assisted (b) Regulation. In accordance with the in enforcing this rule by other Federal, general regulations in 33 CFR Part 165, state, or local agencies. Subpart C, no vessel operator may enter or remain in the safety zones [USCG–2013–0196, 78 FR 60220, Oct. 1, 2013] without the permission of the Captain THIRTEENTH COAST GUARD DISTRICT of the Port or Designated Representa- tive. The Captain of the Port may be § 165.T13–207 Safety Zones; Sellwood assisted by other Federal, state, or Bridge project, Willamette River; local agencies with the enforcement of Portland, OR. the safety zones. (a) Location. The safety zone on the (c) Authorization. All vessel operators western river bank encompasses all who desire to enter the safety zones waters of the Willamette River within must obtain permission from the Cap- the following four points: tain of the Port or Designated Rep- resentative by contacting the on-scene 45–27′53.5″ N 122–40′03.5″ W patrol craft. Vessel operators granted 45–27′53.5″ N 122–39′58.5″ W permission to enter the zones will be 45–27′49.5″ N 122–39′58.5″ W escorted by the on-scene patrol craft ′ ″ ′ ″ 45–27 49.5 N 122–40 04.5 W until they are outside of the safety (b) The safety zone on the eastern zones. river bank encompasses all waters of (d) Enforcement period. The safety the Willamette River within the fol- zones detailed in paragraph (a) of this lowing four points: section will be enforced from 12:01 a.m. on July 1, 2011 through 11:59 p.m. on 45–27′53.5″ N 122–39′50.5″ W October 30, 2014. 45–27′53.5″ N 122–39′55.0″ W 45–27′49.5″ N 122–39′55.0″ W EFFECTIVE DATE NOTE: By USCG–2011–1173, 45–27′49.5″ N 122–39′47.0″ W 77 FR 25082, Apr. 27, 2012, temporary § 165.T13– 209 was added, effective from Apr. 27, 2012 (c) Regulations. In accordance with until Oct. 31, 2014. the general regulations in 33 CFR Part 165, subpart C, no person may enter or § 165.T13–239 Safety Zone; Grain-Ship- remain in the safety zones created in ment Vessels and Grain-Shipment this section or bring, cause to be Assist Vessels, Columbia and Wil- brought, or allow to remain in the safe- lamette Rivers. ty zones created in this section any ve- (a) Definitions. As used in this sec- hicle, vessel, or object unless author- tion: ized by the Captain of the Port Colum- (1) Federal Law Enforcement Officer bia River or his designated representa- means any employee or agent of the tive. The Captain of the Port Columbia United States government who has the River may be assisted by other federal, authority to carry firearms and make state, or local agencies with the en- warrantless arrests and whose duties forcement of the safety zones. involve the enforcement of criminal (d) Enforcement period. The safety laws of the United States. zones created by this section will be in (2) Navigable waters of the United effect from 11 a.m. on July 1, 2012 States means those waters defined as through 11:00 p.m. on January 31, 2015. such in 33 CFR part 2. (3) Navigation Rules means the Inter- EFFECTIVE DATE NOTE: By USCG–2012–0131, 77 FR 38725, June 29, 2012, temporary national Regulations for Preventing § 165.T13–207 was added, effective from July 1, Collisions at Sea, 1972 (commonly 2012 until Jan. 31, 2015. called 72 COLREGS) and the Inland Navigation Rules published in 33 CFR § 165.T13–209 Safety Zones; TriMet part 83. Bridge Project, Willamette River; (4) Official Patrol means those persons Portland, OR. designated by the Captain of the Port (a) Location. The following are safety to monitor a vessel safety zone, permit zones: All waters within 100 feet of entry into the zone, give legally en- work trestles, in all directions, and forceable orders to persons or vessels within 140 feet, in all directions, of the within the zone and take other actions TriMet bridge construction cranes. authorized by the Captain of the Port.

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Federal Law Enforcement Officers au- (3) Within a maximum 200-yard ra- thorized to enforce this section are des- dius of grain-shipment vessels when an- ignated as the Official Patrol. chored, at any berth, moored, or in the (5) Public vessel means vessels owned, process of mooring on the Columbia chartered, or operated by the United and Willamette Rivers. States, or by a State or political sub- (c) Effective Period. This section is ef- division thereof. fective as to persons with actual notice (6) Grain-shipment vessel means any starting August 30, 2013. This rule is ef- vessel bound for or departing or having fective starting on its publication in previously loaded cargo at any of the the FEDERAL REGISTER September 18, following waterfront facilities: Colum- 2013 for purposes of 5 U.S.C. 552. This bia Grain in Portland, OR, United rule will be in effect until September Grain Corporation in Vancouver, WA, 18, 2015 and will be activated for en- Temco Irving in Portland, OR, Temco forcement as described in paragraph (d) Kalama in Kalama, WA, or Louis Drey- of this section. fus Commodities in Portland, OR. This (d) Notice of Enforcement. (1) The Sec- includes any vessel leaving anchor in tor Columbia River Captain of the Port the Columbia and Willamette Rivers will cause notice of the enforcement of that is bound for or had previously de- the grain-shipment and grain-shipment parted from the aforementioned water- assist vessels safety zone to be made by front facilities. all appropriate means to effect the widest publicity among the affected (7) Grain-shipment assist vessel means segments of the public as practicable, any vessel bound for or departing from in accordance with 33 CFR 165.7. This a grain-shipment vessel to assist it in notification of enforcement will iden- navigation during the movement of the tify the grain-shipment vessel by name grain-shipment vessel in the Columbia and IMO number and the grain-ship- and Willamette Rivers and their tribu- ment assist vessels by name. Such taries. This includes but is not limited means of notification may include, but to tugs, pilot boats, and launches. are not limited to, Broadcast Notices (8) Oregon Law Enforcement Officer to Mariners or Local Notices to Mari- means any Oregon Peace Officer as de- ners. The Sector Columbia River Cap- fined in Oregon Revised Statutes sec- tain of the Port will issue a Broadcast tion 161.015. Notice to Mariners or Local Notice to (9) Washington Law Enforcement Offi- Mariners notifying the public when en- cer means any General Authority forcement of the safety zone is sus- Washington Peace Officer, Limited Au- pended. thority Washington Peace Officer, or (2) Upon notice of enforcement by the Specially Commissioned Washington Sector Columbia River Captain of the Peace Officer as defined in Revised Port, the Coast Guard will enforce the Code of Washington section 10.93.020. safety zone in accordance with rules (b) Location. The following areas are set out in this section. Upon notice of safety zones: All navigable waters of suspension of enforcement by the Sec- the United States within the Sector tor Columbia River Captain of the Columbia River Captain of the Port Port, all persons and vessels are au- Zone, extending from the surface to the thorized to enter, transit, and exit the sea floor, that are: safety zone, consistent with the Navi- (1) Not more than 500 yards ahead of gation Rules. grain-shipment vessels and 200 yards (e) Regulation. (1) In accordance with abeam and astern of grain-shipment the general regulations in § 165.23 of vessels underway on the Columbia and this part, entry into or movement Willamette Rivers and their tribu- within these zones is prohibited unless taries. authorized by the Sector Columbia (2) Not more than 100 yards ahead of River Captain of the Port, the official grain-shipment assist vessels and 50 patrol, or other designated representa- yards abeam and astern of grain-ship- tives of the Captain of the Port. ment assist vessels underway on the (2) To request authorization to enter Columbia and Willamette Rivers and or operate within the safety zone con- their tributaries. tact the on-scene official patrol on

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VHF–FM channel 16 or 13, or the Sector vessel or class of vessels upon finding Columbia River Command Center at that operational conditions or other phone number (503) 861–6211. Authoriza- circumstances are such that application will be granted based on the neces- tion of this section is unnecessary or sity of access and consistent with safe impractical for the purpose of port navigation. safety or environmental safety. (3) Vessels authorized to enter or op- EFFECTIVE DATE NOTE: By USCG–2013–0010, erate within the safety zone shall oper- 78 FR 57263, Sept. 18, 2013, temporary ate at the minimum speed necessary to § 165.T13–239 was revised, effective from Sept. maintain a safe course and shall pro- 18, 2013, until Sept. 18, 2015. ceed as directed by the on-scene official patrol. The Navigation Rules shall § 165.T13–240 Safety Zones; Pacific apply at all times within the safety Northwest Grain Handlers Associa- zone. tion Facilities; Columbia and Wil- (4) Maneuver-restricted vessels. When lamette Rivers. conditions permit, the on-scene official (a) Definitions. As used in this sec- patrol, or a designated representative tion: of the Captain of the Port at the Sector (1) Federal Law Enforcement Officer Columbia River Command Center, means any employee or agent of the should: United States government who has the (i) Permit vessels constrained by authority to carry firearms and make their navigational draft or restricted in warrantless arrests and whose duties their ability to maneuver to enter or involve the enforcement of criminal operate within the safety zone in order laws of the United States. to ensure a safe passage in accordance (2) Navigable waters of the United with the Navigation Rules; and States means those waters defined as (ii) Permit commercial vessels an- such in 33 CFR part 2. chored in a designated anchorage area (3) Navigation Rules means the Inter- to remain at anchor within the safety national Regulations for Preventing zone; and Collisions at Sea, 1972 (commonly (iii) Permit vessels that must transit called 72 COLREGS) and the Inland via a navigable channel or waterway to Navigation Rules published in 33 CFR enter or operate within the safety zone Part 83. in order to do so. (4) Official Patrol means those persons (f) Exemption. Public vessels as de- designated by the Captain of the Port fined in paragraph (a) of this section to monitor a vessel safety zone, permit are exempt from complying with para- entry into the zone, give legally en- graph (e) of this section. forceable orders to persons or vessels (g) Enforcement. Any Coast Guard within the zone and take other actions commissioned, warrant, or petty offi- authorized by the Captain of the Port. cer may enforce the rules in this sec- Federal Law Enforcement Officers au- tion. In the navigable waters of the thorized to enforce this section are des- United States to which this section ap- ignated as the Official Patrol. plies, when immediate action is re- (5) Public vessel means vessels owned, quired and representatives of the Coast chartered, or operated by the United Guard are not present or are not States, or by a State or political sub- present in sufficient force to provide division thereof. effective enforcement of this section, (6) Grain-shipment vessel means any any Federal Law Enforcement Officer, vessel bound for, departing from, or Oregon Law Enforcement Officer, or having previously loaded cargo at any Washington Law Enforcement Officer of the following waterfront facilities: may enforce the rules contained in this Columbia Grain in Portland, OR, section pursuant to 46 U.S.C. 70118. In United Grain Corporation in Van- addition, the Captain of the Port may couver, WA, Temco Irving in Portland, be assisted by other federal, state, or OR, Temco Kalama in Kalama, WA, or local agencies in enforcing this section. Louis Dreyfus Commodities in Port- (h) Waiver. The Captain of the Port land, OR. This includes any vessel leav- Columbia River may waive any of the ing anchor in the Columbia and Wil- requirements of this section for any lamette Rivers that is bound for or had

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previously departed from the afore- Sector Columbia River Captain of the mentioned waterfront facilities. Port Zone enclosed by three lines and (7) Grain-shipment assist vessel means the shoreline: line one starting on the any vessel bound for or departing from shoreline at 45–59′10″ N/122–50′09″ W then a grain-shipment vessel to assist it in heading 150 yards offshore to 45–59′09″ navigation during the movement of the N/122–50′14″ W then heading up river 385 grain-shipment vessel in the Columbia yards to 45–58′58″ N/122–50′07″ W then and Willamette Rivers and their tribu- heading 150 yards to the shoreline end- taries. This includes but is not limited ing at 45–59′00″ N/122–50′01″ W. to tugs, pilot boats, and launches. (5) Louis Dreyfus Commodities. All nav- (8) Oregon Law Enforcement Officer igable waters of the United States means any Oregon Peace Officer as de- within the Sector Columbia River Cap- fined in Oregon Revised Statutes sec- tain of the Port Zone enclosed by three tion 161.015. lines and the shoreline: line one start- (9) Washington Law Enforcement Offi- ing on the shoreline at 45–31′49″ N/122– cer means any General Authority 40′15″ W then heading 70 yards offshore Washington Peace Officer, Limited Au- to 45–31′48″ N/122–40′17″ W then heading thority Washington Peace Officer, or up river 300 yards to 45–31′41″ N/122– Specially Commissioned Washington 40′09″ W then heading 100 yards to the Peace Officer as defined in Revised shoreline ending at 45–31′43″ N/122–40′06″ Code of Washington section 10.93.020 W. (b) Locations. The following areas are (c) Effective period. This section is ef- safety zones: fective without actual notice from No- (1) Columbia Grain. All navigable vember 27, 2013 until November 27, 2015 waters of the United States within the and will be activated for enforcement Sector Columbia River Captain of the as described in paragraph (d) of this Port Zone enclosed by three lines and section. Actual notice will be used the shoreline: line one starting on the from the date the rule was signed, Oc- shoreline at 45–38′34″ N/122–46′11″ W then tober 31, 2013, until November 27, 2013. heading 150 yards offshore to 45–38′37″ (d) Enforcement periods. The Sector N/122–46′16″ W then heading up river 380 Columbia River Captain of the Port yards to 45–38′30″ N/122–46′28″ W then will cause notice of the enforcement of heading 150 yards to the shoreline end- the grain facilities safety zones to be ing at 45–38′27″ N/122–46′24″ W. made by all appropriate means to ef- (2) United Grain Corporation. All navi- fect the widest publicity among the af- gable waters of the United States with- fected segments of the public as prac- in the Sector Columbia River Captain ticable, in accordance with 33 CFR of the Port Zone enclosed by three 165.7. Such means of notification may lines and the shoreline: line one start- include, but are not limited to, Broad- ing on the shoreline at 45–37′52″ N/122– cast Notices to Mariners or Local No- 41′46″ W then heading 150 yards offshore tices to Mariners. The Sector Columbia to 45–37′48″ N/122–41′50″ W then heading River Captain of the Port will issue a up river 470 yards to 45–37′40″ N/122– Broadcast Notice to Mariners notifying 41′34″ W then heading 175 yards to the the public when enforcement of the shoreline ending at 45–37′44″ N/122–41′29″ safety zone is suspended. Upon notice W. of enforcement by the Sector Columbia (3) Temco Portland. All navigable River Captain of the Port, the Coast waters of the United States within the Guard will enforce the safety zone in Sector Columbia River Captain of the accordance with the rules set out in Port Zone enclosed by three lines and this section. Upon notice of suspension the shoreline: line one starting on the of enforcement by the Sector Columbia shoreline at 45–32′10″ N/122–40′34″ W then River Captain of the Port, all persons heading 150 yards offshore to 45–32′09″ and vessels are authorized to enter, N/122–40′39″ W then heading up river 275 transit, and exit the safety zone, con- yards to 45–32′01″ N/122–40′33″ W then sistent with the Navigation Rules. heading 150 yards to the shoreline end- (e) Regulation. (1) In accordance with ing at 45–32′04″ N/122–40′28″ W. the general regulations in section (4) Temco Kalama. All navigable 165.23 of this part, entry into or move- waters of the United States within the ment within these zones is prohibited

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unless authorized by the Sector Colum- addition, the Captain of the Port may bia River Captain of the Port, the offi- be assisted by other federal, state, or cial patrol, or other designated rep- local agencies in enforcing this section. resentatives of the Captain of the Port. (h) Waiver. The Captain of the Port (2) To request authorization to enter Columbia River may waive any of the or operate within the safety zone con- requirements of this section for any tact the on-scene official patrol on vessel or class of vessels upon finding VHF–FM channel 16 or 13, or the Sector that operational conditions or other Columbia River Command Center at circumstances are such that applica- phone number (503) 861–6211. Authoriza- tion of this section is unnecessary or tion will be granted based on the neces- impractical for the purpose of port sity of access and consistent with safe safety or environmental safety. navigation. EFFECTIVE DATE NOTE: By USCG–2013–0011, (3) Vessels authorized to enter or op- 78 FR 70861, Nov. 27, 2013, temporary erate within the safety zone shall oper- § 165.T13–240 was added, effective from Nov. ate at the minimum speed necessary to 27, 2013 until Nov. 27, 2015. maintain a safe course and shall proceed as directed by the on-scene offi- § 165.1301 Puget Sound and Adjacent cial patrol. The Navigation Rules shall Waters in Northwestern Wash- apply at all times within the safety ington—Regulated Navigation Area. zone. The following is a regulated naviga- (4) When conditions permit, the on- tion area—All of the following north- scene official patrol, or a designated western Washington waters under the representative of the Captain of the jurisdiction of the Captain of the Port, Port at the Sector Columbia River Puget Sound: Puget Sound, Hood Command Center, should: Canal, Possession Sound, Elliott Bay, (i) Permit vessels constrained by Commencement Bay, the San Juan Ar- their navigational draft or restricted in chipelago, Rosario Strait, Guemes their ability to maneuver to enter or Channel, Bellingham Bay, U.S. waters operate within the safety zone in order of the Strait of the Strait of Juan de to ensure a safe passage in accordance Fuca, Haro Strait, Boundary Pass, and with the Navigation Rules; and Georgia Strait, and all lesser bays and (ii) Permit commercial vessels an- harbors adjacent to the above. chored in a designated anchorage area (a) Definitions as used in this sec- to remain at anchor within the safety tion: zone; and (1) Vessels engaged in fishing are as (iii) Permit vessels that must transit identified in the definition found in via a navigable channel or waterway to Rule 3 of the International Regulations enter or operate within the safety zone for Prevention of Collisions at Sea, in order to do so. 1972, (72 COLREGS), found in appendix (f) Exemption. Public vessels as de- A, part 81 of this chapter. fined in paragraph (a) of this section (2) Hazardous levels of vessel traffic are exempt from complying with para- congestion are as defined at the time by graph (e) of this section. Puget Sound Vessel Traffic Service. (g) Enforcement. Any Coast Guard (b) Nothing in this section shall be commissioned, warrant, or petty offi- construed as relieving any party from cer may enforce the rules in this sec- their responsibility to comply with ap- tion. In the navigable waters of the plicable rules set forth in the 72 United States to which this section ap- COLREGS. plies, when immediate action is re- (c) General Regulations: The provi- quired and representatives of the Coast sions of this paragraph apply at all Guard are not present or are not times. present in sufficient force to provide (1) Vessels engaged in fishing or effective enforcement of this section, other operations—that are distinct any Federal Law Enforcement Officer, from vessels following a TSS or a con- Oregon Law Enforcement Officer, or necting precautionary area east of New Washington Law Enforcement Officer Dungeness and which are not required may enforce the rules contained in this by the Bridge to Bridge Radiotelephone section pursuant to 46 U.S.C. 70118. In Regulations to maintain a listening

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watch, are highly encouraged to main- ness, may not remain in, nor their gear tain a listening watch on the Puget remain in, a traffic lane or a con- Sound Vessel Traffic Service (PSVTS) necting precautionary area east of New VHF-FM radio frequency for the area Dungeness when a vessel following a in which the vessel is operating. A safe TSS approaches. Such vessels not fol- alternative to the radio listening lowing a TSS or a connecting pre- watch is to stay clear of the TSS and cautionary area shall draw in their connecting precautionary area. gear, maneuver, or otherwise clear (2) Vessels engaged in gill net fishing these areas so that their action is com- at any time between sunset and sunrise plete at least fifteen minutes before in any of the waters defining the regu- the arrival of a vessel following the lated navigation are of this section TSS. Vessels which are required by this shall, in addition to the navigation paragraph to remain clear of a con- lights and shapes required by Part 81 of necting precautionary area east of New this title (72 COLREGS), display at the Dungeness or a traffic lane must also 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 nautical miles and displayed from at least ness. three feet above the surface of the (2) A vessel following the TSS may water. not exceed a speed of 11 knots through (3) Vessels engaged in fishing, includ- the water. ing gillnet and purse seine fishing, are (3) Vessels engaged in fishing, includ- prohibited in the following Prohibited ing gillnet and purse seine fishing, are Fishing Area: The Hood Canal Bridge, prohibited in the following Prohibited to include the waters within a one-half Fishing Area: Edmonds/Kingston ferry nautical mile radius of the center of crossing lanes, to include the waters the main ship channel draw span dur- within one-quarter nautical mile on ei- ing the immediate approach and tran- ther side of a straight line connecting sit of the draw by public vessels of the the Edmonds and Kingston ferry land- United States. ings during the hours that the ferry is (4) East of New Dungeness, vessels operating. engaged in fishing in a traffic lane or (e) Authorization to deviate from connecting precautionary area shall this section. tend nets or other gear placed in the (1) Commander, Thirteenth Coast water so as to facilitate the movement Guard District may, upon written re- of the vessel or gear from the traffic quest, issue an authorization to deviate lane or precautionary area upon the from this section if the proposed devi- approach of a vessel following the TSS. ation provides a level of safety equiva- (d) Congested Regulations: The provi- lent to or beyond that provided by the sions under this paragraph apply only required procedure. An application for when imposed in specific locations by Puget Sound Vessel Traffic Service. authorization must state the need for They are intended to enhance vessel the deviation and describe the proposed traffic safety during periods and in lo- alternative operation. cations where hazardous levels of ves- (2) PSVTS may, upon verbal request, sel traffic congestion are deemed to authorize a deviation from this section exist by Puget Sound Vessel Traffic for a voyage, or part of a voyage, if the Service. Operations potentially cre- proposed deviation provides a level of ating vessel traffic congestion include, safety equivalent to or beyond that but are not limited to, vessels engaged provided by the required procedure. in fishing, including gillnet or purse The deviation request must be made seine, recreational fishing derbies, re- well in advance to allow the requesting gattas, or permitted marine events. vessel and the Vessel Traffic Center (1) Vessels engaged in fishing or (VTC) sufficient time to assess the other operations—that are distinct safety of the proposed deviation. Dis- from vessels following a Traffic Sepa- cussions between the requesting vessel ration Scheme (TSS) or a connecting and the VTC should include, but are precautionary area east of New Dunge- not limited to, information on vessel

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handling characteristics, traffic den- ting their operation in the security sity, radar contracts, and environ- zone from the Security Office, Naval mental conditions. Submarine Base Bangor. This written (3) In an emergency, the master, exemption shall state the date(s) on pilot, or person directing the move- which it is effective and may contain ment of the vessel following the TSS any further restrictions on vessel oper- may deviate from this section to the ations within the security zone as have extent necessary to avoid endangering been previously agreed upon by the persons, property, or the environment, Captain of the Port and Commanding and shall report the deviation to the Officer, Naval Submarine Base Bangor. VTC as soon as possible. The certificate of exemption shall be [CGD 13–98–002, 63 FR 7708, Feb. 17, 1998] maintained on board the exempted vessel so long as such vessel is operating § 165.1302 Bangor Naval Submarine in the security zone. Base, Bangor, WA. (2) Any vessel authorized to enter or (a) Location. The following is a secu- remain in the security zone may an- rity zone: The waters of the Hood chor in the security zone anchorage. 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., longitude 122°42′12″ W.: thence southerly [CDG13 87–06, 52 FR 47924, Dec. 17, 1987] 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: Area No. 2. Waters of Hood Canal with- (a) The following is a regulated navi- in a circle of 1,000 yards diameter cen- gation area: the waters of the United tered on a point located at latitude States east of a line extending from 47°46′26″ N., longitude 122°42′49″ W. Discovery Island Light to New Dunge- (c) Special Regulations. (1) Section ness Light and all points in the Puget 165.33 paragraphs, (a), (e), and (f) do not Sound area north and south of these apply to the following vessels or indi- lights. viduals on board those vessels: (b) Regulations. (1) Tank vessel navi- (i) Public vessels of the United gation restrictions: Tank vessels larger States, other than United States Naval than 125,000 deadweight tons bound for vessels. a port or place in the United States (ii) Vessels that are performing work may not operate in the regulated navi- at Naval Submarine Base Bangor pur- gation area. suant to a contract with the United (2) Commander, Thirteenth Coast States Navy which requires their pres- Guard District may, upon written re- ence in the security zone. quest, issue an authorization to deviate (iii) Any other vessels or class of ves- from paragraph (b)(1) of this section if sels mutually agreed upon in advance it is determined that such deviation by the Captain of the Port and Com- provides an adequate level of safety. manding Officer, Naval Submarine Any application for authorization must Base Bangor. Vessels operating in the state the need and fully describe the security zone under this exemption proposed procedure. must have previously obtained a copy (c) Precautionary Area Regulations. (1) of a certificate of exemption permit- A vessel in a precautionary area which

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is depicted on National Oceanic and At- sor of the event to delineate the bound- mospheric Administration (NOAA) aries of the safety zone. nautical charts, except precautionary (b) Effective dates. This section is ef- ‘‘RB’’ (a circular area of 2,500 yards ra- fective annually on July the fourth dius centered at 48–26′24″ N., 122–45′12″ from 2 p.m. to 12:30 a.m. July the fifth W.), must keep the center of the pre- unless otherwise specified by FEDERAL cautionary area to port. REGISTER notice. (c) Regulation. In accordance with the NOTE: The center of precautionary area general regulations in § 165.23 of this ‘‘RB’’ is not marked by a buoy. part, entry into this safety zone is pro- (2) The Puget Sound Vessel Traffic hibited unless authorized by the Cap- Service (PSVTS) may, upon verbal re- tain of the Port, Puget Sound, Seattle, quest, authorize a onetime deviation WA. from paragraph (c)(1) of this section for [CGD13–95–009, 60 FR 61481, Nov. 30, 1995, as a voyage, or part of a voyage, if the amended by USCG–2011–0197, 76 FR 31855, proposed deviation provides a level of June 2, 2011] safety equivalent to or beyond that provided by the required procedure. § 165.1307 Elliott Bay, Seattle, WA. The deviation request must be made (a) Location. The following area is a well in advance to allow the requesting safety zone: All portions of Elliott Bay vessel and the Vessel Traffic Center bounded by the following coordinates: (VTC) sufficient time to assess the Latitude 47°37′22″ N, Longitude safety of the proposed deviation. Dis- 122°22′06″ W; thence to Latitude 47°37′06″ cussions between the requesting vessel N, Longitude 122°21′45″ W; thence to and the VTC should include, but are Latitude 47°36′54″ N, Longitude not limited to, information on the ves- 122°22′05″ W; thence to Latitude 47°37′08″ sel handling characteristics, traffic N, Longitude 122°22′27″ W; thence re- density, radar contacts, and environ- turning to the origin. This safety zone mental conditions. resembles a square centered around the (3) In an emergency, the master, barge from which the fireworks will be pilot, or person directing the move- launched and begins 100 yards from the ment of the vessel may deviate from shoreline of Myrtle Edwards Park. paragraph (c)(1) of this section to the Floating markers will be placed by the extent necessary to avoid endangering sponsor of the fireworks display to de- persons, property, or the environment, lineate the boundaries of the safety and shall report the deviation to the zone [Datum NAD 1983]. VTC as soon as possible. (b) Effective dates. This section is ef- [CGD 90–020, 59 FR 36335, July 15, 1994, as fective annually on July fourth from amended by CGD 13–97–003, 62 FR 23660, May 9:30 p.m. to 11 p.m. unless otherwise 1, 1997] specified by FEDERAL REGISTER notice. (c) Regulation. In accordance with the § 165.1305 Commencement Bay, Ta- general regulations in § 165.23 of this coma, WA. part, entry into this safety zone is pro- (a) Location. The following area is a hibited unless authorized by the Cap- safety zone for the Tacoma Freedom tain of the Port, puget sound, Seattle, Fair Air Show: All portions of Com- WA. mencement Bay bounded by the fol- [CGD13–95–007, 60 FR 61482, Nov. 30, 1995, as lowing coordinates: Latitude 47°17′38″ amended by CGD13–97–015, 62 FR 39445, July N, Longitude 122°28′43 W; thence south 23, 1997] easterly to Latitude 47°17′4″ N, Lon- gitude 122°27′32″ W; thence south west- § 165.1308 Columbia River, Vancouver, erly to Latitude 47°16′35″ N, Longitude WA. 122°28′1″ W; thence north westerly along (a) Location. The following area is a the shoreline to Latitude 47°17′10″ N, safety zone: All waters of the Columbia Longitude 122°29′14″ W; thence return- River at Vancouver, Washington, ing to the origin. This safety zone re- bounded by a line commencing at the sembles a rectangle protruding from northern base of the Interstate 5 high- the shoreline along Ruston Way. Float- way bridge at latitude 45°37′17″ N, lon- ing markers will be placed by the spon- gitude 122°40′22″ W; thence south along

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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 general regulations in § 165.23 of this [CGD 13–98–004, 64 FR 72561, Dec. 28, 1999] part, entry into this safety zone is prohibited unless authorized by the Cap- § 165.1310 Strait of Juan de Fuca and tain of the Port Columbia River. adjacent coastal waters of North- west Washington; Makah Whale [CGD13–95–055, 61 FR 18949, Apr. 30, 1996, as Hunting—Regulated Navigation amended by USCG–2010–0351, 75 FR 48565, Area. Aug. 11, 2010] (a) The following area is a Regulated ° ′ § 165.1309 Eagle Harbor, Bainbridge Navigation Area (RNA): From 48 02.25 Island, WA. N, 124°42.1′ W northward along the mainland shoreline of Washington (a) Regulated area. A regulated navi- State to Cape Flattery and thence gation area is established on that portion of Eagle Harbor bounded by a line eastward along the mainland shoreline ° ′ ″ ° ′ ″ of Washington State to 48°22′ N, 124°34′ beginning at: 47 36 56 N, 122 30 36 W; ° ′ thence to 47°37′11″ N, 122°30′36″ W; W; thence due north to 48 24.55 N, ° ′ thence to 47°37′25″ N, 122°30′17″ W; 124 34 W; thence northwesterly to ° ′ ° ′ thence to 47°37′24″ N, 122°30′02″ W; 48 27.1 N, 124 41.7 W; thence due west ° ′ ° ′ thence to 47°37′16″ N, 122°29′55″ W; to 48 27.1 N, 124 45.5 W; thence south- ° ′ ° ′ thence to 47°37′03″ N, 122°30′027sec; W; westerly to 48 20.55 N, 124 51.05 W, ° ′ thence returning along the shoreline to thence west south west to 48 18.0 N ° ′ ° ′ point of origin. [Datum NAD 1983]. 124 59.0 W, thence due south to 48 02.25 ° ′ (b) Regulations. All vessels and per- N, 124 59.0 W) thence due east back to ° ′ sons are prohibited from anchoring, the shoreline of Washington at 48 02.25 dredging, laying cable, dragging, N, 124°42.1′ W. Datum: NAD 1983. seining, bottom fishing, conducting (b) During a whale hunt, while the salvage operations, or any other activ- international numeral pennant five (5) ity which could potentially disturb the is flown by a Makah whale hunt vessel, seabed in the designated area. Vessels the following area within the RNA is a may otherwise transit or navigate Moving Exclusion Zone: The column of within this area without reservation. water from the surface to the seabed (c) Waiver. The Captain of the Port, with a radius of 500 yards centered on Puget Sound, upon advice from the the Makah whale hunt vessel dis- U.S. EPA Project Manager and the playing international numeral pennant Washington State Department of Nat- five (5). This Moving Exclusionary ural Resources, may, upon written re- Zone is activated only when surface quest, authorize a waiver from this sec- visibility exceeds one nautical mile, tion if it is determined that the pro- between sunrise and sunset, and the posed operation supports USEPA reme- Makah whale hunt vessel displays the dial objectives, or can be performed in international numeral pennant five (5). a manner that ensures the integrity of The Moving Exclusionary Zone is de- the sediment cap. A written request activated upon sunset, visibility is re- must describe the intended operation, duced to less than one nautical mile, or state the need, and describe the pro- when the Makah hunt vessel strikes posed precautionary measures. Re- international numeral pennant five (5). quests should be submitted in trip- (c) Unless otherwise authorized by licate, to facilitate review by U.S. the Commander, Thirteenth Coast

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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 com- (4) Although permitted to maneuver mence when a whale hunt vessel is un- within the Moving Exclusionary Zone, derway and its master intends to have personnel aboard the media pool vessel a whale killed during the voyage. are still required to follow safety and Whale hunt operations cease once this law enforcement related instructions of intent is abandoned, a whale is landed, Coast Guard personnel. or when the international numeral pennant 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. 10, 1999; USCG–2006–24371, 74 FR 11213, Mar. SECURITE broadcasts beginning one 16, 2009] half hour before the commencement of a hunt and every half hour thereafter § 165.1311 Olympic View Resource until hunting activities are concluded. Area, Tacoma, WA. This broadcast shall be made on chan- (a) Regulated area. A regulated navi- nel 16 VHF-FM and state: gation area is established on that por- A whale hunt is proceeding today within tion of Commencement Bay bounded by the Regulated Navigation Area established a line beginning at: 47°15′40.19753″ N, for Makah whaling activities. The (name of 122°26′09.27617″ W; thence to vessel) is a (color and description of vessel) 47°15′42.21070″ N, 122°26′10.65290″ W; and will be flying international numeral pen- ° ′ ″ nant five (5) while engaged in whaling oper- thence to 47 15 41.84696 N, ations. This pennant is yellow and blue in 122°26′11.80062″ W; thence to color. Mariners are required by federal regu- 47°15′45.57725″ N, 122°26′14.35173″ W; lation to stay 500 yards away from (name of thence to 47°15′53.06020″ N, vessel), and are strongly urged to remain 122°26′06.61366″ W; thence to even further away from whale hunt activi- 47°15′46.74493″ N, 122°26′02.50574″ W; ties as an additional safety measure. thence returning along the shoreline to (f)(1) Credentialed members of the the point of origin. [Datum NAD 1983]. media interested in entering the Mov- (b) Regulations. All vessels and per- ing Exclusionary Zone may request sons are prohibited from anchoring, permission to operate a single media dredging, laying cable, dragging, vessel in the Moving Exclusionary seining, bottom fishing, conducting Zone by telephoning Coast Guard Pub- salvage operations, or any other activ- lic Affairs, as soon as practicable at ity which could potentially disturb the (206) 220–7237 during normal working seabed in the designated area. Vessels hours, and (206) 220–7001 after hours. may otherwise transit or navigate Coast Guard preauthorization is re- within this area without reservation. quired prior to entry into the Moving (c) Waiver. The Captain of the Port, Exclusionary Zone by a single media Puget Sound, upon advice from the pool vessel. United States Environmental Protec- (2) The media pool vessel must be a tion Agency (USEPA) Project Manager U.S. documented vessel. The media and the Washington State Department

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of Natural Resources, may, upon writ- § 165.1313 Security zone regulations, ten request, authorize a waiver from tank ship protection, Puget Sound this section if it is determined that the and adjacent waters, Washington proposed operation supports USEPA re- (a) Notice of enforcement or suspension medial objectives, or can be performed of enforcement. The tank ship security in a manner that ensures the integrity zone established by this section will be of the sediment cap. A written request enforced only upon notice by the Cap- must describe the intended operation, tain of the Port Puget Sound. Captain state the need, and describe the pro- of the Port Puget Sound will cause no- posed precautionary measures. Re- tice of the enforcement of the tank quests shall be submitted in triplicate, ship security zone to be made by all ap- to facilitate review by USEPA, Coast propriate means to effect the widest Guard, and Washington State Agencies. publicity among the affected segments USEPA managed remedial design, re- of the public including publication in medial action, habitat mitigation, or the FEDERAL REGISTER as practicable, monitoring activities associated with in accordance with 33 CFR 165.7(a). the Olympic View Resource Area Such means of notification may also Superfund Site are excluded from the include but are not limited to, Broad- waiver requirement. USEPA is re- cast Notice to Mariners or Local No- quired, however, to alert the Coast tice to Mariners. The Captain of the Guard in advance concerning any of Port Puget Sound will issue a Broad- the above-mentioned activities that cast Notice to Mariners and Local No- may, or will, take place in the Regu- tice to Mariners notifying the public lated Area. when enforcement of the tank ship security zone is suspended. [CGD13–02–016, 68 FR 17735, Apr. 11, 2003] (b) The following definitions apply to this section: § 165.1312 Security Zone; Portland (1) Federal Law Enforcement Officer Rose Festival on Willamette River. means any employee or agent of the (a) Location. The following area is a United States government who has the security zone: All waters of the Wil- authority to carry firearms and make lamette River, from surface to bottom, warrantless arrests and whose duties encompassed by the Hawthorne and involve the enforcement of criminal Steel Bridges. laws of the United States. (b) Regulations. In accordance with (2) Navigable waters of the United § 165.33, entry into this zone is prohib- States means those waters defined as ited unless authorized by the Captain such in 33 CFR part 2. of the Port Columbia River or his des- (3) Navigation Rules means the Navi- ignated representatives. Section 165.33 gation Rules, International-Inland. also contains other general require- (4) Official patrol means those persons ments. designated by the Captain of the Port to monitor a tank ship security zone, (c) Authority. In addition to 33 U.S.C. permit entry into the zone, give legally 1231, the authority for this section in- enforceable orders to persons or vessels cludes 33 U.S.C. 1226. with in the zone and take other actions (d) Enforcement period. This section is authorized by the Captain of the Port. enforced annually in June from the Persons authorized in paragraph (k) to first Wednesday in June falling on the enforce this section are designated as 4th or later through the following Mon- the official patrol. day in June. The event will be 6 days in (5) Public vessel means vessels owned, length and the specific dates of en- chartered, or operated by the United forcement will be published each year States, or by a State or political sub- in the FEDERAL REGISTER. In 2005, the division thereof. zone will be enforced on Wednesday, (6) Tank ship security zone is a regu- June 8, through Monday, June 13. lated area of water, established by this [CGD13–02–020, 68 FR 31979, May 29, 2003, as section, surrounding tank ships for a amended by CDG13–05–007, 70 FR 33353, June 500-yard radius that is necessary to 8, 2005; USCG–2010–0351, 75 FR 50884, Aug. 18, provide for the security of these ves- 2010] sels.

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(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 tank ship master on VHF-FM channel northern base of the Interstate 5 high- 16 or 13. way bridge at latitude 45°37″ 16.5′ N, (h) When conditions permit, the on- longitude 122°40″ 22.5′’ W; thence south scene official patrol or tank ship mas- along the Interstate 5 highway bridge ter should: to Hayden Island, Oregon at latitude (1) Permit vessels constrained by 45°36″ 51.5′ N, longitude 122°40″ 39′ W; their navigational draft or restricted in thence east along Hayden Island to their ability to maneuver to pass with- latitude 45°36″ 36′ N, longitude 122°39″

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48′ W (not to include Hayden Bay); (i) Location. Waters on the Coos River thence north across the river thru the bounded by shoreline to the east and preferred channel buoy, RG Fl(2+1)R 6s, west and 1000 feet of water to the north to the Washington shoreline at latitude and south of the launching barge which 45°37″ 1.5′ N, longitude 122°39″ 29′ W; is centered at 43 degrees 23 minutes 45 thence west along the Washington seconds North, 124 degrees 12 minutes shoreline to the point of origin. 50 seconds West. (b) Regulations. In accordance with (ii) Enforcement period. One day in the general regulations in § 165.23 of early July. this part, no person or vessel may (5) Astoria 4th of July Fireworks, enter or remain in this zone unless au- Astoria, OR thorized by the Captain or the Port or (i) Location. All waters of the Colum- his designated representatives. bia River at Astoria, Oregon enclosed (c) Authority. In addition to 33 U.S.C. by the following points: North from the 1231, the authority for this section in- Oregon shoreline at 123 degrees 50 min- cludes 33 U.S.C. 1226. utes 1 second West to 46 degrees 11 min- (d) Enforcement period. This section utes 50 seconds North, thence east to will be enforced every July 4, from 9:30 123 degrees 49 minutes 15 seconds West, p.m. (P.D.T.) to 11 p.m. (P.D.T.). thence south to the Oregon shoreline 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 displays in the Captain of the Port Co- early July. lumbia River Zone. (6) Oregon Food Bank Blues Festival 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. the west of the launching barge which (ii) Enforcement period. This section is is centered at 46 degrees 13 minutes 38 enforced annually on July fourth from seconds North, 119 degrees 08 minutes 9 p.m. to 11 p.m. (PDT). 52 seconds West. (9) Oaks Park July 4th Celebration, (ii) Enforcement date. Every July 4th. Portland, OR (4) Cedco Inc. Fireworks Display, North (i) Location. All water of the Willam- Bend, OR ette River enclosed by the following

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

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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 one day during the last week of June or 46°11′52″ N 123°48′19″ W, thence to the the first week of July each year. southern shore of the Columbia River (23) Hood River 4th of July, Hood River, at 46°11′39″ N 123°48′13″ W. OR: (ii) Enforcement period. This safety (i) Location. All waters of the Colum- zone is in effect from approximately bia River encompassed in a 1000 foot ra- 11:30 p.m. one day during the second dius around position 45°42′58″ N weekend of August each year. 121°30″31″ W. (19) City of Washougal July 4th Fire- (ii) Enforcement period. This safety works Display, Washougal WA: zone is in effect from 8:30 p.m. to ap- (i) Location. All waters of the Colum- proximately 11:30 p.m. one day during bia River encompassed by lines con- the last week of June or the first week necting the following points in the vi- of July each year. cinity of Washougal, Washington: from (24) Rufus 4th of July Fireworks, Rufus, the northern shore of the Columbia OR: River at 45°33′50″ N 122°20′16″ W, thence (i) Location. All waters of the Colum- to 45°33′42″ N 122°02′29″ W, thence to bia River encompassed in a 500 foot ra- 45°33′53″ N 122°20′39″ W, thence to the dius around position 45°41′30″ N northern shore of the Columbia River 120°45′47″ W. at 45°35′04″ N 122°20′53″ W. (ii) Enforcement period. This safety (ii) Enforcement period. This safety zone is in effect from approximately zone is in effect from approximately 8:30 p.m. to approximately 11:30 p.m. 8:30 p.m. to approximately 11:30 p.m. for one day during the last week of one day during the first week of July June or the first week of July each each year. year. (20) City of St. Helens 4th of July Fire- (b) Regulations. In accordance with works Display, St. Helens, OR: § 165.23 of this part, no person may (i) Location. All waters of the Colum- enter or remain in these safety zones bia River encompassed in a 1200 foot ra- unless authorized by the Captain of the dius around position 45°51′51″ N Port Columbia River or his/her des- 122°47′22″ W. ignated representative. Also in accord- (ii) Enforcement period. This safety ance with § 165.23 of this part, no person zone is in effect from approximately may bring into, cause to be brought 8:30 p.m. to approximately 11:30 p.m. into, or allow to remain in these safety one day during the first week of July zones any vehicle, vessel, or object un- each year. less authorized by the Captain of the (21) Waverly Country Club 4th of July Port Columbia River or his/her des- Fireworks Display, Milwaukie, OR: ignated representative. (i) Location. All waters of the Willam- (c) Notice. In accordance with § 165.7 ette River encompassed by lines con- of this part, notification of the specific necting the following points in the vi- period of enforcement for each of these cinity of Milwaukie, Oregon: from safety zones may be made by marine 45°27′10″ N 122°29′35″ W, thence to broadcast, local notice to mariners, 45°27′12″ N 122°39′25″ W, thence to local news media, distribution in leaf- 45°26′56″ N 122°39′15″ W, thence to let form, on-scene oral notices, and/or 45°26′52″ N 122°39′25″ W. publication in the FEDERAL REGISTER. (ii) Enforcement period. This safety zone is in effect from approximately [CGD01–03–008, 68 FR 32368, May 30, 2003, as amended by CGD13–06–009, 71 FR 30805, May 8:30 p.m. to approximately 11:30 p.m. 31, 2006; USCG–2008–1096, 74 FR 68161, Dec. 23, one day during the first week of July 2009; USCG–2010–0351, 75 FR 48565, Aug. 11, each year. 2010; USCG–2010–0997, 76 FR 18395, Apr. 4, (22) Booming Bay Fireworks, Westport, 2011] WA: (i) Location. All waters of Grays Har- § 165.1316 Safety Zone; Columbia bor encompassed in a 600 foot radius River, Astoria, Oregon. around position 46°54′14″ N 124°06′08″ W. (a) Location. The following area is a (ii) Enforcement period. This safety safety zone: All waters of the Columbia zone is in effect from approximately River at Astoria, Oregon enclosed by

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the following points: North from the warrantless arrests and whose duties Oregon shoreline at 123°49′36″ West to involve the enforcement of criminal 46°11′51″ North thence east to 123°48′53″ laws of the United States. West thence south to the Oregon shore- Large Passenger Vessel means any line and finally westerly along the Or- cruise ship over 100 feet in length car- egon shoreline to the point of origin. rying passengers for hire, and any auto (b) Regulations. In accordance with ferries and passenger ferries over 100 the general regulations in § 165.23 of feet in length carrying passengers for this part, no person or vessel may hire such as the Washington State Fer- enter or remain in this zone unless au- ries, M/V COHO and Alaskan Marine thorized by the Captain or the Port or Highway Ferries. Large Passenger Ves- his designated representatives. sel does not include vessels inspected (c) Authority. In addition to 33 U.S.C. and certificated under 46 CFR, Chapter 1231, the authority for this section includes 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. Navigable waters of the United States [CGD13–03–013, 68 FR 42290, July 17, 2003] means those waters defined as such in § 165.1317 Security and Safety Zone; 33 CFR part 2. Large Passenger Vessel Protection, Navigation Rules means the Naviga- Puget Sound and adjacent waters, tion Rules, International—Inland. Washington. Official Patrol means those persons (a) Notice of enforcement or suspension designated by the Captain of the Port of enforcement. The large passenger ves- to monitor a large passenger vessel se- sel security and safety zone established curity and safety zone, permit entry by this section will be enforced only into the zone, give legally enforceable upon notice by the Captain of the Port orders to persons or vessels within the Puget Sound. Captain of the Port zone and take other actions authorized Puget Sound will cause notice of the by the Captain of the Port. Persons au- enforcement of the large passenger ves- thorized in paragraph (l) to enforce this sel security and safety zone to be made section are designated as the Official by all appropriate means to effect the Patrol. widest publicity among the affected Public vessel means vessels owned, segments of the public including publi- chartered, or operated by the United cation in the FEDERAL REGISTER as States, or by a State or political sub- practicable, in accordance with 33 CFR division thereof. 165.7(a). Such means of notification may also include but are not limited Washington Law Enforcement Officer to, Broadcast Notice to Mariners or means any General Authority Wash- Local Notice to Mariners. The Captain ington Peace Officer, Limited Author- of the Port Puget Sound will issue a ity Washington Peace Officer, or Spe- Broadcast Notice to Mariners and cially Commissioned Washington Peace Local Notice to Mariners notifying the Officer as defined in Revised Code of public when enforcement of the large Washington section 10.93.020. passenger vessel security and safety (c) Security and safety zone. There is zone is suspended. established a large passenger vessel se- (b) Definitions. The following defini- curity and safety zone extending for a tions apply to this section: 500-yard radius around all large pas- Federal Law Enforcement Officer senger vessels located in the navigable means any employee or agent of the waters of the United States in Puget United States government who has the Sound, WA, east of 123°30′ West Lon- authority to carry firearms and make gitude. [Datum: NAD 1983].

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(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 Navigation Rules. (k) Exception. 33 CFR part 161 con- (e) The Navigation Rules shall apply tains Vessel Traffic Service regula- 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. Captain of the Port may be assisted by (h) When conditions permit, the on- other federal, state or local agencies in scene official patrol or large passenger enforcing this section. vessel master should: (m) Waiver. The Captain of the Port (1) Permit vessels constrained by Puget Sound may waive any of the re- their navigational draft or restricted in quirements of this section for any ves- their ability to maneuver to pass with- sel or class of vessels upon finding that in 100 yards of a large passenger vessel a vessel or class of vessels, operational in order to ensure a safe passage in ac- conditions or other circumstances are cordance with the Navigation Rules; such that application of this section is and unnecessary or impractical for the pur- (2) Permit vessels that must transit pose of port security, safety or environ- via a navigable channel or waterway to mental safety. pass within 100 yards of an anchored large passenger vessel or within 25 [CGD13–03–018, 69 FR 2068, Jan. 14, 2004; 69 FR yards of a moored large passenger ves- 4245, Jan. 29, 2004] sel with minimal delay consistent with security.

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§ 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 rounding large passenger vessels for a Columbia River, all persons and vessels 500 yard radius that is necessary to are authorized to enter, transit, and provide for the security and safety of exit the large passenger vessel security these vessels. and safety zone, consistent with the Navigable waters of the United States Navigation Rules. means those waters defined as such in (e) Navigation Rules. The Navigation 33 CFR part 2. Rules shall apply at all times within a Navigation Rules means the Naviga- large passenger vessel security and tion Rules, International-Inland. safety zone. Official Patrol means those persons (f) Restrictions based on distance from designated by the Captain of the Port large passenger vessel. When within a to monitor a large passenger vessel se- large passenger vessel security and curity and safety zone, permit entry safety zone, all vessels shall operate at

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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- encompassed by the following points: sel’s security and safety zone unless it 47°36′17.28″ N, 122°14′49.44″ W; thence is either ordered by, or given permis- west to point 47°36′17.28″ N, 122°16′58.56″ sion by the Captain of the Port Colum- W; thence south along the shoreline to bia River, his designated representa- Andrews Bay at point 47°33′04.62″ N, tive or the on-scene official patrol to 122°15′32.46″ W; thence northeast along do otherwise. the shoreline of Bailey Peninsula to its (j) Exemption. Public vessels as de- northeast point at 47°33′44.98″ N, fined in paragraph (b) of this section 122°15′03.48″ W; thence easterly to point are exempt from complying with para- 47°33′43.98″ N, 122°13′51.36″ W on Mercer graphs (c), (d), (f), (g), (h), and (i), of Island; thence northerly along the this section. shore of Mercer Island to point (k) Enforcement. Any Coast Guard 47°35′45.12″ N, 122°14′49.44″ W; thence commissioned, warrant or petty officer north back to the point of origin. may enforce the rules in this section. (c) Regulations. In accordance with In the navigable waters of the United the general regulations in 33 CFR Part States to which this section applies, 165, Subpart C, no person or vessel may when immediate action is required and enter or remain in the zone except for

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support vessels and support personnel, Navigable waters of the United States vessels registered with the event orga- means those waters defined as such in nizer, or other vessels authorized by 33 CFR Part 2. the Captain of the Port or his des- Public vessel means vessels owned, ignated representatives. Vessels and chartered, or operated by the United persons granted authorization to enter States, or by a State or political sub- the safety zone shall obey all lawful or- division thereof. ders or directions of the Captain of the Washington Law Enforcement Officer Port or his designated representatives. means any General Authority Wash- ington Peace Officer, Limited Author- [CGD13–04–002, 69 FR 35250, June 24, 2004, as ity Washington Peace Officer, or Spe- amended by USCG–2012–0903, 78 FR 12600, cially Commissioned Washington Peace Feb. 25, 2013] Officer as defined in Revised Code of § 165.1321 Security Zone; Protection of Washington section 10.93.020. Military Cargo, Captain of the Port (c) Security zone. The following areas Zone Puget Sound, WA. are security zones: (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 Designated Representative means those Blair Waterway to the Commencement persons designated by the Captain of Bay Directional Light (light list num- the Port to monitor these security ber 17159); then northeasterly along the zones, permit entry into these zones, shoreline to the point of origin. give legally enforceable orders to per- [Datum: NAD 1983]. sons or vessels with in these zones and (2) Sitcum Waterway Security Zone: take other actions authorized by the The Security Zone in the Sitcum Wa- Captain of the Port. Persons author- terway, Commencement Bay, WA, in- ized in paragraph (g) to enforce this cludes all waters enclosed by a line section and Vessel Traffic Service connecting the following points: Puget Sound (VTS) are Designated 47°16′33′′ N, 122°25′04′′ W, which is ap- Representatives. proximately the northwestern end of Federal Law Enforcement Officer Pier No. 5; then northwesterly to means any employee or agent of the 47°16′42′′ N, 122°25′18′′ W, which is the ap- United States government who has the proximate location of a private buoy authority to carry firearms and make on the end of the sewage outfall; then warrantless arrests and whose duties southwesterly to 47°16′23′′ N, 122°25′36′′ involve the enforcement of criminal W; then southeasterly to 47°16′10′′ N, laws of the United States. 122°25′27′′ W, which is the northwestern

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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 or a Designated Representative at least conditions or other circumstances are 4 hours in advance. Vessels less than 20 such that application of this section is meters in length should seek permis- unnecessary or impractical for the pur- sion at least 1 hour in advance. VTS pose of port security, safety or environ- Puget Sound may be reached on VHF mental safety. channel 14. [CGD13–04–019, 69 FR 52603, Aug. 27, 2004, as (e) Compliance. Upon notice of en- amended by CGD13–04–040, 69 FR 71711, Dec. forcement by the Captain of the Port 10, 2004; CGD13–04–46, 70 FR 2019, Jan. 12, 2005; Puget Sound, the Coast Guard will en- CGD13–05–031, 70 FR 45537, Aug. 8, 2005] force these security zones in accordance with rules set out in this section. § 165.1322 Regulated Navigation Area: Upon notice of suspension of enforce- Willamette River Portland, Captain ment by the Captain of the Port Puget of the Port Columbia River Zone. Sound, all persons and vessels are au- (a) Location. The following is a regu- thorized to enter, transit, and exit lated navigation area (RNA): All these security zones. waters of the Willamette River encom- (f) Regulations. Under the general reg- passed by a line commencing at ulations in 33 CFR part 165 subpart D, 45°34′.47″ N, 122°45′28″ W along the shore- this section applies to any vessel or line to 45°34′47″ N, 122°45′30″ W thence to

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45°34′47″ N, 122°45′30″ W thence to § 165.1324 Safety and Security Zone; 45°34′48″ N, 122°45′30″ W thence to Cruise Ship Protection, Elliott Bay 45°34′48″ N, 122°45′30″ W thence to and Pier-91, Seattle, Washington. 45°34′48″ N, 122°45′28″ W thence to (a) Safety and security zones. (1) The 45°34′47″ N, 122°45′28″ W and back to the following area is a safety and security point of origin. All coordinates ref- zone: All waters within the following erence 1983 North American Datum points: a rectangle, starting at 47°37′53″ (NAD 83). N/122°23′07″ W, thence south to position (b) Regulations. (1) Motoring, anchor- 47°37′06″ N/122°23′07″ W, thence east to ing, dragging, dredging, or trawling are position 47°37′06″ N/122°22′43″ W, thence prohibited in the regulated area. north to position 47°37′58″ N/122°22′43″ (2) All vessels transiting or accessing W. This zone will be enforced only dur- the regulated area shall do so at a no ing the arrival or departure of Large wake speed or at the minimum speed Passenger Cruise Vessels at Pier 91, Se- necessary to maintain steerage. attle, Washington. (2) The following area is a safety and [USCG–2008–0112, 74 FR 5988, Feb. 4, 2009] security zone: All waters within 100 yards of Pier 91, Seattle, Washington, § 165.1323 Regulated Navigation Area: ° ′ ″ Willamette River Captain of the at approximate position 47 37 35 N/ ° ′ ″ Port Columbia River Zone. 122 23 00 W. This zone will be enforced 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 45°34′46″ N, 122°44′39″ W and back to the Passenger Cruise Vessel does not in- point of origin. All coordinates ref- clude vessels inspected and certificated erence 1983 North American Datum under 46 CFR, Chapter I, Subchapter T (NAD 83). such as excursion vessels, sight seeing (b) Regulations. (1) Anchoring, spud- vessels, dinner cruise vessels, and ding, dredging, laying cable, dragging, whale watching vessels. trawling, conducting salvage oper- Official Patrol means those persons ations, operating commercial vessels of designated by the Captain of the Port any size, and operating recreational to monitor a Large Passenger Cruise vessels greater than 30 feet in length Vessel security and safety zone, permit are prohibited in the regulated area. entry into the zone, give legally en- (2) All vessels transiting or accessing forceable orders to persons or vessels the regulated area shall do so at no within the zone and take other actions wake speed or at the minimum speed authorized by the Captain of the Port. Persons authorized in paragraph (e) to necessary to maintain steerage. enforce this section are designated as [USCG–2008–0121, 74 FR 5991, Feb. 4, 2009] the Official Patrol.

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(d) Authorization. To request author- 46°51′00″ N., 124°06′40″ W. thence north- ization to operate within 100 yards of a ward along the shoreline to a point at Large Passenger Cruise Vessel that is the south jetty 46°54′20″ N., 124°08′07″ W. moored at Pier 91, contact the on-scene thence eastward to 46°54′10″ N., Official Patrol on VHF–FM channel 16 124°05′00″ W. thence northward to or 13 or the Facility Security Officer at 46°55′00″ N., 124°03′30″ W. thence (206) 728–3688. northwestward to Damon Point at (e) Enforcement. Any Coast Guard 46°56′50″ N., 124°06′30″ W. thence west- commissioned, warrant or petty officer ward along the north shoreline of the may enforce the rules in this section. harbor to the north jetty at 46°55′40″ N., In the navigable waters of the United 124°10′27″ W. thence northward along States to which this section applies, the shoreline to the beginning. when immediate action is required and (3) Willapa Bay, Wash.: From a point representatives of the Coast Guard are on the shoreline at 46°46′00″ N., not present or not present in sufficient 124°05′40″ W. westward to 46°44′00″ N., force to provide effective enforcement 124°10′45″ W. thence eastward to a point of this section in the vicinity of a on the shoreline at 46°35′00″ N., Large Passenger Cruise Vessel, any 124°03′45″ W. thence northward along Federal or Washington Law Enforce- the shoreline around the north end of ment Officer may enforce the rules Leadbetter Point thence southward contained in this section pursuant to 33 along the east shoreline of Leadbetter CFR 6.04–11. In addition, the Captain of Point to 46°36′00″ N., 124°02′15″ W. the Port may be assisted by other Fed- thence eastward to 46°36′00″ N., eral, state or local agencies in enforc- 124°00′00″ W. thence northward to Toke ing this section. point at 46°42′15″ N., 123°58′00″ W. thence (f) Waiver. The Captain of the Port westward along the north shoreline of Puget Sound may waive any of the re- the harbor and northward along the quirements of this section for any ves- seaward shoreline to the beginning. sel or class of vessels upon finding that (4) Columbia River Bar, Wash.-Oreg.: a vessel or class of vessels, operational From a point on the shoreline at conditions or other circumstances are 46°18′00″ N., 124°04′39″ W. thence west- such that application of this section is ward to 46°18′00″ N., 124°09′30″ W. thence unnecessary or impractical for the pur- southward to 46°12′00″ N., 124°09′30″ W. pose of port security, safety or environ- thence eastward to a point on the mental safety. shoreline at 46°12′00″ N., 123°59′33″ W. [USCG–2009–0331, 74 FR 42028, Aug. 20, 2009] thence eastward to Tansy Point Range Front Light at 46°11′16″ N., 123°55′05″ W.; § 165.1325 Regulated Navigation Areas; thence northward to Chinook Point at Bars Along the Coasts of Oregon 46°15′08″ N., 123°55′25″ W. thence and Washington. northwestward to the north end of (a) Regulated navigation areas. Each of Sand Island at 46°17′29″ N., 124°01′25″ W. the following areas is a regulated navi- thence southwestward to a point on the gation area: north shoreline of the harbor at (1) Quillayute River Entrance, Wash.: 46°16′25″ N., 124°02′28″ W. thence From the west end of James Island northwestward and southwestward 47°54′23′ N., 124°39′05′ W. southward to along the north shoreline of the harbor buoy No. 2 at 47°53′42′ N., 124°38′42′ W. and northward along the seaward eastward to the shoreline at 47°53′42′ N., shoreline to the beginning. 124°37′51′ W., thence northward along (5) Nehalem River Bar, Oreg.: From a the shoreline to 47°54′29′ N., 124°38′20′ W. point on the shoreline 45°41′25″ N., thence northward to 47°54′36′ N., 123°56′16″ W. thence westward 45°41′25″ 124°38′22′ W. thence westward to the be- N., 123°59′00″ W. thence southward to ginning. 45°37′25″ N., 123°59′00″ W. thence east- (2) Grays Harbor Entrance, Wash.: ward to a point on the shoreline at From a point on the shoreline at 45°37′25″ N., 123°56′38″ W. thence north- 46°59′00″ N., 124°10′10″ W. westward to ward along the shoreline to the north 46°59′00″ N., 124°15′30″ W. thence south- end of the south jetty at 45°39′40″ N., ward to 46°51′00″ N., 124°15′30″ W. thence 123°55′45″ W. thence westward to a point eastward to a point on the shoreline at on the shoreline at 45°39′45″ N.,

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123°56′19″ W. thence northward along (10) Yaquina Bay Bar, Oreg.: From a the shoreline to the beginning. point on the shoreline at 44°38′11″ N., (6) Tillamook Bay Bar, Oreg.: From a 124°03′47″ W. thence westward to point on the shoreline at 45°35′15″ N., 44°38′11″ N., 124°05′55″ W. thence south- 123°57′05″ W. thence westward 45°35′15″ ward to 44°35′15″ N., 124°06′05″ W. thence N., 124°00′00″ W. thence southward to eastward to a point on the shoreline at 45°30′00″ N., 124°00′00″ W. thence east- 44°35′15″ N., 124°04′02″ W. thence northward to a point on the shoreline at ward along the shoreline and eastward 45°30′00″ N., 123°57′40″ W. thence north- along the south bank of the entrance ward along the shoreline to the north channel to the highway bridge thence end of Kincheloe Point at 45°33′30″ N., northward to the north bank of the en- 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 ° ′ ″ eastward to a point on the shoreline at 124 00 00 W. thence southward to ° ′ ″ ° ′ ″ 45°24′00″ N., 124°00′00″ W. thence east- 44 00 00 N., 124 08 12 W. thence northward along the shoreline and southward to a point on the shoreline at ward along the west bank of the en- 45°24′00″ N., 123°57′45″ W. thence north- trance channel to 44°00′35″ N., 124°07′48″ ward along the shoreline to 45°26′03″ N., W. thence southeastward to a point on 123°57′15″ W. thence eastward to a point the east bank of the entrance channel on the north shoreline of the harbor at at 44°00′20″ N., 124°07′31″ W. thence 45°26′00″ N., 123°56′57″ W. thence north- northward along the east bank of the ward along the shoreline to the begin- entrance channel and northward along ning. the seaward shoreline to the beginning. (8) Siletz Bay Bar, Oreg.: From a (12) Umpqua River Bar, Oreg.: From a ° ′ ″ point on the shoreline at 44 56 32 N., point on the shoreline at 43°41′20″ N., ° ′ ″ 124 01 29 W. thence westward to 124°11′58″ W. thence westward to ° ′ ″ ° ′ ″ 44 56 32 N., 124 03 00 W. thence south- 43°41′20″ N., 124°13′32″ W thence south- ° ′ ″ ° ′ ″ ward to 44 54 40 N., 124 03 15 W. thence ward to 43°38′35″ N., 124°14′25″ W. thence eastward to a point on the shoreline at eastward to a point on the shoreline at ° ′ ″ ° ′ ″ 44 54 40 N., 124 01 55 W. thence north- 43°38′35″ N., 124°12′35″ W. thence northward along the shoreline to 44°55′35″ N., ward along the shoreline to the naviga- 124°01′25″ W. thence northward to a tional light ‘‘6’’ located on the jetty at point on the north shoreline of the har- 43°40′11″ N., 124°11′56″ W. thence north- bor at 44°55′45″ N., 124°01′20″ W. thence ward to a point on the north bank of westward and northward along the the entrance channel at 43°40′33″ N., shoreline to the beginning. 124°11′56″ W. thence southwestward (9) Depoe Bay Bar, Oreg.: From a along the north bank of the entrance point on the shoreline at 44°49′15″ N., channel thence northward along the 124°04′00″ W. thence westward to seaward shoreline to the beginning. 44°49′15″ N., 124°04′35″ W. thence south- (13) Coos Bay Bar, Oreg.: From a ward to 44°47′55″ N., 124°04′55″ W. thence point on the shoreline at 43°22′15′ N., eastward to a point on the shoreline at 124°19′34′ W. thence westward to 43°22′20′ 44°47′53″ N., 124°04′25″ W. thence north- N., 124°22′28′ W. thence southwestward ward along the shoreline and eastward to 43°21′00′ N., 124°23′35′ W. thence along the south bank of the entrance southeastward to a point on the shore- channel to the highway bridge thence line at 43°20′25′ N., 124°22′28′ W. thence northward to the north bank at the northward along the shoreline and bridge thence westward along the eastward along the south shore of the north bank of the entrance channel and entrance channel to a point on the northward along the seaward shoreline shoreline at 43°20′52′ N., 124°19′12′ W. to the beginning. thence eastward to a point on the east

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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. (2) Bar crossing plan (also known as a (14) Coquille River Bar, Oreg.: From a Go/No-Go plan) means a plan developed point on the shoreline at 43°08′25′ N., by local industry professionals, in co- 124°25′04′ W. thence southwestward to ordination with the Coast Guard, for a 43°07′50′ N., 124°27′05′ W. thence south- bar within a regulated navigation area westward to 43°07′03′ N., 124°28′25′ W. established in paragraph (a) of this sec- thence eastward to a point on the tion and adopted by the master or op- shoreline at 43°06′00′ N., 124°25′55′ W. erator of a small passenger vessel to thence northward along the shoreline guide his vessel’s operations on and in and eastward along the south shoreline the vicinity of that bar. of the channel entrance to 43°07′17′ N., (3) Bar restriction means that oper- 124°25′00′ W. thence northward to the ation of a recreational or uninspected east end of the north jetty at 43°07′24′ passenger vessel within a regulated N., 124°24′59′ W. thence westward along navigation area established in para- the north shoreline of the entrance graph (a) of this section has been pro- channel and northward along the sea- hibited by the Coast Guard. ward shoreline to the beginning. (4) Commercial fishing industry vessel (15) Rogue River Bar, Oreg.: From a means a fishing vessel, fish tender ves- point on the shoreline at 42°26′25′ N., sel, or a fish processing vessel. 124°26′03′ W. thence westward to 42°26′10′ (5) Designated representative means N., 124°27′05′ W. thence southward to any Coast Guard commissioned, war- 42°24′15′ N., 124°27′05′ W. thence east- rant, or petty officer that has been au- ward to a point on the shoreline at thorized by the Captain of the Port to 42°24′15′ N., 124°25′30′ W. thence north- act on his behalf. ward along the shoreline and eastward (6) Fish processing vessel means a ves- along the south shoreline of the en- sel that commercially prepares fish or trance channel to the highway bridge fish products other than by gutting, de- thence northward across the inner har- capitating, gilling, skinning, shucking, bor jetty to a point on the north shore- icing, freezing, or brine chilling. line of the entrance channel at the (7) Fish tender vessel means a vessel highway bridge thence westward along that commercially supplies, stores, re- the north shoreline of the entrance frigerates, or transports fish, fish prod- channel thence northward along the ucts, or materials directly related to seaward shoreline to the beginning. fishing or the preparation of fish to or (16) Chetco River Bar, Oreg.: From a from a fishing, fish processing, or fish point on the shoreline at 42°02′35′ N., tender vessel or a fish processing facil- 124°17′20′ W. thence southeastward to ity. 42°01′45′ N., 124°16′30′ W. thence (8) Fishing vessel means a vessel that northwestward to a point on the shore- commercially engages in the catching, line at 42°02′10′ N., 124°15′35′ W. thence taking, or harvesting of fish or an ac- northwestward along the shoreline tivity that can reasonably be expected thence northward along the east shore- to result in the catching, taking, or line of the channel entrance to 42°02′47′ harvesting of fish. N., 124°16′03′ W. thence northward along (9) Readily accessible means equip- the west face of the inner jetty and ment that is taken out of stowage and east shoreline of the channel entrance is available within the same space as to the highway bridge thence westward any person for immediate use during to the west shoreline of the channel at an emergency. the highway bridge thence southward (10) Recreational vessel is any vessel along the west shoreline of the channel manufactured or used primarily for thence westward along the seaward non-commercial use or leased, rented, shoreline to the beginning. or chartered to another for the latter’s

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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 Coast Guard search and rescue re- (B) That is chartered with the crew sources as determined by the COTP. provided or specified by the owner or When a bar is closed, the operation of the owner’s representative and car- any vessel in the regulated navigation rying not more than six passengers. area established in paragraph (a) of (13) Unsafe condition exists when the this section in which the closed bar is wave height within a regulated naviga- located is prohibited unless specifically tion area identified in paragraph (a) of authorized by the COTP or his des- this section is equal to or greater than ignated representative. For bars having the maximum wave height determined deep draft vessel access, the COTP will by the formula L/10 + F = W where: 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 (iii) The Coast Guard will notify the the intersections of this line with the public of bar restrictions and bar clo- vertical planes of the stem and stern pro- files excluding deckhouses and equip- sures via a Broadcast Notice to Mari- ment. ners on VHF–FM Channel 16 and 22A. F = The minimum freeboard when measured Additionally, Coast Guard personnel in feet from the lowest point along the may be on-scene to advise the public of upper strake edge to the surface of the any bar restrictions and/or closures. water. (2) Safety requirements for recreational W = Maximum wave height in feet to the vessels. The operator of any rec- nearest highest whole number. reational vessel operating in a regu- (c) Regulations—(1)(i) Bar restriction. lated navigation area established in Passage across the bars located in the paragraph (a) of this section shall en- regulated navigation areas established sure that whenever their vessel is being in paragraph (a) of this section will be towed or escorted across a bar by the restricted for recreational and Coast Guard all persons located in any uninspected passenger vessels as deter- unenclosed areas of their vessel are mined by the Captain of the Port wearing lifejackets and that lifejackets (COTP) or his designated representa- are readily accessible for/to all persons tive. In making this determination, the located in any enclosed areas of their COTP or his designated representative vessel. will determine whether an unsafe con- (3) Safety requirements for Uninspected dition exists for such vessels as defined Passenger Vessels (UPV). (i) The master in paragraph (b) of this section. Addi- or operator of any uninspected pas- tionally, the COTP or his designated senger vessel operating in a regulated representative will use their profes- navigation area established in para- sional maritime experience and knowl- graph (a) of this section shall ensure edge of local environmental conditions that all persons located in any

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unenclosed areas of their vessel are the persons on their vessel must wear wearing lifejackets and that lifejackets lifejackets, however, then the master are readily accessible for/to all persons or operator must comply with the safe- located in any enclosed areas of their ty requirements provided in paragraph vessel: (c)(4)(i) of this section in their en- (A) When crossing the bar and a bar tirety. restriction exists for recreational ves- (iii) The master or operator of any sels of the same length or small passenger vessel operating in a (B) Whenever their vessel is being regulated navigation area established towed or escorted across the bar by the in paragraph (a) of this section during Coast Guard. the conditions described in paragraph (ii) The master or operator of any (c)(4)(i)(A) of this section shall contact uninspected passenger vessel operating the Coast Guard on VHF–FM Channel in a regulated navigation area estab- 16 or 22A prior to crossing the bar be- lished in paragraph (a) of this section tween sunset and sunrise. The master during the conditions described in or operator shall report the following: paragraph (c)(3)(i)(A) of this section (A) Vessel name, shall contact the Coast Guard on VHF– (B) Vessel location or position, FM Channel 16 or 22A prior to crossing (C) Number of persons onboard the the bar between sunset and sunrise. vessel, and The master or operator shall report the (D) Vessel destination. following: (5) Safety requirements for Commercial (A) Vessel name, Fishing Vessels (CFV). (i) The master or (B) Vessel location or position, operator of any commercial fishing (C) Number of persons onboard the vessel operating in a regulated naviga- vessel, and tion area established in paragraph (a) (D) Vessel destination. of this section shall ensure that all per- (4) Safety requirements for Small Pas- sons located in any unenclosed areas of senger Vessels (SPV). (i) The master or their vessel are wearing lifejackets or operator of any small passenger vessel immersion suits and that lifejackets or operating in a regulated navigation immersion suits are readily accessible area established in paragraph (a) of for/to all persons located in any en- this section shall ensure that all per- closed spaces of their vessel: sons located in any unenclosed areas of (A) When crossing the bar and a bar their vessel are wearing lifejackets and restriction exists for recreational ves- that lifejackets are readily accessible sels or uninspected passenger vessels of for/to all persons located in any en- the same length or closed areas of their vessel: (B) Whenever their vessel is being (A) When crossing the bar and a bar towed or escorted across the bar by the restriction exists for recreational ves- Coast Guard. sels or uninspected passenger vessels of (ii) The master or operator of any the same length or commercial fishing vessel operating in (B) Whenever their vessel is being a regulated navigation area established towed or escorted across the bar by the in paragraph (a) of this section during Coast Guard. the conditions described in paragraph (ii) Small passenger vessels with bar (c)(5)(i)(A) of this section shall contact crossing plans that have been reviewed the Coast Guard on VHF–FM Channel by and accepted by the Officer in 16 or 22A prior to crossing the bar be- Charge, Marine Inspection (OCMI) are tween sunset and sunrise. The master exempt from the safety requirements or operator shall report the following: provided in paragraph (c)(4)(i) of this (A) Vessel name, section during the conditions described (B) Vessel location or position, in paragraph (c)(4)(i)(A) of this section (C) Number of persons onboard the so long as when crossing the bar the vessel, and master or operator ensures that all (D) Vessel destination. persons on their vessel wear lifejackets (6) All persons and vessels within the in accordance with their bar crossing regulated navigation areas established plan. If the vessel’s bar crossing plan in paragraph (a) of this section must does not specify the conditions when comply with the orders of Coast Guard

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personnel. Coast Guard personnel in- W thence to 45°36′ 07.172″ N/122°46′ clude commissioned, warrant, and 31.868″ W thence to 45°36′ 07.883″ N/ petty officers of the United States 122°46′ 32.316″ W thence to 45°36′ 08.370″ Coast Guard. N/122°46′ 32.927″ W thence to 45°36′ [USCG–2008–1017, 74 FR 59101, Nov. 17, 2009, as 08.775″ N/122°46′ 33.888″ W thence to amended at 75 FR 10688, Mar. 9, 2010; 75 FR 45°36′ 09.121″ N/122°46′ 35.337″ W thence 18055, Apr. 9, 2010; 75 FR 41988, July 20, 2010] to 45°36′ 09.230″ N/122°46′ 36.166″ W thence to 45°36′ 09.442″ N/122°46′ 37.759″ § 165.1326 Regulated Navigation Areas; W thence to 45°36′ 09.865″ N/122°46′ Port of Portland Terminal 4, Wil- ″ ° ′ ″ lamette River, Portland, OR. 39.511 W thence to 45 36 10.421 N/ 122°46′ 39.469″ W thence to 45°36′ 10.634″ (a) Regulated navigation areas. Each of N/122°46′ 39.056″ W. the following areas is a regulated navi- (b) Regulations. All vessels are prohib- gation area: (1) All waters of the Willamette River ited from anchoring, dragging, dredg- in the head of the Port of Portland’s ing, or trawling in the regulated navi- Terminal 4 Slip 3, encompassed by a gation areas established in paragraph line commencing at 45°36′ 01.861″ N/ (a) of this section. 122°46′ 20.995″ W thence to 45°36′ 01.455 N/ [USCG–2009–0370, 75 FR 20525, Apr. 20, 2010] 122°46′ 20.887″ W thence to 45°36′ 00.993″ N/122°46′ 20.714″ W thence to 45°36′ § 165.1327 Security Zone; escorted U.S. 00.725″ N/122°46′ 20.923″ W thence to Navy submarines in Sector Seattle 45°36′ 00.731″ N/122°46′ 21.262″ W thence Captain of the Port Zone. ° ′ ″ ° ′ ″ to 45 36 00.712 N/122 46 21.823 W (a) Location. The following area is a thence to 45°36′ 01.230″ N/122°46′ 22.048″ security zone: All waters within 1000 W thence to 45°36′ 01.651″ N/122°46′ yards of any U.S. Navy submarine that 22.168″ W thence to 45°36′ 01.684″ N/ is operating in the Sector Puget Sound 122°46′ 22.372″ W thence to 45°36′ 01.873″ N/122°46′ 22.303″ W thence to 45°36′ Captain of the Port Zone, as defined in 02.065″ N/122°46′ 21.799″ W thence to 33 CFR Section 3.65–10, and is being es- 45°36′ 01.989″ N/122°46′ 21.574″ W thence corted by the Coast Guard. to 45°36′ 01.675″ N/122°46′ 21.483″ W (b) Regulations. In accordance with thence to 45°36′ 01.795″ N/122°46′ 21.442″ the general regulations in 33 CFR Sec- W thence to 45°36′ 01.861″ N 122°46′ tion 165, Subpart D, no person or vessel 20.995″ W. may enter or remain in the security (2) All waters of the Willamette River zone created by paragraph (a) of this in Wheeler Bay between Slip 1 and Slip section unless authorized by the Coast 3 in the Port of Portland’s Terminal 4, Guard patrol commander. The Coast encompassed by a line commencing at Guard patrol commander will coordi- 45°36′ 10.634″ N/122°46′ 39.056″ W thence nate with Vessel Traffic System users to 45°36′ 10.269″ N/122°46′ 37.140″ W on a case-by-case basis to make appro- thence to 45°36′ 10.027″ N/122°46′ 36.050″ priate passing arrangements under the W thence to 45°36′ 09.722″ N/122°46′ circumstances. 33 CFR Section 165, ″ ° ′ ″ 34.181 W thence to 45 36 09.425 N/ Subpart D, contains additional provi- ° ′ ″ ° ′ ″ 122 46 33.118 W thence to 45 36 08.960 sions applicable to the security zone ° ′ ″ ° ′ N/122 46 32.150 W thence to 45 36 created in paragraph (a) of this section. 08.653″ N/122°46′ 31.681″ W thence to (c) Notification. The Coast Guard se- 45°36′ 08.191″ N/122°46′ 31.341″ W thence curity escort will attempt, when nec- to 45°36′ 07.886″ N/122°46′ 31.269″ W thence to 45°36′ 07.517″ N/122°46′ 31.038″ essary and practicable, to notify any W thence to 45°36′ 07.235″ N/122°46′ persons or vessels inside or in the vi- 31.066″ W thence to 45°36′ 07.040″ N/ cinity of the security zone created in 122°46′ 30.941″ W thence to 45°36′ 06.697″ paragraph (a) of this section of its ex- N/122°46′ 30.987″ W thence to 45°36′ istence via VHF Channel 16 and/or any 06.509″ N/122°46′ 31.251″ W thence to other means reasonably available. ° ′ ″ ° ′ ″ 45 36 06.201 N/122 46 31.517 W thence [USCG–2009–1057, 75 FR 28204, May 20, 2010, as ° ′ ″ ° ′ ″ to 45 36 06.081 N/122 46 1.812 W thence amended by USCG–2010–0351, 75 FR 47212, to 45°36′ 06.550″ N/122°46′ 32.124″ W Aug. 5, 2010] thence to 45°36′ 06.970″ N/122°46′ 31.895″

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§ 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 existence via VHF Channel 16 and/or the waiver, and any proposed pre- any other means reasonably available. cautionary measures, the COTP may authorize a waiver from this section if [USCG–2009–1058, 75 FR 27640, May 18, 2010] the COTP determines that the activity for which the waiver is sought can take § 165.1329 Regulated Navigation Area; Thea Foss and Wheeler-Osgood Wa- place without undue risk to the reme- terways EPA Superfund Cleanup diation efforts described in paragraph Site, Commencement Bay, Tacoma, (b)(1) of this section. The COTP will WA. consult with EPA in making this deter- (a) Regulated areas. The following mination when necessary and prac- areas are regulated navigation areas: ticable. (1) All waters of the Thea Foss Wa- [USCG–2008–0747, 75 FR 76281, Dec. 8, 2010] terway bounded by a line connecting the following points: Point 1: § 165.1330 Safety Zone; Fleet Week 47°15′43.49″ N, 122°26′23.29″ W; Point 2: Maritime Festival, Pier 66, Elliott 47°15′44.59″ N, 122°26′19.89″ W; Point 3: Bay, Seattle, Washington. 47°15′39.01″ N, 122°26′15.99″ W; Point 4: (a) Location. The following area is a 47°15′37.91″ N, 122°26′19.39″ W. [Datum: safety zone: All waters extending 100 NAD 1983]. yards from Pier 66, Elliott Bay, WA (2) All waters of the Thea Foss Wa- within a box encompassed by the terway bounded by a line connecting points, 47°36.719′ N, 122°21.099′ W; the following points: Point 1: 47°36.682′ N, 122°21.149′ W; 47°36.514′ N, 47°15′22.74″ N, 122°25′57.15″ W; Point 2: 122°20.865′ W; and 47°36.552′ N, 122°20.814′ 47°15′22.52″ N, 122°26′0.18″ W; Point 3: W. 47°15′18.05″ N, 122°25′59.48″ W; Point 4: (b) Regulations. In accordance with 47°15′18.26″ N, 122°25′56.45″ W. [Datum: the general regulations in 33 CFR Part NAD 1983]. 165, Subpart C, no vessel operator may

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enter, transit, moor, or anchor within shall indicate the reason why move- this safety zone, except for vessels au- ment within the safety zone is nec- thorized by the Captain of the Port or essary and the vessel’s arrival and/or Designated Representative, thirty min- departure facility name, pier and/or utes prior to the beginning, during and berth. Vessel operators granted permis- thirty minutes following the conclusion to enter this safety zone will be sion of the Parade of Ships. For the escorted by the on-scene patrol until purpose of this rule, the Parade of no longer within the safety zone. Ships includes both the pass and review (d) Enforcement period. This rule is en- of the ships near Pier 66 and the aerial forced annually during the parade of demonstrations immediately following ships which typically occurs on a the pass and review. The Captain of the Wednesday during the last week of Port may be assisted by other federal, July or the first week in August from state, or local agencies as needed. 8 a.m. until 8 p.m. unless cancelled (c) Authorization. In order to transit sooner by the Captain of the Port. through this safety zone, authorization [USCG–2010–0062, 76 FR 30018, May 24, 2011] must be granted by the Captain of the Port, Puget Sound, or their Designated § 165.1332 Safety Zones; annual fire- Representative. All vessel operators de- work displays within the Captain of siring entry into this safety zone shall the Port, Puget Sound Area of Re- gain authorization by contacting ei- sponsibility. ther the on-scene U.S. Coast Guard pa- (a) Safety Zones. The following areas trol craft on VHF Ch 13 or Ch 16, or are designated safety zones: Coast Guard Sector Puget Sound Joint (1) All waters of Puget Sound, Wash- Harbor Operations Center (JHOC) via ington, extending to a 450 yard radius telephone at (206) 217–6002. Requests 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°17.103′ N 122°28.410′ W City of Anacortes ...... Fidalgo Bay ...... 48°30.016′ N 122°36.154′ 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°30.386′ N 122°12.502′ 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°37.142′ N 122°30.397′ 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°45.25′ N 122°15.75′ 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 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°24.0′ N 122°27.0′ 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°05.362′ N 119°47.147′ W Port Angeles ...... Port Angeles Harbor ...... 48°07.033′ N 123°24.967′ W Port Townsend Sunrise Rotary ...... Port Townsend ...... 48°08.413′ N 122°45.531′ W Friday Harbor Independence ...... Friday Harbor ...... 48°32.255′ N 123°0.654′ 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

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

Event name (typically) Event location Latitude Longitude

Chase Family Fourth at Lake Union ...... Lake Union ...... 47°38.418′ N 122°20.111′ W Port Ludlow Fireworks ...... Port Ludlow ...... 47°55.161′ N 122°41.157′ W Boston Harbor 4th of July ...... Boston Harbor ...... 47°08.626′ N 122°54.149′ W Everett 4th of July ...... Port Gardner ...... 48°00.672′ N 122°13.391′ W

(2) [Reserved] (d) Regulations. In accordance with (b) Special requirements. Firework the general regulations in 33 CFR part barges or launch sites on land used in 165, subpart C, no vessel operator may locations stated in this rule shall dis- enter, transit, moor, or anchor within play a sign. The sign will be affixed to this safety zone, except for vessels au- the port and starboard side of the barge thorized by the Captain of the Port or or mounted on a post 3 feet above Designated Representative. ground level when on land and in close (e) Authorization. All vessel operators proximity to the shoreline facing the who desire to enter the safety zone water labeled ‘‘FIREWORKS–DAN- must obtain permission from the Cap- GER–STAY AWAY.’’ This will provide tain of the Port or Designated Rep- on-scene notice that the safety zone is, resentative by contacting either the or will, be enforced on that day. This on-scene patrol craft on VHF Ch 13 or notice will consist of a diamond shaped Ch 16 or the Coast Guard Sector Se- sign, 4 foot by 4 foot, with a 3 inch or- attle Joint Harbor Operations Center ange retro-reflective border. The word (JHOC) via telephone at (206) 217–6002. ‘‘DANGER’ shall be 10 inch black block (f) Enforcement period. This rule will letters centered on the sign with the be enforced from 5 p.m. until 1 a.m. words ‘‘FIREWORKS’’ and ‘‘STAY each day a barge with a ‘‘FIRE- AWAY’’ in 6 inch black block letters WORKS–DANGER–STAY AWAY’’ sign placed above and below the word is located within any of the above des- ‘‘DANGER’’ respectively on a white ignated safety zone locations and background. An on-scene patrol vessel meets the criteria established in sec- will enforce these safety zones 30 min- tion (b), within the following time- utes prior to the start and 30 minutes frames: after the conclusion of the fireworks (1) The last two weeks of December display. until the conclusion of the first week- (c) Notice of enforcement. These safety end of January. zones will be activated and thus sub- (2) The last weekend of June until ject to enforcement, under the fol- the conclusion of the third week of lowing conditions: the Coast Guard July. must receive and approve a marine (3) The second weekend of August event permit for each firework display until the conclusion of the fourth week and then the Captain of the Port will of August. cause notice of the enforcement of (4) The first weekend of September these safety zones to be made by all ap- until the conclusion of the third week propriate means to provide notice to of September. the affected segments of the public as (5) The first weekend of December. practicable, in accordance with 33 CFR (g) Contact information. Questions 165.7(a). The Captain of the Port will about safety zones and related events issue a Broadcast Notice to Mariners should be addressed to COMMANDER and Local Notice to Mariners notifying (spw), U.S. COAST GUARD SECTOR, the public of activation and suspension Attention: Waterways Management Di- of enforcement of these safety zones. vision, 1519 Alaskan Way South, Se- Additionally, an on-scene Patrol Com- attle, WA 98134–1192. mander will ensure enforcement of this [USCG–2010–0063, 75 FR 33700, June 15, 2010, as safety zone by limiting the transit of amended by USCG–2011–0842, 76 FR 61265, Oct. non-participating vessels in the des- 4. 2011; USCG–2013–0220, 78 FR 29025, May 17, ignated areas described above. 2013]

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§ 165.1333 Security Zones, Seattle’s imum speed necessary to maintain Seafair Fleet Week moving vessels, course must obtain permission from Puget Sound, WA. the COTP or a Designated Representa- (a) Location. The following areas are tive by contacting the on-scene Coast security zones: all navigable waters Guard patrol craft on VHF 13 or Ch 16. within 500 yards of each designated Requests must include the reason why participating vessel while each such movement within this area is nec- vessel is in the Sector Puget Sound essary. Vessel operators granted per- Captain of the Port (COTP) zone, as de- mission to enter the security zones will fined in 33 CFR 3.65–10, during a time be escorted by the on-scene Coast specified in paragraph (e) of this sec- Guard patrol craft until they are out- tion. The Coast Guard will publish a side of the security zones. notice in the FEDERAL REGISTER each (e) Annual enforcement period. The se- year at least 03 days before the start of curity zones described in paragraph (a) the Seattle Seafair Fleet Week to iden- of this section will be enforced during tify the designated participating ves- Seattle Seafair Fleet Week each year sels for that year. The Coast Guard will for a period of up to one week. The Se- also provide this information in the attle Seafair Fleet Week will occur Local Notice to Mariners. sometime between July 25 and August (b) Definitions. For purposes of this 14. The annual FEDERAL REGISTER no- section— tice identifying the designated partici- Designated participating vessel means a pating vessels will also identify the military vessel participating in the Se- specific dates of the event for that attle Seafair Fleet Week that has been year. designated by the Sector Puget Sound [USCG–2011–1126, 77 FR 40524, July 10, 2012] COTP in accordance with this section. Designated representative means any § 165.1334 Security Zone; U.S. Coast Coast Guard commissioned, warrant, or Guard BSU Seattle, Pier 36, Elliot petty officer who has been designated Bay, Seattle, WA. by the COTP to implement or enforce (a) Location. The following area is a this section. security zone: All waters in Elliot Bay Seattle Seafair Fleet Week means an east of a line from 47°35′26.67″ N annual event involving a parade of U.S. 122°20′34.84″ W to 47°35′23.69″ N Navy, U.S. Coast Guard, and foreign 122°20′34.77″ W at Pier 36, Elliot Bay, military ships in Seattle’s Elliott Bay Seattle, WA. waterfront and tours of those ships (b) Regulations: Under 33 CFR part while docked at Port of Seattle facili- 165, subpart D, no vessel may enter, ties. transit, moor, or anchor within this se- (c) Regulations. Under 33 CFR Part curity zone located at Pier 36, Elliot 165, Subpart D, no person or vessel may Bay, WA, except for vessels authorized enter or remain in the security zones by the Captain of the Port Puget described in paragraph (a) of this sec- Sound or Designated Representative. tion without the permission of the (c) Authorization: To request author- COTP or a designated representative. ization to operate within this security The COTP has granted general permis- zone, contact United States Coast sion for vessels to enter the outer 400 Guard Sector Puget Sound Joint Har- yards of the security zones as long as bor Operations Center at 206–217–6001. those vessels within the outer 400 yards [USCG–2010–0021, 75 FR 53196, Aug. 31, 2010, as of the security zones operate at the amended at 75 FR 67032, Nov. 1, 2010] minimum speed necessary to maintain course unless required to maintain § 165.1335 Security Zone; Vessels Car- speed by the navigation rules. The rying Hazardous Cargo, Sector Co- COTP may be assisted by other federal, lumbia River Captain of the Port state or local agencies with the en- Zone. forcement of the security zones. (a) Location. The following area is a (d) Authorization. All vessel operators security zone: All waters within 500 who desire to enter the inner 100 yards yards, in all directions, of any vessel of the security zones or transit the carrying hazardous cargo, as deter- outer 400 yards at greater than min- mined by the Captain of the Port

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(COTP) Columbia River, while such a (b) Regulations. (1) All vessels and vessel is located in the Sector Colum- persons are prohibited from activities bia River COTP Zone as defined in 33 that would disturb the seabed, such as CFR 3.65–15 and the COTP Columbia anchoring, dragging, trawling, spud- River determines that a security zone ding, or other activities that involve is necessary and enforcement of the se- disrupting the integrity of the sedi- curity zone is practicable. ment caps installed in the designated (b) Regulations. (1) In accordance with regulated navigation area, pursuant to the general regulations in 33 CFR part the remediation efforts of the U.S. En- 165, Subpart D, no person or vessel may vironmental Protection Agency (EPA) enter or remain in a security zone cre- and others in the Pacific Sound Re- ated by this section without the per- sources and Lockheed Shipyard EPA mission of the COTP Columbia River or superfund sites. Vessels may otherwise his/her designated representative. Des- transit or navigate within this area ignated representatives are Coast without reservation. Guard personnel authorized by the (2) The prohibition described in para- COTP Columbia River to grant persons graph (b)(1) of this section does not or vessels permission to enter or re- apply to vessels or persons engaged in main in a security zone created by this activities associated with remediation section. Subpart D of 33 CFR part 165 efforts in the superfund sites, provided contains additional provisions applica- that the Captain of the Port, Puget ble to a security zone created by this Sound (COTP), is given advance notice section. of those activities by the EPA. (3) Nothing in this section is intended (2) To request permission to enter a to conflict with treaty fishing rights of security zone created by this section, the Muckleshoot and Suquamish contact Coast Guard Sector Columbia tribes, and they are not restricted from River at telephone number 503–861–6212 any type of fishing in the described or via VHF channel 16 (156.8 MHz) or area. VHF channel 22 (157.1 MHz). (c) Waivers. Upon written request (c) Notification. When a security zone stating the need and proposed condi- is created by this section, one or more tions of the waiver, and any proposed Coast Guard vessels will be present to precautionary measures, the COTP enforce the security zone and the COTP may authorize a waiver from this sec- Columbia River will issue a local tion if the COTP determines that the broadcast notice to mariners. activity for which the waiver is sought [USCG–2009–1134, 76 FR 28317, May 17, 2011] can take place without undue risk to the remediation efforts described in § 165.1336 Regulated Navigation Area; paragraph (b)(1) of this section. The Pacific Sound Resources and COTP will consult with EPA in making LockheedShipyard Superfund Sites, this determination when necessary and Elliott Bay, Seattle, WA. practicable. (a) Regulated areas. The following [USCG–2010–1145, 77 FR 21435, Apr. 10, 2012] areas are regulated navigation areas: (1) All waters inside an area begin- § 165.1337 Regulated Navigation Area, ning at a point on the shore at 47°35′ Zidell Waterfront Property, Willam- 02.7″ N 122°22′23.00″ W; thence north to ette River, OR. 47°35′26.00″ N 122°22′23.00″ W; thence east (a) Regulated navigation area. The fol- to 47°35′26.00″ N 122°21′52.50″ W; thence lowing area is a regulated navigation south to 47°35′10.80″ N 122°21′52.50″ W; area: All waters within the area bound- thence southwest to a point on the ed by the following points: 45°29′55.12″ shoreline at 47°35′05.9″ N 122°21′58.00″ W. N/122°40′2.19″ W; thence continuing to [Datum: NAD 1983]. 45°29′55.14″ N/122°39′59.36″ W; thence con- (2) All waters inside an area begin- tinuing to 45°29′56.30″ N/122°39 59.09″ W; ning at 47°34′ 52.16″ N 122°21′27.11″ W; thence continuing to 45°29′57.51″ N/ thence to 47°34′ 53.46″ N 122°21′30.42″ W; 122°39′59.64″ W; thence continuing to thence to 47°34′ 37.92″ N 122°21′30.51″ W; 45°29′58.72″ N/122°39′59.64″ W; thence con- thence to 47°34′ 37.92″ N 122°21′27.65″ W. tinuing to 45°30′0.52″ N/122°39′59.94″ W; [Datum: NAD 1983]. thence continuing to 45°30′1.95″ N/

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122°40′0.46″ W; thence continuing to ment period must request permission 45°30′3.44″ N/122°40′0.78″ W; thence con- for entry by contacting the on-scene tinuing to 45°30’ 4.87″ N/122°40’ 0.95″ W; patrol commander on VHF channel 13 thence continuing to 45°30′7.33″ N/ or 16, or the Sector Puget Sound Joint 122°40′1.80″ W; thence continuing to Harbor Operations Center at (206) 217– 45°30′8.11″ N/122°40′2.69″ W; thence con- 6001. tinuing to 45°30′8.83″ N/122°40′3.81″ W; (c) Definition. Training exercises are thence continuing to 45°30′13.06″ N/ defined as full scale exercises that are ° ′ ″ 122 40 5.39 W; thence continuing to significant in nature and involve mul- ° ′ ″ ° ′ ″ 45 30 15.30 N/122 40 6.93 W; thence con- tiple units and vessels. This safety zone ° ′ ″ ° ′ ″ tinuing to 45 30 17.78 N/122 40 8.16 W; will not be utilized by operations and ° ′ ″ thence continuing to 45 30 20.53 N/ training which is conducted daily or is 122°40′9.07″ W; thence continuing to routine in nature. 45°30′20.90″ N/122°40′11.52″ W; thence continuing to 45°30′24.04″ N/122°40′12.53″ W; (d) Enforcement period. The safety thence continuing to 45°30′23.79″ N/ zone described in paragraph (a) of this 122°40′14.87″ W; thence continuing along section would be enforced by the Cap- the shoreline to 45°29′55.12″ N/122°40′2.19″ tain of the Port only upon notice. No- W. Geographically the regulated navi- tice of enforcement by the Captain of gation area covers all waters adjacent the Port will be provided 45 days prior to the Zidell Waterfront Property on to execution of the exercise by all ap- the Willamette River extending from propriate means, in accordance with 33 the west bank of the river out 200 to 400 CFR 165.7(a). Such means will include feet into the river depending on the publication in the FEDERAL REGISTER, exact location between approximate and may also include Broadcast Notice river mile 14.2 near the Ross Island to Mariners, Local Notice to Mariners, Bridge and approximate river mile 13.5 or both. near the Marquam Bridge. [USCG–2012–0900, 78 FR 8029, Feb. 7, 2013] (b) Regulations. All vessels are prohibited from anchoring, dragging, dredg- FOURTEENTH COAST GUARD DISTRICT ing, or trawling in the regulated navigation area established by this section. § 165.14–1414 Safety Zones; Hawaiian See 33 CFR part 165, subpart B, for ad- Islands Commercial Harbors; HI. ditional information and requirements. (a) Location. The following commer- [USCG–2011–0254, 77 FR 19546, Apr. 2, 2012] cial harbors are safety zones: (1) All waters of Nawiliwili Harbor, § 165.1339 Safety Zone; Coast Guard Kauai inland from a line drawn be- Exercise Area, Hood Canal, Wash- ° ′ ″ ° ′ ″ ° ington. tween 21 56 58 N, 159 21 28 W and 21 57′11″ N, 159° 21′10″ W; (a) Location. The following area is a (2) All waters of Port Allen, Kauai safety zone: All waters encompassed immediately adjacent to the Depart- within 500 yards of any vessel that is ment of Transportation commercial involved in a Coast Guard training ex- ° ′ ″ ° ′ ″ ercise while such vessel is transiting pier (located at 21 53 59 N, 157 35 21 Hood Canal, WA between Foul Weather W) extending out to 100 yards from the Bluff and the entrance to Dabob Bay. piers faces; Vessels involved will be various sizes (3) All waters of Barber’s Point Har- and can be identified as those flying bor, Oahu inland from a line drawn be- the Coast Guard Ensign. tween 21° 19′30″ N, 158° 07′14″ W and 21° (b) Regulations. In accordance with 19′18″ N, 158° 07′18″ W; the general regulations in 33 CFR Part (4) All waters of Honolulu Harbor, 165, Subpart C, no person may enter or Oahu inland from a line drawn between remain in the safety zone created in 21° 17′56″ N, 157° 52′15″ W and 21° 17′45″ N, this rule unless authorized by the Cap- 157° 52′10″ W; tain of the Port or a Designated Rep- (5) All waters of Kaunakakai Harbor, resentative. See 33 CFR Part 165, Sub- immediately adjacent to the Inter- part C, for additional information and island Cargo Terminal or Ferry Ter- requirements. Vessel operators wishing minal Pier out to 100 yards of the west to enter the zone during the enforce- face of the pier;

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(6) All waters of Kaumalapau Harbor, to mariners, notices of enforcement, Lanai inland from a line drawn be- press releases and the Coast Guard’s tween 20° 47′10″ N, 156° 59′32″ W and 21° Homeport Web site. Following the pas- 47′01″ N, 156° 59′31″ W; sage of the tsunami or tsunami threat (7) All waters of Kahului Harbor, and harbor assessments as required, de- Maui inland from a line drawn between activation of these safety zones will be 20° 54′01″ N, 156° 28′26″ W and 20° 54′02″ N, conducted through radio broadcast by 156° 28′18″ W; the U.S. Coast Guard. (8) All waters of Kawaihae Harbor, (d) Penalties. Vessels or persons vio- Hawaii immediately adjacent to com- lating this rule would be subject to the mercial piers 1 and 2 extending out to penalties set forth in 33 U.S.C. 1232. 100 yards from the piers faces. [USCG–2013–0021, 78 FR 63383, Oct. 24, 2013] (9) All waters of Hilo Harbor, Hawaii immediately adjacent to commercial § 165.1401 Apra Harbor, Guam—safety piers 1 and 2 extending out to 100 yards zones. from the piers faces. (a) The following is designated as (10) The activation of these safety Safety Zone A—The waters of the Pa- zones may include any combination of cific Ocean and Apra Outer Harbor en- these harbors, or all of these harbors, compassed within an arc of 725 yards dependent upon details in the tsunami radius centered at the center of Wharf warning. These safety zones extend H. (Located at 13°27′47″ N and from the surface of the water to the 144°39′01.9″ E. Based on World Geodetic ocean floor. System 1984 Datum) (b) Regulations. When the safety zones (b) The following is designated Safe- are activated and, therefore, subject to ty Zone B—The waters of Apra Outer enforcement, no person or vessel may Harbor encompassed within an arc of enter or remain in the safety zone ex- 680 yards radius centered at the center cept for support vessels, support per- of Naval Wharf Kilo. (Located at sonnel, and other vessels authorized by 13°26′43″ N, 144°37′46.7″ E. Based on the Captain of the Port, Sector Hono- World Geodetic system 1984 Datum) lulu (COTP), or a designated representative of the COTP. All commercial ves- (c) Special regulations. (1) Section sels must evacuate the harbor and 165.23 does not apply to Safety Zone A transit seaward beyond the 50 fathom and/or Safety Zone B, except when (300 foot) curve. These commercial har- Wharf H and/or Naval Wharf Kilo, or a bors will remain closed to all vessel berthed at Wharf H and/or Naval transiting vessels until the Captain of Wharf Kilo, is displaying a red the Port Honolulu lifts the evacuation (BRAVO) flag by day or a red light by order. All other applicable regulations night. in 33 CFR 165 remain in effect and sub- (2) In accordance with the general ject to enforcement. You may contact regulations in 165.23 of this part, entry the Coast Guard on VHF Channel 16 into these zones is prohibited unless (156.800 MHz) or at telephone number authorized by the Captain of the Port, 808–842–2600 to obtain clarification on Guam. safety zone transits and locations. [COTP Guam Reg. 89–001, 55 FR 18725, May 4, Coast Guard patrol boats will be en- 1990] forcing the safety zones and providing on-scene direction. Any vessel not ca- § 165.1402 Apra Outer Harbor, Guam— pable of evacuating must contact the regulated navigation area. Coast Guard Sector Command Center (a) The following is a regulated navi- at (808) 842–2601 to request a waiver gation area—The waters of the Pacific from evacuating the harbor. Ocean and Apra Outer Harbor enclosed (c) Enforcement period. Paragraph (b) by a line beginning at latitude 13°26′47″ of this section will be enforced when a N, longitude 144°35′07″ E; thence to tsunami warning has been issued for Spanish Rocks at latitude 13°27′09.5″ N, the Hawaiian Islands. The COTP will longitude 144°37′20.6″ E; thence along notify the public of any enforcement the shoreline of Apra Outer Harbor to through the following means to ensure latitude 13°26′28.1″ N, longitude the widest publicity: Broadcast notice 144°39′52.5″ E (the northwest corner of

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

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§ 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 when the escorted vessel is in transit Apra Harbor, Guam (including and becomes a fixed zone when the es- Cabras Island Channel), and corted vessel is anchored or moored. A Tanapag Harbor, Saipan, Common- wealth of the Northern Mariana Is- security zone will not extend beyond lands (CNMI). the boundary of the RNA in this section. (a) Regulated navigation area. The fol- (c) Definitions. As used in this sec- lowing areas, designated by coordi- tion: nates referencing World Geodetic (1) Designated representative means Datum (1984), are regulated navigation any Coast Guard commissioned, war- areas (RNAs). rant, or petty officer that has been au- (1) Philippine Sea, Guam—All waters thorized to act on behalf of the COTP. from the surface to the bottom of the (2) Escorted Vessel means any vessel Philippine Sea, Guam, encompassed by operating in the RNA deemed by the lines connecting the following points, COTP to be in need of escort protection beginning at 13°27′10″ N, 144°35′05″ E, for security reasons or under other cir- thence easterly to 13°27′17″ N, 144°37′27″ 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. (4) Vessel means every description of (3) Tanapag Harbor, Saipan—The watercraft or other artificial contriv- waters from surface to bottom of ance used, or capable of being used, as Tanapag Harbor, Saipan (CNMI), en- a means of transportation on water, ex- compassed by lines connecting the fol- cept U.S. Coast Guard or U.S. naval lowing points, beginning at 15°12′10″ N, vessels. 145°40′28″ E, thence north easterly to (d) Regulations. (1) No person or ves- 15°14′08″ N, 145°42′00″ E, thence due east sel may enter into the security zones to 15°14′08″ N, 145°44′02″ E, thence south under this section unless authorized by easterly to 15°13′54″ N, 144°44′20″ E, the COTP Guam or a designated rep- thence south westerly along the shore- resentative. line to 15°13′11″ N, 145°43′01″ E, thence (2) A vessel in the RNA established south westerly to 15°12′10″ N, 145°40′28″ under paragraph (a) of this section op- E. erating within 500 yards of an escorted (4) Cabras Island Channel, Guam—All vessel must proceed at a minimum waters from surface to bottom of speed necessary to maintain a safe Cabras Island Channel, Guam, begin- course, unless required to maintain ning at point 13°27′34″ N, 144°39′39″ E speed by the navigation rules. and extending south easterly to posi- (3) When an escorted vessel in the tion 13°27′24″ N, 144°39′59″ E then head- RNA approaches within 100 yards of a ing easterly along the shoreline to po- vessel that is moored, or anchored in a sition 13°27′31″ N, 144°40′22″ E then head- designated anchorage area, the sta- ing north to position 13°27′37″ N, tionary vessel must stay moored or an- 144°40′22″ E following the shoreline in a chored while it remains within the es- westerly direction back to point of ori- corted vessel’s security zone unless it gin. is either ordered by, or given permis- (b) Security zones. A 100-yard radius sion from the COTP Guam or a des- security zone is established around, ignated representative to do otherwise. and is centered on, each escorted vessel (4) The COTP will inform the public within the regulated navigation areas of the existence or status of the secu- in paragraph (a) of this section. A security zones around escorted vessels in rity zone is activated when an escorted the RNA periodically by Broadcast No- vessel enters an RNA and remains ac- tice to Mariners.

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(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 the those vessels and persons authorized by western edge of Kalihi Channel, thence the Commander, Fourteenth Coast north along the western edge of the Guard District, or the Captain of the channel to day beacon no. 13, thence Port (COTP) Honolulu, Hawaii, when- northwest at a bearing of 332.5°T to ever Strategic Target System (STARS) 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/ (d) The general regulations governing 157°55.58′ W, thence south to 21°16.5′ N/ safety zones contained in 33 CFR 165.23 157°55.58′ W, thence east to 21°16.5′ N/ apply. 157°54.0′ W (the extension of the west- [CGD14 92–05, 57 FR 54508, Nov. 19, 1992, as ern edge of Kalihi Channel), thence amended by CGD 96–026, 61 FR 33669, June 28, north along the western edge of the 1996] channel to Kalihi Channel buoy ‘‘5’’, thence west to 21°18.0′ N/157°55.58′ W. § 165.1407 Security Zones; Oahu, HI. (5) Barbers Point Offshore Moorings. (a) Location. The following areas, All waters around the Tesoro Single from the surface of the water to the Point and the Chevron Conventional ocean floor, are security zones that are Buoy Moorings beginning at 21°16.43′ N/ activated and enforced subject to the 158°06.03′ W, thence northeast to

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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 Federal Aviation Administration regu- representative permitted by law, may lations (14 CFR parts 91 and 99) regard- enforce the rules in this section. ing flight-plan approval is deemed ade- (g) Waiver. The Captain of the Port, quate permission to transit the water- Honolulu may waive any of the re- way security zones described in this quirements of this section for any ves- section. sel or class of vessels upon his or her (d) Notice of enforcement or suspension determination that application of this of enforcement of security zones. (1) The section is unnecessary or impractical security zones described in paragraphs for the purpose of port and maritime (a)(3) (Kalihi Channel and Keehi La- security. goon, Oahu), (a)(4)(i) (Honolulu Inter- (h) Penalties. Vessels or persons vio- national Airport, North Section), lating this section are subject to the

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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 extend- his or her designated representatives. ing 100 yards in all directions from For all seaplane traffic entering or each large passenger vessel in Lahaina, transiting the security zones, compli- Maui, whenever the LPV is within 3 ance with all Federal Aviation Admin- nautical miles of Lahaina Light (LLNR istration regulations (14 CFR parts 91 28460). The security zone around each and 99) regarding flight-plan approval LPV is activated and enforced whether is deemed adequate permission to tran- the LPV is underway, moored, posi- sit the waterway security zones de- tion-keeping, or anchored, and will scribed in this section. continue in effect until such time as (d) Enforcement. Any Coast Guard the LPV departs Lahaina and the 3- commissioned, warrant, or petty offi- mile enforcement area. cer, and any other Captain of the Port (b) Definitions. As used in this sec- representative permitted by law, may tion, large passenger vessel or LPV enforce the rules in this section. means a cruise ship more than 300 feet (e) Waiver. The Captain of the Port, in length that carries passengers for Honolulu may waive any of the re- hire, and any passenger ferry more quirements of this section for any ves- than 300 feet in length that carries pas- sel or class of vessels upon his or her sengers for hire. determination that application of this (c) Regulations. (1) Under 33 CFR section is unnecessary or impractical 165.33, entry into the security zones for the purpose of port and maritime created by this section is prohibited security. unless authorized by the Coast Guard (f) Penalties. Vessels or persons vio- Captain of the Port, Honolulu or his or lating this section are subject to the her designated representatives. 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 must operate at the minimum speed [CGD14–04–116, 70 FR 75040, Dec. 19, 2005, as necessary to maintain a safe course amended by CGD 14–07–001, 72 FR 44777, Aug. and must proceed as directed by the 9, 2007] Captain of the Port or his or her designated representatives. No person is § 165.1409 Security Zones; Hawaii, HI. allowed within 100 yards of an LPV (a) Location. The following areas, that is underway, moored, position- from the surface of the water to the keeping, or at anchor, unless author- ocean floor, are security zones that are

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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. Captain of the Port, Honolulu or his or (f) Penalties. Vessels or persons vio- her designated representative. When lating this section are subject to the authorized passage through a large pas- penalties set forth in 33 U.S.C. 1232 and senger vessel security zone, all vessels 50 U.S.C. 192. must operate at the minimum speed [CGD14–04–116, 70 FR 75041, Dec. 19, 2005, as necessary to maintain a safe course amended by CGD14–07–001, 72 FR 44777, Aug. and must proceed as directed by the 9, 2007] Captain of the Port or his or her designated representatives. No person is § 165.1410 Security Zones; Kauai, HI. allowed within 100 yards of a large pas- (a) Location. The following areas, senger vessel that is underway, from the surface of the water to the moored, position-keeping, or at anchor, ocean floor, are security zones that are

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activated and enforced subject to the mand Center telephone number (808) provisions in paragraph (c): 842–2600 or on VHF channel 16 (156.8 (1) Nawiliwili Harbor, Lihue, Kauai. Mhz) to seek permission to transit the All waters extending 100 yards in all di- area. Written requests may be sub- rections from each large passenger ves- mitted to the Captain of Port, U.S. sel in Nawiliwili Harbor, Kauai, HI or Coast Guard Sector Honolulu, Sand Is- within 3 nautical miles seaward of the land Access Road, Honolulu, Hawaii Nawiliwili Harbor COLREGS DEMAR- 96819, or faxed to (808) 842–2622. If per- CATION (See 33 CFR 80.1450). This is a mission is granted, all persons and ves- moving security zone when the LPV is sels must comply with the instructions in transit and becomes a fixed zone of the Captain of the Port or his or her when the LPV is anchored, position- designated representatives. For all sea- keeping, or moored. plane traffic entering or transiting the (2) Port Allen, Kauai. All waters ex- security zones, compliance with all tending 100 yards in all directions from Federal Aviation Administration regu- each large passenger vessel in Port lations (14 CFR parts 91 and 99) regard- Allen, Kauai, HI or within 3 nautical ing flight-plan approval is deemed ade- miles seaward of the Port Allen quate permission to transit the water- COLREGS DEMARCATION (See 33 way security zones described in this CFR 80.1440). This is a moving security section. zone when the LPV is in transit and be- (d) Enforcement. Any Coast Guard comes a fixed zone when the LPV is an- commissioned, warrant, or petty offi- chored, position-keeping, or moored. cer, and any other Captain of the Port (b) Definitions. As used in this sec- representative permitted by law, may tion, large passenger vessel or LPV enforce the rules in this section. means a cruise ship more than 300 feet (e) Waiver. The Captain of the Port, in length that carries passengers for Honolulu may waive any of the re- hire, and any passenger ferry more quirements of this section for any ves- than 300 feet in length that carries pas- sel or class of vessels upon his or her sengers for hire. determination that application of this (c) Regulations. (1) Under 33 CFR section is unnecessary or impractical 165.33, entry into the security zones for the purpose of port and maritime created by this section is prohibited security. unless authorized by the Coast Guard (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 an LPV se- 50 U.S.C. 192. curity zone, all vessels must operate at [CGD14–04–116, 70 FR 75041, Dec. 19, 2005, as the minimum speed necessary to main- amended by CGD14–07–001, 72 FR 44778, Aug. tain a safe course and must proceed as 9, 2007] directed by the Captain of the Port or his or her designated representative. § 165.1411 Security zone; waters sur- No person is allowed within 100 yards rounding U.S. Forces vessel SBX–1, of a large passenger vessel that is un- HI. derway, moored, position-keeping, or (a) Location. The following area, in at anchor, unless authorized by the U.S. navigable waters within the Hono- Captain of the Port or his or her des- lulu Captain of the Port Zone (see 33 ignated representative. CFR 3.70–10), from the surface of the (2) When conditions permit, the Cap- water to the ocean floor, is a security tain of the Port, or his or her des- zone: All waters extending 500 yards in ignated representative, may permit all directions from U.S. Forces vessel vessels that are at anchor, restricted in SBX–1. The security zone moves with their ability to maneuver, or con- the SBX–1 while it is in transit and be- strained by draft to remain within an comes fixed when the SBX–1 is an- LPV security zone in order to ensure chored, position-keeping, or moored. navigational safety. (b) Regulations. The general regula- (3) Persons desiring to transit the tions governing security zones con- areas of the security zones may contained in 33 CFR 165.33 apply. Entry tact the Captain of the Port at Com- into, transit through, or anchoring

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within this zone while it is activated, created by paragraph (a) of this section and thus subject to enforcement, is unless authorized by the Coast Guard prohibited unless authorized by the patrol commander. The Coast Guard Captain of the Port or a designated patrol commander may be contacted representative thereof. via VHF Channel 16 or other means (c) Suspension of enforcement. The reasonably available. 33 CFR part 165.30 Coast Guard will suspend enforcement and 165.33 contain additional provisions of the security zone described in this applicable to the security zone created section whenever the SBX–1 is within in paragraph (a) of this section. the Honolulu Defensive Sea Area (see 6 (c) Effective period. This rule is effec- FR 6675). tive from 6:00 a.m. on June 12, 2010 Ha- (d) Informational notice. The Captain waiian Standard Time (HST). of the Port of Honolulu will cause no- (d) Notification. The Coast Guard se- tice of the enforcement of the security curity escort will attempt, when nec- zone described in this section to be essary and practicable, to notify any made by broadcast notice to mariners. persons or vessels inside or in the vi- The SBX–1 is easy to recognize because cinity of the security one created in it contains a large white object shaped paragraph (a) of this section of the like an egg supported by a platform zone’s existence via VHF Channel 16 or that is larger than a football field. The other means reasonably available. platform in turn is supported by six (e) Penalties. Vessels or persons vio- pillars similar to those on large oil- lating this rule are subject to the pen- drilling platforms. alties set forth in 33 U.S.C. 1232 and 50 (e) Authority to enforce. Any Coast U.S.C. 192. Guard commissioned, warrant, or petty officer, and any other Captain of the [USCG–2010–0409, 75 FR 33704, June 15, 2010] Port representative permitted by law, may enforce the security zone de- § 165.1413 Regulated navigation area; scribed in this section. Southern Oahu Tsunami Evacu- (f) Waiver. The Captain of the Port ation; Honolulu, Hawaii. may waive any of the requirements of (a) Location. The following area is a this rule for any person, vessel, or class regulated navigation area (RNA): All of vessel upon finding that application waters of the Pacific Ocean south of of the security zone is unnecessary or the southern side of Oahu, HI extend- impractical for the purpose of mari- ing from the surface of the water to the time security. ocean floor, and is bound by a line con- (g) Penalties. Vessels or persons vio- necting the following points: 21°17′14″ lating this rule are subject to the pen- N, 157°55′34″ W; 21°13′30″ N, 157°55′34″ W; alties set forth in 33 U.S.C. 1232 and 50 21°13′30″ N, 157°48′20″ W; 21°14′14″ N, U.S.C. 192. 157°48′20″ W thence westward along the [USCG–2007–0195, 73 FR 13131, Mar. 12, 2008] 50-fathom line to the beginning point. These coordinates are based upon the § 165.1412 Security Zone; escorted U.S. National Oceanic and Atmospheric Ad- Navy submarines in Sector Hono- ministration Coast Survey, Pacific lulu Captain of the Port Zone. Ocean, Oahu, Hawaii, chart 19357. (a) Location. The following area is a (b) Regulations. You may contact the security zone: all waters, from the sur- Coast Guard on VHF Channel 16 (156.800 face to the ocean floor, within 1,000 MHz) or at telephone number 808–842– yards of any U.S. Navy submarine that 2600, to obtain clarification on RNA is transits and locations. Operations per- (1) Operating in the Sector Honolulu mitting, the Coast Guard plans to pro- Captain of the Port Zone, as defined in vide on-scene direction using Coast 33 CFR 3.70–10, and that Guard patrol boats and assets. During (2) Is being escorted by the U.S. the enforcement period persons and Coast Guard. vessels wishing to remain inside the (b) Regulations. In accordance with RNA must abide by the following stipu- the general regulations in 33 CFR 165, lations: Subpart D, no person or vessel may (1) No person or vessel may enter enter or remain in the security zone into an exclusionary area 3.7 nautical

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miles long by 1 nautical mile wide, cen- 21°13′30″ N, 157°54′05″ W; 21°16′48″ N, tered lengthwise and along a line run- 157°52′10″ W and then along the 50-fath- ning seaward at 208 degrees southwest om line to the beginning point. of Honolulu Harbor Front Range Light, (6) All vessels staging in the RNA except to transit to or from the staging must be seaward of the 50-fathom (300 areas or other areas outside the zone. foot) line. Loitering or lingering in the exclu- (c) Enforcement period. Paragraph (b) sionary zone is prohibited. of this section will be enforced when a (2) The Western Recreational Vessel tsunami warning has been issued for Staging area is bound by the following the Hawaiian Islands by the Pacific points: 21°17′14″ N, 157°55′34″ W; 21°13′30″ Tsunami Warning Center. The COTP N, 157°55′34″ W; 21°13′30″ N, 157°55′17″ W; will notify the public of any enforce- 21°16′46″ N, 157°53′23″ W and then along ment, suspension of enforcement, or the 50-fathom line to the beginning termination of enforcement through point. This staging area is intended for appropriate means to ensure the widest recreational vessels departing from and publicity, including the use of broad- returning to the Keehi Lagoon area. cast notice to mariners, notices of en- (3) The Commercial Vessel Staging forcement and press releases. Area is bound by a line connecting the (d) Penalties. Vessels or persons vio- following points: 21°16′48″ N, 157°52′10″ lating this rule are subject to the pen- W; 21°13′30″ N, 157°54′05″ W; 21°13′30″ N, alties set forth in 33 U.S.C. 1232. ° ′ ″ ° ′ ″ ° ′ ″ 157 51 36 W; 21 15 55 N, 157 50 58 W and [USCG–2012–0080, 79 FR 13324, Feb. 28, 2014] then along the 50-fathom line to the beginning point. This staging area is in- SEVENTEENTH COAST GUARD DISTRICT tended for use by all commercial vessels intended to remain in the RNA § 165.1701 Port Valdez, Valdez, Alas- during a tsunami treat. ka—safety zone. (4) The Eastern Recreational Vessel The waters within the following Staging Area is bound by the following boundaries are a safety zone—The area points: 21°15′55″ N, 157°50′58″ W; 21°13′30″ within 200 yards of any waterfront fa- N, 157°51′36″ W; 21°13′30″ N, 157°48′20″ W; cility at the Trans-Alaska Pipeline 21°14′14″ N, 157°48′20″ W and then along Valdez Terminal complex or vessels the 50-fathom line to the beginning moored or anchored at the Trans-Alas- point. The Commercial Vessel Staging ka Pipeline Valdez Terminal complex Area borders this staging area’s west- and the area within 200 yards of any ern edge. The dividing line between the tank vessel maneuvering to approach, Commercial Vessel Staging Area and moor, unmoor, or depart the Trans- the Eastern Recreational Vessel Stag- Alaska Pipeline Valdez Terminal coming Area can be determined visually. plex. The private dayboards located in the Ala Wai Small Boat Harbor and the La § 165.1702 Gastineau Channel, Juneau, Ronde Rotating Restaurant roof top Alaska—safety zone. restaurant form a natural range that (a) The waters within the following mariners can use in daylight hours to boundaries are a safety zone: A line be- gauge the eastern boundary of the ginning at the Standard Oil Company Commercial Vessel Staging Area and Pier West Light (LLNR 3217), located the western boundary of the Eastern at position 58°17.9′ N, 134°24.8′ W, in the Recreational Vessel Staging Area. This direction of 140° True to Rock Dump eastern recreational staging area is in- Lighted Buoy 2A (LLNR 3213) at posi- tended for use by recreational vessels tion 58°17.2′ N, 134°23.8′ W; thence in the departing from and returning to the direction of 003° True to a point at po- Ala Wai Small Boat harbor and Kewalo sition 58°17.4′ N, 134°23.7′ W, on the Basin. north shore of Gastineau Channel; (5) Located between the Western Rec- thence northwesterly along the north reational Vessel Staging Area and the shore of Gastineau Channel to the Commercial Vessel Staging Area is an point of origin. Exclusion Area. This area is bound by (b) Special Regulations: the following points: 21°16′46″ N, (1) All vessels may transit or navi- 157°53′23″ W; 21°13′30″ N, 157°55′17″ W; gate within the safety zone.

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(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 amended by CGD 79–026, 48 FR 35408, Aug. 4, lated navigation area must: 1983] (1) Report compliance with part 164 of this chapter, to the Vessel Traffic § 165.1703 Ammunition Island, Port Center (VTC); Valdez, Alaska. (2) Have at least two radiotelephones (a) Location. The waters within the capable of operating on the designated following boundaries is a safety zone— VTS frequency, one of which is capable the area within a radius of 1330 yards of of battery operation; Ammunition Island, centered on lati- (3) When steady wind conditions in tude 61°07′28″ N, longitude 146°18′29″ W, the VTS Special Area or Port Valdez (NAD 83) and the vessel moored or an- exceed, or are anticipated to exceed 40 chored at Ammunition Island. knots, proceed as directed by the VTC (b) The area 200 yards off the vessel (entry into the VTS Special Area and navigating the Vessel Traffic system Port Valdez is prohibited); from abeam of Naked Island, maneu- (4) When transiting the VTS Special vering to approach, moor, unmoor at Area, limit speed to 12 knots; Ammunition Island, or the departure of (5) If laden and intending to navigate the vessel from Ammunition Island. the VTS Special Area, limit speed to 12 (c) Special regulation. (1) Section knots except between Middle Rock and 165.23 does not apply to paragraph (a) Potato Point where the speed limit of this section, except when the vessel shall be 6 knots; and is moored to Ammunition Island. (6) Until December 31, 2004, have an (d) Effective August 25, 1987 Notice of operating Automatic Identification vessels arrival will be made in the No- System Shipborne Equipment (AISSE) tice to Mariners, Local Notice to Mari- system installed. ners and in the Local Valdez news- (i) The designated digital selective paper, prior to the vessel arrival. calling frequency (DSC) in Prince Wil- 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; COTP Prince William Sound 02–010, 67 FR (ii) AISSE equipped vessels will not 45313, July 9, 2002] be required to make voice radio position reports at designated reporting § 165.1704 Prince William Sound, Alas- points required by § 161.20(b), unless ka-regulated navigation area. otherwise directed by the VTC. (a) The following is a regulated navi- (iii) Whenever a vessel’s AISSE be- gation area: The navigable waters of comes non-operational, as defined in the United States north of a line drawn § 164.43(c) of this chapter, before enter- from Cape Hinchinbrook Light to ing or while underway in the VTS area, Schooner Rock Light, comprising that a vessel must: portion of Prince William Sound be- (A) Notify the VTC; tween 146°30′ W. and 147°20′ W. and in- (B) Make the required voice radio po- cludes Valdez Arm, Valdez Narrows, sition reports as set forth in § 161.60 and and Port Valdez. required by § 161.20(b) of this chapter; (b) Within the regulated navigation (C) Make other voice radio reports as area described in paragraph (a) of this required by the VTS; and section, § 161.60 of this chapter estab- (D) Restore the AISSE to operating lishes a VTS Special Area for the condition as soon as possible. waters of Valdez Arm, Valdez Narrows, (iv) Whenever a vessel’s AISSE be- and Port Valdez northeast of a line comes non-operational due to a loss of bearing 307° True from Tongue Point at position correction information (i.e., 61°02′06″ N., 146°40′ W.; and southwest of the U.S. Coast Guard dGPS system

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cannot provide the required error cor- barge located at 55°20′32″ N, 131°39′40″ W rection messages) a vessel must: used to conduct fireworks displays. (A) Make the required voice radio po- (b) Effective date. The safety zone be- sition reports as set forth in § 161.60 and comes effective on July 3 each year at required by § 161.20(b) of this chapter; 10 p.m. ADT. It terminates at the con- and clusion of the fireworks display at ap- (B) Make other voice radio reports as proximately 2:30 a.m. ADT on July 5 required by the VTS. each year, unless sooner terminated by (v) Whenever a vessel’s AISSE be- the Captain of the Port. If the fire- comes non-operational before getting works display is postponed because of underway in the VTS area, permission inclement weather, the date and dura- to get underway must be obtained from tion of the safety zone will be an- the VTC. nounced in the Local Notices to Mari- ners. NOTE: Regulations pertaining to Auto- (c) Regulation. In accordance with the matic Identification System Shipborne Equipment (AISSE) required capabilities are general regulations in § 165.23 of this set forth in Part 164 of this chapter. part, entry into this zone is prohibited unless authorized by the Captain of the [CGD 90–020, 59 FR 36335, July 15, 1994, as Port, Southeast Alaska. amended by CGD 95–033, 60 FR 28333, May 31, 1995; CGD 97–023, 62 FR 33365, June 19, 1997; [59 FR 31933, June 21, 1994, as amended at 65 USCG–1998–3799, 63 FR 35533, June 30, 1998; FR 81362, Dec. 26, 2000] USCG–2003–14757, 68 FR 39368, July 1, 2003; 68 FR 60570, Oct. 22, 2003] § 165.1709 Security Zones: Liquefied Natural Gas Tanker Transits and § 165.1706 Gastineau Channel, Juneau, Operations at Phillips Petroleum Alaska—Safety Zone. LNG Pier, Cook Inlet, AK. (a) Location. The following area is a (a) Location. The following areas are safety zone: the waters in Juneau Har- established as security zones during bor within a 300 yard radius of the ves- the specified conditions: sel or waterfront facility located at (1) All navigable waters within a 1000- 58°17′41″ N, 134°24′22″ W used to conduct yard radius of the Liquefied Natural fireworks displays. Gas (LNG) tankers during their in- (b) Effective date. The safety zone be- bound and outbound transits through comes effective on July 3 each year at Cook Inlet, Alaska between the Phil- 10 p.m. ADT. It terminates at the con- lips Petroleum LNG Pier, 60°40′43″ N clusion of the fireworks display at ap- and 151°24′10″ W, and the Homer Pilot proximately 2:30 a.m. ADT on July 5 Station at 59°34′86″ N and 151°25′74″ W. each year, unless sooner terminated by On the inbound transit, this security the Captain of the Port. If the fire- zone remains in effect until the tanker works display is postponed because of is alongside the Phillips Petroleum inclement weather, the date and dura- LNG Pier, 60°40′43″ N and 151°24′10″ W. tion of the safety zone will be an- (2) All navigable waters within a 1000- nounced in the Local Notices to Mari- yard radius of the Liquefied Natural ners. Gas tankers while they are moored at (c) Regulation. In accordance with the Phillips Petroleum LNG Pier, 60°40′43″ general regulations in § 165.23 of this N and 151°24′10″ W. part, entry into this zone is prohibited (b) Special Regulations. (1) For the unless authorized by the Captain of the purpose of this section, the general reg- Port, Southeast Alaska. ulations contained in 33 CFR 165.33 [59 FR 31934, June 21, 1994, as amended by apply to all but the following vessels in COTP Southeast Alaska 00–018, 65 FR 81363, the areas described in paragraph (a): Dec. 26, 2000] (i) Vessels scheduled to moor and offload or load cargo at other Nikiski ma- § 165.1708 Tongass Narrows, Ketch- rine terminals that have provided the ikan, Alaska—Safety Zone. Coast Guard with an Advance Notice of (a) Location. The following area is a Arrival. safety zone: the waters in Tongass Nar- (ii) Commercial fishing vessels, in- rows within a 300 yard radius of the cluding drift net and set net vessels,

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fishing from the waters within the § 165.1710 Port Valdez and Valdez Nar- zone, if rows, Valdez, Alaska—security (A) The owner of the vessel has pre- zones. viously requested approval from the (a) Location. The following areas are Captain of the Port representative, Ma- security zones: rine Safety Detachment Kenai, Alaska, (1) Trans-Alaska Pipeline (TAPS) to fish in the security zone and Valdez Terminal complex (Terminal), (B) Has provided the Captain of the Valdez, Alaska and TAPS tank vessels. Port representative, Marine Safety De- All waters enclosed within a line begin- tachment Kenai, Alaska current infor- ning on the southern shoreline of Port ° ′ ″ ° ′ ″ mation about the vessel, including: Valdez at 61 05 03.6 N, 146 25 42 W; 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 re- vering, laying to or anchored within quired to submit the information one the boundaries of the Captain of the time, but shall provide the Captain of Port, Prince William Sound Zone de- the Port representative updated infor- scribed in 33 CFR 3.85–20 (b). mation when any part of it changes. (3) Valdez Narrows, Port Valdez, (D) The Captain of the Port must ap- Valdez, Alaska. All waters 200 yards ei- prove a vessel’s request prior to being ther side of the Valdez Narrows Tanker Optimum Track line bounded by a line allowed into the security zone at the beginning at 61°05′15″ N, 146°37′18″ W; Phillips Petroleum LNG Pier. thence south west to 61°04′00″ N, (E) The vessel is operated in compli- 146°39′52″ W; thence southerly to ance with any specific orders issued to 61°02′32.5″ N, 146°41′25″ W; thence north the vessel by the Captain of the Port or west to 61°02′40.5″ N, 146°41′47″ W; thence other regulations controlling the oper- north east to 61°04′07.5″ N, 146°40′15″ W; ation of vessels within the security thence north east to 61°05′22″ N, zone that may be in effect. 146°37′38″ W; thence south east back to (2) All persons and vessels shall com- the starting point at 61°05′15″ N, ply with the instructions of the Cap- 146°37′18″ W. tain of the Port representative or the (b) Regulations. (1) The general regu- designated on-scene patrol personnel. lations in 33 CFR 165.33 apply to the se- These personnel are comprised of com- curity zones described in paragraph (a) missioned, warrant, and petty officers of this section. of the Coast Guard. Upon being hailed (2) Tank vessels transiting directly by a U. S. Coast Guard vessel by siren, to the TAPS terminal complex, en- radio, flashing light, or other means, gaged in the movement of oil from the the operator of a vessel shall proceed terminal or fuel to the terminal, and as directed. vessels used to provide assistance or (3) The Marine Safety Detachment support to the tank vessels directly Kenai, Alaska will notify the maritime transiting to the terminal, or to the community of these security zones by terminal itself, and that have reported publishing a Local Notice to Mariners their movements to the Vessel Traffic and via a bimonthly marine Broadcast Service, as required under 33 CFR part 161 and § 165.1704, may operate as nec- Notice to Mariners. essary to ensure safe passage of tank [COTP 02–001, 67 FR 44059, July 1, 2002] vessels to and from the terminal.

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(3) All persons and vessels must com- High Capacity Passenger Vessel ply with the instructions of the Coast (‘‘HCPV’’) means a passenger vessel Guard Captain of the Port and the des- greater than 100 feet in length that is ignated on-scene patrol personnel. authorized to carry more than 500 pas- These personnel comprise commis- sengers for hire. sioned, warrant, and petty officers of State law enforcement Officer means the Coast Guard. Upon being hailed by any State or local government law en- a vessel displaying a U.S. Coast Guard forcement officer who has authority to ensign by siren, radio, flashing light, or enforce State or local criminal laws. other means, the operator of the vessel (b) Location. The following areas are must proceed as directed. Coast Guard security zones: all waters within 100 Auxiliary and local or state agencies yards around escorted High Capacity may be present to inform vessel opera- Passenger Vessels or escorted Alaska tors of the requirements of this section Marine Highway System vessels in the and other applicable laws. navigable waters of the Seventeenth Coast Guard District as defined in 33 [COTP Prince William Sound 02–011, 71 FR CFR 3.85–1, from surface to bottom. 2154, Jan. 13, 2006] (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 law enforcement Officers designated by channel 13 (156.650 MHz) to receive per- the COTP. mission. Escorted HCPV or AMHS vessel means (5) If permission is granted to transit a HCPV or AMHS vessel that is accom- within 100 yards of an escorted HCPV panied by one or more Coast Guard as- or AMHS vessel, all persons and vessels sets or Federal, State or local law en- must comply with the instructions of forcement agency assets as listed the designated on scene representative. below: (6) All commercial fishing vessels as (1) Coast Guard surface or air asset defined by 46 U.S.C. 2101(11a) while ac- displaying the Coast Guard insignia. tively engaged in fishing are exempted (2) State, Federal or local law en- from the provisions of this section. forcement assets displaying the appli- [CGD17–05–002, 71 FR 19123, Apr. 13, 2006] cable agency markings and or equipment associated with the agency. § 165.1712 Safety Zones; Annual Inde- Federal Law Enforcement Officer pendence Day Firework Displays, means any Federal government law en- Skagway, Haines, and Wrangell, AK. forcement officer who has authority to (a) Regulated areas. The following enforce federal criminal laws. areas are permanent safety zones:

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(1) All navigable waters of Taiya § 165.2010 Purpose. Inlet within a 300-yard radius of the This subpart establishes the geo- fireworks launching point located on graphic parameters of naval vessel pro- the White Pass and Yukon Railway tection zones surrounding U.S. naval Dock at approximate position 59°26.70′ vessels in the navigable waters of the N, 135°19.58′ W in the vicinity of the United States. This subpart also estab- mouth of the Small Boat Harbor, lishes when the U.S. Navy will take en- Skagway, Alaska; forcement action in accordance with (2) All navigable waters of Portage the statutory guidelines of 14 U.S.C. 91. Cove, Haines, AK within a 300-yard ra- Nothing in the rules and regulations dius around the fireworks launch area, contained in this subpart shall relieve centered at approximate position any vessel, including U.S. naval ves- 59°14′16.72″ N, 135°25′35.79″ W; (3) all nav- sels, from the observance of the Navi- igable waters of Wrangell Harbor with- gation Rules. The rules and regulations in a 300-yard radius of the fireworks contained in this subpart supplement, launch platform centered at approxi- but do not replace or supercede, any mate position 56°28.223′ N and 132°23.285′ other regulation pertaining to the safe- W. ty or security of U.S. naval vessels. (b) Effective date. This rule is effective from 10 p.m. until 2:30 a.m., July 3 § 165.2015 Definitions. through July 5, of each year. (c) Definitions. The following defini- The following definitions apply to tions apply to this section: this subpart: Designated Representative—a ‘‘des- Atlantic Area means that area de- ignated representative’’ is any Coast scribed in 33 CFR 3.04–1 Atlantic Area. Guard commissioned, warrant or petty Large U.S. naval vessel means any officer of the U.S. Coast Guard who has U.S. naval vessel greater than 100 feet been designated by the Captain of the in length overall. Port, to act on his or her behalf. Naval defensive sea area means those (d) Regulations. (1) The general regu- areas described in 32 CFR part 761. lations contained in 33 CFR 165.23, as Naval vessel protection zone is a 500- well as the following regulations, yard regulated area of water sur- apply. rounding large U.S. naval vessels that (2) No vessels, except for fireworks is necessary to provide for the safety or barge and accompanying vessels, will security of these U.S. naval vessels. be allowed to transit the safety zones Navigable waters of the United States without the permission of the COTP or means those waters defined as such in the designated representative. 33 CFR part 2. (3) Vessel operators desiring to enter Navigation rules means the Naviga- or operate within any of the regulated tion Rules, International-Inland. areas shall contact the COTP or the Official patrol means those personnel designated representative via VHF designated and supervised by a senior channel 16 or 907–463–2990 (Sector Ju- naval officer present in command and neau command center) to obtain per- tasked to monitor a naval vessel pro- mission to do so. tection zone, permit entry into the zone, give legally enforceable orders to [USCG–2013–0078, 78 FR 38202, June 26, 2013] persons or vessels within the zone, and EDITORIAL NOTE: At 79 FR 6470, Feb. 4, 2014, take other actions authorized by the § 165.1712 was added; however, the amend- U.S. Navy. ment could not be incorporated since that Pacific Area means that area de- section already exists. 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

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and in command of any part of the De- naval vessel is underway, anchored, partment of Navy in the area. moored, or within a floating drydock, U.S. naval vessel means any vessel except when the large naval vessel is owned, operated, chartered, or leased moored or anchored within a restricted by the U.S. Navy; any pre-commis- area or within a naval defensive sea sioned vessel under construction for area. the U.S. Navy, once launched into the (c) The Navigation Rules shall apply water; and any vessel under the oper- at all times within a naval vessel pro- ational control of the U.S. Navy or a tection zone. Combatant Command. (d) When within a naval vessel pro- Vessel means every description of tection zone, all vessels shall operate watercraft or other artificial contriv- at the minimum speed necessary to ance used, or capable of being used, as maintain a safe course, unless required a means of transportation on water, ex- to maintain speed by the Navigation cept U.S. Coast Guard or U.S. naval Rules, and shall proceed as directed by vessels. the Coast Guard, the senior naval officer present in command, or the official § 165.2020 Enforcement authority. patrol. When within a naval vessel pro- (a) Coast Guard. Any Coast Guard tection zone, no vessel or person is al- commissioned, warrant or petty officer lowed within 100 yards of a large U.S. may enforce the rules and regulations naval vessel unless authorized by the contained in this subpart. Coast Guard, the senior naval officer (b) Senior naval officer present in com- present in command, or official patrol. mand. In the navigable waters of the (e) To request authorization to oper- United States, when immediate action ate within 100 yards of a large U.S. is required and representatives of the naval vessel, contact the Coast Guard, Coast Guard are not present or not the senior naval officer present in com- present in sufficient force to exercise mand, or the official patrol on VHF-FM effective control in the vicinity of channel 16. large U.S. naval vessels, the senior (f) When conditions permit, the Coast naval officer present in command is re- Guard, senior naval officer present in sponsible for the enforcement of the command, or the official patrol should: rules and regulations contained in this (1) Give advance notice on VHF-FM subpart to ensure the safety and secu- channel 16 of all large U.S. naval vessel rity of all large naval vessels present. movements; and In meeting this responsibility, the sen- (2) Permit vessels constrained by ior naval officer present in command their navigational draft or restricted in may directly assist any Coast Guard their ability to maneuver to pass with- enforcement personnel who are in 100 yards of a large U.S. naval vessel present. in order to ensure a safe passage in ac- § 165.2025 Atlantic Area. cordance with the Navigation Rules; 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 actions are discretionary and do not create ists around U.S. naval vessels greater 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.

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§ 165.2030 Pacific Area. cordance with the Navigation Rules; 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 Pacific yards of passing large U.S. naval ves- Area, which includes the Eleventh, sels; and Thirteenth, Fourteenth, and Seven- (4) Permit vessels that must transit teenth U.S. Coast Guard Districts. via a navigable channel or waterway to NOTE TO PARAGRAPH (a): The boundaries of pass within 100 yards of a moored or the U.S. Coast Guard Pacific Area and the anchored large U.S. naval vessel with Eleventh, Thirteenth, Fourteenth, and Sev- minimal delay consistent with secu- enteenth U.S. Coast Guard Districts are set rity. out in 33 CFR part 3. NOTE TO PARAGRAPH (f): The listed actions (b) A naval vessel protection zone ex- are discretionary and do not create any addi- ists around U.S. naval vessels greater tional right to appeal or otherwise dispute a than 100 feet in length overall at all decision of the Coast Guard, the senior naval times in the navigable waters of the officer present in command, or the official United States, whether the large U.S. patrol. naval vessel is underway, anchored, [PAC AREA–02–001, 67 FR 38394, June 4, 2002] moored, or within a floating dry dock, except when the large naval vessel is PART 166—SHIPPING SAFETY moored or anchored within a restricted FAIRWAYS area or within a naval defensive sea area. Subpart A—General (c) The Navigation Rules shall apply at all times within a naval vessel pro- Sec. tection zone. 166.100 Purpose. (d) When within a naval vessel pro- 166.103 Geographic coordinates. 166.105 Definitions. tection zone, all vessels shall operate 166.110 Modification of areas. at the minimum speed necessary to maintain a safe course, unless required Subpart B—Designations of Fairways and to maintain speed by the Navigation Fairway Anchorages Rules, and shall proceed as directed by the Coast Guard, the senior naval offi- 166.200 Shipping safety fairways and anchorage areas, Gulf of Mexico. cer present in command, or the official 166.300 Areas along the coast of California. 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 oper- § 166.100 Purpose. ate within 100 yards of a large U.S. 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 [CGD 81–80a, 48 FR 30110, June 30, 1983] command, or the official patrol should: (1) Give advance notice on VHF-FM § 166.103 Geographic coordinates. channel 16 of all large U.S. naval vessel Geographic coordinates expressed in movements; terms of latitude or longitude, or both, (2) Permit vessels constrained by are not intended for plotting on maps their navigational draft or restricted in or charts whose referenced horizontal their ability to maneuver to pass with- datum is the North American Datum of in 100 yards of a large U.S. naval vessel 1983 (NAD 83), unless such geographic in order to ensure a safe passage in ac- coordinates are expressly labeled NAD

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83. Geographic coordinates without the days. This period may be extended by NAD 83 reference may be plotted on the Army Corps of Engineers, as pro- maps or charts referenced to NAD 83 vided by § 209.135(b). only after application of the appro- (2) Drilling rigs must be outside of priate corrections that are published any fairway boundary to whatever dis- on the particular map or chart being tance is necessary to ensure that the used. minimum depth of water over an anchor line within a fairway is 125 feet. [CGD 86–082, 52 FR 33811, Sept. 8, 1987] (3) No anchor buoys or floats or re- § 166.105 Definitions. lated rigging will be allowed on the surface of the water or to a depth of at (a) Shipping safety fairway or fairway least 125 feet from the surface, within a means a lane or corridor in which no fairway. artificial island or fixed structure, (4) Aids to Navigation or danger whether temporary or permanent, will markings must be installed as required be permitted. Temporary underwater by 33 CFR Subchapter C. obstacles may be permitted under cer- (c) Special Conditions for Fairway An- tain conditions described for specific chorages in the Gulf of Mexico. Struc- areas in Subpart B. Aids to navigation tures may be placed within an area des- approved by the U.S. Coast Guard may ignated as a fairway anchorage, but the be established in a fairway. number of structures will be limited by (b) Fairway anchorage means an an- spacing as follows: chorage area contiguous to and associ- (1) The center of a structure to be ated with a fairway, in which fixed erected shall not be less than two (2) structures may be permitted within nautical miles from the center of any certain spacing limitations, as de- existing structure. scribed for specific areas in Subpart B. (2) In a drilling or production complex, associated structures connected [CGD 81–80a, 48 FR 30110, June 30, 1983] by walkways shall be considered one § 166.110 Modification of areas. structure for purposes of spacing, and shall be as close together as prac- Fairways and fairway anchorages are ticable having due consideration for subject to modification in accordance the safety factors involved. with 33 U.S.C. 1223(c); 92 Stat. 1473. (3) A vessel fixed in place by moor- [CGD 81–80a, 48 FR 30110, June 30, 1983] ings and used in conjunction with the associated structures of a drilling or 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 complex extends more than five hun- (a) Purpose. Fairways and anchorage dred (500) yards from the center, a new areas as described in this section are structure shall not be erected closer established to control the erection of than two (2) nautical miles from the structures therein to provide safe ap- outer limit of the complex. proaches through oil fields in the Gulf (5) An underwater completion instal- of Mexico to entrances to the major lation in an anchorage area shall be ports along the Gulf Coast. considered a structure and shall be (b) Special Conditions for Fairways in marked with a lighted buoy approved the Gulf of Mexico. Temporary anchors by the United States Coast Guard and attendant cables or chains at- under § 66.01. tached to floating or semisubmersible (d) Designated Areas—(1) Brazos drilling rigs outside a fairway may be Santiago Pass Safety Fairway. The areas placed within a fairway described in between rhumb lines joining points at: this section for the Gulf of Mexico, provided the following conditions are met: Latitude North Longitude West (1) Anchors installed within fairways 26°03′27″ ...... 97°08′36″ to stablize semisubmersible drilling 26°02′57″ ...... 97°07′11″ rigs shall be allowed to remain 120 26°02′06″ ...... 96°57′24″

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Latitude North Longitude West Latitude North Longitude West

25°58′54″ ...... 96°19′00″ 27°50′15″ ...... 97°01′32″ 27°49′54″ ...... 96°59′56″ 27°45′22″ ...... 96°51′19″ and rhumb lines joining points at: 27°44′35″ ...... 96°48′31″ 27°43′49″ ...... 96°45′47″ Latitude North Longitude West 27°35′17″ ...... 96°27′46″ 27°33′33″ ...... 96°24′06″ 26°04′27″ ...... 97°08′36″ 27°25′53″ ...... 96°07′56″ 26°04′58″ ...... 97°07′07″ 26°04′12″ ...... 96°59′30″ 26°04′00″ ...... 96°57′24″ separated by areas enclosed by rhumb 26°00′54″ ...... 96°19′00″ lines joining points at:

(2) Brazos Santiago Pass Anchorage Latitude North Longitude West Areas. The areas enclosed by rhumb 27°41′10″ ...... 96°47′23″ lines joining points at: 27°34′50″ ...... 96°34′01″ 27°34′59″ ...... 96°31′56″ Latitude North Longitude West 27°42′03″ ...... 96°46′51″ 27°41′10″ ...... 96°47′23″ 26°02′57″ ...... 97°07′11″ ° ′ ″ ° ′ ″ 26 02 06 ...... 96 57 24 and rhumb lines joining points at: 25°58′54″ ...... 96°57′24″ 25°58′54″ ...... 97°07′18″ Latitude North Longitude West 26°02′57″ ...... 97°07′11″ 27°33′06″ ...... 96°30′21″ and rhumb lines joining points at: 27°23′33″ ...... 96°10′12″ 27°24′19″ ...... 96°09′26″ ° ′ ″ ° ′ ″ Latitude North Longitude West 27 33 15 ...... 96 28 16 27°33′06″ ...... 96°30′21″ 26°04′58″ ...... 97°07′07″ 26°09′00″ ...... 97°07′00″ (5) Aransas Pass Anchorage Areas. The 26°09′00″ ...... 96°59′30″ areas enclosed by rhumb lines joining 26°04′12″ ...... 96°59′30″ 26°04′58″ ...... 97°07′07″ points at: Latitude North Longitude West (3) Port Mansfield Safety Fairway. The area between a rhumb line joining 27°49′54″ ...... 96°59′56″ 27°45′22″ ...... 96°51′19″ points at: 27°51′46″ ...... 96°40′12″ 27°53′36″ ...... 96°56′30″ Latitude North Longitude West 27°49′54″ ...... 96°59′56″ 26°33′39″ ...... 97°16′04″ 26°33′43″ ...... 97°14′38″ and rhumb lines joining points at:

and rhumb lines joining points at: Latitude North Longitude West 27°45′14″ ...... 96°55′26″ Latitude North Longitude West 27°43′00″ ...... 96°55′27″ 27°44′09″ ...... 96°53′25″ ° ′ ″ ° ′ ″ 26 34 04 ...... 97 16 05 27°45′14″ ...... 96°55′26″ 26°34′40″ ...... 97°15′47″ 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″ 28°22′16″ ...... 96°17′40″ 27°49′21″ ...... 97°02′08″ 28°14′48″ ...... 96°09′42″ 27°48′11″ ...... 97°01′06″ 28°11′24″ ...... 96°06′06″ 27°46′26″ ...... 96°57′40″ 28°10′06″ ...... 96°04′42″ 27°45′14″ ...... 96°55′26″ 27°38′02″ ...... 95°49′39″ 27°44′09″ ...... 96°53′25″ 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″

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Latitude North Longitude West Latitude North Longitude West

28°23′38″ ...... 96°16′00″ 28°45′58″ ...... 95°05′48″ 28°16′12″ ...... 96°08′06″ 28°54′05″ ...... 95°14′10″ 28°12′30″ ...... 96°04′12″ 28°11′13″ ...... 96°02′46″ (10) Galveston Entrance Safety Fair- 27°38′12″ ...... 95°47′19″ ways. The areas between rhumb lines (7) Matagorda Entrance Anchorage joining points at: Areas. The areas enclosed by rhumb Latitude North Longitude West lines joining points at: 27°44′03″ ...... 94°26′12″ Latitude North Longitude West 28°04′48″ ...... 94°26′12″ 28°07′46″ ...... 94°26′12″ 28°22′16″ ...... 96°17′40″ 29°06′24″ ...... 94°26′12″ 28°14′48″ ...... 96°09′42″ 29°07′42″ ...... 94°27′48″ 28°12′42″ ...... 96°12′12″ 29°18′10″ ...... 94°39′16″ 28°20′12″ ...... 96°20′12″ 29°19′39″ ...... 94°41′33″ 28°22′16″ ...... 96°17′40″ 29°20′44″ ...... 94°40′44″ 29°19′23″ ...... 94°37′08″ 29°10′30″ ...... 94°22′54″ and rhumb lines joining points at: 29°10′17″ ...... 94°22′30″ 29°09′06″ ...... 94°20′36″ Latitude North Longitude West 28°17′17″ ...... 92°57′59″

28°23′38″ ...... 96°16′00″ 28°25′36″ ...... 96°13′36″ and rhumb lines joining points at: 28°18′12″ ...... 96°05′36″ 28°16′12″ ...... 96°08′06″ Latitude North Longitude West 28°23′38″ ...... 96°16′00″ 27°44′13″ ...... 94°23′57″ 29°06′24″ ...... 94°23′55″ (8) Freeport Harbor Safety Fairway. 29°07′41″ ...... 94°22′23″ The area between rhumb lines joining 28°11′57″ ...... 92°53′25″ points at: (11) Galveston Entrance Anchorage Latitude North Longitude West Areas. The areas enclosed by rhumb 28°55′19″ ...... 95°17′46″ lines joining 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″ 29 18 10 ...... 94 39 16 29°08′04″ ...... 94°28′12″ 29°03′13″ ...... 94°36′48″ and rhumb lines joining points at: 29°14′48″ ...... 94°45′12″ 29°18′10″ ...... 94°39′16″ Latitude North Longitude West and rhumb lines joining points at: 28°55′59″ ...... 95°16′55″ 28°54′05″ ...... 95°14′10″ 28°45′58″ ...... 95°5′48″ Latitude North Longitude West 28°44′39″ ...... 95°04′22″ 29°19′23″ ...... 94°37′08″ 28°07′46″ ...... 94°26′12″ 29°22′18″ ...... 94°32′00″ 29°14′23″ ...... 94°25′53″ (9) Freeport Harbor Anchorage Areas. 29°13′24″ ...... 94°27′33″ The areas enclosed by rhumb lines join- 29°19′23″ ...... 94°37′08″ ing points at: (12) Sabine Pass Safety Fairway. The Latitude North Longitude West areas between rhumb lines joining points at: 28°52′58″ ...... 95°16′06″ 28°44′52″ ...... 95°07′43″ Latitude North Longitude West 28°42′24″ ...... 95°12′00″ ° ′ ″ ° ′ ″ 28 51 30 ...... 95 18 42 29°38′25″ ...... 93°50′02″ ° ′ ″ ° ′ ″ 28 52 58 ...... 95 16 06 29°35′19″ ...... 93°49′10″ 29°33′00″ ...... 93°46′26″ and rhumb lines joining points at: 29°32′03″ ...... 93°46′44″ 29°30′39″ ...... 93°43′41″ 29°28′30″ ...... 93°41′09″ Latitude North Longitude West 29°07′28″ ...... 93°41′08″ 28°17′17″ ...... 92°57′59″ 28°54′05″ ...... 95°14′10″ 28°11′57″ ...... 92°53′25″ 28°56′54″ ...... 95°09′18″ 27°51′58″ ...... 92°36′20″ 28°47′42″ ...... 95°02′42″

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

Latitude North Longitude West Latitude North Longitude West

29°38′48″ ...... 93°48′59″ 25°58′54″ ...... 96°57′24″ 29°37′32″ ...... 93°48′02″ 26°02′06″ ...... 96°57′24″ 29°36′28″ ...... 93°47′14″ 26°04′00″ ...... 96°57′24″ 29°32′52″ ...... 93°43′00″ 27°40′36″ ...... 96°55′30″ ° ′ ″ ° ′ ″ 29 31 13 ...... 93 41 04 27°43′00″ ...... 96°55′27″ ° ′ ″ ° ′ ″ 29 29 20 ...... 93 38 51 27°45′14″ ...... 96°55′26″ 29°08′08″ ...... 93°38′52″ 28°39′02″ ...... 93°13′39″ 28°36′15″ ...... 93°11′15″ (ii) Aransas Pass to Calcasieu Pass. 27°52′09″ ...... 92°33′40″ The areas between rhumb lines joining points at: (13) Sabine Pass Anchorage Areas—(i) Sabine Pass Inshore Anchorage Area. The Latitude North Longitude West area enclosed by rhumb lines joining 27°43′00″ ...... 96°55′27″ points at: 27°44′09″ ...... 96°53′25″ 27°45′22″ ...... 96°51′19″ Latitude North Longitude West 27°51′46″ ...... 96°40′12″ 28°11′24″ ...... 96°06′06″ ° ′ ″ ° ′ ″ 29 37 32 ...... 93 48 02 28°12′30″ ...... 96°04′12″ ° ′ ″ ° ′ ″ 29 37 32 ...... 93 21 25 28°42′24″ ...... 95°12′00″ 29°32′52″ ...... 93°43′00″ 28°44′52″ ...... 95°07′43″ 29°36′28″ ...... 93°47′14″ 28°45′58″ ...... 95°05′48″ 28°47′42″ ...... 95°02′42″ (ii) Sabine Bank Offshore (North) An- 29°07′42″ ...... 94°27′48″ chorage Area. The area enclosed by 29°10′17″ ...... 94°22′30″ rhumb lines joining points at: 29°29′30″ ...... 93°58′24″ 29°32′03″ ...... 93°46′44″ ° ′ ″ ° ′ ″ Latitude North Longitude West 29 33 00 ...... 93 46 26 29°32′52″ ...... 93°43′00″ 29°26′06″ ...... 93°43′00″ 29°37′32″ ...... 93°21′25″ 29°26′06″ ...... 93°41′08″ 29°24′06″ ...... 93°41′08″ 29°24′06″ ...... 93°43′00″ with rhumb lines joining points at: Latitude North Longitude West (iii) Sabine Bank Offshore (South) An- chorage Area. The area enclosed by 27°40′36″ ...... 96°55′30″ rhumb lines joining points at: 27°42′47″ ...... 96°51′39″ 27°44′35″ ...... 96°48′31″ 28°10′06″ ...... 96°04′42″ Latitude North Longitude West 28°11′13″ ...... 96°02′46″ ° ′ ″ ° ′ ″ 29°16′55″ ...... 93°43′00″ 28 43 32 ...... 95 06 18 ° ′ ″ ° ′ ″ 29°16′55″ ...... 93°41′08″ 28 44 39 ...... 95 04 22 29°14′29″ ...... 93°41′08″ 29°06′24″ ...... 94°26′12″ 29°14′29″ ...... 93°43′00″ 29°06′24″ ...... 94°23′55″ 29°07′41″ ...... 94°22′23″ 29°09′06″ ...... 94°20′36″ (iv) Sabine Bank Offshore (East) An- 29°27′40″ ...... 93°57′18″ chorage Area. The area enclosed by 29°30′39″ ...... 93°43′41″ rhumb lines joining points at: 29°31′13″ ...... 93°41′04″ 29°33′56″ ...... 93°28′35″ Latitude North Longitude West 29°32′57″ ...... 93°17′00″

29°26′06″ ...... 93°38′52″ (15) Calcasieu Pass Safety Fairway. 29°26′06″ ...... 93°37′00″ 29°24′06″ ...... 93°37′00″ The areas between rhumb lines joining 29°24′06″ ...... 93°38′52″ points at:

(14) Coastwise Safety Fairways—(i) Latitude North Longitude West Brazos Santiago Pass to Aransas Pass. 29°45′00″ ...... 93°20′58″ The areas between rhumb lines joining 29°40′56″ ...... 93°20′18″ points at: 29°38′18″ ...... 93°20′42″ 29°37′32″ ...... 93°21′25″ Latitude North Longitude West 29°32′57″ ...... 93°17′00″ 29°31′08″ ...... 93°14′38″ 26°04′12″ ...... 96°59′30″ 28°39′02″ ...... 93°13′39″ 26°09′00″ ...... 96°59′30″ ° ′ ″ ° ′ ″ 27 46 26 ...... 96 57 40 and rhumb lines joining points at:

986

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Latitude North Longitude West Latitude North Longitude West

29°45′05″ ...... 93°20′03″ 29°34′48″ ...... 92°03′12″ 29°41′12″ ...... 93°19′37″ 29°30′48″ ...... 92°07′00″ 29°37′30″ ...... 93°18′15″ 29°23′30″ ...... 92°08′24″ 29°31′16″ ...... 93°12′16″ 28°36′15″ ...... 93°11′15″ and lines joining points at: (16) Calcasieu Pass Anchorage Areas— Latitude North Longitude West (i) Calcasieu Pass North Anchorage Area. The area enclosed by rhumb lines join- 29°34′24″ ...... 92°02′24″ ing points at: 29°30′24″ ...... 92°06′12″ 29°23′24″ ...... 92°07′30″ Latitude North Longitude West (20) Atchafalaya Pass Safety Fairway. 29°41′12″ ...... 93°19′37″ 29°41′12″ ...... 93°12′28″ The area between a line joining points 29°31′16″ ...... 93°12′16″ at: 29°37′30″ ...... 93°18′15″ Latitude North Longitude West (ii) Calcasieu Pass South Anchorage 29°22′36″ ...... 91°23′28″ Area. The area enclosed by rhumb lines 29°14′42″ ...... 91°30′28″ joining points at:

Latitude North Longitude West and a line joining points at:

28°59′30″ ...... 93°16′30″ Latitude North Longitude West 28°59′30″ ...... 93°14′00″ 28°56′00″ ...... 93°14′00″ 29°14′05″ ...... 91°29′34″ 28°56′00″ ...... 93°16′30″ 29°21′59″ ...... 91°22′34″

(17) Lower Mud Lake Safety Fairway. (21) Bayou Grand Caillou Safety Fair- The area enclosed by rhumb lines join- way. The area between a line joining ing points at: points at:

Latitude North Longitude West Latitude North Longitude West

29°43′24″ ...... 93°00′18″ 29°10′59″ ...... 90°57′26″ 29°42′00″ ...... 93°00′18″ 29°05′24″ ...... 90°58′10″ 29°01′08″ ...... 91°00′44″ and rhumb lines joining points at: and a line joining points at: Latitude North Longitude West Latitude North Longitude West 29°43′33″ ...... 93°00′48″ 29°42′00″ ...... 93°00′48″ 29°00′40″ ...... 90°59′43″ 29°05′06″ ...... 90°57′03″ (18) Freshwater Bayou Safety Fairway. 29°09′46″ ...... 90°56′27″ The area between lines joining points at: (22) Cat Island Pass Safety Fairway. The area between lines joining points Latitude North Longitude West at:

29°31′59″ ...... 92°18′45″ Latitude North Longitude West 29°31′10″ ...... 92°18′54″ 29°31′13″ ...... 92°19′14″ 29°05′57″ ...... 90°34′32″ 29°27′44″ ...... 92°19′53″ 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 and lines joining points at: 29°27′34″ ...... 92°18′45″ ° ′ ″ ° ′ ″ 29 31 03 ...... 92 18 06 Latitude North Longitude West 29°31′06″ ...... 92°18′26″ ° ′ ″ ° ′ ″ 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

987

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(23) Belle Pass Safety Fairway. The Latitude North Longitude West area between a line joining points at: 27°33′06″ ...... 96°30′21″ 27°33′15″ ...... 96°28′16″ Latitude North Longitude West 27°33′33″ ...... 96°24′06″ 28°00′36″ ...... 90°08′18″ 29°05′06″ ...... 90°14′07″ 29°02′50″ ...... 90°14′46″ and rhumb lines joining points at: and a line joining points at: Latitude North Longitude West

Latitude North Longitude West 27°34′50″ ...... 96°34′01″ 27°34′59″ ...... 96°31′56″ ° ′ ″ ° ′ ″ 29 02 56 ...... 90 13 48 27°35′17″ ...... 96°27′46″ 29°05′06″ ...... 90°13′10″ 27°38′02″ ...... 95°49′39″ 27°38′12″ ...... 95°47′19″ (24) Barataria Pass Safety Fairway. 27°44′03″ ...... 94°26′12″ 27°44′13″ ...... 94°23′57″ The area between a line joining points 27°51′58″ ...... 92°36′20″ at: 27°52′09″ ...... 92°33′40″ 28°02′32″ ...... 90°09′28″ Latitude North Longitude West (28) Southwest Pass (Mississippi River) 29°16′00″ ...... 89°57′00″ 29°14′54″ ...... 89°55′48″ Safety Fairway—(i) Southwest Pass (Mis- sissippi River) to Gulf Safety Fairway. and a line joining points at: The area enclosed by rhumb lines joining points at: Latitude North Longitude West Latitude North Longitude West 29°16′30″ ...... 89°56′06″ ° ′ ″ ° ′ ″ 29°15′18″ ...... 89°55′00″ 28 54 33 ...... 89 26 07 28°52′42″ ...... 89°27′06″ 28°50′00″ ...... 89°27′06″ (25) Grand Bayou Pass Safety Fairway. 28°02′32″ ...... 90°09′28″ The areas between a line joining points at: and rhumb lines joining points at:

Latitude North Longitude West Latitude North Longitude West

29°17′36″ ...... 89°41′36″ 28°54′18″ ...... 89°25′46″ 29°16′48″ ...... 89°42′12″ 28°53′30″ ...... 89°25′18″ 28°53′30″ ...... 89°23′48″ 28°50′40″ ...... 89°24′48″ and a line joining points at: 28°48′48″ ...... 89°24′48″ 28°47′24″ ...... 89°26′30″ Latitude North Longitude West 28°00′36″ ...... 90°08′18″ 29°17′18″ ...... 89°40′36″ 29°16′18″ ...... 89°41′18″ (ii) Southwest Pass (Mississippi River) to Sea Safety Fairway. The area en- (26) Empire to the Gulf Safety Fairway. closed by rhumb lines joining points at: The area between a line joining points Latitude North Longitude West at: 28°54′33″ ...... 89°26′07″ Latitude North Longitude West 28°52′42″ ...... 89°27′06″ 28°50′00″ ...... 89°27′06″ 29°15′22″ ...... 89°36′55″ 28°47′24″ ...... 89°26′30″ 29°13′52″ ...... 89°37′15″ 28°36′28″ ...... 89°18′45″

and a line joining points at: and rhumb lines joining points at:

Latitude North Longitude West Latitude North Longitude West

29°13′24″ ...... 89°36′11″ 28°54′18″ ...... 89°25′46″ 29°14′54″ ...... 89°35′51″ 28°53′30″ ...... 89°25′18″ 28°53′30″ ...... 89°23′48″ 28°50′40″ ...... 89°24′48″ (27) Gulf Safety Fairway. Aransas Pass 28°48′48″ ...... 89°24′48″ Safety Fairway to Southwest Pass Safety 28°45′06″ ...... 89°22′12″ Fairway. The areas between rhumb 28°43′27″ ...... 89°21′01″ lines joining points at: 28°37′54″ ...... 89°17′06″

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(iii) Southwest Pass (Mississippi River) Latitude North Longitude West to South Pass (Mississippi River) Safety 28°56′16″ ...... 88°58′29″ Fairway. The areas between rhumb line 29°03′30″ ...... 88°45′42″ joining points at: 29°23′06″ ...... 88°54′11″ 29°26′28″ ...... 88°55′39″ Latitude North Longitude West (31) South Pass (Mississippi River) An- 28°45′06″ ...... 89°22′12″ 28°55′56″ ...... 89°03′09″ chorage. The areas within rhumb lines joining points at:

and rhumb lines joining points at: Latitude North Longitude West

Latitude North Longitude West 29°00′00″ ...... 89°07′00″ 29°03′36″ ...... 89°02′18″ ° ′ ″ ° ′ ″ 28 43 27 ...... 89 21 01 28°57′56″ ...... 89°02′18″ 28°54′55″ ...... 89°00′44″ (32) Mississippi River-Gulf Outlet Safety (29) Southwest Pass (Mississippi River) Fairway. (i) The areas between rhumb Anchorage. The area enclosed by rhumb lines joining points at: lines joining points at: Latitude North Longitude West Latitude North Longitude West 29°42′10″ ...... 89°25′49″ ° ′ ″ ° ′ ″ 28 53 30 ...... 89 23 48 29°29′33″ ...... 89°07′47″ ° ′ ″ ° ′ ″ 28 53 30 ...... 89 21 48 29°27′14″ ...... 89°03′20″ ° ′ ″ ° ′ ″ 28 55 06 ...... 89 21 48 29°24′38″ ...... 89°00′00″ ° ′ ″ ° ′ ″ 28 55 06 ...... 89 19 18 29°24′35″ ...... 88°57′17″ 28°52′41″ ...... 89°17′30″ 28°50′40″ ...... 89°21′14″ 28°50′40″ ...... 89°24′48″ and rhumb lines joining points at:

(30) South Pass (Mississippi River) Safe- Latitude North Longitude West ty Fairway—(i) South Pass to Sea Safety 29°42′29″ ...... 89°25′31″ Fairway. The areas between rhumb 29°29′53″ ...... 89°07′31″ lines joining points at: 29°27′01″ ...... 89°01′54″ 29°26′38″ ...... 88°58′43″ Latitude North Longitude West (ii) Mississippi River-Gulf Outlet Chan- 28°59′18″ ...... 89°08′30″ nel to Mobile Ship Channel Safety Fair- 28°58′42″ ...... 89°07′30″ 28°58′09″ ...... 89°08′30″ way. The areas within rhumb lines 28°55′56″ ...... 89°03′09″ joining points at: 28°54′55″ ...... 89°00′44″ 28°54′15″ ...... 88°59′00″ Latitude North Longitude West

29°26′38″ ...... 88°58′43″ and rhumb lines joining points at: 29°29′57″ ...... 88°54′48″ 29°38′59″ ...... 88°44′04″ Latitude North Longitude West 29°56′43″ ...... 88°20′50″ 29°58′03″ ...... 88°19′05″ East jetty light: 30°05′29″ ...... 88°09′19″ 28°59′24″ ...... 89°08′12″ 29°00′09″ ...... 89°07′24″ 29°00′00″ ...... 89°07′00″ and rhumb lines joining points at: 28°57′56″ ...... 89°02′18″ 28°57′18″ ...... 89°00′48″ Latitude North Longitude West 28°56′16″ ...... 88°58′29″ 28°55′42″ ...... 88°57′06″ 29°26′28″ ...... 88°55′39″ 29°27′54″ ...... 88°53′54″ (ii) South Pass (Mississippi River) to 29°37′32″ ...... 88°42′28″ 29°55′14″ ...... 88°19′15″ Mississippi River-Gulf Outlet Channel 29°56′34″ ...... 88°17′30″ Safety Fairway. The areas between 30°03′50″ ...... 88°08′01″ rhumb lines joining points at: 30°05′15″ ...... 88°06′05″

Latitude North Longitude West (33) Mississippi River-Gulf Outlet An- chorage. (i) The areas within rhumb 28°57′18″ ...... 89°00′48″ 29°04′18″ ...... 88°48′31″ lines joining points at: 29°24′35″ ...... 88°57′17″ Latitude North Longitude West

and rhumb lines joining points at: 29°27′01″ ...... 89°01′54″

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Latitude North Longitude West and rhumb line joining points at:

29°32′12″ ...... 88°55′42″ Latitude North Longitude West 29°29′57″ ...... 88°54′48″ 29°26′38″ ...... 88°58′43″ 30°07′42″ ...... 88°55′37″ 30°08′27″ ...... 88°36′57″ (ii) The areas within rhumb lines joining points at: (37) Pascagoula Safety Fairway. The areas between rhumb lines joining Latitude North Longitude West points at:

29°26′28″ ...... 88°55′39″ Latitude North Longitude West 29°27′54″ ...... 88°53′54″ 29°24′33″ ...... 88°52′27″ 30°20′46″ ...... 88°34′39″ 29°23′06″ ...... 88°54′11″ 30°20′21″ ...... 88°34′39″ 30°17′00″ ...... 88°31′21″ 30°12′59″ ...... 88°30′53″ (34) Gulfport Safety Fairway. The 30°11′50″ ...... 88°32′05″ areas between rhumb lines joining 30°08′27″ ...... 88°36′57″ points at: 30°06′38″ ...... 88°31′26″ 29°56′43″ ...... 88°20′50″ ° ′ ″ ° ′ ″ Latitude North Longitude West 29 55 14 ...... 88 19 15 29°20′00″ ...... 87°41′47″ 30°20′54″ ...... 89°05′36″ 30°13′56″ ...... 88°59′42″ and rhumb line joining points at: 30°11′09″ ...... 88°59′56″ 30°06′45″ ...... 88°56′24″ Latitude North Longitude West 30°05′42″ ...... 88°56′24″ 30°20′30″ ...... 88°33′18″ and rhumb lines joining points at: 30°18′39″ ...... 88°31′25″

Latitude North Longitude West and rhumb line joining points at: ° ′ ″ ° ′ ″ 30 21 27 ...... 89 04 38 Latitude North Longitude West 30°14′11″ ...... 88°58′29″ 30°11′29″ ...... 88°58′45″ 30°20′26″ ...... 188°31′25″ 30°07′42″ ...... 88°55′37″ 30°18′39″ ...... 188°31′25″

(35) Biloxi Safety Fairway. The area and rhumb lines joining points at: between lines joining points at: Latitude North Longitude West Latitude North Longitude West 30°19′21″ ...... 88°30′12″ 30°24′06″ ...... 88°50′57″ 30°17′25″ ...... 88°30′12″ 30°23′15″ ...... 88°50′22″ 30°12′46″ ...... 88°29′42″ 30°21′11″ ...... 88°47′36″ 30°11′21″ ...... 88°31′00″ 30°20′13″ ...... 88°47′04″ 30°09′33″ ...... 88°29′48″ 30°15′06″ ...... 88°47′06″ 30°07′30″ ...... 88°29′09″ 30°13′09″ ...... 88°47′46″ 29°58′03″ ...... 88°19′05″ 30°12′23″ ...... 88°49′02″ 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 between rhumb line joining points at: 30°24′27″ ...... 88°50′31″ 30°23′57″ ...... 88°49′31″ Latitude North Longitude West 30°21′42″ ...... 88°46′36″ 30°20′25″ ...... 88°45′55″ 30°09′33″ ...... 88°29′48″ 30°14′57″ ...... 88°45′57″ 30°07′15″ ...... 88°06′54″ 30°12′56″ ...... 88°46′39″ 30°12′00″ ...... 88°45′25″ and rhumb line joining points at:

(36) Ship Island Pass to Horn Island Latitude North Longitude West Pass Safety Fairway. The areas between rhumb line joining points at: 30°07′30″ ...... 88°29′09″ 30°05′29″ ...... 88°09′19″ Latitude North Longitude West (39) Mobile Safety Fairway—(i) Mobile 30°05′42″ ...... 88°56′24″ Ship Channel Safety Fairway. The areas ° ′ ″ ° ′ ″ 30 06 38 ...... 88 31 26 between rhumb lines joining points at:

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Latitude North Longitude West Latitude North Longitude West

30°38′46″ ...... 88°03′24″ 30°05′15″ ...... 88°06′05″ 30°38′14″ ...... 88°02′42″ 30°05′15″ ...... 88°01′13″ 30°31′59″ ...... 88°02′00″ 30°03′50″ ...... 88°00′00″ 30°31′59″ ...... 88°04′59″ 30°03′50″ ...... 88°08′01″

and rhumb lines joining points at: (41) Pensacola Safety Fairway. The areas between rhumb lines joining Latitude North Longitude West points at: ° ′ ″ ° ′ ″ 30 31 00 ...... 88 05 30 Latitude North Longitude West 30°31′00″ ...... 88°01′54″ 30°26′55″ ...... 88°01′26″ 30°23′41″ ...... 87°14′34″ 30°16′35″ ...... 88°02′45″ 30°23′06″ ...... 87°13′53″ 30°14′09″ ...... 88°03′24″ 30°22′54″ ...... 87°13′53″ 30°10′36″ ...... 88°03′53″ 30°20′47″ ...... 87°15′45″ 30°08′10″ ...... 88°04′40″ 30°07′15″ ...... 88°06′54″ and rhumb lines joining points at:

and rhumb lines joining points at: Latitude North Longitude West

Latitude North Longitude West 30°18′43″ ...... 87°19′24″ 30°15′57″ ...... 87°18′19″ 30°39′55″ ...... 88°01′15″ 30°14′20″ ...... 87°19′05″ 30°37′06″ ...... 88°01′23″ 30°12′31″ ...... 87°18′00″ 30°26′11″ ...... 88°00′11″ 30°10′03″ ...... 87°18′00″ ° ′ ″ ° ′ ″ 30 16 18 ...... 88 01 35 29°37′00″ ...... 87°18′00″ 30°13′52″ ...... 88°01′12″ 30°13′14″ ...... 88°01′12″ 30°10′36″ ...... 88°01′35″ and rhumb lines joining points at: 30°08′04″ ...... 88°00′36″ Latitude North Longitude West

(ii) Mobile Ship Channel to Sea Safety 30°26′27″ ...... 87°08′28″ Fairway. The areas between rhumb 30°25′35″ ...... 87°10′30″ lines joining points at:

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″ 30°22′36″ ...... 87°11′50″ and rhumb line joining points at: 30°19′21″ ...... 87°14′46″ 30°19′52″ ...... 87°17′31″ Latitude North Longitude West

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

(iii) Mobile to Pensacola Safety Fair- 30°19′15″ ...... 87°17′37″ way. The areas between rhumb line 30°16′28″ ...... 87°16′32″ joining points at: 30°14′32″ ...... 87°16′06″ 30°12′33″ ...... 87°15′43″ Latitude North Longitude West 29°42′30″ ...... 87°15′43″

30°08′04″ ...... 88°00′36″ ° ′ ″ ° ′ ″ (42) Pensacola Anchorage. (i) The area 30 14 20 ...... 87 19 05 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°12′31″ ...... 87°18′00″ 30°06′17″ ...... 87°59′15″ 30°10′03″ ...... 87°18′00″ 30°12′31″ ...... 87°18′00″ 30°09′21″ ...... 87°22′41″

(40) Mobile Anchorage. The areas with- (ii) The area within rhumb lines join- in rhumb lines joining points at: ing points at:

991

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Latitude North Longitude West Latitude North Longitude West

30°16′28″ ...... 87°16′32″ 29°49′54″ ...... 85°19′24″ 30°17′14″ ...... 87°11′52″ 29°50′59″ ...... 85°22′25″ 30°15′14″ ...... 87°11′52″ 29°53′32″ ...... 85°22′25″ 30°14′32″ ...... 87°16′06″ 29°54′12″ ...... 85°24′00″ 29°54′12″ ...... 85°25′55″ 29°52′58″ ...... 85°28′43″ (43) Pensacola to Panama City Safety 29°53′00″ ...... 85°29′48″ Fairway. The area between rhumb lines 29°51′39″ ...... 85°42′25″ joining points at: 29°51′20″ ...... 85°45′15″

Latitude North Longitude West and rhumb lines joining points at: 30°14′32″ ...... 87°16′06″ Latitude North Longitude West 30°15′14″ ...... 87°11′52″ ° ′ ″ ° ′ ″ 30 18 45 ...... 86 50 00 29°48′22″ ...... 85°18′12″ ° ′ ″ ° ′ ″ 30 18 00 ...... 86 20 00 29°47′21″ ...... 85°21′00″ ° ′ ″ ° ′ ″ 29 51 30 ...... 85 47 33 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″ 29°51′57″ ...... 85°28′19″ Latitude West Longitude West 29°51′04″ ...... 85°29′00″ 29°50′40″ ...... 85°32′39″ 30°12′33″ ...... 87°15′43″ 29°49′19″ ...... 85°45′15″ 30°16′44″ ...... 86°49′49″ 30°16′01″ ...... 86°20′57″ 29°48′45″ ...... 85°47′33″ (47) Port St. Joe Anchorage. The area within rhumb lines joining points at: (44) Panama City Safety Fairways. The areas between rhumb lines joining Latitude North Longitude West points at: 29°50′40″ ...... 85°32′39″ 29°51′04″ ...... 85°29′00″ Latitude North Longitude West 29°49′18″ ...... 85°30′18″

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

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

29°55′27″ ...... 85°45′15″ Latitude North Longitude West ° ′ ″ ° ′ ″ 29 55 27 ...... 85 42 25 27°36′48″ ...... 83°00′00″ ° ′ ″ ° ′ ″ 29 51 39 ...... 85 42 25 27°39′00″ ...... 83°00′00″ ° ′ ″ ° ′ ″ 29 51 20 ...... 85 45 15 27°39′00″ ...... 82°55′54″ 27°36′48″ ...... 82°55′54″ (46) Port St. Joe Fairway to Panama City Fairway. The area between rhumb (ii) Western Tampa Fairway Anchor- lines joining points at: age. The area enclosed by rhumb lines

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[North American Datum of 1927 (NAD– [North American Datum of 1927 (NAD– 27)] joining points at: 27)], joining points at:

Latitude North Longitude West Latitude North Longitude West

27°36′48″ ...... 83°05′06″ 28°57′15″ ...... 94°23′55″ 27°39′00″ ...... 83°05′06″ 28°51′30″ ...... 93°56′30″ 27°39′00″ ...... 83°01′00″ 28°48′30″ ...... 93°51′45″ 27°36′48″ ...... 83°01′00″ 28°55′15″ ...... 94°23′55″

(50) Charlotte Safety Fairways. The [CGD 81–040, 47 FR 20581, May 13, 1982] area between rhumb lines joining points at: EDITORIAL NOTE: For FEDERAL REGISTER ci- tations affecting § 166.200, see the List of CFR Latitude North Longitude West Sections Affected, which appears in the Finding Aids section of the printed volume 26°41′18″ ...... 82°19′00″ and at www.fdsys.gov. 25°30′00″ ...... 84°22′00″ § 166.300 Areas along the coast of Cali- and rhumb lines joining points at: fornia.

Latitude North Longitude West (a) Purpose. Fairways as described in this section are established to control 26°40′19″ ...... 82°18′28″ the erection of structures therein to 26°38′30″ ...... 82°19′54″ 26°39′00″ ...... 82°19′00″ provide safe vessel routes along the 25°28′00″ ...... 84°21′30″ coast of California. (b) Designated Areas—(1) Port Hueneme (51) Charlotte Anchorage. The area Safety Fairway. An area one nautical within rhumb lines joining points at: mile in width centered on the aline- ment of Port Hueneme Entrance Chan- Latitude North Longitude West nel and extending seaward from the 30- 26°39′00″ ...... 82°19′00″ foot-depth curve for a distance of 1.5 26°38′12″ ...... 82°18′24″ nautical miles, thence turning south- 26°37′36″ ...... 82°19′18″ ° ′ ″ ° ′ ″ erly and widening to 1.5 nautical miles 26 38 30 ...... 82 19 54 at the 3-mile limit, all between lines (52) Louisiana Offshore Oil Port joining the following points: (LOOP) Shipping Safety Fairway to Safe- Latitude Longitude ty Zone—(i) North of Gulf Safety Fair- way. The two mile wide area enclosed 34°06′30″ N 119°15′00″ W 34°07′37″ N 119°14′25″ W by rhumb lines joining points at: 34°08′49″ N 119°13′21″ W Latitude North Longitude West thence generally along the 30-foot-depth 28°48′36″ ...... 89°55′00″ curve to the seaward end of the west en- 28°48′14″ ...... 89°54′17″ trance jetty; seaward end of the east en- 28°45′47″ ...... 89°54′19″ trance jetty, thence generally along the 30- 28°36′06″ ...... 89°55′44″ foot-depth curve to: 28°18′30″ ...... 89°55′15″ ° ′ ″ ° ′ ″ 28 20 58 ...... 89 53 03 Latitude Longitude 28°36′09″ ...... 89°53′28″ ° ′ ″ ° ′ ″ 28 49 07 ...... 89 51 30 34°08′21″ N 119°12′15″ W ° ′ ″ ° ′ ″ 28 50 20 ...... 89 53 51 34°07′10″ N 119°13′20″ W 34°05′48″ N 119°13′23″ W (ii) South of Gulf Safety Fairway. The two-mile-wide area enclosed by rhumb (2) [Reserved] lines joining points at: [CGD 82–101, 48 FR 49019, Oct. 24, 1983] Latitude North Longitude West § 166.400 Areas along the coast of Alas- 28°15′20″ ...... 89°55′10″ ka. 27°46′29″ ...... 89°54′23″ 27°46′32″ ...... 89°52′08″ (a) Purpose. Fairways, as described in 28°17′48″ ...... 89°52′58″ this section, are established to control the erection of structures therein to (53) Heald Bank Cutoff Safety Fairway. provide safe vessel routes along the The area enclosed by rhumb lines coast of Alaska.

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(b) Designated Areas—(1) Prince Wil- provide safe vessel routes along the At- liam Sound Safety Fairway. (i) lantic Coast. Hinchinbrook Entrance Safety Fairway. (b) Designated Areas—(1) Off New York The area enclosed by rhumb lines join- Shipping Safety Fairway. (i) Ambrose to ing points at: Nantucket Safety Fairway. The area enclosed by rhumb lines, [North Amer- Latitude Longitude ican Datum of 1927 (NAD–27)] joining 59°59′00″ N 145°27′24″ W points at: 60°13′18″ N 146°38′06″ W 60°11′24″ N 146°47′00″ W Latitude Longitude 59°55′00″ N 145°42′00″ W 40°32′20″ N 73°04′57″ W (ii) Gulf to Hinchinbrook Safety Fair- 40°30′58″ N 72°58′25″ W ° ′ ″ ° ′ ″ way (recommended for inbound vessel 40 34 07 N 70 19 23 W 40°35′37″ N 70°14′09″ W traffic). The area enclosed by rhumb 40°30′37″ N 70°14′00″ W lines joining points at: 40°32′07″ N 70°19′19″ W 40°28′58″ N 72°58′25″ W Latitude Longitude 40°27′20″ N 73°04′57″ W

59°15′42″ N 144°02′07″ W 59°59′00″ N 145°27′24″ W (ii) Nantucket to Ambrose Safety Fair- 59°58′00″ N 145°32′12″ W way. The area enclosed by rhumb lines, 59°14′18″ N 144°04′53″ W NAD–27, joining point at:

(iii) Hinchinbrook to Gulf Safety Fair- Latitude Longitude way (recommended for outbound vessel 28°54′33″ N 89°26′07″ W traffic). The area enclosed by rhumb 40°24′20″ N 73°04′58″ W lines joining points at: 40°22′58″ N 72°58′26″ W 40°26′07″ N 70°19′09″ W Latitude Longitude 40°27′37″ N 70°13′46″ W 40°22′37″ N 70°13′36″ W ° ′ ″ ° ′ ″ 59 15 41 N 144 23 35 W 40°24′07″ N 70°19′05″ W ° ′ ″ ° ′ ″ 59 56 00 N 145 37 39 W 40°20′58″ N 72°58′26″ W ° ′ ″ ° ′ ″ 59 55 00 N 145 42 00 W 40°19′20″ N 73°04′58″ W 59°14′19″ N 144°26′25″ W

(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 54°22′02″ N 165°43′36″ W 167.1 Purpose. 167.3 Geographic coordinates. (ii) North/South Safety Fairway. The 167.5 Definitions. area enclosed by rhumb lines joining 167.10 Operating rules. 167.15 Modification of schemes. points at:

Latitude Longitude Subpart B—Description of Traffic Separa- tion Schemes and Precautionary Areas 54°42′28″ N 165°16′19″ W 54°43′32″ N 165°09′41″ W 167.50 In the approaches to Portland, ME: 54°22′50″ N 165°06′54″ W General. 54°22′10″ N 164°59′29″ W 167.51 In the approaches to Portland, ME: Precautionary area. [CGD 81–103, 51 FR 43349, Dec. 2, 1986] 167.52 In the approaches to Portland, ME: Eastern approach. § 166.500 Areas along the Atlantic 167.53 In the approaches to Portland, ME: Coast. Southern approach. 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- the erection of structures therein to cautionary areas.

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167.77 In the approach to Boston, MA: Traf- 167.406 Off San Francisco: Area to be avoid- fic separation scheme. ed. 167.100 In the approaches to Narragansett 167.450 In the Santa Barbara Channel Traf- Bay, RI, and Buzzards Bay, MA: General. fic Separation Scheme: General. 167.101 In the approaches to Narragansett 167.451 In the Santa Barbara Channel: Be- Bay, RI, and Buzzards Bay, MA: Pre- tween Point Vicente and Point Concep- cautionary areas. tion. 167.102 In the approaches to Narragansett 167.452 In the Santa Barbara Channel: Be- Bay, RI, and Buzzards Bay, MA: Narra- tween Point Conception and Point gansett Bay approach. Arguello. 167.103 In the approaches to Narragansett 167.500 In the approaches to Los Angeles- Bay, RI, and Buzzards Bay, MA: Buzzards Long Beach Traffic Separation Scheme: Bay approach. General. ATLANTIC EAST COAST 167.501 In the approaches to Los Angeles/ Long Beach: Precautionary area. 167.150 Off New York Traffic Separation 167.502 In the approaches to Los Angeles- Scheme: General. Long Beach: Western approach. 167.151 Off New York: Precautionary areas. 167.503 In the approaches to Los Angeles- 167.152 Off New York: Eastern approach, off Long Beach TSS: Southern approach. Nantucket. 167.153 Off New York: Eastern approach. 167.1300 In the approaches to the Strait of 167.154 Off New York: South-eastern ap- Juan de Fuca: General. proach. 167.1301 In the approaches to the Strait of 167.155 Off New York: Southern approach. Juan de Fuca: Western approach. 167.170 Off Delaware Bay Approach Traffic 167.1302 In the approaches to the Strait of Separation Scheme: General. Juan de Fuca: Southwestern approach. 167.171 Off Delaware Bay: Eastern approach. 167.1303 In the approaches to the Strait of 167.172 Off Delaware Bay: Southeastern ap- Juan de Fuca: Precautionary area ‘‘JF.’’ proach. 167.1310 In the Strait of Juan de Fuca: Gen- 167.173 Off Delaware Bay: Two-Way Traffic eral. Route. 167.1311 In the Strait of Juan de Fuca: West- 167.174 Off Delaware Bay: Precautionary ern lanes. area. 167.1312 In the Strait of Juan de Fuca: 167.200 In the approaches to Chesapeake Southern lanes. Bay Traffic Separation Scheme: General. 167.1313 In the Strait of Juan de Fuca: 167.201 In the approaches to Chesapeake Northern lanes. Bay: Precautionary area. 167.1314 In the Strait of Juan de Fuca: East- 167.202 In the approaches to Chesapeake ern lanes. Bay: Eastern approach. 167.1315 In the Strait of Juan de Fuca: Pre- 167.203 In the approaches to Chesapeake cautionary area ‘‘PA.’’ Bay: Southern approach. 167.1320 In Puget Sound and its approaches: 167.250 In the approaches to the Cape Fear General. River: General. 167.251 In the approaches to the Cape Fear 167.1321 In Puget Sound and its approaches: River: Precautionary area. Rosario Strait. 167.252 In the approaches to the Cape Fear 167.1322 In Puget Sound and its approaches: River: Traffic separation scheme. Approaches to Puget Sound other than Rosario Strait. ATLANTIC GULF COAST 167.1323 In Puget Sound and its approaches: Puget Sound. 167.350 In the approaches to Galveston Bay Traffic Separation Scheme and pre- 167.1330 In Haro Strait, Boundary Pass, and cautionary areas. the Strait of Georgia: General. 167.1331 In Haro Strait and Boundary Pass. PACIFIC WEST COAST 167.1332 In the Strait of Georgia. 167.400 Off San Francisco Traffic Separation 167.1700 In Prince William Sound: General. Scheme: General. 167.1701 In Prince William Sound: Pre- 167.401 Off San Francisco: Precautionary cautionary areas. area. 167.1702 In Prince William Sound: Prince 167.402 Off San Francisco: Northern ap- William Sound Traffic proach. 167.1703 In Prince William Sound: Valdez 167.403 Off San Francisco: Southern ap- Arm Traffic Separation Scheme. proach. AUTHORITY: 33 U.S.C. 1223; Department of 167.404 Off San Francisco: Western ap- Homeland Security Delegation No. 0170.0. proach. 167.405 Off San Francisco: Main ship chan- SOURCE: CGD 81–080, 48 FR 36456, Aug. 11, nel. 1983, unless otherwise noted.

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Subpart A—General (g) Two-way route means a route within defined limits inside which two- § 167.1 Purpose. way traffic is established, aimed at providing safe passage of ships through The purpose of the regulations in this waters where navigation is difficult or part is to establish and designate traf- dangerous. fic separation schemes and precautionary areas to provide access [CGD 81–080, 48 FR 36456, Aug. 11, 1983; 49 FR routes for vessels proceeding to and 15548, Apr. 19, 1984, as amended by CGD 90– from U.S. ports. 039, 59 FR 21937, Apr. 28, 1994; CGD 97–004, 65 FR 12945, Mar. 10, 2000; USCG–1999–5700, 65 FR § 167.3 Geographic coordinates. 46605, July 31, 2000] Geographic coordinates are defined § 167.10 Operating rules. using North American 1927 Datum (NAD 27) unless indicated otherwise. The operator of a vessel in a TSS shall comply with Rule 10 of the Inter- [CGD 90–039, 59 FR 21937, Apr. 28, 1994] national Regulations for Preventing Collisions at Sea, 1972, as amended. § 167.5 Definitions. (a) Area to be avoided means a routing § 167.15 Modification of schemes. measure comprising an area within de- (a) A traffic separation scheme or fined limits in which either navigation precautionary area described in this is particularly hazardous or it is excep- part may be permanently amended in tionally important to avoid casualties accordance with 33 U.S.C. 1223 (92 Stat. and which should be avoided by all 1473), and with international agree- ships or certain classes of ships. ments. (b) Traffic separation scheme (TSS) (b) A traffic separation scheme or means a designated routing measure precautionary area in this part may be which is aimed at the separation of op- temporarily adjusted by the Com- posing streams of traffic by appro- mandant of the Coast Guard in an priate means and by the establishment emergency, or to accommodate oper- of traffic lanes. ations which would create an undue (c) Traffic lane means an area within hazard for vessels using the scheme or defined limits in which one-way traffic which would contravene Rule 10 of the is established. Natural obstacles, in- International Regulations for Pre- cluding those forming separation venting Collisions at Sea, 1972. Adjust- zones, may constitute a boundary. ment may be in the form of a tem- (d) Separation zone or line means a porary traffic lane shift, a temporary zone or line separating the traffic lanes suspension of a section of the scheme, in which ships are proceeding in oppo- a temporary precautionary area over- site or nearly opposite directions; or laying a lane, or other appropriate separating a traffic lane from the adja- measure. Adjustments will only be cent sea area; or separating traffic made where, in the judgment of the lanes designated for particular classes Coast Guard, there is no reasonable al- of ships proceeding in the same direc- ternative means of conducting an oper- tion. ation and navigation safety will not be (e) Precautionary area means a rout- jeopardized by the adjustment. Notice ing measure comprising an area within of adjustments will be made in the ap- defined limits where ships must navi- propriate Notice to Mariners and in the gate with particular caution and with- FEDERAL REGISTER. Requests by mem- in which the direction of traffic flow bers of the public for temporary adjust- may be recommended. ments to traffic separation schemes (f) Deep-water route means an inter- must be submitted 150 days prior to the nationally recognized routing measure time the adjustment is desired. Such primarily intended for use by ships Requests, describing the interference that, because of their draft in relation that would otherwise occur to a TSS, to the available depth of water in the should be submitted to the District area concerned, require the use of such Commander of the Coast Guard Dis- a route. trict in which the TSS is located.

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Subpart B—Description of Traffic § 167.75 In the approach to Boston, Separation Schemes and Pre- MA: General. cautionary Areas The traffic separation scheme (TSS) in the approach to Boston, MA, con- § 167.50 In the approaches to Portland, sists of three parts: Two precautionary ME: General. areas and a TSS. The specific areas in The traffic separation scheme in the the TSS in the approach to Boston, approaches to Portland, ME, consists MA, are described in §§ 167.76 and 167.77. of three parts: A precautionary area, The geographic coordinates in §§ 167.76 an Eastern approach and a Southern and 167.77 are defined using North approach. The specific areas in the American Datum 1983 (NAD 83), which traffic separation scheme in the ap- is equivalent to WGS 1984 datum. proaches to Portland, ME, are de- [USCG–2010–0718, 75 FR 77533, Dec. 13, 2010] scribed in §§ 167.51 through 167.53. § 167.76 In the approach to Boston, [USCG–2010–0718, 75 FR 77533, Dec. 13, 2010] MA: Precautionary areas. § 167.51 In the approaches to Portland, (a) A precautionary area is estab- ME: Precautionary area. lished with a radius of 6.17 nautical A precautionary area is established miles centered upon geographical posi- ° ′ ° ′ with a radius of 5.45 miles centered tion 42 22.71 N, 70 46.97 W. upon geographical position 43°31.60′ N, (b) (1) A precautionary area is estab- 70°05.53′ W, the areas within separation lished and is bounded to the east by a zones and traffic lanes excluded. circle of radius 15.5 miles, centered upon geographical position 40°35.01′ N, [USCG–2010–0718, 75 FR 77533, Dec. 13, 2010] 68°59.96′ W, intersected by the traffic separation schemes in the approach to § 167.52 In the approaches to Portland, Boston, MA, and Eastern approach, off ME: Eastern approach. Nantucket (part II of the TSS off New (a) A separation zone 1 mile wide is York) at the following geographical po- established and is centered upon the sitions: following geographical positions: Latitude Longitude Latitude Longitude 40°50.47′ N ...... 68°58.67′ W. ° ′ ° ′ 43°30.18′ N ...... 069°59.17′ W. 40 23.75 N ...... 69 13.95 W. 43°24.28′ N ...... 069°32.70′ W. (2) The precautionary area is bounded (b) A traffic lane 1⁄2 miles wide is es- to the west by a line connecting the tablished on each side of the separation two TSSs between the following geo- zone. graphical positions:

[USCG–2010–0718, 75 FR 77533, Dec. 13, 2010] Latitude Longitude

40°48.03′ N ...... 69°02.95′ W. § 167.53 In the approaches to Portland, ° ′ ° ′ ME: Southern approach. 40 36.76 N ...... 69 15.13 W. (a) A separation zone 1 mile wide is [USCG–2010–0718, 75 FR 77534, Dec. 13, 2010] established and is centered upon the following geographical positions: § 167.77 In the approach to Boston, MA: Traffic separation scheme. Latitude Longitude (a) A separation zone 1 mile wide is 43°27.00′ N ...... 70°03.48′ W. established and is centered upon the ° ′ ° ′ 43 07.82 N ...... 69 54.95 W. following geographic positions:

1 (b) A traffic lane 1 ⁄2 mile wide is es- Latitude Longitude tablished on each side of the separation zone. 42°20.73′ N ...... 70°39.06′ W. 42°18.28′ N ...... 70°01.14′ W. [USCG–2010–0718, 75 FR 77533, Dec. 13, 2010] 40°49.25′ N ...... 69°00.81′ W.

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(b) A traffic lane for northbound traf- § 167.102 In the approaches to Narra- fic is established between the separa- gansett Bay, RI, and Buzzards Bay, tion zone and a line connecting the fol- MA: Narragansett Bay approach. lowing geographical positions: (a) A separation zone 2 miles wide is established and is centered upon the Latitude Longitude following geographical positions: 40°50.47′ N ...... 68°58.67′ W. 42°20.17′ N ...... 69°59.40′ W. Latitude Longitude 42°22.71′ N ...... 70°38.62′ W. 41°22.70′ N ...... 71°23.30′ W. 41°11.10′ N ...... 71°23.30′ W. (c) A traffic lane for southbound traffic is established between the separa- (b) A traffic lane 1 mile wide is estab- tion zone and a line connecting the fol- lished on each side of the separation lowing geographical positions: zone. Latitude Longitude [USCG–2010–0718, 75 FR 77534, Dec. 13, 2010] 42°18.82′ N ...... 70°40.49′ W. 42°16.39′ N ...... 70°02.88′ W. § 167.103 In the approaches to Narra- 40°48.03′ N ...... 69°02.95′ W. gansett Bay, RI, and Buzzards Bay, MA: Buzzards Bay approach.

[USCG–2010–0718, 75 FR 77534, Dec. 13, 2010] (a) A separation zone 1 mile wide is established and is centered upon the § 167.100 In the approaches to Narra- following geographical positions: gansett Bay, RI, and Buzzards Bay, MA: General. Latitude Longitude The traffic separation scheme in the 41°10.20′ N ...... 71°19.10′ W. approaches to Narragansett Bay, RI, 41°21.80′ N ...... 71°07.10′ W. and Buzzards Bay, MA, consists of four parts: Two precautionary areas and (b) A traffic lane 1 mile wide is estab- two approaches—a Narragansett ap- lished on each side of the separation proach and a Buzzards Bay approach. zone. The specific areas in the approaches to NOTE TO § 167.103: A restricted area, 2 miles Narragansett Bay, RI, and Buzzards wide, extending from the southern limit of the Narragansett Bay approach traffic sepa- Bay, MA, are described in §§ 167.101 ration zone to latitude 41°24.70’ N, has been through 167.103. The geographic coordi- established. The restricted area will only be nates in §§ 167.101 through 167.103 are closed to ship traffic by the Naval Under- defined using North American Datum water System Center during periods of day- 1983 (NAD 83), which is equivalent to light and optimum weather conditions for WGS 1984 datum. torpedo range usage. The closing of the restricted area will be indicated by the activa- [USCG–2010–0718, 75 FR 77534, Dec. 13, 2010] tion of a white strobe light mounted on Brenton Reef Light and controlled by a § 167.101 In the approaches to Narra- naval ship supporting the torpedo range ac- gansett Bay, RI, and Buzzards Bay, tivities. There would be no ship restrictions MA: Precautionary areas. expected during inclement weather or when the torpedo range is not in use. (a) A precautionary area is established with a radius of 5.4 miles and is [USCG–2010–0718, 75 FR 77534, Dec. 13, 2010] centered upon geographical position 41°06.00′ N, 71°23.30′ W. ATLANTIC EAST COAST (b) A precautionary area is established with a radius of 3.55 miles and is SOURCE: CGD 84–004, 52 FR 33589, Sept. 4, 1987, unless otherwise noted. centered upon geographical position 41°25.60′ N, 71°23.30′ W. § 167.150 Off New York Traffic Separa- [USCG–2010–0718, 75 FR 77534, Dec. 13, 2010] tion Scheme: General. The specific areas in the Off New York Traffic Separation Scheme and Precautionary Areas are described in

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§§ 167.151, 167.152, 167.153, 167.154, and Latitude Longitude 167.155 of this chapter. 40°35.62′ N 70°14.15′ W [CGD 84–004, 52 FR 33589, Sept. 4, 1987] (c) A traffic lane for eastbound traf- § 167.151 Off New York: Precautionary fic is established between the separa- areas. tion zone and a line connecting the fol- (a) A circular precautionary area lowing geographical positions: with a radius of 7 miles is established centered upon 40°27.50′ N, 73°49.90′ W. Latitude Longitude (b) A precautionary area is estab- 40°22.62′ N 70°13.60′ W lished between the traffic separation 40°23.75′ N 69°14.63′ W scheme ‘‘Eastern Approach, off Nan- tucket’’ and the traffic separation [CGD 84–004, 52 FR 33589, Sept. 4, 1987] scheme ‘‘In the Approach to Boston, Massachusetts.’’ (1) The precautionary § 167.153 Off New York: Eastern ap- area is bounded to the east by a circle proach. of radius 15.5 miles, centered upon geo- (a) A separation zone is established graphical position 40°35.00′ N, 69°00.00′ bounded by a line connecting the fol- W, and is intersected by the traffic sep- lowing geographical positions: aration schemes ‘‘In the Approach to Boston, Massachusetts’’ and ‘‘Off New Latitude Longitude York’’ at the following geographic po- 40°24.33′ N 73°04.97′ W sitions: 40°24.20′ N 73°11.50′ W 40°26.00′ N 73°40.93′ W Latitude Longitude 40°27.00′ N 73°40.75′ W 40°27.20′ N 73°11.50′ W 40°50.33′ N 68°57.00′ W 40°27.33′ N 73°04.95′ W 40°23.75′ N 69°14.63′ W (b) A traffic lane for westbound traf- (2) The precautionary area is bounded fic is established between the separa- to the west by a line connecting the tion zone and a line connecting the fol- two traffic separation schemes between lowing geographical positions: the following geographical positions: Latitude Longitude Latitude Longitude 40°32.33′ N 73°04.95′ W 40°36.75′ N 68°15.16′ W 40°32.20′ N 73°11.50′ W 40°48.00′ N 69°03.33′ W 40°28.00′ N 73°40.73′ W

[CGD 84–004, 52 FR 33589, Sept. 4, 1987, as (c) A traffic lane for eastbound traf- amended by USCG–2010–0351, 75 FR 36287, fic is established between the separa- June 25, 2010] tion zone and a line connecting the following geographical positions: § 167.152 Off New York: Eastern approach, off Nantucket. Latitude Longitude (a) A separation zone is established 40°25.05′ N 73°41.32′ W bounded by a line connecting the fol- 40°19.20′ N 73°11.50′ W ° ′ ° ′ lowing geographical positions: 40 19.33 N 73 04.97 W

Latitude Longitude [CGD 84–004, 52 FR 33589, Sept. 4, 1987] 40°28.75′ N 69°14.83′ W 40°27.62′ N 70°13.77′ W § 167.154 Off New York: South-eastern 40°30.62′ N 70°14.00′ W approach. ° ′ ° ′ 40 31.75 N 69 14.97 W (a) A separation zone is established bounded by a line connecting the fol- (b) A traffic lane for westbound traf- lowing geographical positions: fic is established between the separation zone and a line connecting the fol- Latitude Longitude lowing geographical positions: 40°03.10′ N 73°17.93′ W Latitude Longitude 40°06.50′ N 73°22.73′ W 40°22.45′ N 73°43.55′ W 40°36.75′ N 69°15.17′ W 40°23.20′ N 73°42.70′ W

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Latitude Longitude § 167.170 Off Delaware Bay Approach Traffic Separation Scheme: Gen- 40°08.72′ N 73°20.10′ W 40°05.32′ N 73°15.28′ W eral. The Off Delaware Bay Approach Traf- (b) A traffic lane for north-westbound fic Separation Scheme consists of four traffic is established between the sepa- parts: an Eastern Approach, a South- ration zone and a line connecting the eastern Approach, a Two-Way Traffic following geographical positions: Route, and a Precautionary Area. The specific areas in the Off Delaware Bay Latitude Longitude Approach Traffic Separation Scheme 40°08.98′ N 73°10.87′ W and Precautionary Area are described 40°12.42′ N 73°15.67′ W in §§ 167.171 through 167.174. 40°24.02′ N 73°41.97′ W [CGD 97–004, 65 FR 12945, Mar. 10, 2000] (c) A traffic lane for south-eastbound traffic is established between the sepa- § 167.171 Off Delaware Bay: Eastern ration zone and a line connecting the approach. following geographical positions: (a) A separation zone is established Latitude Longitude bounded by a line connecting the following geographic 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 38°46.30′ N 74°34.45′ W [CGD 84–004, 52 FR 33589, Sept. 4, 1987, as 38°46.33′ N 74°55.75′ W amended by CGD 97–023, 62 FR 33365, June 19, 38°47.45′ N 74°55.40′ W 1997] 38°47.35′ N 74°34.50′ W

§ 167.155 Off New York: Southern ap- (b) A traffic lane for westbound traf- proach. fic is established between the separa- (a) A separation zone is established tion zone and a line connecting the fol- bounded by a line connecting the following geographic positions: lowing geographical positions: Latitude Longitude Latitude Longitude 38°48.32′ N 74°55.30′ W 39°45.70′ N 73°48.00′ W 38°49.80′ N 74°34.60′ W 40°20.63′ N 73°48.33′ W 40°20.87′ N 73°47.07′ W (c) A traffic lane for eastbound traf- 39°45.70′ N 73°44.00′ W fic is established between the separa- (b) A traffic lane for northbound traf- tion zone and a line connecting the fol- fic is established between the separa- lowing geographic positions: tion zone and a line connecting the fol- Latitude Longitude lowing geographical positions: 38°45.45′ N 74°56.20′ W Latitude Longitude 38°44.45′ N 74°34.35′ W 39°45.70′ N 73°37.70′ W 40°21.25′ N 73°45.85′ W [CGD 97–004, 65 FR 12945, Mar. 10, 2000]

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

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(b) A traffic lane for north-westbound 75°05.60′ W to 38°48.32′ N, 74°55.30′ W; traffic is established between separa- then westerly to 38°47.50′ N, 75°01.80′ W; tion zone and a line connecting the fol- then northerly to 38°50.75′ N, 75°03.40′ lowing geographic positions: W; then northeasterly to 38°51.27′ N, 75°02.83′ W; then northerly to 38°54.80′ Latitude Longitude N, 75°01.60′ W; then westerly by an arc 38°28.80′ N 74°39.30′ W of 6.7 nautical miles centered at ° ′ ° ′ 38 45.10 N 74 56.60 W 38°48.90′ N, 75°05.60′ W to 38°55.53′ N, ° ′ (c) A traffic lane for south-eastbound 75 05.87 W; then southwesterly to ° ′ ° ′ traffic is established between the sepa- 38 54.00 N, 75 08.00 W; then southerly ° ′ ° ′ ration zone and a line connecting the to 38 46.60 N, 75 03.55 W; then south- ° ′ ° ′ following geographic positions: easterly to 38 42.80 N, 74 58.90 W. Datum: NAD 83. Latitude Longitude [CGD 97–004, 65 FR 12946, Mar. 10, 2000] 38°42.80′ N 74°58.90′ W ° ′ ° ′ 38 27.00 N 74 45.40 W § 167.200 In the approaches to Chesa- peake Bay Traffic Separation [CGD 97–004, 65 FR 12945, Mar. 10, 2000] Scheme: General. § 167.173 Off Delaware Bay: Two-Way (a) The traffic separation scheme in Traffic Route. the approaches to Chesapeake Bay consists of three parts: a Precautionary The Two-Way Traffic Route is rec- Area, an Eastern Approach, and a ommended for use predominantly by tug and tow traffic transiting to and Southern Approach. The Southern Ap- from the northeast in order to separate proach consists of inbound and out- such traffic from large, inbound vessel bound lanes for vessels drawing 12.8 traffic. meters (42 feet) of fresh water or less, (a) The Two-Way Traffic Route is separated by a deep-water (DW) route bounded on the west and south by a for inbound and outbound vessels with line connecting the following geo- drafts exceeding 12.8 meters (42 feet) in graphic positions: fresh water and for naval aircraft carriers. Each part is defined geographi- Latitude Longitude cally, using North American Datum 38°50.75′ N 75°03.40′ W 1983 (NAD 83), in §§ 167.201, 167.202, 38°47.50′ N 75°01.80′ W 167.203. 38°48.32′ N 74°55.30′ W 38°50.20′ N 74°49.73′ W (b) All vessels approaching the Traf- 39°00.00′ N 74°40.23′ W fic Separation Scheme in the Ap- proaches to Chesapeake Bay should use (b) The two-way traffic route is the appropriate inbound or outbound bounded on the east and north by a line traffic lane. connecting the following geographic positions: [CGD 90–039, 59 FR 21937, Apr. 28, 1994, as amended by USCG–2010–0718, 75 FR 77534, Latitude Longitude Dec. 13, 2010] ° ′ ° ′ 39 00.00 N 74 41.00 W § 167.201 In the approaches to Chesa- 38°50.48′ N 74°50.30′ W 38°48.80′ N 74°55.25′ W peake Bay: Precautionary area. 38°48.33′ N 74°59.30′ W A precautionary area is established 38°49.10′ N 75°01.65′ W 38°51.27′ N 75°02.83′ W 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; [CGD 90–039, 59 FR 21937, Apr. 28, 1994, as then northerly by an arc of eight nau- amended by USCG–2010–0718, 75 FR 77534, tical miles centered at 38°48.90′ N, Dec. 13, 2010]

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§ 167.202 In the approaches to Chesa- (d) A separation line connects the fol- peake Bay: Eastern approach. lowing geographical positions:

(a) A separation line is established Latitude Longitude connecting the following geographical positions: 36°54.44′ N ...... 75°56.09′ W. 36°51.59′ N ...... 75°52.92′ W. 36°48.87′ N ...... 75°47.42′ W. Latitude Longitude

36°57.50′ N ...... 75°48.21′ W. (e) A traffic lane for inbound traffic 36°56.40′ N ...... 75°52.40′ W. is established between the separation ° ′ ° ′ 36 56.40 N ...... 75 54.95 W. lines described in paragraphs (a) and (b) of this section. (b) A traffic lane for westbound traf- (f) A traffic lane for outbound traffic fic is established between the separa- is established between the separation tion line and a line connecting the fol- lines described in paragraphs (c) and lowing geographical positions: (d) of this section. Latitude Longitude (g) A deep-water route is established between the separation lines described ° ′ ° ′ 36 57.94 N ...... 75 48.41 W. in paragraphs (b) and (c) of this sec- 36°56.90′ N ...... 75°52.40′ W. 36°56.90′ N ...... 75°55.14′ W. tion. The following vessels should use the deep-water route established in (c) A traffic lane for eastbound traf- paragraph (g) of this section when fic is established between the separa- bound for Chesapeake Bay from sea or tion line and a line connecting the fol- to sea from Chesapeake Bay: lowing geographical positions: (1) Deep draft vessels (drafts greater than 13.5 meters/45 feet in fresh water); Latitude Longitude and 36°57.04′ N ...... 75°48.01′ W. (2) Naval aircraft carriers. 36°55.88′ N ...... 75°52.40′ W. (h) It is recommended that a vessel 36°55.88′ N ...... 75°54.95′ W. using the deep-water route established in paragraph (g) of this section— [USCG–2010–0718, 75 FR 77534, Dec. 13, 2010, as (1) Announce its intention on VHF– amended by USCG–2011–0257, 76 FR 31838, FM Channel 16 as it approaches Chesa- June 2, 2011] peake Bay Southern Approach Lighted Whistle Buoy CB on the south end, or § 167.203 In the approaches to Chesa- Chesapeake Bay Junction Lighted peake Bay: Southern approach. Buoy CBJ on the north end of the (a) A separation line connects the fol- route; lowing geographical positions: (2) Avoid, as far as practicable, overtaking other vessels operating in the Latitude Longitude deep-water route; and 36°50.33′ N ...... 75°46.29′ W. (3) Keep as near to the outer limit of 36°52.90′ N ...... 75°51.52′ W. the route which lies on the vessel’s ° ′ ° ′ 36 55.96 N ...... 75 54.97 W. starboard side as is safe and practicable. (b) A separation line connects the fol- (i) Vessels other than those listed in lowing geographical positions: paragraph (d) of this section should not Latitude Longitude use the deep-water route.

36°55.11′ N ...... 75°55.23′ W. [USCG–2010–0718, 75 FR 77535, Dec. 13, 2010] 36°52.35′ N ...... 75°52.12′ W. 36°49.70′ N ...... 75°46.80′ W. § 167.250 In the approaches to the Cape Fear River: General. (c) A separation line connects the fol- The traffic separation scheme (TSS) lowing geographical positions: in the approaches to the Cape Fear Latitude Longitude River consists of two parts: A precautionary area and a TSS. The spe- 36°49.52′ N ...... 75°46.94′ W. cific areas in the approaches to Narra- ° ′ ° ′ 36 52.18 N ...... 75 52.29 W. gansett Bay, RI, and Buzzards Bay, 36°54.97′ N ...... 75°55.43′ W. MA, are described in §§ 167.251 and

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167.252. The geographic coordinates in ATLANTIC GULF COAST §§ 167.251 and 167.252 are defined using North American Datum 1983 (NAD 83), § 167.350 In the approaches to Gal- which is equivalent to WGS 1984 veston Bay Traffic Separation datum. Scheme and precautionary areas. [USCG–2010–0718, 75 FR 77535, Dec. 13, 2010] (a) An inshore precautionary area bounded by a line connecting the fol- § 167.251 In the approaches to the lowing geographical positions: Cape Fear River: Precautionary area. Latitude Longitude

A precautionary area is established (1) 29°18.10′ N 94°39.20′ W bounded by a line connecting the fol- (2) 29°16.10′ N 94°37.00′ W lowing geographical positions: from (3) 29°18.00′ N 94°34.90′ W 33°47.65′ N, 78°04.78′ W; to 33°48.50′ N, (4) 29°19.40′ N 94°37.10′ W 78°04.27′ W; to 33°49.53′ N, 78°03.10′ W; to (5) 29°19.80′ N 94°38.10′ W 33°48.00′ N, 78°01.00′ W; to 33°41.00′ N, 78°01.00′ W; to 33°41.00′ N, 78°04.00′ W; to (b) A traffic separation zone bounded 33°44.28′ N, 78°03.02′ W; then by an arc of by a line connecting the following geo- 2 nautical miles radius, centered at graphical positions: 33°46.03′ N, 78°05.41′ W; then to the point Latitude Longitude of origin at 33°47.65′ N, 78°04.78′ W. (6) 29°17.13′ N 94°35.86′ W [USCG–2010–0718, 75 FR 77535, Dec. 13, 2010] (7) 29°09.55′ N 94°25.80′ W (8) 29°09.41′ N 94°25.95′ W § 167.252 In the approaches to the (9) 29°17.00′ N 94°36.00′ W Cape Fear River: Traffic separation scheme. (c) A traffic lane for inbound (north- (a) A traffic separation zone is estab- westerly heading) traffic is established lished bounded by a line connecting the between the separation zone and a line following geographical positions: connecting the following geographical Latitude Longitude positions:

33°44.94′ N ...... 78°04.81′ W. Latitude Longitude 33°32.75′ N ...... 78°09.66′ W. 33°34.50′ N ...... 78°14.70′ W. (3) 29°18.00′ N 94°34.90′ W ° ′ ° ′ 33 45.11 N ...... 78 04.98 W. (10) 29°11.20′ N 94°24.00′ W

(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 geo- Latitude Longitude graphical positions:

33°32.75′ N ...... 78°05.99′ W. Latitude Longitude 33°44.38′ N ...... 78°03.77′ W. (2) 29°16.10′ N 94°37.00′ W (c) A traffic lane for southbound traf- (11) 29°07.70′ N 94°27.80′ W fic is established between the separation zone and a line connecting the fol- (e) An offshore precautionary area lowing geographic positions: bounded by a line connecting the following geographical positions: Latitude Longitude Latitude Longitude 33°36.22′ N ...... 78°18.00′ W. ° ′ ° ′ 33 46.03 N ...... 78 05.41 W. (11) 29°07.70′ N 94°27.80′ W (12) 29°06.40′ N 94°26.20′ W NOTE TO § 167.252: A pilot boarding area is (13) 29°06.40′ N 94°23.90′ W located inside the precautionary area. Due to (14) 29°09.10′ N 94°20.60′ W heavy ship traffic, mariners are advised not (10) 29°11.20′ N 94°24.00′ W to anchor or linger in the precautionary area except to pick up or disembark a pilot. NOTE: A pilot boarding area is located near [USCG–2010–0718, 75 FR 77535, Dec. 13, 2010] the center of the inshore precautionary area.

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Due to heavy vessel traffic, mariners are ad- § 167.402 Off San Francisco: Northern vised not to anchor or linger in this pre- approach. cautionary area except to pick up or disembark a pilot. (a) A separation zone is bounded by a line connecting the following geo- [CGD 81–080, 48 FR 36456, Aug. 11, 1983. Redes- graphical positions: ignated by CGD 84–004, 52 FR 33589, Sept. 4, 1987; CGD 89–019, 54 FR 28062, July 5, 1989; 54 Latitude Longitude FR 51972, Dec. 19, 1989] 37°48.40′ N 122°47.60′ W PACIFIC WEST COAST 37°56.70′ N 123°03.70′ W 37°55.20′ N 123°04.90′ W 37°47.70′ N 122°48.20′ W SOURCE: USCG–1999–5700, 65 FR 46605, July 31, 2000, unless otherwise noted. (b) A traffic lane for north-westbound traffic is established between the sepa- § 167.400 Off San Francisco Traffic ration zone and a line connecting the Separation Scheme: General. following geographical positions: The Off San Francisco Traffic Sepa- ration Scheme consists of six parts: a Latitude Longitude Precautionary Area, a Northern Ap- 37°49.20′ N 122°46.70′ W. proach, a Southern Approach, a West- 37°58.00′ N 123°02.70′ W. ern Approach, a Main Ship Channel, and an Area To Be Avoided. The spe- (c) A traffic lane for south-eastbound cific areas in the Off San Francisco traffic is established between the sepa- TSS and Precautionary Area are de- ration zone and a line connecting the scribed in §§ 167.401 through 167.406 of following geographical positions: this chapter. The geographic coordinates in §§ 167.401 through 167.406 are Latitude Longitude defined using North American Datum 37°53.90′ N 123°06.10′ W. 1983 (NAD 83). 37°46.70′ N 122°48.70′ W.

§ 167.401 Off San Francisco: Pre- § 167.403 Off San Francisco: Southern cautionary area. approach. (a)(1) A precautionary area is estab- (a) A separation zone is bounded by a lished bounded to the west by an arc of line connecting the following geo- a circle with a radius of 6 miles cen- graphical positions: tering upon geographical position 37°45.00′ N, 122°41.50′ W and connecting Latitude Longitude the following geographical positions: 37°39.10′ N 122°40.40′ W. 37°27.00′ N 122°40.40′ W. Latitude Longitude 37°27.00′ N 122°43.00′ W. 37°39.10′ N 122°43.00′ W. 37°42.70′ N 122°34.60′ W. 37°50.30′ N 122°38.00′ W. (b) A traffic lane for northbound traf- (2) The precautionary area is bounded fic is established between the separa- to the east by a line connecting the fol- tion zone and a line connecting the following geographic positions: lowing geographical positions: Latitude Longitude Latitude Longitude 37°39.30′ N 122°39.20′ W. ° ′ ° ′ 37 42.70 N 122 34.60 W. 37°27.00′ N 122°39.20′ W. 37°45.90′ N 122°38.00′ W. ° ′ ° ′ 37 50.30 N 122 38.00 W (c) A traffic lane for southbound traffic is established between the separa- (b) A pilot boarding area is located tion zone and a line connecting the fol- near the center of the precautionary lowing geographical positions: area described in paragraph (a) of this section. Due to heavy vessel traffic, Latitude Longitude mariners are advised not to anchor or linger in this precautionary area ex- 37°27.00′ N 122°44.30′ W. 37°39.40′ N 122°44.30′ W. cept to pick up or disembark a pilot.

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§ 167.404 Off San Francisco: Western § 167.406 Off San Francisco: Area to be approach. avoided. (a) A separation zone is bounded by a A circular area to be avoided, with a line connecting the following geo- radius of half of a nautical mile, is cen- graphical positions: tered upon geographic position:

Latitude Longitude Latitude Longitude ° ′ ° ′ 37°41.90′ N 122°48.00′ W. 37 45.00 N 122 41.50 W. 37°38.10′ N 122°58.10′ W. 37°36.50′ N 122°57.30′ W. § 167.450 In the Santa Barbara Chan- 37°41.10′ N 122°47.20′ W. nel Traffic Separation Scheme: Gen- eral. (b) A traffic lane for south-westbound traffic is established between the sepa- The Traffic Separation Scheme in ration zone and a line connecting the the Santa Barbara Channel is described following geographical positions: in §§ 167.451 and 167.452. The geographic coordinates in §§ 167.451 and 167.452 are Latitude Longitude defined using North American Datum 1983 (NAD 83). 37°42.80′ N 122°48.50′ W. 37°39.60′ N 122°58.80′ W. § 167.451 In the Santa Barbara Chan- nel: Between Point Vicente and (c) A traffic lane for north-eastbound Point Conception. traffic is established between the sepa- (a) A separation zone is bounded by a ration zone and a line connecting the line connecting the following geo- following geographical positions: graphical positions: Latitude Longitude Latitude Longitude ° ′ ° ′ 37 35.00 N 122 56.50 W. 34°20.90′ N 120°30.16′ W ° ′ ° ′ 37 40.40 N 122 46.30 W. 34°04.00′ N 119°15.96′ W. 33°44.90′ N 118°35.75′ W. 33°43.20′ N 118°36.95′ W. § 167.405 Off San Francisco: Main ship 34°02.20′ N 119°17.46′ W. channel. 34°18.90′ N 120°30.96′ W. (a) A separation line connects the following geographical positions: (b) A traffic lane for north-westbound traffic is established between the sepa- Latitude Longitude ration zone and a line connecting the following geographical positions: 37°45.90′ N 122°38.00′ W. ° ′ ° ′ 37 47.00 N 122 34.30 W. 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- ° ′ ° ′ fic is established between the separa- 33 45.80 N 118 35.15 W. tion line and a line connecting the fol- (c) A traffic lane for south-eastbound lowing geographical positions: traffic is established between the sepa- Latitude Longitude ration zone and a line connecting the 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- nel: Between Point Conception and Latitude Longitude Point Arguello. 37°46.20′ N 122°37.90′ W. (a) A separation zone is bounded by a 37°46.90′ N 122°35.30′ W. ° ′ ° ′ line connecting the following geo- 37 48.50 N 122 31.30 W. graphical positions:

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Latitude Longitude sels operating in these areas are contained in 33 CFR 165.1109(d). 34°20.90′ N 120°30.16′ W. 34°18.90′ N 120°30.96′ W. [USCG–2000–7695, 65 FR 53913, Sept. 6, 2000] 34°25.70′ N 120°51.81′ W. 34°23.75′ N 120°52.51′ W. § 167.502 In the approaches to Los An- (b) A traffic lane for westbound traf- geles-Long Beach: Western approach. fic is established between the separation zone and a line connecting the fol- (a) A separation zone is bounded by a lowing geographical positions: line connecting the following geographical positions: Latitude Longitude Latitude Longitude 34°21.80′ N 120°29.96′ W. ° ′ ° ′ 34 26.60 N 120 51.51 W. 33°37.70′ N 118°17.60′ W. 33°36.50′ N 118°17.60′ W. (c) A traffic lane for eastbound traf- 33°36.50′ N 118°23.10′ W. fic is established between the separa- 33°43.20′ N 118°36.90′ W. tion zone and a line connecting the fol- 33°44.90′ N 118°35.70′ W. 33°37.70′ N 118°20.90′ W. lowing geographical positions:

Latitude Longitude (b) A traffic lane for northbound coastwise traffic is established between 34°18.00′ N 120°31.16′ W. the separation zone and a line con- 34°22.80′ N 120°52.76′ W. necting the following geographical positions: § 167.500 In the approaches to Los An- geles-Long Beach Traffic Separa- Latitude Longitude tion Scheme: General. 33°38.70′ N 118°17.60′ W. The Traffic Separation Scheme in 33°38.70′ N 118°20.60′ W. the approaches to Los Angeles-Long 33°45.80′ N 118°35.10′ W. Beach consists of three parts: a Pre- cautionary Area, a Western Approach, (c) A traffic lane for southbound and a Southern Approach. The specific coastwise traffic is established between areas in the approaches to Los Angeles- the separation zone and a line con- Long Beach are described in §§ 167.501 necting the following geographical po- through 167.503. The geographic coordi- sitions: nates in §§ 167.501 through 167.503 are defined using North American Datum Latitude Longitude 1983 (NAD 83). 33°35.50′ N 118°17.60′ W. 33°35.50′ N 118°23.43′ W. [USCG–2000–7695, 65 FR 53913, Sept. 6, 2000] 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. (a) The precautionary area consists § 167.503 In the approaches to Los An- geles-Long Beach TSS: Southern ap- of the water area enclosed by the Los proach. Angeles-Long Beach breakwater and a line connecting Point Fermin Light at (a) A separation zone is established 33°42.30′ N, 118°17.60′ W, with the fol- bounded by a line connecting the following geographical positions: lowing geographic positions:

Latitude Longitude Latitude Longitude

33°35.50′ N 118°17.60′ W. 33°35.50′ N 118°10.30′ W. 33°35.50′ N 118°09.00′ W. 33°35.50′ N 118°12.75′ W. 33°37.70′ N 118°06.50′ W. 33°19.70′ N 118°03.50′ W. 33°43.40′ N 118°10.80′ W. 33°19.00′ N 118°05.60′ W.

(b) Pilot boarding areas are located (b) A traffic lane for northbound traf- within the precautionary area de- fic is established between the separa- scribed in paragraph (a) of this section. tion zone and a line connecting the fol- Specific regulations pertaining to ves- lowing geographical positions:

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Latitude Longitude 48°28.13′ N 125°04.67′ W ° ′ ° ′ 33 35.50 N 118 09.00 W. [USCG–2002–12702, 75 FR 70826, Nov. 19, 2010] 33°20.00′ N 118°02.30′ W. § 167.1302 In the approaches to the (c) A traffic lane for southbound traf- Strait of Juan de Fuca: South- fic is established between the separa- western approach. tion zone and a line connecting the fol- In the southwestern approach to the lowing geographical positions: Strait of Juan de Fuca, the following Latitude Longitude are established: (a) A separation zone bounded by a 33°35.50′ N 118°14.00′ W. line connecting the following geo- 33°18.70′ N 118°06.75′ W. graphical positions:

[USCG–2000–7695, 65 FR 53913, Sept. 6, 2000] Latitude Longitude 48°23.99′ N 125°06.54′ W § 167.1300 In the approaches to the 48°27.63′ N 125°03.38′ W Strait of Juan de Fuca: General. 48°27.14′ N 125°02.08′ W The traffic separation scheme for the 48°23.50′ N 125°05.26′ W approaches to the Strait of Juan de (b) A traffic lane for north-eastbound Fuca consists of three parts: the west- traffic between the separation zone and ern approach, the southwestern ap- a line connecting the following geo- proach, and precautionary area ‘‘JF.’’ graphical positions: These parts are described in §§ 167.1301 Latitude Longitude through 167.1303. The geographic co- ° ′ ° ′ ordinates in §§ 167.1301 through 167.1303 48 22.55 N 125 02.80 W 48°26.64′ N 125°00.81′ W are defined using North American Datum (NAD 83). (c) A traffic lane for south-westbound traffic between the separation zone and [USCG–2002–12702, 75 FR 70826, Nov. 19, 2010] a line connecting the following geo- § 167.1301 In the approaches to the graphical positions: Strait of Juan de Fuca: Western ap- Latitude Longitude proach. 48°28.13′ N 125°04.67′ W In the western approach to the Strait 48°24.94′ N 125°09.00′ W of Juan de Fuca, the following are established: [USCG–2002–12702, 75 FR 70826, Nov. 19, 2010] (a) A separation zone bounded by a line connecting the following geo- § 167.1303 In the approaches to the 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] 1007

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§ 167.1310 In the Strait of Juan de Latitude Longitude Fuca: General. 48°28.13′ N 124°57.90′ W The traffic separation scheme in the 48°28.13′ N 124°44.07′ W Strait of Juan de Fuca consists of five 48°12.90′ N 123°55.24′ W parts: the western lanes, southern 48°12.94′ N 123°32.89′ W lanes, northern lanes, eastern lanes, and precautionary area ‘‘PA.’’ These [USCG–2002–12702, 75 FR 70827, Nov. 19, 2010] parts are described in §§ 167.1311 through 167.1315. The geographic co- § 167.1312 In the Strait of Juan de ordinates in §§ 167.1311 through 167.1315 Fuca: Southern lanes. are defined using North American In the southern lanes of the Strait of Datum (NAD 83). 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- § 167.1311 In the Strait of Juan de Fuca: Western lanes. graphical positions: In the western 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°29.11′ N 125°00.00′ W fic between the separation zone and a 48°29.11′ N 124°43.78′ W line connecting the following geo- 48°13.89′ N 123°54.84′ W graphical positions: 48°13.89′ N 123°31.98′ W Latitude Longitude 48°14.49′ N 123°31.98′ W 48°11.24′ N 123°23.82′ W 48°17.02′ N 123°56.46′ W 48°12.72′ N 123°25.34′ W 48°30.10′ N 124°43.50′ W ° ′ ° ′ (c) A traffic lane for southbound traf- 48 30.10 N 125 00.00 W fic between the separation zone and a (b) A traffic lane for north-westbound line connecting the following geo- traffic. graphical positions: (1) The traffic lane is established be- Latitude Longitude tween the separation zone and a line 48°12.94′ N 123°32.89′ W connecting the following geographical 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 ° ′ ° ′ § 167.1313 In the Strait of Juan de 48 15.97 N 123 33.54 W 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 ° ′ 48°15.77′ N 123°27.18′ W 125 00.00 W en route to precautionary ° ′ ° ′ 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:

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Latitude Longitude 48°15.77′ N 123°27.18′ W 48°15.13′ N 123°25.62′ W 48°21.83′ N 123°25.56′ W 48°14.03′ N 123°25.98′ W 48°16.45′ N 123°30.42′ W 48°13.54′ N 123°25.86′ W (c) A traffic lane for northbound traf- 48°12.72′ N 123°25.34′ W fic between the separation zone and a 48°12.84′ N 123°27.46′ W line connecting the following geo- 48°12.90′ N 123°28.68′ W graphical positions: 48°12.94′ N 123°32.89′ W Latitude Longitude [USCG–2002–12702, 75 FR 70827, Nov. 19, 2010] 48°20.93′ N 123°23.22′ W 48°15.13′ N 123°25.62′ W § 167.1320 In Puget Sound and its approaches: General. [USCG–2002–12702, 75 FR 70827, Nov. 19, 2010] The traffic separation scheme in § 167.1314 In the Strait of Juan de Puget Sound and its approaches con- Fuca: Eastern lanes. sists of three parts: Rosario Strait, ap- In the eastern lanes of the Strait of proaches to Puget Sound other than Juan de Fuca, the following are estab- Rosario Strait, and Puget Sound. lished: These parts are described in §§ 167.1321 (a) A separation zone bounded by a through 167.1323. The North American line connecting the following geo- Datum (NAD 83) defines the geographic graphical positions: coordinates in §§ 167.1321 through 167.1323. Latitude Longitude 48°13.22′ N 123°15.91′ W [USCG–2002–12702, 75 FR 70827, Nov. 19, 2010] 48°14.03′ N 123°25.98′ W ° ′ ° ′ § 167.1321 In Puget Sound and its ap- 48 13.54 N 123 25.86 W proaches: Rosario Strait. 48°12.89′ N 123°16.69′ W In Rosario Strait, the following are (b) A traffic lane for westbound traf- established: fic between the separation zone and a (a) A separation zone bounded by a line connecting the following geo- line connecting the following geographical positions: graphical positions: Latitude Longitude Latitude Longitude 48°14.27′ N 123°13.41′ W 48°48.98′ N 122°55.20′ W 48°14.05′ N 123°16.08′ W 48°46.76′ N 122°50.43′ W 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 fic between the separation zone and a 48°46.39′ N 122°50.76′ W 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 § 167.1315 In the Strait of Juan de 48°49.49′ N 122°54.24′ W Fuca: Precautionary area ‘‘PA.’’ 48°47.14′ N 122°50.10′ W ° ′ ° ′ In the Strait of Juan de Fuca, pre- 48 46.35 N 122 47.50 W cautionary 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 fol- 48°12.94′ N 123°32.89′ W lowing geographical positions: 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 1009

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(d) Precautionary area ‘‘CA’’ con- Latitude Longitude tained within a circle of radius 1.24 ° ′ ° ′ miles centered at geographical position 48 25.97 N 122 47.03 W 48°45.30′ N, 122°46.50′ W. 48°24.62′ N 122°48.68′ W (e) A separation zone bounded by a 48°23.75′ N 122°47.47′ W line connecting the following geo- 48°25.20′ N 122°45.73′ W graphical positions: 48°25.17′ N 122°45.62′ W ° ′ ° ′ Latitude Longitude 48 24.15 N 122 45.27 W 48°24.08′ N 122°43.38′ W 48°44.27′ N 122°45.53′ W 48°25.55′ N 122°43.93′ W 48°41.72′ N 122°43.50′ W ° ′ ° ′ 48 41.60 N 122 43.82 W [USCG–2002–12702, 75 FR 70827, Nov. 19, 2010] 48°44.17′ N 122°45.87′ W (f) A traffic lane for northbound traf- § 167.1322 In Puget Sound and its ap- fic located within the separation zone proaches: Approaches to Puget described in paragraph (e) of this sec- Sound other than Rosario Strait. tion and a line connecting the fol- (a) The traffic separation scheme in lowing geographical positions: the approaches to Puget Sound other Latitude Longitude than Rosario Strait consists of a north- ° ′ ° ′ east/southwest approach, a northwest/ 48 44.62 N 122 44.96 W southeast approach, a north/south ap- 48°41.80′ N 122°42.70′ W proach, and an east/west approach and (g) A traffic lane for southbound traf- connecting precautionary areas. fic located within the separation zone (b) In the northeast/southwest ap- described in paragraph (e) of this sec- proach consisting of two separation tion and a line connecting the fol- zones, two precautionary areas (‘‘RA’’ lowing geographical positions: and ‘‘ND’’), and four traffic lanes, the Latitude Longitude following are established: 48°44.08′ N 122°46.65′ W (1) A separation zone that connects 48°41.25′ N 122°44.37′ W with precautionary area ‘‘RA,’’ as described in paragraph (b)(2) of this sec- (h) Precautionary area ‘‘C’’ contained tion, and is bounded by a line con- within a circle of radius 1.24 miles cen- necting the following geographical po- tered at geographical position 48°40.55′ sitions: N, 122°42.80′ W. (i) A two-way route between the fol- Latitude Longitude lowing geographical positions: 48°24.13′ N 122°47.97′ W ° ′ ° ′ Latitude Longitude 48 20.32 N 122 57.02 W 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 48°26.82′ N 122°43.53′ W (2) Precautionary area ‘‘RA,’’ which 48°27.62′ N 122°45.53′ W is contained within a circle of radius 48°29.48′ N 122°44.77′ W 1.24 miles centered at 48°19.77′ N, 48°36.13′ N 122°45.80′ W 122°58.57′ W. 48°38.38′ N 122°44.20′ W (3) A separation zone that connects 48°39.63′ N 122°44.03′ W with precautionary area ‘‘RA,’’ as de- (j) Precautionary area ‘‘RB’’ bounded scribed in paragraph (b)(2) of this sec- as follows: tion, and is bounded by a line con- (1) To the north by the arc of a circle necting the following geographical po- of radius 1.24 miles centered on geo- sitions: graphical position 48°26.38′ N, 122°45.27′ Latitude Longitude W and connecting the following geo- 48°16.25′ N 123°06.58′ W graphical positions: 48°16.57′ N 123°06.58′ W Latitude Longitude 48°19.20′ N 123°00.35′ W 48°25.97′ N 122°47.03′ W 48°19.00′ N 123°00.17′ W ° ′ ° ′ 48 25.55 N 122 43.93 W (4) A traffic lane for northbound traf- (2) To the south by a line connecting fic that connects with precautionary the following geographical positions: area ‘‘RA,’’ as described in paragraph

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(b)(2) of this section, and is located be- (c) In the northwest/southeast ap- tween the separation zone described in proach consisting of two separation paragraph (b)(1) of this section and a zones, two precautionary areas (‘‘RA’’ line connecting the following geo- and ‘‘SA’’), and four traffic lanes, the graphical positions: following are established: Latitude Longitude (1) A separation zone that connects 48°23.75′ N 122°47.47′ W with precautionary area ‘‘RA,’’ as de- 48°19.80′ N 122°56.83′ W scribed in paragraph (b)(2) of this section, and is bounded by a line con- (5) A traffic lane for northbound traf- necting the following geographical po- fic that connects with precautionary sitions: area ‘‘RA,’’ as described in paragraph Latitude Longitude (b)(2) of this section, and is located between the separation zone described in 48°28.72′ N 123°08.53′ W paragraph (b)(3) of this section and a 48°25.43′ N 123°03.88′ W line connecting the following geo- 48°22.88′ N 123°00.82′ W graphical positions: 48°20.93′ N 122°59.30′ W ° ′ ° ′ Latitude Longitude 48 20.82 N 122 59.62 W 48°22.72′ N 123°01.12′ W ° ′ ° ′ 48 15.70 N 123 06.58 W 48°25.32′ N 123°04.30′ W 48°18.67′ N 122°59.57′ W 48°28.39′ N 123°08.64′ W (6) A traffic lane for southbound traf- (2) A separation zone that connects fic that connects with precautionary with precautionary area ‘‘RA,’’ as de- area ‘‘RA,’’ as described in paragraph scribed in paragraph (b)(2) of this sec- (b)(2) of this section, and is located be- tion, and is bounded by a line con- tween the separation zone described in necting the following geographical po- paragraph (b)(1) of this section and a sitions: line connecting the following geographical positions: Latitude Longitude Latitude Longitude 48°18.83′ N 122°57.48′ W ° ′ ° ′ 48°24.62′ N 122°48.68′ W 48 13.15 N 122 51.33 W ° ′ ° ′ 48°20.85′ N 122°57.80′ W 48 13.00 N 122 51.62 W 48°18.70′ N 122°57.77′ W (7) A traffic lane for southbound traffic that connects with precautionary (3) A traffic lane for northbound traf- area ‘‘RA,’’ as described in paragraph fic that connects with precautionary (b)(2) of this section, and is located be- ‘‘RA,’’ as described in paragraph (b)(2) tween the separation zone described in of this section, and is located between paragraph (b)(3) of this section and a the separation zone described in para- line connecting the following geo- graph (c)(1) of this section and a line graphical positions: connecting the following geographical positions: Latitude Longitude Latitude Longitude 48°19.70′ N 123°00.53′ W 48°17.15′ N 123°06.57′ W 48°29.28′ N 123°08.35′ 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: Latitude Longitude (4) A traffic lane for northbound traffic 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 48°09.42′ N 123°24.24′ W Latitude Longitude 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

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(5) A traffic lane for southbound traf- 48°24.15′ N 122°45.27′ W fic that connects with precautionary 48°13.43′ N 122°49.90′ W ‘‘RA,’’ as described in paragraph (b)(2) of this section, and is located between (e) In the east/west approach between the separation zone described in para- precautionary areas ‘‘ND’’ and ‘‘SA,’’ graph (c)(1) of this section and a line as described in paragraphs (b)(8) and connecting the following geographical (c)(7) of this section, respectively, the positions: following are established: Latitude Longitude (1) A separation zone bounded by a line connecting the following geo- ° ′ ° ′ 48 27.86 N 123 08.81 W graphical positions: 48°25.17′ N 123°04.98′ W 48°22.48′ N 123°01.73′ W Latitude Longitude 48°20.47′ N 123°00.20′ W 48°11.50′ N 122°52.73′ W 48°11.73′ N 122°52.70′ W (6) A traffic lane for southbound traf- 48°12.48′ N 123°06.58′ W fic connecting with precautionary area 48°12.23′ N 123°06.58′ W ‘‘RA,’’ as described in paragraphs (b)(2) of this section, and is located between (2) A traffic lane for northbound traf- the separation zone described in para- fic between the separation zone de- graph (c)(2) of this section and a line scribed in paragraph (e)(1) of this sec- connecting the following geographical tion and a line connecting the fol- positions: lowing geographical positions: Latitude Longitude Latitude Longitude 48°18.52′ N 122°58.50′ W 48°12.22′ N 122°52.52′ W 48°12.63′ N 122°52.15′ W 48°12.98′ N 123°06.58′ W (7) Precautionary area ‘‘SA,’’ which (3) A traffic lane for southbound traf- is contained within a circle of radius 2 fic between the separation zone de- miles centered at geographical position scribed in paragraph (e)(1) of this sec- 48°11.45′ N, 122°49.78′ W. tion and a line connecting the fol- (d) In the north/south approach be- lowing geographical positions: tween precautionary areas ‘‘RB’’ and Latitude Longitude ‘‘SA,’’ as described in paragraph (b)(2) ° ′ ° ′ and (c)(7) of this section, respectively, 48 11.73 N 123 06.58 W ° ′ ° ′ the following are established: 48 10.98 N 122 52.65 W (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 ap- Latitude Longitude proaches: Puget Sound. 48°24.15′ N 122°44.08′ W The traffic separation scheme in 48°13.33′ N 122°48.78′ W Puget Sound consists of six separation 48°13.38′ N 122°49.15′ W zones and two traffic lanes connected 48°24.17′ N 122°44.48′ W by six precautionary areas. The following 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 following geographical positions: Latitude Longitude Latitude Longitude 48°11.08′ N 122°46.88′ W ° ′ ° ′ 48°06.85′ N 122°39.52′ W 48 24.08 N 122 43.38 W ° ′ ° ′ 48°13.10′ N 122°48.12′ W 48 02.48 N 122 38.17 W 48°02.43′ N 122°38.52′ W (3) A traffic lane for southbound traf- 48°06.72′ N 122°39.83′ W fic located between the separation zone 48°10.82′ N 122°46.98′ W described in paragraph (d)(1) of this section and a line connecting the fol- (b) Precautionary area ‘‘SC,’’ which lowing geographical positions: is contained within a circle of radius 0.62 miles, centered at 48°01.85′ N, Latitude Longitude 122°38.15′ W. 1012

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(c) A separation zone bounded by a 47°26.92′ N 122°24.10′ W line connecting the following geo- 47°23.07′ N 122°20.98′ W graphical positions: 47°19.78′ N 122°26.58′ W Latitude Longitude 47°19.98′ N 122°26.83′ W 47°23.15′ N 122°21.45′ W 48°01.40′ N 122°37.57′ W 47°26.85′ N 122°24.45′ W 47°57.95′ N 122°34.67′ W 47°33.95′ N 122°27.03′ W 47°55.85′ N 122°30.22′ W 47°55.67′ N 122°30.40′ W (l) Precautionary area ‘‘TC,’’ which is 47°57.78′ N 122°34.92′ W contained within a circle of radius 0.62 48°01.28′ N 122°37.87′ W miles, centered at 47°19.48′ N, 122°27.38′ W. (d) Precautionary area ‘‘SE,’’ which (m) A traffic lane for northbound is contained within a circle of radius traffic that connects with pre- 0.62 miles, centered at 47°55.40′ N, cautionary areas ‘‘SC,’’ ‘‘SE,’’ ‘‘SF,’’ 122°29.55′ W. ‘‘SG,’’ ‘‘T,’’ and ‘‘TC,’’ as described in (e) A separation zone bounded by a paragraphs (b), (d), (f), (h), (j), and (k) line connecting the following geo- of this section, respectively, and is lo- graphical positions: cated between the separation zones de- Latitude Longitude scribed in paragraphs (a), (c), (e), (g), 47°54.85′ N 122°29.18′ W (i), and (k) of this section, respectively, 47°46.52′ N 122°26.30′ W and a line connecting the following 47°46.47′ N 122°26.62′ W geographical positions: 47°54.80′ N 122°29.53′ W Latitude Longitude (f) Precautionary area ‘‘SF,’’ which is 48°11.72′ N 122°46.83′ W contained within a circle of radius 0.62 48°07.13′ N 122°38.83′ W miles, centered at 47°45.90′ N, 122°26.25′ 48°02.10′ N 122°37.32′ W W. 47°58.23′ N 122°34.07′ W (g) A separation zone bounded by a 47°55.83′ N 122°28.80′ W line connecting the following geo- 47°45.92′ N 122°25.33′ W graphical positions: 47°39.68′ N 122°26.95′ W ° ′ ° ′ Latitude Longitude 47 34.65 N 122 26.18 W 47°27.13′ N 122°23.40′ W ° ′ ° ′ 47 45.20 N 122 26.25 W 47°23.33′ N 122°20.37′ W ° ′ ° ′ 47 40.27 N 122 27.55 W 47°22.67′ N 122°20.53′ W ° ′ ° ′ 47 40.30 N 122 27.88 W 47°19.07′ N 122°26.75′ W 47°45.33′ N 122°26.60′ W (n) A traffic lane for southbound traf- (h) Precautionary area ‘‘SG,’’ which fic that connects with precautionary is contained within a circle of radius areas ‘‘SC,’’ ‘‘SE,’’ ‘‘SF,’’ ‘‘SG,’’ ‘‘T,’’ 0.62 miles, centered at 47°39.68′ N, and ‘‘TC,’’ as described in paragraphs 122°27.87′ W. (b), (d), (f), (h), (j), and (k) of this sec- (i) A separation zone bounded by a tion, respectively, and is located be- line connecting the following geo- tween the separation zones described in graphical positions: paragraphs (a), (c), (e), (g), (i), and (k) Latitude Longitude of this section, respectively, and a line 47°39.12′ N 122°27.62′ W connecting the following geographical 47°35.18′ N 122°27.08′ W positions: 47°35.17′ N 122°27.35′ W Latitude Longitude 47°39.08′ N 122°27.97′ W 48°10.15′ N 122°47.58′ W (j) Precautionary area ‘‘T,’’ which is 48°09.35′ N 122°45.55′ W contained within a circle of radius 0.62 48°06.45′ N 122°40.52′ W miles, centered at 47°34.55′ N, 122°27.07′ 48°01.65′ N 122°30.03′ W W. 47°57.47′ N 122°35.45′ W ° ′ ° ′ (k) A separation zone bounded by a 47 55.07 N 122 30.35 W ° ′ ° ′ line connecting the following geo- 47 45.90 N 122 27.18 W ° ′ ° ′ graphical positions: 47 39.70 N 122 28.78 W 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 1013

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47°20.00′ N 122°27.90′ W (d) A traffic lane for westbound traffic located between the separation zone [USCG–2002–12702, 75 FR 70827, Nov. 19, 2010] described in paragraph (b) of this section and a line connecting the fol- § 167.1330 In Haro Strait, Boundary lowing geographical positions: Pass, and the Strait of Georgia: General. Latitude Longitude ° ′ ° ′ The traffic separation scheme in 48 25.10 N 123 12.67 W 48°23.15′ N 123°18.30′ W Haro Strait, Boundary Pass, and the ° ′ ° ′ Strait of Georgia consists of a series of 48 23.15 N 123 21.12 W traffic separation schemes, two-way (e) Precautionary area ‘‘DI,’’ which is routes, and five precautionary areas. bounded by a line connecting the fol- These parts are described in §§ 167.1331 lowing geographical positions: and 167.1332. The geographic coordi- Latitude Longitude nates in §§ 167.1331 and 167.1332 are de- 48°23.10′ N 123°13.50′ W fined using North American Datum 48°24.30′ N 123°09.95′ W (NAD 83). 48°26.57′ N 123°09.22′ W [USCG–2002–12702, 75 FR 70830, Nov. 19, 2010] 48°25.10′ N 123°12.67′ W 48°23.10′ N 123°13.50′ W § 167.1331 In Haro Strait and Bound- ary Pass. (f) A separation zone bounded by a line connecting the following geo- In Haro Strait and Boundary Pass, graphical positions: the following are established: (a) Precautionary area ‘‘V,’’ which is Latitude Longitude bounded by a line connecting the fol- 48°25.96′ N 123°10.65′ W lowing geographical positions: 48°27.16′ N 123°10.25′ W 48°28.77′ N 123°10.84′ W Latitude Longitude 48°29.10′ N 123°11.59′ W 48°23.15′ N 123°21.12′ W 48°25.69′ N 123°11.28′ W 48°23.71′ N 123°23.88′ W 48°21.83′ N 123°25.56′ W (g) A traffic lane for northbound traf- 48°21.15′ N 123°24.83′ W fic located between the separation zone 48°20.93′ N 123°24.26′ W described in paragraph (f) of this sec- 48°20.93′ N 123°23.22′ W tion and a line connecting the fol- 48°21.67′ N 123°21.12′ W lowing geographical positions: 48°23.15′ N 123°21.12′ W Latitude Longitude 48°26.57′ N 123°09.22′ W (b) A separation zone that connects ° ′ ° ′ with precautionary area ‘‘V,’’ as de- 48 27.86 N 123 08.81 W scribed in paragraph (a) of this section, (h) A traffic lane for southbound traf- and is bounded by a line connecting the fic located between the separation zone following geographical positions: described in paragraph (e) of this sec- Latitude Longitude tion and a line connecting the following geographical positions: 48°22.25′ N 123°21.12′ W 48°22.25′ N 123°17.95′ W Latitude Longitude 48°23.88′ N 123°13.18′ W 48°29.80′ N 123°13.15′ W 48°24.30′ N 123°13.00′ W 48°25.10′ N 123°12.67′ W ° ′ ° ′ 48 22.55 N 123 18.05 W (i) Precautionary area ‘‘HS,’’ which ° ′ ° ′ 48 22.55 N 123 21.12 W is bounded by a line connecting the fol- (c) A traffic lane for eastbound traf- lowing geographical positions: fic located between the separation zone Latitude Longitude described in paragraph (b) of this sec- 48°27.86′ N 123°08.81′ W tion and a line connecting the fol- 48°29.28′ N 123°08.35′ W lowing geographical positions: 48°30.55′ N 123°10.12′ W Latitude Longitude 48°31.60′ N 123°10.65′ W 48°21.67′ N 123°21.12′ W 48°32.83′ N 123°13.45′ W 48°21.67′ N 123°17.70′ W 48°29.80′ N 123°13.15′ W 48°23.10′ N 123°13.50′ W 48°27.86′ N 123°08.81′ W 1014

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(j) A two-way route between the fol- (c) A traffic lane for north-westbound lowing geographical positions: traffic located between the separation Latitude Longitude zone described in paragraph (b) of this 48°31.60′ N 123°10.65′ W section and a line connecting the fol- 48°35.21′ N 123°12.61′ W lowing geographical positions: 48°38.37′ N 123°12.36′ W Latitude Longitude 48°39.41′ N 123°13.14′ W 48°54.81′ N 123°03.66′ W 48°39.41′ N 123°16.06′ W 48°57.68′ N 123°08.76′ W 48°32.83′ N 123°13.45′ W (d) A traffic lane for south-eastbound (k) Precautionary area ‘‘TP,’’ which traffic between the separation zone de- is bounded by a line connecting the fol- scribed in paragraph (b) of this section lowing geographical positions: and a line connecting the following Latitude Longitude geographical positions: 48°41.06′ N 123°11.04′ W Latitude Longitude 48°42.23′ N 123°11.35′ W 48°55.34′ N 123°12.30′ W 48°43.80′ N 123°10.77′ W 48°52.30′ N 123°07.44′ W 48°43.20′ N 123°16.06′ W 48°39.41′ N 123°16.06′ W (e) Precautionary area ‘‘PR,’’ which 48°39.32′ N 123°13.14′ W is bounded by a line connecting the fol- 48°39.76′ N 123°11.84′ W lowing geographical positions: (l) A two-way route between the fol- Latitude Longitude lowing geographical positions: 48°55.34′ N 123°12.30′ W Latitude Longitude 48°57.68′ N 123°08.76′ W 48°42.23′ N 123°11.35′ W 49°02.20′ N 123°16.28′ W 48°45.51′ N 123°01.82′ W 49°00.00′ N 123°19.69′ W ° ′ ° ′ 48 47.78 N 122 59.12 W (f) A separation zone bounded by a 48°48.19′ N 123°00.84′ W line connecting the following geo- 48°46.43′ N 123°03.12′ W graphical positions: 48°43.80′ N 123°10.77′ W Latitude Longitude [USCG–2002–12702, 75 FR 70830, Nov. 19, 2010] 49°01.39′ N 123°17.53′ W 49°03.84′ N 123°21.30′ W § 167.1332 In the Strait of Georgia. 49°03.24′ N 123°22.41′ W In the Strait of Georgia, the fol- 49°00.75′ N 123°18.52′ W lowing are established: (a) Precautionary area ‘‘GS,’’ which (g) A traffic lane for north-westbound is bounded by a line connecting the fol- traffic located between the separation lowing geographical positions: zone described in paragraph (f) of this Latitude Longitude section and a line connecting the following geographical positions: 48°52.30′ N 123°07.44′ W 48°54.81′ N 123°03.66′ W Latitude Longitude 48°49.49′ N 122°54.24′ W 49°02.20′ N 123°16.28′ W 48°47.93′ N 122°57.12′ W 49°04.52′ N 123°20.04′ W 48°47.78′ N 122°59.12′ W 48°48.19′ N 123°00.84′ W (h) A traffic lane for south-eastbound 48°52.30′ N 123°07.44′ W traffic between the separation zone described in paragraph (f) of this section (b) A separation zone bounded by a and a line connecting the following line connecting the following geo- geographical positions: graphical positions: Latitude Longitude Latitude Longitude 49°02.51′ N 123°23.76′ W 48°53.89′ N 123°05.04′ W 49°00.00′ N 123°19.69′ W 48°56.82′ N 123°10.08′ W ° ′ ° ′ 48 56.30 N 123 10.80 W [USCG–2002–12702, 75 FR 70830, Nov. 19, 2010] 48°53.39′ N 123°05.70′ W

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§ 167.1700 In Prince William Sound: Latitude Longitude General. 60°20.93′ N 146°50.32′ W The Prince William Sound Traffic Separation Scheme consists of four (b) A traffic lane for northbound traf- parts: Prince William Sound Traffic fic between the separation zone and a Separation Scheme, Valdez Arm Traf- line connecting the following geo- fic Separation Scheme, and two pre- graphical positions: cautionary areas. These parts are described in §§ 167.1701 through 167.1703. Latitude Longitude The geographic coordinates in ° ′ ° ′ §§ 167.1701 through 167.1703 are defined 60 20.59 N 146 48.18 W 60°49.49′ N 146°58.19′ W using North American Datum 1983 (NAD 83). (c) A traffic lane for southbound traf- [USCG–2001–10254, 67 FR 53743, Aug. 19, 2002] fic between the separation zone and a line connecting the following geo- § 167.1701 In Prince William Sound: graphical positions: Precautionary areas. (a) Cape Hinchinbrook. A pre- Latitude Longitude cautionary area is established and is 60°49.10′ N 147°04.19′ W bounded by a line connecting the fol- 60°20.60′ N 146°54.31′ W lowing geographical positions:

Latitude Longitude [USCG–2001–10254, 67 FR 53743, Aug. 19, 2002]

60°20.59′ N 146°48.18′ W § 167.1703 In Prince William Sound: 60°12.67′ N 146°40.43′ W 60°11.01′ N 146°28.65′ W Valdez Arm Traffic Separation 60°05.47′ N 146°00.01′ W Scheme. 60°00.81′ N 146°03.53′ W 60°05.44′ N 146°27.58′ W The Valdez Arm Traffic Separation 59°51.80′ N 146°37.51′ W Scheme consists of the following: 59°53.52′ N 146°46.84′ W (a) A separation zone bounded by a 60°07.76′ N 146°36.24′ W 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- ° ′ 60°51.08′ N 147°00.33′ W tered at geographical position 60 49.63 60°58.60′ N 146°48.10′ W N, 147°01.33′ W. 60°58.30′ N 146°47.10′ W (c) Pilot boarding area. A pilot board- 60°50.45′ N 146°58.75′ W ing area located near the center of the Bligh Reef precautionary area is estab- (b) A traffic lane for northbound traf- lished. Regulations for vessels oper- fic between the separation zone and a ating in these areas are in § 165.1109(d) line connecting the following geo- of this chapter. graphical positions: [USCG–2001–10254, 67 FR 53743, Aug. 19, 2002] Latitude Longitude

§ 167.1702 In Prince William Sound: 60°49.39′ N 146°58.19′ W Prince William Sound Traffic Sepa- 60°58.04′ N 146°46.52′ W ration Scheme. The Prince William Sound Traffic (c) A traffic lane for southbound traf- Separation Scheme consists of the fol- fic between the separation zone and a lowing: line connecting the following geo- (a) A separation zone bounded by a graphical positions: line connecting the following geographical positions: Latitude Longitude 60°58.93′ N 146°48.86′ W Latitude Longitude 60°50.61′ N 147°03.60′ W 60°20.77′ N 146°52.31′ W 60°48.12′ N 147°01.78′ W 60°48.29′ N 146°59.77′ W [USCG–2001–10254, 67 FR 53743, Aug. 19, 2002]

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PART 168—ESCORT REQUIREMENTS § 168.05 Definitions. FOR CERTAIN TANKERS As used in this part— Disabled tanker means a tanker expe- Sec. riencing a loss of propulsion or steering 168.01 Purpose. control. 168.05 Definitions. Double hull tanker means any self- 168.10 Responsibilities. propelled tank vessel that is con- 168.20 Applicable vessels. structed with both double bottom and 168.30 Applicable cargoes. double sides in accordance with the 168.40 Applicable waters and number of es- provisions of 33 CFR 157.10d. cort vessels. Escort transit means that portion of 168.50 Performance and operational require- the tanker’s voyage through waters ments. where escort vessels are required. 168.60 Pre-escort conference. Escort vessel means any vessel that is AUTHORITY: Section 4116(c), Pub. L. 101–380, assigned and dedicated to a tanker dur- 104 Stat. 520 (46 U.S.C. 3703 note); section 711 ing the escort transit, and that is Pub. L. 111–281, 124 Stat 2905; Department of fendered and outfitted with towing Homeland Security Delegation No. 170.1, gear as appropriate for its role in an para. 2(82). emergency response to a disabled tank- SOURCE: CGD 91–202, 59 FR 42968, Aug. 19, er. 1994, unless otherwise noted. Laden means transporting in bulk any quantity of applicable cargo, ex- § 168.01 Purpose. cept for clingage and residue in otherwise empty cargo tanks. (a) This part prescribes regulations Single hull tanker means any self-pro- in accordance with section 4116(c) of pelled tank vessel that is not con- the Oil Pollution Act of 1990 (OPA 90) structed with both double bottom and (Pub. L. 101–380), as amended by section double sides in accordance with the 711 of the Coast Guard Authorization provisions of 33 CFR 157.10d. Act of 2010 (Pub. L. 111–281). The regu- Tanker master means the licensed on- lations will reduce the risk of oil spills board person in charge of the tanker. from laden, single hull and double hull Tanker owner or operator means the tankers over 5,000 GT by requiring that owner or shoreside organization (indi- these tankers be escorted by at least vidual, corporation, partnership, or as- two suitable escort vessels in applica- sociation), including a demise ble waters, as defined in § 168.40. The es- charterer, responsible for the overall cort vessels will be immediately avail- management and operation of the able to influence the tankers’ speed tanker. and course in the event of a steering or propulsion equipment failure, thereby [CGD 91–202, 59 FR 42968, Aug. 19, 1994, as reducing the possibility of groundings amended by USCG–2012–0975, 78 FR 50340, Aug. 19, 2013] or collisions. (b) The regulations in this part estab- § 168.10 Responsibilities. lish minimum escort vessel require- (a) The tanker owner or operator ments. Nothing in these regulations shall: should be construed as relieving the (1) select escort vessels that can meet master of a tanker from the duty to op- the performance requirements of this erate the vessel in a safe and prudent part; and manner, taking into account the navi- (2) inform the tanker master of the gational constraints of the waterways performance capabilities of the se- to be traversed, other vessel traffic, lected escort vessels. This information and anticipated weather, tide, and sea must be provided to the master before conditions, which may require reduced beginning the escort transit. speeds, greater assistance from escort (b) The tanker master shall operate vessels, or other operational pre- the tanker within the performance ca- cautions. pabilities of the escort vessels, taking [CGD 91–202, 59 FR 42968, Aug. 19, 1994, as into account speed, sea and weather amended by USCG–2012–0975, 78 FR 50339, conditions, navigational consider- Aug. 19, 2013] ations, and other factors that may

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change or arise during the escort tran- Hood Canal, as well as those portions sit. of the Strait of Juan de Fuca east of (c) In an emergency, the tanker mas- the New Dungeness-Discovery Island ter may deviate from the requirements line. of this part to the extent necessary to avoid endangering persons, property, or § 168.50 Performance and operational the environment, but shall imme- requirements. diately report the deviation to the cog- (a) Except as provided in paragraph nizant Coast Guard Captain of the Port (c) of § 168.10, at all times during the es- (COTP). cort transit each tanker to which this part applies: § 168.20 Applicable vessels. (1) Must be accompanied by escort The requirements of this part apply vessels that meet the performance re- to the following laden tankers of 5,000 quirements of paragraph (b) of this sec- gross tons or more: tion (but not less than the number of (a) All single hull tankers on the escorts required by § 168.40). waters listed in § 168.40(a) and (b); and (2) Must have the escort vessels posi- (b) All double hull tankers on the tioned relative to the tanker such that waters listed in § 168.40(a). timely response to a propulsion or steering failure can be effected. [USCG–2012–0975, 78 FR 50340, Aug. 19, 2013] (3) Must not exceed a speed beyond § 168.30 Applicable cargoes. which the escort vessels can reasonably be expected to safely bring the tanker The requirements of this part apply under control within the navigational to any petroleum oil listed in 46 CFR limits of the waterway, taking into Table 30.25–1 as a pollution category I consideration ambient sea and weather cargo. conditions, surrounding vessel traffic, § 168.40 Applicable waters and number hazards, and other factors that may re- of escort vessels. duce the available sea room. (b) The escort vessels, acting singly The requirements of this part apply or jointly in any combination as need- to the following waters: ed, and considering their applied force (a) Prince William Sound: Each tanker vectors on the tanker’s hull, must be to which this part applies must be es- capable of— corted by at least two escort vessels in (1) Towing the tanker at 4 knots in those navigable waters of the United calm conditions, and holding it in States within Prince William Sound, steady position against a 45-knot Alaska, and the adjoining tributaries, headwind; bays, harbors, and ports, including the (2) [Reserved] navigable waters of the United States (3) Holding the tanker on a steady within a line drawn from Cape course against a 35-degree locked rud- Hinchinbrook Light, to Seal Rocks der at a speed of 6 knots; and Light, to a point on Montague Island (4) Turning the tanker 90 degrees, as- at 60°14.6′ North, 146°59′ West, and the suming a free-swinging rudder and a waters of Montague Strait east of a speed of 6 knots, within the same dis- line between Cape Puget and Cape Cleare. tance (advance and transfer) that it (b) Puget Sound and certain associated could turn itself with a hard-over rud- waters: Each tanker to which this part der. applies must be escorted by at least [CGD 91–202, 59 FR 42968, Aug. 19, 1994, as two escort vessels in those navigable amended at 70 FR 55730, Sept. 23, 2005] waters of the United States and Wash- ington State east of a line connecting § 168.60 Pre-escort conference. New Dungeness Light with Discovery (a) Before commencing an escort Island Light and all points in the transit, the tanker master shall confer, Puget Sound area north and south of by radio or in person, with the tanker these lights. This area includes all the pilot and the masters of the escort ves- navigable waters of the United States sels regarding the escort operation. within Haro Strait, Rosario Strait, the (b) The purpose of the pre-escort con- Strait of Georgia, Puget Sound, and ference is for all parties to plan and

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discuss particulars of the escort tran- 169.115 Where is the southeastern reporting sit. system located? (c) At a minimum, the following top- 169.120 When is the southeastern reporting ics must be addressed during the pre- system in effect? escort conference: 169.125 What classes of ships are required to (1) The destination, route, planned make reports? speed, other vessel traffic, anticipated 169.130 When are ships required to make reports? weather, tide, and sea conditions, and 169.135 How must the reports be made? other navigational considerations; 169.140 What information must be included (2) The type and operational status of in the report? communication, towing, steering, and propulsion equipment on the tanker Subpart C—Transmission of Long Range and escort vessels; Identification and Tracking Information (3) The relative positioning and reac- tion time for the escort vessels to move 169.200 What is the purpose of this subpart? into assist positions, including, if ap- 169.205 What types of ships are required to propriate, pre-tethering the escort ves- transmit LRIT information (position re- sels at crucial points along the route; ports)? (4) The preparations required on the 169.210 Where during its international voyage must a ship transmit position re- tanker and escort vessels, and the ports? methods employed in making an emer- 169.215 How must a ship transmit position gency towline connection, including reports? stationing of deck crews, preparation 169.220 When must a ship be fitted with of messenger lines, bridles, and other LRIT equipment? towing gear, and energizing appro- 169.225 Which Application Service Providers priate deck equipment; may a ship use? (5) The manner in which an emer- 169.230 How often must a ship transmit posi- gency towline connection would be tion reports? made (which escort vessel will respond, 169.235 What exemptions are there from re- how messengers and towlines will be porting? passed, etc.); 169.240 When may LRIT equipment be (6) Other relevant information pro- switched off? vided by the tanker master, pilot or es- 169.245 What must a ship master do if LRIT cort vessel masters. equipment is switched off or fails to operate? PART 169—SHIP REPORTING AUTHORITY: 33 U.S.C. 1230(d), 1231; 46 U.S.C. 70115, Department of Homeland Security Del- SYSTEMS egation No. 0170.1. Subpart A—General SOURCE: USCG–1999–5525, 64 FR 29234, June 1, 1999, unless otherwise noted. Sec. 169.1 What is the purpose of this part? 169.5 How are terms used in this part de- Subpart A—General fined? 169.10 What geographic coordinates are § 169.1 What is the purpose of this used? part? 169.15 Incorporation by reference: Where This subpart prescribes the require- can I get a copy of the publications men- ments for mandatory ship reporting tioned in this part? systems. Ship reporting systems are Subpart B—Establishment of Two Manda- used to provide, gather, or exchange in- tory Ship Reporting Systems for the formation through radio reports. The Protection of Northern Right Whales information is used to provide data for many purposes including, but not lim- 169.100 What mandatory ship reporting sys- ited to: navigation safety, maritime se- tems are established by this subpart? curity and domain awareness, environ- 169.102 Who is the shore-based authority? 169.105 Where is the northeastern reporting mental protection, vessel traffic serv- system located? ices, search and rescue, weather fore- 169.110 When is the northeastern reporting casting and prevention of marine pollu- system in effect? tion.

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NOTE TO § 169.1: For ship reporting system LRIT Data Center means a center es- requirements not established by the Coast tablished by a SOLAS Contracting Guard, see 50 CFR Part 404. Government or a group of Contracting [USCG–1999–5525, 64 FR 29234, June 1, 1999, as Governments, or in the case of the amended by USCG–2005–22612, 73 FR 23318, International Data Center, by IMO, to Apr. 29, 2008; USCG–2009–0416, 74 FR 27442, request, receive, process, and archive June 10, 2009] LRIT information. An LRIT Data Cen- § 169.5 How are terms used in this part ter may be National, Regional, Co-op- defined? erative or International. Mandatory ship reporting system As used in this part— means a ship reporting system that re- Administration means the Govern- quires the participation of specified ment of the State whose flag the ship vessels or classes of vessels, and that is is entitled to fly. established by a government or govern- Cargo ship means any ship which is ments after adoption of a proposed sys- not a passenger ship. tem by the International Maritime Or- Flag Administration means the Gov- ganization (IMO) as complying with all ernment of a State whose flag the ship requirements of regulation V/8–1 of the is entitled to fly. Gross tonnage means tonnage as de- International Convention for the Safe- fined under the International Conven- ty of Life at Sea, 1974, as amended tion on Tonnage Measurement of (SOLAS), except paragraph (e) thereof. Ships, 1969 (Incorporated by reference, Mobile offshore drilling unit means a see § 169.15). self-propelled vessel capable of engag- Gross tons means vessel tonnage ing in drilling operations for the explo- measured in accordance with the meth- ration or exploitation of subsea re- od utilized by the flag state adminis- sources. tration of that vessel. Passenger ship means a ship that car- High speed craft means a craft that is ries more than 12 passengers. operable on or above the water and is Self-propelled ships means ships pro- capable of a maximum speed equal to pelled by mechanical means. or exceeding V=3.7×displ .1667, where Shore-based authority means the gov- ‘‘V’’ is the maximum speed and ‘‘displ’’ ernment appointed office or offices is the vessel displacement cor- that will receive the reports made by responding to the design waterline in ships entering each of the mandatory cubic meters. ship reporting systems. The office or High speed passenger craft means a offices will be responsible for the man- high speed craft carrying more than 12 agement and coordination of the sys- passengers. tem, interaction with participating International voyage means a voyage ships, and the safe and effective oper- from a country to which the present ation of the system. Such an authority International Convention for the Safe- may or may not be an authority in ty of Life at Sea (SOLAS), 1974 applies charge of a vessel traffic service. to a port outside such country, or con- United States means the States of the versely. For U.S. ships, such voyages United States, the District of Colum- will be considered to originate at a bia, Guam, Puerto Rico, the Virgin Is- port in the United States, regardless of lands, American Samoa, the Northern when the voyage actually began. Such Mariana Islands, and any other terri- voyages for U.S. ships will continue tory or possession of the United States. until the ship returns to the United [USCG–1999–5525, 66 FR 58070, Nov. 20, 2001, as States from its last foreign port. amended by USCG–2005–22612, 73 FR 23318, Long range identification and tracking Apr. 29, 2008] (LRIT) information or position report means a report containing the fol- § 169.10 What geographic coordinates lowing information: are used? (1) The identity of the ship; Geographic coordinates expressed in (2) The position of the ship (latitude terms of latitude or longitude, or both, and longitude); and are not intended for plotting on maps (3) The date and time of the position or charts where the referenced hori- provided. zontal datum is the North American

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Datum of 1983 (NAD 83), unless such ge- (2) IMO Resolution MSC.210(81), ographic coordinates are expressly la- adopted on May 19, 2006, Performance beled NAD 83. Geographic coordinates Standards and Functional Require- without the NAD 83 reference may be ments for the Long-Range Identifica- plotted on maps or charts referenced to tion and Tracking of Ships, incorpora- NAD 83 only after application of the tion by reference approved for §§ 169.215 appropriate corrections that are pub- and 169.240. lished on the particular map or chart (3) IMO Resolution MSC.254(83), being used. adopted on October 12, 2007, Adoption § 169.15 Incorporation by reference: of Amendments to the Performance Where can I get a copy of the publi- Standards and Functional Require- cations mentioned in this part? ments for the Long-Range Identifica- (a) Certain material is incorporated tion and Tracking of Ships, incorpora- by reference into this part with the ap- tion by reference approved for §§ 169.215 proval of the Director of the Federal and 169.240. Register under 5 U.S.C. 552(a) and 1 (4) IMO Resolution A.694(17), adopted CFR part 51. To enforce any edition on November 6, 1991, General Require- other than that specified in this sec- ments for Shipborne Radio Equipment tion, the Coast Guard must publish no- Forming Part of the Global Maritime tice of change in the FEDERAL REG- Distress and Safety System (GMDSS) ISTER and the material must be avail- and for Electronic Navigational Aids, able to the public. All approved mate- incorporation by reference approved rial is available for inspection at the for § 165.215. National Archives and Records Admin- (5) International Convention on Ton- istration (NARA). For information on nage Measurement of Ships, 1969, incor- the availability of this material at poration by reference approved for NARA, call 202–741–6030 or go to http:// § 169.5. www.archives.gov/federallregister/ codeloflfederallregulations/ [USCG–2005–22612, 73 FR 23319, Apr. 29, 2008, ibrllocations.html. Also, it is available as amended by USCG–2010–0351, 75 FR 36287, for inspection at the Coast Guard, Of- June 25, 2010; USCG–2011–0257, 76 FR 31838, fice of Navigation Systems (CG–5532), June 2, 2011] 2100 2nd St. SW., Stop 7580, Wash- ington, DC 20593–7580, and is available Subpart B—Establishment of Two from the sources indicated in this sec- Mandatory Ship Reporting tion. Systems for the Protection of (b) International Electrotechnical Com- Northern Right Whales mission (IEC) Bureau Central de la Com- mission Electrotechnique Internationale, 3 § 169.100 What mandatory ship report- rue de Varembe´, P.O. Box 131, 1211 Ge- ing systems are established by this neva 20, Switzerland. subpart? (1) IEC 60945, Fourth edition 2002–08, Maritime navigation and This subpart prescribes requirements radiocommunication equipment and for the establishment and maintenance systems—General requirements—Meth- of two mandatory ship reporting sys- ods of testing and required test results, tems for the protection of the endan- incorporation by reference approved gered northern right whale (also known for § 169.215. as the North Atlantic right whale). (2) [Reserved] These two systems are designated for (c) International Maritime Organization certain areas of the East Coast of the (IMO), 4 Albert Embankment, London United States. One system is located in SE1 7SR, U.K. the northeast and is identified as (1) IMO Resolution MSC.202(81), WHALESNORTH. The other system is adopted on May 19, 2006, Adoption of located in the southeast and is identi- Amendments to the International Con- fied as WHALESSOUTH. vention for the Safety of Life at Sea, 1974, as Amended, incorporation by ref- NOTE TO § 169.100: 50 CFR 224.103(c) contains erence approved for § 169.240. requirements and procedures concerning

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northern right whale approach limitations § 169.125 What classes of ships are re- and avoidance procedures. quired to make reports? [USCG–1999–5525, 64 FR 29234, June 1, 1999, as Each self-propelled ship of 300 gross amended by 66 FR 58070, Nov. 20, 2001] tons or greater must participate in the § 169.102 Who is the shore-based au- reporting systems, except government thority? ships exempted from reporting by regu- The U.S. Coast Guard is the shore- lation V/8–1(c) of SOLAS. However, ex- based authority for these mandatory empt ships are encouraged to partici- ship reporting systems. pate in the reporting systems. [USCG–1999–5525, 66 FR 58070, Nov. 20, 2001] § 169.105 Where is the northeastern reporting system located? § 169.130 When are ships required to Geographical boundaries of the make reports? northeastern area include the waters of Participating ships must report to Cape Cod Bay, Massachusetts Bay, and the shore-based authority upon enter- the Great South Channel east and ing the area covered by a reporting sys- southeast of Massachusetts. The co- tem. Additional reports are not nec- ordinates (NAD 83) of the area are as essary for movements made within a follows: from a point on Cape Ann, system or for ships exiting a system. Massachusetts at 42°39′ N, 70°37′ W; then northeast to 42°45′ N, 70°13′ W; then ° ′ ° ′ § 169.135 How must the reports be southeast to 42 10 N, 68 31 W; then made? south to 41°00′ N, 68°31′ W; then west to 41°00′ N, 69°17′ W; then northeast to (a) A ship equipped with INMARSAT 42°05′ N, 70°02′ W, then west to 42°04′ N, C must report in IMO standard format 70°10′ W; and then along the Massachu- as provided in § 169.140 in table 169.140. setts shoreline of Cape Cod Bay and (b) A ship not equipped with Massachusetts Bay back to the point INMARSAT C must report to the Coast on Cape Anne at 42°39′ N, 70°37′ W. Guard using other means, listed below in order of precedence— § 169.110 When is the northeastern re- (1) Narrow band direct printing porting system in effect? (SITOR), The mandatory ship reporting sys- (2) HF voice communication, or tem in the northeastern United States (3) MF or VHF voice communica- operates year-round. tions. § 169.115 Where is the southeastern re- (c) SITOR or HF reports made di- porting system located? rectly to the Coast Guard’s Commu- nications Area Master Station Atlantic Geographical boundaries of the (CAMSLANT) in Chesapeake, VA, or southeastern area include coastal MF or VHF reports made to Coast waters within about 25 nautical miles (45 kilometer) along a 90-nautical mile Guard activities or groups, should only (170-kilometer) stretch of the Atlantic be made by ships not equipped with seaboard in Florida and Georgia. The INMARSAT C. Ships in this category area coordinates (NAD 83) extends from must provide all the required informa- the shoreline east to longitude 80°51.6′ tion to the Coast Guard watchstander. W with the southern and northern [USCG–1999–5525, 64 FR 29234, June 1, 1999, as boundaries at latitude 30°00′ N and amended by 66 FR 58070, Nov. 20, 2001] 31°27′ N, respectively. § 169.140 What information must be in- § 169.120 When is the southeastern re- cluded in the report? porting system in effect? Each ship report made to the shore- The mandatory ship reporting sys- based authority must follow the stand- tem in the southeastern United States ard reporting and format requirements operates during the period beginning listed in this section in table 169.140. on November 15 each year through Current email addresses and telex num- April 16 of the following year. bers are published annually in the US [USCG–1999–5525, 66 FR 58070, Nov. 20, 2001] Coast Pilot.

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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 § 169.210 Where during its inter- Range Identification and national voyage must a ship trans- Tracking Information mit position reports? The requirements for the transmission of position reports, imposed by SOURCE: USCG–2005–22612, 73 FR 23319, Apr. the United States, vary depending on 29, 2008, unless otherwise noted. the relationship of the United States to § 169.200 What is the purpose of this a ship identified in § 169.205. subpart? (a) Flag State relationship. A U.S. flag ship engaged on an international voy- This subpart implements Regulation age must transmit position reports 19–1 of SOLAS Chapter V (SOLAS V/19– wherever they are located. 1) and requires certain ships engaged (b) Port State relationship. A foreign on an international voyage to transmit flag ship engaged on an international vessel identification and position infor- voyage must transmit position reports mation electronically. This require- after the ship has announced its inten- ment enables the Coast Guard to ob- tion to enter a U.S. port or place under tain long range identification and requirements in 33 CFR part 160, sub- tracking (LRIT) information and thus part C. heightens our overall maritime domain (c) Coastal State relationship. A for- awareness, enhances our search and eign flag ship engaged on an inter- rescue operations, and increases our national voyage must transmit posi- ability to detect anomalies and deter tion reports when the ship is within transportation security incidents. 1,000 nautical miles of the baseline of the United States, unless their Flag § 169.205 What types of ships are re- Administration, under authority of quired to transmit LRIT information (position reports)? SOLAS V/19–1.9.1, has directed them not to do so. The following ships, while engaged on an international voyage, are required § 169.215 How must a ship transmit po- to transmit position reports: sition reports? (a) A passenger ship, including high A ship must transmit position re- speed passenger craft. ports using Long Range Identification (b) A cargo ship, including high speed and Tracking (LRIT) equipment that craft, of 300 gross tonnage or more. has been type-approved by their Ad- (c) A mobile offshore drilling unit ministration. To be type-approved by while underway and not engaged in the Coast Guard, LRIT equipment drilling operations. must meet the requirements of IMO

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Resolutions A.694(17), MSC.210(81), and § 169.235 What exemptions are there MSC.254(83), and IEC standard IEC from reporting? 60945 (Incorporated by reference, see A ship is exempt from this subpart if § 169.15). it is— (a) Fitted with an operating auto- § 169.220 When must a ship be fitted matic identification system (AIS), with LRIT equipment? under 33 CFR 164.46, and operates only A ship identified in § 169.205 must be within 20 nautical miles of the United equipped with LRIT equipment— States baseline, (a) Before getting underway, if the (b) A warship, naval auxiliaries or ship is constructed on or after Decem- other ship owned or operated by a ber 31, 2008. SOLAS Contracting Government and (b) By the first survey of the radio in- used only on Government non-commer- stallation after December 31, 2008, if cial service, or the ship is— (c) A ship solely navigating the Great (1) Constructed before December 31, Lakes of North America and their con- 2008, and necting and tributary waters as far (2) Operates within— east as the lower exit of the St. Lam- (i) One hundred (100) nautical miles bert Lock at Montreal in the Province of the United States baseline, or of Quebec, Canada. (ii) Range of an Inmarsat geostationary satellite, or other Applica- § 169.240 When may LRIT equipment be switched off? tion Service Provider recognized by the Administration, with which continuous A ship engaged on an international alerting is available. voyage may switch off its LRIT equip- (c) By the first survey of the radio in- ment only when it is permitted by its stallation after July 1, 2009, if the ship Flag Administration, in circumstances is— detailed in SOLAS V/19–1.7, or in para- (1) Constructed before December 31, graph 4.4.1, of resolution MSC.210(81), 2008, and as amended by resolution MSC.254(83) (2) Operates within the area or range (Incorporated by reference, see § 169.15). specified in paragraph (b)(2) of this sec- § 169.245 What must a ship master do tion as well as outside the range of an if LRIT equipment is switched off Inmarsat geostationary satellite with or fails to operate? which continuous alerting is available. While operating in the area or range (a) If a ship’s LRIT equipment is specified in paragraph (b)(2) of this sec- switched off or fails to operate, the tion, however, a ship must install LRIT ship’s master must inform his or her equipment by the first survey of the Flag Administration without undue radio installation after December 31, delay. 2008. (b) The master must also make an entry in the ship’s logbook that § 169.225 Which Application Service states— Providers may a ship use? (1) His or her reason for switching the LRIT equipment off, or an entry A ship may use an Application Serv- that the equipment has failed to oper- ice Provider (ASP) recognized by its ate, and Administration. Some Communication (2) The period during which the LRIT Service Providers may also serve as an equipment was switched off or non- ASP. operational.

§ 169.230 How often must a ship trans- NOTE TO § 169.245: For U.S. vessels, the U.S. mit position reports? Coast Guard serves as the Flag Administra- A ship’s LRIT equipment must trans- tion for purposes of this section. All LRIT notifications for the U.S. Flag Administra- mit position reports at 6-hour intervals tion, in addition to requests or questions unless a more frequent interval is re- about LRIT, should be communicated to the quested remotely by an LRIT Data U.S. Coast Guard by e-mail addressed to Center. [email protected].

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