Coast Guard, DHS § 165.T01–0125

injury to any vessel or waterfront fa- ducted that are outlined in § 125.15 of cility, to safeguard ports, harbors, ter- this chapter. ritories, or waters of the United States or to secure the observance of the Subpart F—Specific Regulated rights and obligations of the United Navigation Areas and Limited States. (b) The purpose of a security zone is Access Areas to safeguard from destruction, loss, or FIRST COAST GUARD DISTRICT injury from sabotage or other subver- sive acts, accidents, or other causes of § 165.T01–0125 Safety Zones; Fireworks a similar nature: Displays in Captain of the Port (1) Vessels, Long Island Sound Zone. (2) Harbors, (a) Regulations. The general regula- (3) Ports, and tions contained in 33 CFR 165.23 as well (4) Waterfront facilities: as the following regulations apply to in the United States and all territory the events listed in Table 1 to § 165.T01– and water, continental or insular, that 0125. is subject to the jurisdiction of the (b) Enforcement period. This rule will United States. be enforced on the dates and times list- ed for each event in Table 1 to § 165.33 General regulations. § 165.T01–0125. If the event is delayed by Unless otherwise provided in the spe- inclement weather, the safety zone will cial regulations in Subpart F of this be enforced on the rain date indicated part: in Table 1 to § 165.T01–0125. (a) No person or vessel may enter or (c) Definitions. The following defini- remain in a security zone without the tions apply to this section: permission of the Captain of the Port; Designated representative. A ‘‘des- (b) Each person and vessel in a secu- ignated representative’’ is any commis- rity zone shall obey any direction or sioned, warrant or petty officer of the order of the Captain of the Port; U.S. Coast Guard who has been des- (c) The Captain of the Port may take ignated by the Captain of the Port possession and control of any vessel in (COTP), Sector Long Island Sound, to the security zone; act on his or her behalf. The designated (d) The Captain of the Port may re- representative may be on an official move any person, vessel, article, or patrol vessel or may be on shore and thing from a security zone; will communicate with vessels via (e) No person may board, or take or VHF–FM radio or loudhailer. While place any article or thing on board, members of the Coast Guard Auxiliary any vessel in a security zone without will not serve as the designated rep- the permission of the Captain of the resentative, they may be present to in- Port; and form vessel operators of this regula- (f) No person may take or place any tion. article or thing upon any waterfront Official patrol vessels. Official patrol facility in a security zone without the vessels may consist of any Coast permission of the Captain of the Port. Guard, Coast Guard Auxiliary, state, or local law enforcement vessels assigned Subpart E—Restricted Waterfront or approved by the COTP. Areas (d) Vessels desiring to enter or oper- ate within a safety zone should contact § 165.40 Restricted waterfront areas. the COTP or the designated representa- The Commandant, may direct the tive via VHF channel 16 or by tele- COTP to prevent access to waterfront phone at (203) 468–4401 to obtain per- facilities, and port and harbor areas, mission to do so. Vessels given permis- including vessels and harbor craft sion to enter or operate in a safety therein. This section may apply to per- zone must comply with all directions sons who do not possess the credentials given to them by the COTP Sector outlined in § 125.09 of this chapter when Long Island Sound or the designated certain shipping activities are con- on-scene representative.

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(e) Upon being hailed by an official area, citation for failure to comply, or patrol vessel or the designated rep- both. resentative, by siren, radio, flashing (f) Fireworks barges used in these lo- light or other means, the operator of cations will also have a sign on their the vessel shall proceed as directed. port and starboard side labeled ‘‘FIRE- Failure to comply with a lawful direc- WORKS—STAY AWAY.’’ This sign will tion may result in expulsion from the consist of 10 inch high by 1.5 inch wide red lettering on a white background.

TABLE 1 TO § 165.T01–0125

Fireworks Events

1 USCG Academy Fireworks Entertainment ...... • Date: April 25, 2015. • Time: 9:45 p.m. to 10:55 p.m. • Location: All waters of the Thames River near New London, CT within 350 feet of the land launch site in approximate po- sition 41°22′28.03″ N, 072°05′48.81″ W (NAD 83). 2 Boys and Girls Club—Beach Ball 2015 Fireworks ...... • Date: June 20, 2015. • Rain Date: June 21, 2015. • Time: 8:45 p.m. to 9:45 p.m. • Location: All waters of Great South Bay near Bellport, NY within 600 feet of the fireworks barge located in approximate position 40°44′39.19″ N, 073°56′27.72″ W (NAD 83). 3 Marina at America Wharf Fireworks ...... • Date: June 20, 2015. • Rain Date: June 21, 2015. • Time: 9 p.m. to 11 p.m. • Location: All waters of Thames River near Norwich, CT with- in 400 feet of the fireworks barge located in approximate po- sition 41°31′16.835″ N, 072°04′43.327″ W (NAD 83). 4 Cherry Groves Pride Week Fireworks ...... • Date: June 20, 2015. • Rain Date: June 21, 2015. • Time: 8:50 p.m. to 9:50 p.m. • Location: All waters of Great South Bay near Fire Island, NY within 600 feet of the fireworks barge located in approximate position 40°39′49.06″ N, 073°05′27.99″ W (NAD 83). 5 Riverfest Fireworks ...... • Date: July 11, 2015. • Time: 8:30 p.m. to 10:30 p.m. • Location: All waters of Connecticut River near Hartford, CT within 500 feet of the fireworks barges located in approxi- mate positions 41°45′41.94″ N, 072°39′50.74″ W and 41°54′38.30″ N, 072°39′48.19″ W (NAD 83). 6 Village of Saltaire Fireworks ...... • Date: August 1, 2015. • Rain Date: September 5, 2015. • Time: 8 p.m. to 10 p.m. • Location: All waters of Saltaire Bay near Saltaire, NY within 600 feet of the fireworks barge located in approximate posi- tion 40°38′38.60″ N, 073°12′05.06″ W (NAD 83).

EFFECTIVE DATE NOTE: By USCG–2015–0125, N, 073°54′48.00″ W; thence to 41°03′57.26″ 80 FR 28183, May 18, 2015, § 165.T01–0125 was N, 073°54′40.73″ W; thence to 41°03′57.36″ added, effective from 12:01 a.m. on May 18, N, 073°54′47.38″ W; thence to 41°03′58.66″ 2015 until 5:30 p.m. on Sept. 20, 2015. N, 073°54′56.14″ W; thence to 41°04′03.00″ ° ′ ″ § 165.T01–0174 Regulated Navigation N, 073 55 07.60 W; thence to a point on Areas and Safety Zone Tappan Zee the western shoreline at 41°04′06.69″ N, Bridge Construction Project, Hud- 073°55′14.10″ W; thence northerly along son River; South Nyack and the shoreline to the point of origin Tarrytown, NY. (NAD 83). (a) Regulated navigation area bound- (2) Eastern RNA: all waters bound by aries. The following are regulated navi- the following approximate positions: gation areas: 41°04′21.96″ N, 073°52′03.25″ W on the (1) Western RNA: all waters bound by eastern shoreline; thence to 41°04′26.27″ the following approximate positions: N, 073°52′19.82″ W; thence to 41°04′26.53″ 41°04′39.16″ N, 073°55′00.68″ W on the N, 073°53′20.07″ W; thence to 41°03′56.92″ western shoreline; thence to 41°04′28.34″ N, 073°53′18.84″ W; thence to 41°03′56.69″ N, 073°54′47.18″ W; thence to 41°04′11.28″ N, 073°52′24.75″ W; thence to a point on

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the eastern shoreline at 41°03′46.91″ N, COTP to act on the COTP’s behalf. The 073°52′05.89″ W; thence northerly along designated representative may be on a the shoreline to the point of origin Coast Guard vessel or New York State (NAD 83). Police, Westchester County Police, (b) Safety Zone boundaries. The fol- Rockland County Police, or other des- lowing is a Safety Zone: all waters ignated craft; or may be on shore and bound by the following approximate will communicate with vessels via positions: 41°04′59.70″ N, 073°54′45.54″ W; VHF–FM radio or loudhailer. Members thence to 41°05′00.18″ N, 073°53′21.48″ W; of the Coast Guard Auxiliary may be thence to 41°03′09.24″ N, 073°53′16.86″ W; present to inform vessel operators of thence to 41°03′07.08″ N, 073°54′14.70″ W; this regulation. thence to 41°04′11.28″ N, 073°54′48.00″ W; (7) Upon being hailed by a Coast thence to the point of origin (NAD 83). Guard vessel by siren, radio, flashing (c) Regulations. (1) The general regu- light or other means, the operator of lations contained in 33 CFR 165.10, the vessel must proceed as directed. 165.11, and 165.13, 165.20 and 165.23 apply. (8) For the purpose of this regulation, (2) Any vessel transiting through the the Federal navigation channel, lo- Western RNA must make a direct and cated in the Eastern RNA is marked by expeditious passage. No vessel may the red and green navigation lights on stop, moor, anchor or loiter within the the existing Tappan Zee Bridge, and RNA at any time unless they are work- the New NY Bridge. As the project pro- ing on the bridge construction oper- gresses, the Federal navigation channel ations. will be intermittently closed, or par- (3) Any vessel transiting through the tially restricted, to all vessel transits. Eastern RNA must make a direct and While the Federal navigation channel expeditious passage. No vessel may is closed, vessels that can safely navi- stop, moor, anchor or loiter within the gate outside the Federal navigation RNA at any time unless they are work- channel would still be able to transit ing on the bridge construction oper- through the Eastern RNA. These clo- ations or they are transiting to, or sures or partial restrictions are ten- from, the special anchorage area codi- tatively scheduled to take place be- fied in 33 CFR 110.60(c)(8) located on tween March 2015 and October 2016. The the eastern shoreline at Tarrytown, NY COTP will cause a notice of the chan- and within the boundaries of the RNA. nel closure or restrictions by appro- (4) Entry and movement within the priate means to the affected segments Eastern RNA or Western RNA is sub- of the public. Such means of notifica- ject to a ‘‘Slow-No Wake’’ speed limit. All vessels may not produce a wake tion may include, but are not limited and may not attain speeds greater than to, Broadcast Notice to Mariners and five knots unless a higher minimum Local Notice to Mariners. speed is necessary to maintain steer- (9) Notwithstanding anything con- ageway. All vessels must proceed tained in this section, the Rules of the through the Eastern RNA and Western Road (33 CFR part 84—Subchapter E, RNA with caution and operate in such inland navigational rules) are still in a manner as to produce no wake. effect and must be strictly adhered to (5) Entry into, anchoring, loitering, at all times. or movement within the Safety Zone is (d) Enforcement periods. This regula- prohibited unless the vessel is working tion will be enforced 24 hours a day on the bridge construction operations from 5:00 a.m. on July 3, 2014 until 11:59 or authorized by the Captain of the p.m. on December 31, 2018. Port New York (COTP) or his des- (1) Notice of suspension of enforce- ignated representative. ment: If enforcement is suspended, the (6) All persons and vessels must com- COTP will cause a notice of the suspen- ply with all orders and directions from sion of enforcement by appropriate the COTP or the COTP’s designated means to the affected segments of the representative. The ‘‘designated rep- public. Such means of notification may resentative’’ of the COTP is any Coast include, but are not limited to, Broad- Guard commissioned, warrant or petty cast Notice to Mariners and Local No- officer who has been designated by the tice to Mariners. Such notification will

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include the date and time that enforce- communicating with vessels via VHF– ment will be suspended as well as the FM radio or loudhailer. Members of the date and time that enforcement will re- Coast Guard Auxiliary may be present sume. to inform vessel operators of this regu- (2) Violations of this regulation may lation. be reported to the COTP at 718–354–4353 (6) All other relevant regulations, in- or on VHF-Channel 16. cluding but not limited to the Rules of EFFECTIVE DATE NOTE: By USCG–2013–0705, the Road (33 CFR chapter I, subchapter 79 FR 43254, July 25, 2014, temporary E) remain in effect within the regu- § 165.T01–0174 was revised, effective from July lated area and must be strictly fol- 25, 2014 until Dec. 31, 2018. lowed at all times. (c) Effective and enforcement period. § 165.T01–0214 Regulated Navigation This regulation is effective and en- Area; South Bristol Gut Bridge Re- placement, South Bristol, ME. forceable 24 hours a day from 12:01 a.m. on September 19, 2014, until 11:59 p.m. (a) Location. The following area is a on April 30, 2017. Regulated Navigation Area (RNA): All (1) Prior to commencing or sus- navigable waters of The Gut in South pending enforcement of this regulation, Bristol, ME, from surface to bottom, the COTP will give notice by appro- within a 300 yard radius of position priate means to inform the affected 43°51′43″ N, 069°33′30″ W. segments of the public, to include dates (b) Regulations. (1) The general regu- and times. Such means of notification lations contained in 33 CFR 165.11 and will include, but are not limited to, 165.13 apply within the RNA. Broadcast Notice to Mariners, Local (2) In accordance with the general Notice to Mariners, and other means regulations, entry into or movement described in 33 CFR 165.7. within this RNA, during periods of en- forcement, is prohibited unless author- (2) Violations of this RNA may be re- ized by the First District Commander ported to the COTP at (207) 767–0303 or or the Captain of the Port Sector on VHF-Channel 16. Northern New England (COTP). EFFECTIVE DATE NOTE: By USCG–2014–0214, (3) Persons and vessels may request 79 FR 60747, Oct. 8, 2014, temporary § 165.T01– permission to enter the RNA during pe- 0214 was added, effective Oct. 8, 2014 until riods of enforcement by contacting the Apr. 30, 2017. COTP or the COTP’s on-scene rep- resentative on VHF–16 or via phone at § 165.T01–0215 Regulated Navigation (207) 767–0303. Area; Bridge 1 Structural Repairs (4) During periods of enforcement, a at Portsmouth Naval Shipyard, Kittery, ME. speed limit of five knots will be in ef- fect within the RNA and all vessels (a) Location. The following area is a must proceed through the area with Regulated Navigation Area (RNA): All caution and operate in such a manner navigable waters of Piscataqua River as to produce no wake unless a higher between Kittery, ME and Seavey Is- minimum speed is necessary to main- land, ME, from surface to bottom, tain steering. within a 300 yard radius of position (5) Vessels permitted to enter the 43°05′06″ N, 070°44′29″ W. RNA during periods of enforcement (b) Regulations. (1) The general regu- must comply with all directions given lations contained in 33 CFR 165.10, to them by the First District Com- 165.11, and 165.13 apply within the RNA. mander, COTP, or the COTP’s on-scene (2) Any vessel transiting through the representative. The ‘‘on-scene rep- RNA must make a direct passage. No resentative’’ of the COTP is any Coast vessel may stop, moor, anchor or loiter Guard commissioned, warrant or petty within the RNA at any time unless officer who has been designated by the they are working on the bridge con- COTP to act on the COTP’s behalf. The struction. Movement within the RNA on-scene representative may be on a is subject to a ‘‘Slow-No Wake’’ speed Coast Guard vessel; Maine State Po- limit. All vessels may not produce a lice, Maine Marine Patrol or other des- wake and may not attain speeds great- ignated craft; or may be on shore and er than five (5) knots unless a higher

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minimum speed is necessary to main- W in the vicinity of the Maine Ken- tain steering. nebec River Bridge between Richmond, (3) There may be times that the First ME and Dresden, ME. District Commander or the Captain of (b) Regulations. (1) The general regu- the Port (COTP) finds it necessary to lations contained in 33 CFR 165.11 and close the RNA to vessel traffic. During 165.13 apply within the RNA. times of limited closure, persons and (2) In accordance with the general vessels may request permission to regulations, entry into or movement enter the RNA by contacting the COTP within this zone, during periods of en- or the COTP’s on-scene representative forcement, is prohibited unless author- on VHF–16 or via phone at 207–767–0303. ized by the COTP Sector Northern New (4) Any vessels transiting in the RNA England. must comply with all directions given (3) Persons and vessels may request to them by the COTP or the COTP’s permission to enter the RNA during pe- on-scene representative. The ‘‘on-scene riods of enforcement by contacting the representative’’ of the COTP is any COTP or the COTP’s on-scene rep- Coast Guard commissioned, warrant or resentative on VHF–16 or via phone at petty officer who has been designated 207–767–0303. by the COTP to act on the COTP’s be- (4) During periods of enforcement, a half. The on-scene representative may speed limit of six (6) knots will be in ef- be on a Coast Guard vessel; Maine fect within the regulated area. All ves- State Police, Maine Marine Patrol or sels must proceed through the area other designated craft; or may be on with caution and operate in such a shore and communicating with vessels manner as to produce no wake. via VHF–FM radio or loudhailer. Mem- (5) Vessels must comply with all di- bers of the Coast Guard Auxiliary may rections given to them by the COTP or be present to inform vessel operators of the COTP’s on-scene representative. this regulation. The ‘‘on-scene representative’’ of the (5) All other relevant regulations, in- COTP is any Coast Guard commis- cluding but not limited to the Rules of sioned, warrant or petty officer who the Road, as codified in 33 CFR Sub- has been designated by the COTP to chapter E, Inland Navigational Rules, act on the COTP’s behalf. The on-scene remain in effect within the RNA and representative may be on a Coast must be strictly followed at all times. Guard vessel; Maine State Police, (c) Enforcement Period. This regula- Maine Marine Patrol or other des- tion is enforceable 24 hours a day from ignated craft; or may be on shore and 12:01 a.m. on October 1, 2014 until 11:59 communicating with vessels via VHF– p.m. on April 30, 2017. FM radio or loudhailer. Members of the (d) Notification. The Coast Guard will Coast Guard Auxiliary may be present rely on the methods described in 33 to inform vessel operators of this regu- CFR 165.7 to notify the public of the lation. time and duration of any closure of the (6) Upon being hailed by a U.S. Coast RNA. Violations of this RNA may be Guard vessel by siren, radio, flashing reported to the COTP at 207–767–0303 or light or other means, the operator of on VHF-Channel 16. the vessel must proceed as directed. (7) All other relevant regulations, in- EFFECTIVE DATE NOTE: By USCG–2014–0215, cluding but not limited to the Rules of 79 FR 62341, Oct. 17, 2014, temporary § 165.T01– 0215 was added, effective Oct. 17, 2014 until the Road (33 CFR part 84—Subchapter Apr. 30, 2017. E, Inland Navigational Rules) remain in effect within the regulated area and § 165.T01–0329 Regulated Navigation must be strictly followed at all times. Area; Maine Kennebec Bridge Con- (c) Enforcement period. This regula- struction and Removal, Kennebec tion is enforceable 24 hours a day from River, Richmond, ME. 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

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segments of the public, to include dates are not limited to, Broadcast Notice to and times. Such means of notification Mariners and Local Notice to Mariners, will include constructive notice by Marine Safety Information Bulletins, publication in the FEDERAL REGISTER, or other appropriate means. actual notice, as well as Broadcast No- (d) Regulations. (1) The general regu- tice to Mariners and Local Notice to lations contained in 33 CFR 165.23, as Mariners. well as the following regulations, (2) Violations of this RNA may be re- apply. ported to the COTP at 207–767–0303 or (2) During periods of enforcement, all on VHF-Channel 16. persons and vessels must comply with all orders and directions from the EFFECTIVE DATE NOTE: By USCG–2013–0329, 78 FR 53671, Aug. 30, 2013, temporary COTP or a COTP’s designated rep- § 165.T01–0329 was added, effective from Sept. resentative. 1, 2013, through Dec. 31, 2016. (3) During periods of enforcement, upon being hailed by a U.S. Coast § 165.T01–0471 Safety Zone; Belt Park- Guard vessel by siren, radio, flashing way Bridge Construction, Gerritsen light, or other means, the operator of Inlet, Brooklyn, NY. the vessel must proceed as directed. (a) Location. The following area is a safety zone: All navigable waters of EFFECTIVE DATE NOTE: By USCG–2013–0471, 79 FR 26851, May 12, 2014, temporary Gerritsen Inlet: Southeast of a line § 165.T01–0471 was added, effective from May from 40°35′09.46″ N, 073°54′53.92″ W to 12, 2014 until Sept. 30, 2017. At 79 FR 43256, 40°35′15.60″ N, 073°54′42.07″ W and North- July 25, 2014, paragraph (a) was revised, ef- west of a line from 40°35′04.88″ N, fective from July 25, 2014 until Sept. 30, 2017. 073°54′45.43″ W to 40°35′10.34″ N, 073°54′35.71″ W (NAD 83). § 165.T01–0554 Regulated Navigation (b) Definitions. The following defini- Area; Sarah Mildred Long Bridge tions apply to this section: Replacement, Portsmouth, NH. (1) Designated representative. A ‘‘des- (a) Location. The following area is a ignated representative’’ is any Coast Regulated Navigation Area (RNA): All Guard commissioned, warrant or petty navigable waters of the Piscataqua officer of the U.S. Coast Guard who has River between Portsmouth, NH and been designated by the Captain of the Kittery, ME, from surface to bottom, Port New York (COTP), to act on his or within a 300 yard radius of position her behalf. The designated representa- 43°05′10″ N, 070°45′38″ W (NAD 83), center tive may be on an official patrol vessel point of the existing Sarah Mildred or may be on shore and will commu- Long Bridge. nicate with vessels via VHF–FM radio (b) Regulations. (1) The general regu- or loudhailer. In addition, members of lations contained in §§ 165.10, 165.11, and the Coast Guard Auxiliary may be 165.13 apply within the RNA. present to inform vessel operators of (2) Any vessel transiting through the this regulation. RNA must make a direct passage. No (2) Official patrol vessels. Official pa- vessel may stop, moor, anchor or loiter trol vessels may consist of any Coast within the RNA at any time unless Guard, Coast Guard Auxiliary, state, or they are working on the bridge con- local law enforcement vessels assigned struction. Movement within the RNA or approved by the COTP. is subject to a ‘‘Slow-No Wake’’ speed (c) Enforcement periods. (1) This regu- limit. All vessels may not produce a lation is enforceable 24 hours a day wake and may not attain speeds great- from April 30, 2014 through September er than five (5) knots unless a higher 30, 2017. minimum speed is necessary to main- (2) Prior to commencing or sus- tain bare steerageway. pending enforcement of this regulation, (3) There may be times that the First the COTP and designated on-scene pa- District Commander or the Captain of trol personnel will notify the public the Port (COTP) finds it necessary to whenever the regulation is being en- close the RNA to vessel traffic. All clo- forced and whenever enforcement is sures will be limited to specific hours lifted, to include dates and times. The of the day. Mariners will be advised of means of notification will include, but all closure dates and times via Local

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Notice to Mariners and Broadcast No- lowing points: Point ‘‘A’’, 41°12′17.19″ N, tice to Mariners in advance of closure 073°06′40.29″ W western edge of the RR times. During times of limited closure, bridge in Stratford, CT, east to point persons and vessels may request per- ‘‘B’’, 41°12′20.13″ N, 073°6′29.05″ W eastern mission to enter the RNA by con- edge of the RR bridge in Milford CT; tacting the COTP or the COTP’s on- bounded to the south by a line con- scene representative on VHF–16 or via necting the following points: Point ‘‘C’’ phone at 207–767–0303. 41°12′14.36″ N, 073°06′41.06″ W western (4) Any vessels transiting in the RNA edge of construction trestle in Strat- must comply with all directions given ford, CT, east to point ‘‘D’’ 41°12′15.86″ to them by the COTP or the COTP’s N, 073°06′27.57″ W eastern bank of on-scene representative. The ‘‘on-scene Housatonic River, Milford, CT. All co- representative’’ of the COTP is any ordinates are North American Datum Coast Guard commissioned, warrant or 1983. petty officer who has been designated by the COTP to act on the COTP’s be- (b) Regulations. (1) The general regu- half. The on-scene representative may lations contained in 33 CFR 165.10, be on a Coast Guard vessel; or other 165.11, and 165.13 apply. designated craft; or on shore and com- (2) In accordance with the general municating with vessels via VHF–FM regulations, entry into, anchoring, or radio or loudhailer. Members of the movement within the RNA, during pe- Coast Guard Auxiliary may be present riods of enforcement, is prohibited un- to inform vessel operators of this regu- less authorized by the Captain of the lation. Port Long Island Sound (COTP) or the (5) All other relevant regulations, in- COTP’s designated representative. cluding but not limited to the Rules of (3) During periods of enforcement, the Road, as codified in 33 CFR sub- entry and movement within the RNA is chapter E, Inland Navigational Rules, subject to a ‘‘Slow-No Wake’’ speed remain in effect within the RNA and limit. Vessels may not produce more must be strictly followed at all times. than a minimum wake and may not at- (c) Enforcement period. This regula- tain speeds greater than six knots un- tion is enforceable 24 hours a day from less a higher minimum speed is nec- 12:01 a.m. on December 31, 2014 until essary to maintain steerageway when 11:59 p.m. on May 31, 2019. traveling with a strong current. In no (d) Notification. The Coast Guard will case may the wake produced by the rely on the methods described in § 165.7 vessel be such that it creates a danger to notify the public of the time and du- of injury to persons, or damage to ves- ration of any closure of the RNA. Vio- sels or structures of any kind. lations of this RNA may be reported to (4) During periods of enforcement, all the COTP at 207–767–0303 or on VHF- persons and vessels must comply with Channel 16. all orders and directions from the [USCG–2014–0554, 80 FR 1341, Jan. 9, 2014] COTP or the COTP’s designated rep- EFFECTIVE DATE NOTE: By USCG–2014–0554, resentative. 80 FR 1341, Jan. 9,2014, temporary § 165.T01– (5) During periods of enforcement, 0554 was added, effective Jan. 9, 2015 through upon being hailed by a Coast Guard May 31, 2019. vessel by siren, radio, flashing light or other means, the operator of the vessel § 165.T01–0824 Regulated Navigation Area; Housatonic River Bridge Re- must proceed as directed. placement Operations; Stratford, (6) Persons and vessels may request CT. permission to enter the RNA during pe- (a) Location. The following area is a riods of closure on VHF–16 or via phone regulated navigation area (RNA): All at 203–468–4401. navigable waters of the Housatonic (7) Notwithstanding anything con- River between Stratford and Milford, tained in this rule, the Rules of the CT, from bank to bank, surface to bot- Road (33 CFR part 84—Subchapter E, tom; bounded to the north by the inland navigational rules) are still in Metro North Railroad (RR) Bridge effect and must be strictly adhered to marked by a line connecting the fol- at all times.

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(c) Effective period. This rule is effec- tending from 42°14′46.392″ N, 070°58′2.964″ tive from January 7, 2013 through No- W, thence along a line 120°T to vember 30, 2017. 42°14′44.376″ N, 070°57′52.992″ W, thence (d) Enforcement period. Except when south along the shoreline to suspended in accordance with para- 42°14′35.052″ N, 070°57′59.364″ W, thence graph (e) of this section, this RNA is along a line 291°T to 42°14′38.58″ N, enforceable 24 hours a day during the 070°58′15.348″ W, thence north along the effective period. shoreline to the first point. (e) Suspension of enforcement. The (b) Effective and enforcement periods. COTP may suspend enforcement of the This rule is effective from October 28, RNA. If enforcement is suspended, the 2013 until December 31, 2017. This RNA COTP will cause a notice of the suspen- will be enforced intermittently, de- sion of enforcement by all appropriate pending on risks posed by the ongoing means to promote the widest publicity construction project. Periods of en- among the affected segments of the forcement will be published in the FED- public. Such means of notification may ERAL REGISTER via a Notice of Enforce- include, but are not limited to, Broad- ment and may be publicized via Local cast Notice to Mariners and Local No- Notice to Mariners or Broadcast Notice tice to Mariners. Such notifications to Mariners. will include the date and time that en- (c) Regulations. (1) The general regu- forcement is suspended as well as the lations contained in 33 CFR 165.10, date and time that enforcement will re- 165.11, and 165.13 apply. sume. (2) In accordance with the general (f) Waterway closure. The COTP may regulations, entry into, anchoring, or temporarily suspend all traffic through movement within the RNA, during pe- the RNA for any situation that would riods of enforcement, is prohibited un- pose imminent hazard to life on the less authorized by the First District navigable waters. In the event of a Commander, the Captain of the Port complete waterway closure, the COTP Boston (COTP), or the COTP’s des- will make advance notice of the clo- ignated representative. sure by all means available to promote (3) During periods of enforcement, the widest public distribution includ- entry and movement within the RNA is ing, but not limited to, Broadcast No- subject to a ‘‘Slow-No Wake’’ speed tice to Mariners and Local Notice to limit. Vessels within the RNA may not Mariners. Such notification will in- produce more than a minimum wake clude the date and time of the closure and may not attain speeds greater than as well as the date and time that nor- three knots unless a higher minimum mal vessel traffic can resume. speed is necessary to maintain steer- (g) Violations of this RNA may be re- ageway when traveling with a strong ported to the COTP, at 203–468–4401 or current. In no case may the wake pro- on VHF-Channel 16. Persons in viola- duced by a vessel within the RNA be tion of this RNA may be subject to such that it creates a danger of injury civil or criminal penalties. to persons or damage to vessels or structures of any kind. EFFECTIVE DATE NOTE: By USCG–2012–0824, (4) During periods of enforcement, all 78 FR 1148, Jan. 8, 2013, temporary § 165.T01– 0824 was added, effective Jan. 7, 2013 through persons and vessels permitted to oper- Nov. 30, 2017. ate within the RNA must comply with all orders and directions from the First § 165.T01–0876 Regulated Navigation District Commander, the COTP, or the Area—Weymouth Fore River, Fore COTP’s designated representative. River Bridge Construction, Wey- (5) During periods of enforcement, all mouth and Quincy, MA. persons and vessels permitted to oper- (a) Location. The following is a regu- ate within the RNA must proceed as di- lated navigation area: all U.S. navi- rected when hailed by a Coast Guard gable waters surrounding the Wey- vessel by siren, radio, flashing light or mouth Fore River bridge (Mile 3.5), be- other means. tween Weymouth and Quincy, MA; (6) Vessel operators desiring to enter from surface to bottom, within the fol- or operate within the RNA during an lowing points (NAD 83): from a line ex- enforcement period shall contact the

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COTP or the designated on-scene rep- light or other means, the operator of resentative via VHF channel 16 or 617– the vessel shall proceed as directed. 223–3201 (Sector Boston command Cen- (5) Vessel operators desiring to enter ter) to obtain permission. or operate within this safety zone shall (7) Notwithstanding anything con- contact the Captain of the Port or his tained in this rule, the Rules of the designated representatives via VHF Road (33 CFR part 84—Subchapter E, channel 16 to obtain permission to do inland navigational rules) are still in so. effect and must be strictly adhered to [USCG–2014–1037, 80 FR 1346, Jan. 19, 2015] at all times. EFFECTIVE DATE NOTE: By USCG–2014–1037, EFFECTIVE DATE NOTE: By USCG–2012–0876, 80 FR 1346, Jan. 9, 2015, temporary § 165.T01– 78 FR 59239, Sept. 26, 2013, temporary 1037 was added, effective from Jan. 9, 2015 § 165.T01–0876 was added, effective from Oct. until Jan. 30, 2017. 28, 2013 until Dec. 31, 2017. § 165.T01–1055 Security Zone, John Jo- § 165.T01–1037 Safety Zone: Eastport seph Moakley United States Court- Breakwater Terminal, Eastport, house, Boston, MA. Maine. (a) Location. This security zone en- (a) Location. The following area is a compasses all U.S. navigable waters, safety zone: All navigable waters, from from surface to bottom, within five surface to bottom, within the following ° ′ ″ ° ′ ″ hundred (500) yards of the John Joseph position(s) 44 54 26 N, 066 59 00 W, Moakley United States Courthouse 44°54′25″ N, 066°58′54″ W, 44°54′19″ N, ° ′ ″ ° ′ ″ ° ′ ″ (Moakley Courthouse) in Boston, MA, 066 58 55 W, 44 54 19 N, 066 59 01 W, and following any natural waterside (NAD). Friar Roads, Eastport, Maine. seawall configuration enclosed by a All positions are approximate. line connecting the following points: (b) Enforcement period. This rule will be enforced from 3:00 p.m. on December Latitude Longitude 11, 2014 to 11:59 p.m. January 30, 2017. 42°21′15″ N 71°02′54″ W; Bounded by the cur- (c) Notification. Coast Guard Sector vature of the seawall, thence to Northern New England will give actual 42°21′13″ N 71°02′27″ W; thence to notice to mariners for the purpose of 42°21′25″ N 71°02′17″ W; thence to enforcement of this temporary safety 42°21′32″ N 71°02′54″ W; Bounded by the cur- vature of the seawall, thence to zone. Also, Sector Northern New Eng- 42°21′18″ N 71°03′01″ W; thence to point of ori- land will notify the public to the great- gin. est extent possible of any period in which the Coast Guard will suspend en- (b) Regulations. While this security forcement of this safety zone. zone is being enforced, the following (d) Regulations. (1) The general regu- regulations, along with those con- lations contained in § 165.23 apply. tained in 33 CFR 165.33, apply: (2) In accordance with the general (1) No person or vessel may enter or regulations in § 165.23, entry into or remain in this security zone without movement within this zone is prohib- the permission of the Captain of the ited unless authorized by the Captain Port (COTP), Sector Boston. However, of the Port or his designated represent- the COTP hereby grants vessels per- atives. mission to enter this security zone as (3) The ‘‘designated representative’’ long as such vessels remain beyond one is any Coast Guard commissioned, war- hundred (100) yards of the Moakley rant, or petty officer who has been des- Courthouse and as long as such vessels ignated by the Captain of the Port to proceed through the area with caution act on his behalf. The designated rep- and operate at a speed no faster than resentative may be on board a Coast that speed necessary to maintain a safe Guard vessel, or on board a federal, course, unless otherwise required by state, or local agency vessel that is au- the Navigation Rules. thorized to act in support of the Coast (2) Although vessels have permission Guard. to enter the security zone under the (4) Upon being hailed by a U.S. Coast conditions mentioned in the preceding Guard vessel or his designated rep- paragraph, no person or vessel may resentatives by siren, radio, flashing come within one hundred (100) yards of

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the Moakley Courthouse under any § 165.T01–1059 Moon Island—Long Is- conditions unless given express permis- land Bridge Demolition, Boston sion from the COTP or the COTP’s des- Inner Harbor—Quincy Bay, Massa- ignated representatives. chusetts. (3) Any person or vessel permitted to (a) General. A temporary safety zone enter the security zone shall comply is established for the bridge demolition with the directions and orders of the as follows: COTP or the COTP’s representatives. (1) Location. The following area is a Upon being hailed by a U.S. Coast safety zone: All navigable waters, from Guard vessel by siren, radio, flashing surface to bottom, within two hundred lights, or other means, the operator of (200) yards of the Moon Island—Long a vessel within the zone shall proceed Island Bridge, Boston Inner Harbor— as directed. Any person or vessel with- Quincy Bay, MA, and enclosed by a line connecting the following points (NAD in the security zone shall exit the zone 83): when directed by the COTP or the COTP’s representatives. Latitude Longitude (4) To obtain permissions required by 42°18′44″ N ...... 70°58′40″ W; thence to this regulation, individuals may reach 42°18′33″ N ...... 70°58′31″ W; thence to the COTP or a COTP representative via 42°18′18″ N ...... 70°59′10″ W; thence to VHF channel 16 or 617–223–5757 (Sector 42°18′29″ N ...... 70°59′20″ W; thence to point of origin. Boston Command Center) to obtain permission. (2) Effective and Enforcement Period. (5) Penalties. Those who violate this This rule will be effective and enforced section are subject to the penalties set from 12:01 a.m. on February 13, 2015 to forth in 33 U.S.C. 1232 and 50 U.S.C. 192. 11:59 p.m. on December 31, 2015. (b) General. A temporary safety zone (c) Effective and Enforcement Period. is established for the controlled deto- This rule is effective and will be en- nation demolition phase as follows: forced with actual notice starting 12:01 (1) Location. The following area is a a.m. on Monday, January 5, 2015 to safety zone: All navigable waters, from 11:59 p.m. December 31, 2015. surface to bottom, within approxi- (d) Notification. Coast Guard Sector mately one thousand (1000) yards of the Boston will give actual notice to mari- Moon Island—Long Island Bridge, Bos- ners for the purpose of enforcement of ton Inner Harbor—Quincy Bay, Massa- this temporary security zone. Also, chusetts, and enclosed by a line con- Sector Boston will notify the public to necting the following points (NAD 83): the greatest extent possible of any pe- riod in which the Coast Guard will sus- Latitude Longitude pend enforcement of this security zone. 42°18′38″ N ...... 70°58′36″ W; thence to (e) COTP Representative. The COTP’s 42°18′30″ N ...... 70°57′37″ W; thence to 42°17′44″ N ...... 70°59′20″ W; thence to representative may be any Coast Guard 42°18′23″ N ...... 70°59′14″ W; thence to commissioned, warrant, or petty offi- 42°18′41″ N ...... 70°59′54″ W; thence to cer or any Federal, state, or local law 42°19′11″ N ...... 70°58′43″ W; thence to point of origin. enforcement officer who has been des- ignated by the COTP to act on the (2) Effective and Enforcement Period. COTP’s behalf. The COTP’s representa- This rule will be effective from 12:01 tive may be on a Coast Guard vessel, a a.m. on February 13, 2015 to 11:59 p.m. Coast Guard Auxiliary vessel, a state on December 31, 2015, however it will be or local law enforcement vessel, or a enforced on the actual date(s) of the location on shore. controlled detonation, to be deter- mined at a later date. Coast Guard Sec- EFFECTIVE DATE NOTE: By USCG–2014–1065, tor Boston will give actual notice to 80 FR 2013, Jan. 15, 2015, temporary § 165.T01– mariners via Local Notice to Mariners 1055 was added, effective from Jan. 15, 2015 and Broadcast Notice to Mariners until Dec. 31, 2015. (c) Regulations. While this safety zone is being enforced, the following regula- tions, along with those contained in 33 CFR 165.23, apply:

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(1) No person or vessel may enter or § 165.T01–1063 Regulated Navigation remain in this safety zone without the Area; Arthur Kill, NY and NJ. permission of the Captain of the Port (a) Location. The following area is a (COTP), Sector Boston the COTP’s rep- Regulated Navigation Area (RNA): All resentatives. However, any vessel that navigable waters from Port Ivory to is granted permission by the COTP or Grasselli High Wires north of Pralls Is- the COTP’s representatives must pro- land in the Arthur Kill; bounded in the ceed through the area with caution and northeast by a line drawn from posi- operate at a speed no faster than that tion 40°38′43.260″ N, 074°10′47.208″ W; to a speed necessary to maintain a safe point in position 40°38′52.152″ N, course, unless otherwise required by 074°10′47.748″ W; and bounded in the the Navigation Rules. (2) Any person or vessel permitted to southwest by a line drawn from posi- tion 40°37′8.940″ N, 074°12′19.116″ W; to a enter the security zone shall comply ° ′ ″ with the directions and orders of the point in position 40 37 03.252 N, ° ′ ″ COTP or the COTP’s representatives. 074 12 02.052 W. All geographic coordi- Upon being hailed by a U.S. Coast nates are North American Datum of Guard vessel by siren, radio, flashing 1983 (NAD 83). lights, or other means, the operator of (b) Regulations. (1) The general regu- a vessel within the zone shall proceed lations contained in 33 CFR 165.10, as directed. Any person or vessel with- 165.11, and 165.13 apply within the RNA. in the security zone shall exit the zone (2) Any vessel transiting through the when directed by the COTP or the RNA must make a direct passage. No COTP’s representatives. vessel may stop, moor, anchor or loiter (3) To obtain permissions required by within the RNA at any time unless this regulation, individuals may reach they are working on the bridge con- the COTP or a COTP representative via struction. Movement within the RNA VHF channel 16 or 617–223–5757 (Sector is subject to a ‘‘Slow-No Wake’’ speed Boston Command Center) to obtain limit. All vessels may not produce a permission. wake and may not attain speeds great- (4) Penalties. Those who violate this er than five (5) knots unless a higher section are subject to the penalties set minimum speed is necessary to main- forth in 33 U.S.C. 1232 and 50 U.S.C. tain bare steerage. 1226. (3) There may be times that the First (d) Notification. Coast Guard Sector District Commander or the Captain of Boston will give actual notice through the Port (COTP) finds it necessary to the Local Notice to Mariners, Broad- close the RNA to vessel traffic. During cast Notice to Mariners and to mari- times of limited closure, persons and ners for the purpose of enforcement of vessels may request permission to this temporary safety zone. Also, Sec- enter the RNA by contacting the COTP tor Boston will notify the public to the or the COTP’s on-scene representative greatest extent possible of any period on VHF–16 or via phone at 718–354–4353. in which the Coast Guard will suspend (4) Any vessels transiting in the RNA enforcement of this safety zone. must comply with all directions given (e) COTP Representative. The COTP’s to them by the COTP or the COTP’s representative may be any Coast Guard on-scene representative. The ‘‘on-scene commissioned, warrant, or petty offi- representative’’ of the COTP is any cer or any Federal, state, or local law Coast Guard commissioned, warrant or enforcement officer who has been des- petty officer who has been designated ignated by the COTP to act on the by the COTP to act on the COTP’s be- COTP’s behalf. The COTP’s representa- half. The on-scene representative may tive may be on a Coast Guard vessel, a be on a Coast Guard vessel; or other Coast Guard Auxiliary vessel, a state designated craft; or on shore and com- or local law enforcement vessel, or a municating with a VTSNY location on shore. Watchstander or vessels via VHF–FM EFFECTIVE DATE NOTE: By USCG–2014–1059, radio or loudhailer. Members of the 80 FR 11125, Mar. 2, 2015, temporary § 165.T01– Coast Guard Auxiliary may be present 1059 was added, effective from Mar. 2, 2015 to inform vessel operators of this regu- until Dec. 31, 2015. lation.

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(5) All other relevant regulations, in- away from danger of grounding or col- cluding but not limited to the Rules of lision in the event of— the Road, as codified in 33 CFR sub- (A) A propulsion failure; chapter E, Inland Navigational Rules, (B) A parted towing line; remain in effect within the RNA and (C) A loss of tow; must be strictly followed at all times. (D) A fire; (6) Vessel Movement Reporting Sys- (E) Grounding; tem (VMRS) users are prohibited from (F) A loss of steering; or meeting or overtaking other vessels (G) Any other time a vessel may be when transiting alongside an active operating in a Hazardous Vessel Oper- work area where dredging and drilling ating Condition as defined in § 161.2 of equipment are being operated. this Chapter. (c) Effective and enforcement period. (ii) Double-hull tank barges are ex- This regulation is effective and en- empt from paragraph (d)(1)(i) of this forceable 24 hours a day from 12:01 a.m. section. on December 2, 2014 until 11:59 p.m. on (iii) The cognizant Captain of the October 31, 2018. Port (COTP), upon written application, (d) Notification. The Coast Guard will may authorize an exemption from the rely on the methods described in 33 requirements of paragraph (d)(1)(i) of CFR 165.7 to notify the public of the this section for— time and duration of any closure of the RNA. Violations of this RNA may be (A) Any tank barge with a capacity reported to the COTP at 718–354–4353 or of less than 25,000 barrels, operating in on VHF-Channel 16. an area with limited depth or width such as a creek or small river; or EFFECTIVE DATE NOTE: By USCG–2013–1063, (B) Any tank barge operating on any 80 FR 831, Jan. 7, 2015, temporary § 165.T01– waters within the COTP Zone, if the 1063 was added, effective from Jan. 7, 2015 operator demonstrates to the satisfac- until Oct. 31, 2018. tion of the COTP that the barge em- § 165.100 Regulated Navigation Area: ploys an equivalent level of safety to Navigable waters within the First that provided by the positive control Coast Guard District. provisions of this section. Each request (a) Regulated navigation area. All nav- for an exemption under this paragraph igable waters of the United States, as must be submitted in writing to the that term is used in 33 CFR 2.36, within cognizant COTP no later than 7 days the geographic boundaries of the First before the intended transit. Coast Guard District, as defined in 33 (iv) The operator of a towing vessel CFR 3.05–1(b). engaged in towing any tank barge must (b) Definitions. Terms used in this immediately call for an escort or assist section have the same meaning as tug to render assistance in the event of those found in 33 CFR 157.03. Single- any of the occurrences identified in hull identifies any tank barge that is paragraph (d)(1)(i) of this section. not a double-hull tank barge. (2) Enhanced communications. Each (c) Applicability. This section applies vessel engaged in towing a tank barge to primary towing vessels engaged in must communicate by radio on marine towing tank barges carrying petroleum band or Very High Frequency (VHF) oil in bulk as cargo in the regulated channel 13 or 16, and issue security navigation area, or as authorized by calls on marine band or VHF channel the District Commander. 13 or 16, upon approach to the following (d) Regulations—(1) Positive control for places: barges. (i) Except as provided in para- (i) Execution Rocks Light (USCG graph (d)(1)(iii) and paragraph 5 of this Light List No. [LLNR] 21440). section, each single hull tank barge, (ii) Matinecock Point Shoal Buoy unless being towed by a primary tow- (LLNR 21420). ing vessel with twin-screw propulsion (iii) 32A Buoy (LLNR 21380). and with a separate system for power (iv) Cable and Anchor Reef Buoy to each screw, must be accompanied by (LLNR 21330). an escort tug of sufficient capability to (v) Stratford Middle Ground Light promptly push or tow the tank barge (LLNR 21260).

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(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 (xi) PI Buoy (LLNR 21080). more than four hours may prepare a (xii) Race Rock Light (LLNR 19815). voyage plan that contains: (xiii) Valiant Rock Buoy (LLNR (A) The information described in 19825). paragraphs (d)(3)(iii)(D) and (E) of this (xiv) Approach to Point Judith in vi- section. cinity of Block Island ferry route. (B) Current weather conditions in- (xv) Buzzards Bay Entrance Light cluding visibility, wind, and sea state. (LLNR 630). This information may be entered in ei- (xvi) Buzzards Bay Midchannel Light- ther the voyage plan or towing vessel’s ed Buoy (LLNR 16055) log book. (xvii) Cleveland East Ledge Light (C) The channels of VHF radio to (LLNR 16085). monitor. (xviii) Hog Island buoys 1 (LLNR (D) Other considerations such as 16130) and 2 (LLNR 16135). availability of pilot, assist tug, berth, (xix) Approach to the Bourne Bridge. and line-handlers, depth of berth at (xx) Approach to the Sagamore mean low water, danger areas, and se- Bridge. curity calls. (xxi) Approach to the eastern en- (4) Navigation restriction areas. Unless trance of Cape Cod Canal. authorized by the cognizant COTP, no (3) Voyage planning. (i) Each owner or tank barge may operate in— operator of a towing vessel employed (i) The waters of Cape Cod Bay south to tow a tank barge shall prepare a of latitude 42°5′ North and east of lon- written voyage plan for each transit of gitude 70°25′ West; or the tank barge. (ii) The waters of Fishers Island (ii) The watch officer is authorized to Sound east of longitude 72°2′ West, and make modifications to the plan and west of longitude 71°55′ West. validate it as necessary. (5) Special Buzzards Bay regulations. (iii) Except as provided in paragraph (i) For the purposes of this section, (d)(3)(iv) of this section, each voyage ‘‘Buzzards Bay’’ is the body of water plan must contain: east and north of a line drawn from the (A) A description of the type, volume, southern tangent of Sakonnet Point, and grade of cargo. Rhode Island, in approximate position (B) Applicable information from nau- latitude 41°–27.2′ North, longitude 70°– tical charts and publications, including 11.7′ West, to the Buzzards Bay En- Coast Pilot, Coast Guard Light List, trance Light in approximate position and Coast Guard Local Notice to Mari- latitude 41°–23.5′ North, longitude 71°– ners, for the destination(s). 02.0′ West, and then to the south- (C) Current and forecasted weather, western tangent of Cuttyhunk Island, including visibility, wind, and sea state Massachusetts, at approximate posi- for the destination(s). tion latitude 41°–24.6′ North, longitude (D) Data on tides and tidal currents 70°–57.0′ West, and including all of the for the destination(s). Cape Cod Canal to its eastern entrance, (E) Forward and after drafts of the except that the area of New Bedford tank barge, and under-keel and vertical harbor within the confines (north) of clearances for each port and berthing the hurricane barrier, and the passages area. through the Elizabeth Islands, is not (F) Pre-departure checklists. considered to be ‘‘Buzzards Bay’’. (G) Calculated speed and estimated (ii) Additional positive control for times of arrival at proposed waypoints. barges. Except as provided in paragraph (H) Communication contacts at Ves- (d)(1)(iii) of this section, each single sel Traffic Service (VTS) (if applica- hull tank barge transiting Buzzards

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Bay and carrying 5,000 or more barrels arrangements. This requirement does of oil or other hazardous material not relieve a vessel of any duty pre- must, in addition to its primary tug, be scribed by the International Regula- accompanied by an escort tug of suffi- tions for Prevention of Collisions at cient capability to promptly push or Sea, 1972 (33 U.S.C. 1602(c)) or the In- tow the tank barge away from danger land Navigation Rules (33 U.S.C. 2005). of grounding or collision in the event (B) [Reserved] of— (e) In addition to the authority for (A) A propulsion failure; this part 165, this section is also au- (B) A parted tow line; thorized under authority of section 311, (C) A loss of tow; Pub. L. 105–383. (D) A fire; (E) Grounding; [CGD1–98–151, 63 FR 71770, Dec. 30, 1998, as amended by CGD01–98–151, 64 FR 12749, Mar. (F) A loss of steering; or 15, 1999; USCG–1999–5832, 64 FR 34715, June 29, (G) Any other time a vessel may be 1999; CGD01–98–151, 65 FR 35838, June 6, 2000; operating in a Hazardous Vessel Oper- CGD01–04–133, 72 FR 50058, Aug. 30, 2007; 72 ating Condition as defined in § 161.2 of FR 70780, Dec. 13, 2007; USCG–2008–0179, 73 FR this subchapter. 35016, June 19, 2008] (iii) Federal pilotage. Each single hull tank barge transiting Buzzards Bay § 165.101 Kittery, Maine—regulated and carrying 5,000 or more barrels of oil navigation area. or other hazardous material must be (a) The following is a regulated navi- under the direction and control of a gation area—Waters within the bound- pilot, who is not a member of the crew, aries of a line beginning at 43°04′50″ N, operating under a valid, appropriately 70°44′52″ W; then to 43°04′52″ N, 70°44′53″ endorsed, Federal first class pilot’s li- W; then to 43°04′59″ N, 70°44′46″ W; then cense issued by the Coast Guard (‘‘fed- to 43°05′05″ N, 70°44′32″ W; then to erally licensed pilot’’). Pilots are re- 43°05′03″ N, 70°44′30″ W; then to the be- quired to embark, direct, and control ginning point. from the primary tug during transits of (b) Regulations. No vessel may oper- Buzzards Bay. ate in this area at a speed in excess of (iv) In addition to the vessels denoted five miles per hour. in § 161.16 of this chapter, requirements set forth in subpart B of 33 CFR part § 165.102 Security Zone: Walkers Point, 161 also apply to any vessel transiting Kennebunkport ME. VMRS Buzzards Bay required to carry (a) Location. The following area is a a bridge-to-bridge radiotelephone by security zone: From point of land lo- part 26 of this chapter. cated on Cape Arundel at latitude (A) A VMRS Buzzards Bay user must: 43°20.4′ North, Iongitude 070°28.0′ West; (1) Not enter or get underway in the thence to a point approximately 500 area without first notifying the VMRS yards southwest of Walkers Point lo- Center; cated at latitude 43°20.2′ North, lon- (2) Not enter VMRS Buzzards Bay if a gitude 070°27.9′ West; thence to a point Hazardous Vessel Operating Condition located approximately 500 yards south or circumstance per § 161.2 of this Sub- of Walkers Point at latitude 43°20.1′ chapter exists; North, longitude 070°27.6′ West; thence (3) If towing astern, do so with as to a point located approximately short a hawser as safety and good sea- southeast of Walkers Point at latitude manship permits; 43°20.4′ North, longitude 070°27.2′ West; (4) Not meet, cross, or overtake any thence to an unnamed point of land lo- other VMRS user in the area without cated at 43°20.9′ North, longitude first notifying the VMRS center; 070°27.1′ West; thence along the shore- (5) Before meeting, crossing, or over- line of Walkers Point to the beginning taking any other VMRS user in the point. The aforementioned offshore po- area, communicate on the designated sitions are approximated by white vessel bridge-to-bridge radiotelephone buoys marked in orange indicating an frequency, intended navigation move- exclusionary area. ments, and any other information nec- (b) Regulations. (1) In accordance with essary in order to make safe passing the general regulations in § 165.33 of

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this part, entry into this zone is pro- zone, but must abide by restrictions hibited unless authorized by the Cap- imposed by the Captain of the Port. tain of the Port, Portland, Maine. Sec- (3) No person may swim upon or tion 165.33 also contained other general below the surface of the water within requirements. the boundaries of the safety and secu- (2) No person may swim upon or rity zones unless previously authorized below the surface of the water within by the Captain of the Port, Portland, the boundaries of this security zone. Maine or his authorized patrol rep- [CGDI 89–008, 54 FR 13883, Apr. 6, 1989] resentative. (d) The Captain of the Port will no- § 165.103 Safety and Security Zones; tify the maritime community and local LPG Vessel Transits in Portland, agencies of periods during which these Maine, Captain of the Port Zone, safety and security zones will be in ef- Portsmouth Harbor, Portsmouth, fect by providing notice of arrivals and New Hampshire. departures of LPG vessels via the tele- (a) Location. The following areas are phone and/or Marine Safety Informa- safety and security zones: (1) Except as tion Radio Broadcasts. provided in paragraph (a) (2) of this section, all navigable waters of the [CGD01–02–045, 67 FR 56487, Sept. 4, 2002] Portland, Maine, Captain of the Port zone, as defined in 33 CFR 3.05–15, one § 165.104 Safety Zone: Vessel Launches, Bath Iron Works, Ken- mile ahead, one half mile astern, and nebec River, Bath, Maine. 1000-yards on either side of any Lique- fied Petroleum Gas vessel. (a) Location. The following is a safety (2) All waters of the Piscataqua River zone: all waters of the Kennebec River within a 500-yard radius of any Lique- within a 150-yard radius of the Bath fied Petroleum Gas (LPG) vessel while Iron Works dry dock while it is being it is moored at the LPG receiving facil- moved to and from its moored position ity on the Piscataqua River, at the Bath Iron Works Facility in Newington, New Hampshire. Bath, Maine to a deployed position in (b) Definitions. For purposes of this the Kennebec River, and while launch- section, navigable waters of the United ing or recovering vessels. States includes all waters of the terri- (b) Regulations. (1) In accordance with torial sea as described in Presidential the general regulations in § 165.23 of Proclamation No. 5928 of December 27, this part, entry into or movement 1988. Presidential Proclamation No. within this zone is prohibited unless 5928 of December 27, 1988 declared that authorized by the Captain of the Port, the territorial sea of the United States Portland, Maine. extends to 12 nautical miles from the (2) All vessel operators shall comply baseline of the United States. with the instructions of the COTP or (c) Regulations. (1) In accordance with the designated on-scene U. S. Coast the general regulations in §§ 165.23 and Guard patrol personnel. On-scene Coast 165.33 of this part, entry into or move- Guard patrol personnel include com- ment within these zones is prohibited missioned, warrant and petty officers unless previously authorized by the Captain of the Port (COTP), Portland, of the Coast Guard on board Coast Maine. Guard, Coast Guard Auxiliary, local, (2) All persons and vessels shall com- state and federal law enforcement ves- ply with the instructions of the COTP sels. or the designated on-scene U.S. Coast (c) Notifications. The Captain of the Guard patrol personnel. On-scene Coast Port will notify the maritime commu- Guard patrol personnel include com- nity of periods during which this safety missioned, warrant, and petty officers zone will be in effect by providing ad- of the Coast Guard on board Coast vance notice via Marine Safety Infor- Guard, Coast Guard Auxiliary, and mation Radio Broadcasts. local, state, and federal law enforce- [CGD01–01–155, 67 FR 49582, July 31, 2002] ment vessels. Emergency response ves- sels are authorized to move within the

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§ 165.105 Security Zones; Passenger private agency to assist in the enforce- Vessels, Portland, Maine, Captain of ment of the regulation. the Port Zone. [CGD01–03–001, 68 FR 22305, Apr. 28, 2003] (a) Definition. ‘‘Passenger vessel’’ as used in this section means a passenger § 165.106 Security Zone: Seabrook Nu- vessel over 100 gross tons authorized to clear Power Plant, Seabrook, New carry more than 500 passengers for hire Hampshire. making voyages, any part of which is (a) Location. The following area is a on the high seas, and for which pas- security zone: All land and waters sengers are embarked, disembarked or within 250 yards of the waterside prop- pay a port call, in the Portland, Maine, erty boundary of Seabrook Nuclear Captain of the Port zone as delineated Power Plant identified as follows: be- in 33 CFR 3.05–15. ginning at position 42°53′58″ N, 070°51′06″ (b) Location. The following areas are W then running along the property security zones: boundaries of Seabrook Nuclear Power (1) All navigable waters within the Plant to position 42°53′46″ N, 070°51′06″ Portland, Maine, Captain of the Port W. All coordinates reference 1983 North Zone, extending from the surface to the American Datum (NAD 83). sea floor, within a 100-yard radius of (b) Regulations. (1) In accordance with any passenger vessel that is anchored, the general regulations in § 165.33 of moored, or in the process of mooring. this part, entry into or movement (2) All navigable waters, within the within this zone is prohibited unless authorized by the Captain of the Port, Portland, Maine, Captain of the Port Portland, Maine (COTP). Zone, extending from the surface to the (2) All persons and vessels shall com- sea floor, extending 200 yards ahead, ply with the instructions of the Coast and 100 yards aside and astern of any Guard Captain of the Port, Portland, passenger vessel that is underway. Maine or designated on-scene U.S. (c) Regulations. (1) In accordance with Coast Guard patrol personnel. On-scene the general regulations in § 165.33 of Coast Guard patrol personnel include this part, entry into or movement commissioned, warrant, and petty offi- within these zones is prohibited unless cers of the Coast Guard on board Coast previously authorized by the Coast Guard, Coast Guard Auxiliary, local, Guard Captain of the Port, Portland, state and federal law enforcement ves- Maine (COTP) or his designated rep- sels. resentative. (3) No person may swim upon or (2) All persons and vessels must com- below the surface of the water within ply with the instructions of the COTP the boundaries of this security zone. or the designated on-scene Coast Guard patrol personnel. On-scene Coast Guard [CGD01–02–092, 67 FR 64815, Oct. 22, 2002] patrol personnel include commissioned, § 165.110 Safety and Security Zone; warrant and petty officers of the Coast Liquefied Natural Gas Carrier Guard on board Coast Guard, Coast Transits and Anchorage Operations, Guard Auxiliary, and local, state and Boston, Massachusetts. federal law enforcement vessels. Emer- (a) Definitions. As used in this sec- gency response vessels are authorized tion— to move within the zone, but must Authorized representative means a abide by restrictions imposed by the Coast Guard commissioned, warrant, or COTP or his designated representative. petty officer or a Federal, State, or (3) No person may swim upon or local law enforcement officer des- below the surface of the water within ignated by or assisting the Captain of the boundaries of these security zones the Port (COTP) Boston. unless previously authorized by the Deepwater port means any facility or COTP or his designated representative. structure meeting the definition of (d) Enforcement. The Captain of the deepwater port in 33 CFR 148.5. Port will enforce these zones and may Support vessel means any vessel meet- enlist the aid and cooperation of any ing the definition of support vessel in Federal, state, county, municipal, or 33 CFR 148.5.

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(b) Location. The following areas are ply with the instructions of the COTP safety and security zones: or his/her authorized representative. (1) Vessels underway. All navigable [CGD01–02–023, 67 FR 63263, Oct. 11, 2002, as waters of the United States within the amended by USCG–2007–0087, 73 FR 34194, Captain of the Port (COTP) Boston June 17, 2008] zone, as defined in 33 CFR 3.05–10, two miles ahead and one mile astern, and § 165.111 Safety Zone: Boston Harbor, 500 yards on each side of any liquefied Boston, Massachusetts. natural gas carrier (LNGC) vessel while (a) The following areas are estab- underway. lished as safety zones during the condi- (2) Vessels anchored in the Broad tions specified: Sound. All waters within a 500-yard ra- (1) Around the U.S.S. Constitution or dius of any anchored LNGC vessel lo- any accompanying parade vessels when cated in the waters of Broad Sound Constitution is under way—300 yards in bounded by a line starting at position all directions in the waters around the 42 deg. 25′ N, 070 deg. 58′ W; then run- U.S.S. Constitution and each parade ves- ning southeast to position 42 deg. 22′ N, sel accompanying Constitution when- 070 deg. 56′ W; then running east to po- ever the U.S.S. Constitution is under- sition 42 deg. 22′ N, 070 deg. 50′ W; then way in Boston Harbor from the time running north to position 42 deg. 25′ N, such vessels depart their respective 070 deg. 50′ W; then running west back berths until the time they complete to the starting point (NAD 83). their transit and are safely moored. (2) Whenever Constitution is moored (3) Vessels moored at the Distrigas LNG at Pier 1, Charlestown Navy Yard—the facility. All waters within a 400-yard ra- waters between Hoosac Pier and Pier 1, dius of any LNGC vessel moored at the Charlestown Navy Yard, from the Distrigas LNG facility in Everett, MA. imaginary line connecting the outer (4) Vessels calling on a deepwater port. easternmost point protruding into Bos- All waters within a 500-meter radius of ton Harbor from Hoosac Pier to the any LNGC engaged in regasification or outer westernmost point protruding transfer, or otherwise moored, an- into Boston Harbor from Pier 1, chored, or affixed to a deepwater port Charlestown Navy Yard, extending in- listed in 33 CFR 150.490 and falling bound along the face of both piers to within the waters of the Boston COTP the landside points where both piers Zone, as defined in 33 CFR 3.05–10. end. (c) Regulations. (1) In accordance with (3) Around the U.S.S. Constitution— the general regulations in Sec. 165.23 fifty yards in all directions in the and Sec. 165.33 of this part, entry into waters around Constitution when the or movement within these zones is pro- vessel is moored at any Boston berth- hibited unless authorized by the Cap- ing location other than Pier 1, Charles- tain of the Port Boston, or his/her au- town Navy Yard. thorized representative. (b) The general regulations governing (2) No person or vessel may enter the safety zones as contained in 33 CFR waters within the boundaries of the 165.23 apply. safety and security zones described in [CGD1 91–109, 57 FR 30407, July 9, 1992] paragraph (b) of this section unless pre- viously authorized by the COTP Bos- § 165.112 Safety Zone: USS CASSIN ton, or his/her authorized representa- YOUNG, Boston, Massachusetts. tive. However, LNGCs and support ves- (a) Location. The following area is a sels, as defined in 33 CFR 148.5, oper- safety zone: ating in the vicinity of NEGDWP are Around the USS CASSIN YOUNG authorized to enter and move within (DD–793) and any accompanying parade such zones in the normal course of vessels when the USS CASSIN YOUNG their operations following the require- is underway. The zone extends 100 ments set forth in 33 CFR 150.340 and yards in all directions in the waters 150.345, respectively. around the USS CASSIN YOUNG and (3) All vessels operating within the accompanying parade vessels whenever safety and security zones described in the USS CASSIN YOUNG is underway paragraph (b) of this section must com- in Boston Harbor from the time the

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USS CASSIN YOUNG departs its berth from a point directly above the Ted until it is safely moored. Williams Tunnel. (b) Regulations. The general regula- (4) Sector four will go into effect 15 tions governing safety zones as con- minutes before the President, Vice tained in 33 CFR 165.23 apply. President, or visiting heads of foreign 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- rival/departure Logan International proaching within three hundred yards Airport, Boston, MA. in all directions from the designated 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 be activated in part, or in whole, upon Logan International Airport and any the request of the U.S. Secret Service. location in Boston Harbor. These zones are for the protection of (5) The activation of a particular sec- the President or Vice President of the tor of this security zone will be an- United States, as well as visiting heads nounced via Safety Marine Information of foreign states or foreign govern- Broadcasts and/or by locally issued no- ments arriving at, or departing from, tices. Logan International Airport and as de- (b) Regulations. (1) The general regu- termined by the transit route across lations covering security zones con- Boston Harbor. The security zone will tained in 33 CFR 165.33 apply. be as follows: (2) All persons and vessels shall com- (1) Sector one will go into effect 15 ply with the instructions of the Coast minutes prior to the scheduled landing Guard Captain of the Port or the des- or takeoff of the aircraft carrying ei- ignated on scene patrol personnel. ther the President, Vice President, or Coast Guard patrol personnel include visiting heads of foreign states or for- commissioned, warrant, and petty offi- eign governments at Logan Inter- cers of the Coast Guard. Upon being national Airport. Sector one will pre- hailed by a Coast Guard vessel via clude all vessels from approaching siren, radio, flashing light, or other within three hundred yards of the means, the operator of a vessel shall Logan International Airport shoreline, proceed as directed. bound on the west by a line drawn be- tween positions 42°22′45″ N., 071°01′05″ [CGD01–97–004, 63 FR 16117, Apr. 2, 1998] W. and 42°21′48″ N., 071°01′45″ W. (NAD) 1983). § 165.114 Safety and Security Zones: (2) Sector two will go into effect 15 Escorted Vessels—Boston Harbor, minutes before the vehicle carrying the Massachusetts. President, Vice President, or visiting (a) Location. The following waters heads of foreign states or foreign gov- within the Boston Captain of the Port ernments enters the Callahan Tunnel Zone, 1000 yards ahead and astern, and or Sumner Tunnel. Sector two may 100 yards on each side of any des- preclude vessels, as necessary, from en- ignated escorted vessel, are established tering an area of the main ship chan- as safety and security zones: All waters nel, Boston Inner Harbor; fifty yards in of Boston Inner Harbor, including the all directions from a point directly waters of the Mystic River, Chelsea above the Callahan Tunnel or Sumner River, and Reserved Channel west of a Tunnel. line running from Deer Island Light, at (3) Sector three will go into effect 15 position 42°20′25″ N, 070°57′15″ W, to minutes before the vehicle carrying the Long Island, at position 42°19′48″ N, President, Vice President, or visiting 070°57′15″ W, and west of the Long Is- heads of foreign states or foreign gov- land Bridge, running from Long Island ernments enters the Ted Williams Tun- to Moon Head. nel. Sector three may preclude vessels, (b) Escorted vessel definition. For the as necessary, from entering an area of purposes of this section, escorted ves- the main ship channel, Boston Inner sels operating in Boston Harbor include Harbor, fifty yards in all directions the following: Any vessels deemed to be

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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) missioned, warrant, and petty officers feet of the Coast Guard Integrated Sup- of the Coast Guard on board Coast port Command (ISC) Boston piers and; Guard, Coast Guard Auxiliary, local, (3) Salem Harbor. All waters of Salem state, and federal law enforcement ves- Harbor within a two-hundred and fifty sels. (250) yard radius of the center point of [CGD01–01–227, 67 FR 20912, Apr. 29, 2002, as the PG & E Power Plant Terminal amended by CGD01–01–227, 67 FR 63265, Oct. Wharf, Salem, MA, located at 42°31.33′ 11, 2002] N, 070°52.67′ W when a vessel is moored at this pier. All coordinates are North § 165.115 Safety and Security Zones; American Datum 1983. Pilgrim Nuclear Power Plant, Plym- (b) Regulations. (1) In accordance with outh, Massachusetts. the general regulations in § 165.23 and (a) Location. All waters of Cape Cod § 165.33 of this part, entry into or move- Bay and land adjacent to those waters ment within these zones is prohibited enclosed by a line beginning at position unless authorized by the Captain of the 41°56′59.3″ N, 070°34′58.5″ W; thence to Port Boston. 1°57′12.2″ N, 070°34′41.9″ W; thence to (2) All vessel operators shall comply 41°56′42.3″ N, 070°34′00.1″ W; thence to with the instructions of the Captain of 41°56′29.5″ N, 070°34′14.5″ W. the Port or the designated on-scene (b) Regulations. (1) In accordance with U.S. Coast Guard patrol personnel. On- the general regulations in §§ 165.23 and scene Coast Guard patrol personnel in- 165.33 of this part, entry into or move- clude commissioned, warrant, and ment within these zones is prohibited petty officers of the Coast Guard on unless authorized by the Captain of the board Coast Guard, Coast Guard Auxil- Port Boston. iary, local, state, and federal law en- (2) All vessel operators shall comply forcement vessels. with the instructions of the COTP or (3) No person may enter the waters or the designated on-scene U.S. Coast land area within the boundaries of the Guard patrol personnel. On-scene Coast safety and security zones unless pre- Guard patrol personnel include com- viously authorized by the Captain of missioned, warrant, and petty officers the Port, Boston or his authorized pa- of the Coast Guard on board Coast trol representative. Guard, Coast Guard Auxiliary, local, state, and federal law enforcement ves- [CGD01–02–016, 67 FR 45909, July 11, 2002, as sels. amended by USCG–2009–0416, 74 FR 27441, June 10, 2009] (3) No person may enter the waters or land area within the boundaries of the § 165.117 Regulated Navigation Areas, safety and security zones unless pre- Safety and Security Zones: Deep- viously authorized by the Captain of water Ports, First Coast Guard Dis- the Port, Boston or his authorized pa- trict. trol representative. (a) Location—(1) Regulated navigation [CGD01–02–002, 67 FR 37693, May 30, 2002, as areas. All waters within a 1,000 meter amended by USCG–2009–0311, 74 FR 50925, Oct. radius of the geographical positions set 2, 2009] forth in paragraph (a)(3) of this section

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are designated as regulated navigation (d) Regulations. (1) No vessel may an- areas. chor, engage in diving operations, or (2) Safety and security zones. All commercial fishing using nets, dredges, waters within a 500-meter radius of the traps (pots), or use of remotely oper- geographic positions set forth in para- ated vehicles (ROVs) in the regulated graph (a)(3) of this section are des- navigation areas set forth in paragraph ignated as safety and security zones. (a)(1) of this section. (3) Coordinates. (i) The geographic co- (2) In accordance with the general ordinates forming the loci for the regu- regulations in §§ 165.23 and 165.33 of this lated navigation areas, safety and secu- part, entry into or movement within rity zones for the Northeast Gateway the safety and security zones des- Deepwater Port are: 42°23′38″ N., ignated in paragraph (a)(2) of this sec- 070°35′31″ W.; and 42°23′56″ N., 070°37′00″ tion is prohibited unless authorized by W. (NAD 83). the COTP Boston, or his/her authorized (ii) The geographic coordinates form- representative. ing the loci for the regulated naviga- (3) Notwithstanding paragraph (d)(2) tion areas, safety, and security zones of this section, tankers and support for Neptune Deepwater Port are: vessels, as defined in 33 CFR 148.5, oper- 42°29′12.3″ N., 70°36′29.7″ W.; and ating in the vicinity of NEGDWP are 42°27′20.5″ N., 70°36′07.3″ W. (NAD 83). authorized to enter and move within (iii) [Reserved] such zones in the normal course of (b) Definitions. As used in this sec- their operations following the require- tion— ments set forth in 33 CFR 150.340 and Authorized representative means a 150.345, respectively. Coast Guard commissioned, warrant, or (4) All vessels operating within the petty officer or a Federal, State, or safety and security zones described in local law enforcement officer des- paragraph (a)(2) of this section must ignated by or assisting the Captain of comply with the instructions of the the Port (COTP) Boston. COTP or his/her authorized representa- Deepwater port means any facility or tive. structure meeting the definition of deepwater port in 33 CFR 148.5. [USCG–2007–0087, 73 FR 34194, June 17, 2008, as amended by USCG–2009–0589, 75 FR 51377, Dredge means fishing gear consisting Aug. 20, 2010; USCG–2014–0410, 79 FR 38442, of a mouth frame attached to a holding July 7, 2014] bag constructed of metal rings or mesh. § 165.118 Safety Zones; recurring an- Support vessel means any vessel meet- nual events held in Coast Guard ing the definition of support vessel in Sector Boston Captain of the Port 33 CFR 148.5. Zone. Trap means a portable, enclosed de- The Coast Guard is establishing safe- vice with one or more gates or en- ty zones for the events listed in Table trances and one or more lines attached 1 of this section. These regulations in to surface floats used for fishing. Also this section will be enforced for the du- called a pot. ration of each event, on or about the (c) Applicability. This section applies dates indicated in Table 1 of this sec- to all vessels operating in the regu- tion. Annual notice of the exact dates lated navigation areas set forth in and times of the effective period of the paragraph (a) of this section, except— regulations in this section with respect (1) Those vessels conducting cargo to each event, the geographical de- transfer operations with the deepwater scription of each regulated area, and ports whose coordinates are provided in details concerning the nature of the paragraph (a)(3) of this section, event and the number of participants (2) Support vessels operating in con- and type(s) of vessels involved will be junction therewith, and made to the local maritime community (3) Coast Guard vessels or other law through the Local Notice to Mariners enforcement vessels operated by or and/or Broadcast Notice to Mariners under the direction of an authorized well in advance of the events. If the representative of the COTP Boston. event does not have a date listed, then

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the exact dates and times of the en- movement of event participants or offi- forcement will be announced through a cial patrol vessels in the regulated Notice of Enforcement in the FEDERAL areas during the effective dates and REGISTER. Mariners should consult the times, or dates and times as modified FEDERAL REGISTER or their LNM to re- through the LNM, unless authorized by main apprised of minor schedule or an official patrol vessel. event changes. First Coast Guard Dis- (d) The Patrol Commander may con- trict LNM can be found at: http:// trol the movement of all vessels in the www.navcen.uscg.gov/. The Sector Bos- regulated area. When hailed or signaled ton Marine Events schedule can also be by an official patrol vessel, a vessel viewed electronically at: http:// www.homeport.uscg.mil. Although listed shall come to an immediate stop and in the Code of Federal Regulations, comply with the lawful directions sponsors of events listed in Table 1 of issued. Failure to comply with a lawful this section are still required to submit direction may result in expulsion from a marine event permit application each the area, citation for failure to comply, year in accordance with 33 CFR 100.15. or both. (a) The Coast Guard may patrol each (e) The Patrol Commander may delay event area under the direction of a des- or terminate any marine event in this ignated Coast Guard Patrol Com- subpart at any time it is deemed nec- mander. The Patrol Commander may essary to ensure the safety of life or be contacted on Channel 16 VHF–FM property. Such action may be justified (156.8 MHz) by the call sign as a result of weather, traffic density, ‘‘PATCOM.’’ Official patrol vessels spectator operation or participant be- may consist of any Coast Guard, Coast havior. Guard Auxiliary, state, or local law en- (f) For all fireworks displays listed forcement vessels assigned or approved below, the regulated area is that area by the Captain of the Port, Sector Bos- ton. of navigable waters within a 350-yard (b) Vessels may not transit the regu- radius of the launch platform or launch lated areas without Patrol Commander site for each fireworks display, unless approval. Vessels permitted to transit modified in the LNM at: http:// must operate at a no wake speed, in a www.navcen.uscg.gov/. manner which will not endanger par- (g) For all swimming events listed, ticipants or other crafts in the event. vessels not associated with the event (c) Spectators or other vessels shall shall maintain a distance of at least 100 not anchor, block, loiter, or impede the yards from the participants.

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 week- end 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 week- end 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.

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TABLE 1—Continued • 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. • Location: All waters of Manchester Bay within a 350-yard ra- dius 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 ra- dius 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.

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TABLE 1—Continued • Location: All waters of Manchester Bay within a 350-yard ra- dius 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 posi- tion 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 ra- dius 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 ra- dius 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. • Location: All waters of Broad Sound, within a 350-yard ra- dius 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.

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TABLE 1—Continued • 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. • 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.

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TABLE 1—Continued • 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 ra- dius 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. 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.

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TABLE 1—Continued 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 ra- dius 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. • Time: 10:00 a.m. to 11:00 a.m. • Location: All waters of Plymouth Inner Harbor within the fol- lowing 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 fol- lowing 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.

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TABLE 1—Continued • 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

§ 165.119 Safety Zone; Captain of the (3) Fan Pier Safety Zone. All U.S. nav- Port Boston Fireworks display igable waters of Boston inner Harbor zones, Boston Harbor, Boston, MA. within a 700-foot radius of the fire- (a) Boston Inner Harbor. The following works barge in approximate position areas are designated as safety zones: 42°21′23.2″ N 071°02′26″ W (NAD 1983), lo- (1) Charlestown Safety Zone. All U.S. cated off of the Fan Pier, South Bos- navigable waters of Boston inner Har- ton, MA. bor within a 700-foot radius of the fire- (4) Pier 6 Safety Zone. All U.S. navi- works barge in approximate position gable waters of Boston inner Harbor 42°22′12.7″ N 071°02′53″ W (NAD 1983), lo- within a 700-foot radius of the fire- cated off of Pier 5 Charlestown Navy works barge in approximate position Yard. 42°21′11.9″ N 071°02′1.3″ W (NAD 1983), lo- (2) Long Wharf Safety Zone. All U.S. cated off of Pier 6, South Boston, MA. navigable waters of Boston inner Har- (5) North Jetty Safety Zone. All U.S. bor within a 700-foot radius of the fire- navigable waters of Boston inner Har- works barge in approximate position bor within a 700-foot radius of the fire- 42°21′41.2″ N 071°02′36.5″ W (NAD 1983), works barge in approximate position located off of Long Wharf, Boston MA.

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42°21′01″ N 071°01′31.7″ W (NAD 1983), lo- (f) All persons and vessels permitted cated off of the North Jetty, South to enter one of these safety zones dur- Boston, MA. ing an enforcement period shall comply (6) Castle Island Safety Zone. All U.S. with the instructions of the COTP or navigable waters of Boston inner Har- the designated on-scene representative. bor within a 700-foot radius of the fire- Upon being hailed by a U.S. Coast works barge in approximate position Guard vessel by siren, radio, flashing 42°20′27.4″ N 071°00′28.1″ W (NAD 1983), light, or other means, the operator of a located off of the Castle Island, South vessel shall proceed as directed. Boston, MA. (g) Vessel operators desiring to enter (b) Notification. Coast Guard Sector or operate within a safety zone during Boston will use all appropriate means a period of enforcement shall contact to notify the public in advance of an the COTP or the designated on-scene 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 Bay, Rhode Island. their port and starboard side labeled ‘‘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 one and half inch wide red lettering on any high interest vessel while the ves- a white background. sel is anchored within 1⁄2 mile of the ° ′ ° ′ (c) Enforcement period. The Coast point Latitude 41 25 N, Longitude 71 23 Guard anticipates that these safety W in the Narragansett Bay Pre- zones will be enforced between 6:00 p.m. cautionary Area. (2) All waters of Rhode Island Sound, (e.s.t.) and 1:00 a.m. (e.s.t.). The exact Narragansett Bay, the Providence and dates and times will be published as de- Taunton Rivers 2 miles ahead and 1 scribed in paragraph (b) of this section. mile astern, and extending 1000 yards (d) Definitions. For purposes of this on either side of any high interest ves- section ‘‘Designated representative’’ is sel transiting Narragansett Bay, or the any Coast Guard commissioned, war- Providence and Taunton Rivers. rant, or petty officer who has been des- (3) All waters and land within a 1000- ignated by the Captain of the Port Bos- yard radius of any high interest vessel ton (COTP) to act on the COTP’s be- moored at a waterfront facility in the half. The designated representative Providence Captain of the Port zone. may be on an Official Patrol Vessel; Of- (b) High interest vessels defined. For ficial Patrol Vessel may consist of any purposes of this section, high interest Coast Guard, Coast Guard Auxiliary, vessels operating in the Providence state, or local law enforcement vessels Captain of the Port zone include the assigned or approved by the COTP or following: barges or ships carrying liq- the designated representative may be uefied petroleum gas (LPG), liquefied on shore and will communicate with natural gas (LNG), chlorine, anhydrous vessels via VHF–FM radio or ammonia, or any other cargo deemed loudhailer. In addition, members of the to be high interest by the Captain of Coast Guard Auxiliary may be present the Port, Providence. to inform vessel operators of this regu- (c) Regulations. (1) Entry into or lation. movement within these zones, includ- (e) No vessels, except for fireworks ing below the surface of the water, dur- barges and accompanying vessels, will ing times in which high interest vessels be allowed to enter into, transit are present and the zones are enforced through, or anchor within one of the is prohibited unless authorized by the aforementioned safety zones during an COTP Providence or authorized rep- enforcement period without the per- resentative. mission of the COTP or the designated (2) The general regulations covering representative. safety and security zones in §§ 165.23

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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 out- bound 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 north of the COLREGS demarcation (v) Abeam of position 41°43′01.4″ N; line and west of the Mt. Hope Bridge, 071°20′41.7″ W (Conimicut Light (LLNR and all of the navigable waters of the 18305)). Providence River from Conimicut (5) Vessels over 65 feet in length out- Point to the Providence hurricane bar- bound for sea down from Mount Hope rier. Bay through Narragansett Bay are re- (b) Regulations. (1) All commercial quired to make SECURITE calls on vessels must: VHF channels 13 and 16 at the fol- (i) Maintain a minimum 10% of the lowing geographic locations: vessel’s draft as an under-keel clear- (i) One-half hour prior to departure ance when not assisted by tugs, or from the berth; when not moored at an assigned berth. (ii) At departure from the berth; and Under-keel clearance is the minimum (iii) At position 41°39′32.4″ N;071°14′ clearance available between the deep- 02.6″ W (Mount Hope Bay Junction est point on the vessel and the bottom Lighted Gong Buoy ‘‘MH’’ (LLNR of the waterway, in calm water. 18790)). (ii) Have at least one mile of visi- (6) Vessels 65 feet and under in bility to transit the Providence River length, and all recreational vessels, between 41°43′01.4″ N; 071°20′41.7″ W when meeting deep draft commercial (Conimicut Light (LLNR 18305)) and vessel traffic in all locations within 41°47′38.8″ N; 071°22′46.7″ W (Channel this RNA shall keep out of the way of Light 42 (LLNR 18580)). the oncoming deep draft commercial (2) Vessels over 65 feet in length in- vessel. Nothing in this regulation, how- bound for berths in the Providence ever, relieves a vessel of any duty pre- River are required to make Safety Sig- scribed in the Inland Navigation Rules nal (SECURITE) calls on both VHF (set forth in 33 CFR Part 83. channels 13 and 16 at the following geo- (7) The Captain of the Port (COTP) graphic locations: Southeastern New England may au- (i) Pilot Boarding Area; thorize a deviation from these regula- (ii) Abeam of Castle Hill; tions. Parties wishing to request a de- (iii) Abeam of Sandy Point; viation must do so in advance by con- (iv) Abeam of 41°43′01.4″ N; 071°20′41.7″ tacting the COTP Southeastern New W (Conimicut Point Light (LLNR England, at 508–457–3211, or via VHF 18305)); Channel 13 (156.7 MHz), or VHF channel (v) Abeam of Sabin Point; and 16 (156.8 MHz). Any person or vessel re- (vi) Upon mooring. ceiving permission from the COTP to

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deviate from these regulations must the Southeastern New England COTP comply with any specific instructions zone. This zone will remain activated provided by the COTP. at all times while a cruise ship is with- (c) Enforcement. Violations of this in the navigable waters of the United RNA should be reported to the COTP States in the Sector Southeastern New Southeastern New England at 508–457– England COTP Zone. In addition, the 3211. Persons found in violation of Coast Guard may broadcast the area these regulations may be subject to designated as a security zone for the civil or criminal penalties as provided duration of the enforcement period via for in 33 U.S.C. 1232. Broadcast Notice to Mariners. [USCG–2009–0143, 75 FR 15347, Mar. 29, 2010, as (d) Regulations. (1) In accordance with amended by USCG–2014–0410, 79 FR 38442, the general regulations in 33 CFR part July 7, 2014] 165, subpart D, no person or vessel may enter or move within the security § 165.123 Cruise Ships, Sector South- zones created by this section unless eastern New England Captain of granted permission to do so by the the Port (COTP) Zone. COTP Southeastern New England or (a) Location. The following areas are the designated representative. security zones: All navigable waters (2) All persons and vessels granted within the Southeastern New England permission to enter a security zone Captain of the Port (COTP) Zone, ex- must comply with the instructions of tending from the surface to the sea the COTP or the designated representa- floor: tive. Emergency response vessels are (1) Within a 200-yard radius of any authorized to move within the zone, cruise ship that is underway and is but must abide by the restrictions im- under escort of U.S. Coast Guard law posed by the COTP or the designated enforcement personnel or designated representative. representative, or (3) No person may swim upon or (2) Within a 100-yard radius of any below the surface of the water within cruise ship that is anchored, at any the boundaries of these security zones berth or moored. unless previously authorized by the (b) Definitions. For the purposes of COTP or his designated representative. this section— (4) Upon being hailed by a U.S. Coast Cruise ship means a passenger vessel Guard vessel or the designated rep- as defined in 46 U.S.C. 2101(22), that is resentative, by siren, radio, flashing authorized to carry more than 400 pas- light or other means, the operator of sengers and is 200 or more feet in the vessel shall proceed as directed. length. A cruise ship under this section (5) Vessel operators desiring to enter will also include ferries as defined in 46 or operate within the security zone CFR 2.10–25 that are authorized to shall contact the COTP or the des- carry more than 400 passengers and are ignated representative via VHF chan- 200 feet or more in length. nel 16 or 508–457–3211 (Sector South- Designated representative means any eastern New England command center) Coast Guard commissioned, warrant, or to obtain permission to do so. petty officer who has been designated by the COTP to act on the COTP’s be- [USCG–2010–0803, 76 FR 41075, July 13, 2011] half. The designated representative may be on a Coast Guard vessel, or on- § 165.125 Regulated Navigation Area; board Federal, state, or a local agency EPA Superfund Site, New Bedford vessel that is authorized to act in sup- Harbor, Massachusetts. port of the Coast Guard. (a) Location. The regulated naviga- Southeastern New England COTP Zone tion area encompasses all waters is as defined in 33 CFR 3.05–20. bounded by a line beginning at (c) Enforcement. The security zones 41°37′22.5″ N, 070°54′34.1″ W; thence to described in this section will be acti- 41°37′14.4″ N, 070°54′19.6″ W; thence to vated and enforced upon entry of any 41°36′58.5″ N, 070°54′08.1″ W; thence to cruise ship into the navigable waters of 41°36′45.0″ N, 070°54′26.9″ W; thence along the United States (see 33 CFR 2.36(a) to the shoreline and south side of the hur- include the 12 NM territorial sea) in ricane barrier to the beginning point.

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(b) Regulations. (1) All vessels and N, 74°02′17.2″ W; then to 40°28′21.1″ N, persons are prohibited from activities 74°02′00″ W; then to 40°28′07.8″ N, that would disturb the seabed within 74°02′22″ W; then to 40°27′39.8″ N, the regulated navigation area, includ- 74°02′41.4″ W; then to the beginning. ing but not limited to anchoring, drag- (c) The following rules apply to the ging, trawling, and spudding. Vessels security zone established in paragraph may otherwise transit or navigate (b) of this section (Terminal Channel) within this area without reservation. instead of the rule in § 165.33(a): (2) The prohibition described in para- (1) No vessel shall anchor, stop, re- graph (b)(1) of this section shall not main or drift without power at any- apply to vessels or persons engaged in time in the security zone. activities associated with remediation (2) No vessel shall enter, cross, or efforts in the New Bedford Harbor otherwise navigate in the security zone Superfund Site, provided that the when a public vessel, or any other ves- Coast Guard Captain of the Port sel, that cannot safely navigate outside (COTP) Southeastern New England, is the Terminal Channel, is approaching given advance notice of those activities or leaving the Naval Ammunition by the U.S. Environmental Protection Depot Piers at Leonardo, New Jersey. Agency (EPA). (c) Waivers. The Captain of the Port (3) Vessels may enter or cross the se- (COTP) Southeastern New England curity zone, except as provided in para- may, in consultation with the U.S. graph (c)(2) of this section. EPA, authorize a waiver from this sec- (4) No person may swim in the secu- tion if he or she determines that the rity zone. proposed activity can be performed [CGD 77–118a, 42 FR 35784, July 11, 1977. Re- without undue risk to environmental designated by CGD 81–017, 46 FR 28154, May remediation efforts. Requests for waiv- 26, 1981, and CGD 87–008b, 52 FR 25218, July 6, ers should be submitted in writing to 1987; USCG–2007–0074, 74 FR 7191, Feb. 13, Commander, U.S. Coast Guard Sector 2009] Southeastern New England, 1 Little Harbor Road, Woods Hole, MA, 02543, § 165.141 Safety Zone: Sunken vessel with a copy to the U.S. Environmental EMPIRE KNIGHT, Boon Island, ME. Protection Agency, Region 1, New Bed- (a) Location. The following area is a ford Harbor Remedial Project Manager, safety zone: All waters of the Atlantic 5 Post Office Square, Suite 100 Ocean within a 1,000 yard radius of the (OSRR07), Boston, MA 02109, to facili- stern section of the sunken vessel EM- tate review by the EPA and U.S. Coast PIRE KNIGHT, in approximate posi- Guard. tion 43°06′19″ N, 70°27′09″ W, (NAD 1983) [USCG–2010–1119, 76 FR 35744, June 20, 2011] and extending from the water’s surface to the seabed floor. § 165.130 Sandy Hook Bay, New Jer- (b) Effective date. This section is ef- sey—security zone. fective on August 23, 1996, twenty-four (a) Naval Ammunition Depot Piers. The hours a day, seven days a week. navigable waters within the following (c) Regulations. (1) The general regu- boundaries are a security zone: A line lations contained in 33 CFR 165.23 beginning on the shore at 40°25′55.6″ N, apply. 074°04′31.4″ W; thence to 40°26′54.0″ N, (2) All vessels and persons are prohib- 074°03′53.0″ W; thence to 40°26′58.0″ N, ited from anchoring, diving, dredging, 074°04′03.0″ W; thence to 40°27′56.0″ N, dumping, fishing, trawling, laying 074°03′24.0″ W; thence to 40°27′28.5″ N, cable, or conducting salvage operations 074°02′10.4″ W; thence to 40°26′29.5″ N, in this zone except as authorized by the 074°02′51.2″ W; thence to 40°26′31.4″ N, Coast Guard Captain of the Port, Port- 074°02′55.4″ W; thence to 40°25′27.1″ N, land, Maine. Innocent transit through 074°03′39.7″ W; thence northwest along the area within the safety zone is not the shoreline to the beginning point. affected by this regulation and does (b) Terminal Channel. The waters not require the authorization of the within the following boundaries are a Captain of the Port. security zone—A line beginning at (3) All persons and vessels shall com- 40°27′41.2″ N, 74°02′46″ W; then to 40°28′27″ ply with the instructions of the COTP

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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 Pearl Harbor Memorial Bridge (I–95 (8) The Captain of the Port Sector Bridge) located within a line extending Long Island Sound (COTP) may issue from a point A at 41°17′50.35″ N, an authorization to deviate from any 072°54′34.37″ W (the southeast corner of regulation in paragraph (b) of this sec- the Magellan Pink Tanks Terminal tion if the COTP determines that an al- dock) thence along a line 126°T to point ternate operation can be done safely. B at 41°17′42.35″ N, 072°54′19.37″ W (the (9) The COTP may temporarily close southwest corner of the Gulf facility) the RNA for any situation the COTP thence north along the shoreline to determines would create an imminent point C at 41°17′57.35″ N, 072°54′04.37″ W hazard to waterway users in the RNA. (the northwest corner of the R & H Ter- Entry into the RNA during temporary minal dock) thence along a line 303°T closure is prohibited unless authorized to point D at 41°18′05.35″ N, 072°54′21.37″ by the COTP or the COTP’s designated W (the west bank of the mouth of the representative. The COTP or des- Mill River) thence south along the ignated representative may order the shoreline to point of origin. All coordi- removal of any vessel or equipment nates are North American Datum 1983. within the RNA. To assure wide ad- (b) Regulations. (1) No person may op- vance notice of each closure among af- erate a vessel or tow a barge in this fected mariners, the COTP may use Regulated Navigation Area in violation of these regulations. means including, but not limited to, (2) Applicability. The regulations Broadcast Notice to Mariners and apply to barges with a freeboard great- Local Notice to Mariners. The COTP er than ten feet and to any vessel tow- will announce the dates and times of ing or pushing these barges on out- the closure and whether exceptions will bound transits of the Tomlinson be authorized for emergency or other Bridge. specific vessel traffic. (3) Regulated barges may not transit [CGD 79–034, 47 FR 29660, July 8, 1982, as the bridge— amended by CGD 80–069, 47 FR 53368, Nov. 26, (i) During the period from one hour 1982. Redesignated by CGD 87–008b, 52 FR to five hours after high water slack, 25218, July 6, 1987, as amended by USCG–2012– (ii) When the wind speed at the 0343, 77 FR 67565, Nov. 13, 2012] bridge is greater than twenty knots, and § 165.151 Safety Zones; Fireworks Dis- (iii) With the barge being towed on a plays, Air Shows and Swim Events hawser, stern first. in the Captain of the Port Long Is- (4) Regulated barges with a beam land Sound Zone. greater than fifty feet must be pushed (a) Regulations. (1) The general regu- ahead through the bridge. lations contained in 33 CFR 165.23 as (5) If the tug operator does not have well as the following regulations apply a clear view over the barge when push- to the fireworks displays, air shows, ing ahead, the operator shall post a and swim events listed in Tables 1 and lookout on the barge with a means of communication with the operator. 2 to § 165.151.

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(2) These regulations will be enforced form vessel operators of this regula- for the duration of each event. Notifi- tion. cations will be made to the local mari- (2) Official patrol vessels. Official pa- time community through all appro- trol vessels may consist of any Coast priate means such as Local Notice to Guard, Coast Guard Auxiliary, state, or Mariners or Broadcast Notice to Mari- local law enforcement vessels assigned ners well in advance of the events. If or approved by the COTP. the event does not have a date listed, (3) Spectators. All persons and vessels then exact dates and times of the en- not registered with the event sponsor forcement period will be announced as participants or official patrol ves- through a Notice of Enforcement in the sels. FEDERAL REGISTER. Mariners should (c) Vessel operators desiring to enter consult the FEDERAL REGISTER or their or operate within the regulated areas Local Notice to Mariners to remain ap- should contact the COTP at 203–468– prised of schedule or event changes. 4401 (Sector LIS command center) or First Coast Guard District Local No- the designated representative via VHF tice to Mariners can be found at http:// channel 16 to obtain permission to do www.navcen.uscg.gov/. so. (3) Although listed in the Code of (d) Spectators or other vessels shall Federal Regulations, sponsors of events not anchor, block, loiter, or impede the listed in Tables 1 and 2 to § 165.151 are transit of event participants or official still required to submit marine event patrol vessels in the regulated areas applications in accordance with 33 CFR during the effective dates and times, or 100.15. Each application must: dates and times as modified through (i) Be submitted no less than 60 days the Local Notice to Mariners, unless before the date of the proposed event. authorized by COTP or designated rep- (ii) If the proposed event does not resentative. have a specified date the sponsor shall (e) Upon being hailed by a U.S. Coast hold the event during the month it is Guard vessel or the designated rep- listed in Tables 1 or 2 to § 165.151. resentative, by siren, radio, flashing (iii) For those proposed events listed light or other means, the operator of in Table 1 to § 165.151 to be held during the vessel shall proceed as directed. the month of July, the event may take Failure to comply with a lawful direc- place during the final seven days of tion may result in expulsion from the June. area, citation for failure to comply, or (iv) Any proposed event not being both. held on the specified date or within the (f) The COTP or designated rep- month listed in Tables 1 or 2 to § 165.151 resentative may delay or terminate shall be considered a new marine event any marine event in this subpart at and the sponsor shall submit a new ma- any time it is deemed necessary to en- rine event application in accordance sure the safety of life or property. with 33 CFR 100.15 no less than 135 days (g) The regulated area for all fire- before the start of the event. works displays listed in Table 1 to (b) Definitions. The following defini- § 165.151 is that area of navigable tions apply to this section: waters within a 1000 foot radius of the (1) Designated representative. A ‘‘des- launch platform or launch site for each ignated representative’’ is any Coast fireworks display, unless otherwise Guard commissioned, warrant or petty noted in Table 1 to § 165.151 or modified officer of the U.S. Coast Guard who has in USCG First District Local Notice to been designated by the Captain of the Mariners at: http://www.navcen.uscg.gov/ Port (COTP), Sector Long Island Sound . (LIS), to act on his or her behalf. The (h) The regulated area for all air designated representative may be on an shows is the entire geographic area de- official patrol vessel or may be on scribed as the location for that show shore and will communicate with ves- unless otherwise noted in Table 1 to sels via VHF–FM radio or loudhailer. § 165.151 or modified in USCG First Dis- In addition, members of the Coast trict Local Notice to Mariners at: Guard Auxiliary may be present to in- http://www.navcen.uscg.gov/.

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(i) Fireworks barges used in these lo- barge with a ‘‘FIREWORKS—STAY cations will also have a sign on their AWAY’’ sign on the port and starboard port and starboard side labeled ‘‘FIRE- side is on-scene or a ‘‘FIREWORKS— WORKS—STAY AWAY’’. This sign will STAY AWAY’’ sign is posted in a loca- consist of 10 inch high by 1.5 inch wide tion listed in Table 1 to § 165.151. red lettering on a white background. (j) For all swim events listed in Table Shore sites used in these locations will 2 to § 165.151, vessels not associated display a sign labeled ‘‘FIREWORKS— with the event shall maintain a separa- STAY AWAY’’ with the same dimen- tion of at least 100 yards from the par- sions. These zones will be enforced ticipants. from 8:30 p.m. to 10:30 p.m. each day a

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, 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, Bridgeport, CT in approximate posi- tion 41°10′35″ N., 073°10′58″ W. (NAD 83).

5 May

5.1 Jones Beach Air Show ...... • Date: The Thursday through Sunday before Memorial Day each May from 9:30 a.m. until 3:30 p.m. each day. • Location: Waters of the Atlantic Ocean off Jones Beach State Park, Wantagh, NY contained within the following de- scribed area; beginning in approximate position 40°34′54’’ N., 073°33′21’’ W., then running east along the shoreline of Jones Beach State Park to approximate position 40°35′53’’ N., 073°28′47’’ W.; then running south to a position in the At- lantic Ocean off of Jones Beach at approximate position 40°35′05’’ N., 073°28′34’’ W.; then running West to approxi- mate position 40°33′15’’ N., 073°33′09’’ W.; then running North to the point of origin.

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 ap- proximate 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 ap- proximate 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 ap- proximate 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 Hempstead, 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).

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TABLE 1 TO § 165.151—Continued 6.6 Bridgeport Bluefish June Fireworks ...... • Location: Waters of the Pequannock River’s Lower Reach surrounding Steel Point, Bridgeport, CT in approximate posi- tion 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 ap- proximate position, 41°04′50″ N., 073°23′22″ W. (NAD 83).

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

7.6 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 position, 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 approxi- mate 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, Middletown Har- bor, 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 ap- proximate 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, Stamford, 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 Bradley 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 Fest Fire- • Date: July 4. works. • 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 off 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. • Location: Waters of Jennings Beach, Fairfield, CT in approxi- mate 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 Umbrella Beach, Montauk, NY in ap- proximate 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 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 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 ap- proximate 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 ap- proximate position, 41°55′54.04″ N., 073°21′27.97″ W. (NAD 83).

7.25 Village of Port Jefferson Fourth of July Celebration Fire- • Date: July 4. works. • 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 Jefferson, NY in approximate position 40°57′10.11″ N., 073°04′28.01″ W. (NAD 83).

7.26 Village of Quoque Foundering Anniversary Fireworks ..... • Date: July 4. • Rain date: July 5. • Time: 8:30 p.m. to 10:30 p.m. • Location: Waters of Quantuck Bay, Quoque, NY in approxi- mate 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 Avenue, 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 London, 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 ap- proximate 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 ap- proximate 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 Island 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. • 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.

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TABLE 1 TO § 165.151—Continued • Location: Waters of Long Island Sound south of Bayley Beach Park, 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 1,500 feet west of the Niantic River Railroad Bridge, Niantic, CT in approximate po- sition 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 Snapper 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 4,000 feet southeast of Blue Point, NY in approximate posi- tion 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 3⁄4 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 Avenue, Hun- tington 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 Road, 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: Waters 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, Bridgeport, CT in approximate posi- tion 41°10′35″ N., 073°10′58″ W. (NAD 83).

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.

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TABLE 1 TO § 165.151—Continued • 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 Theater, 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, Bridgeport, CT in approximate posi- tion 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 ap- proximate 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 Fireworks ... • Location: Waters off Village of Island Park Fishing Pier, Vil- lage 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. • 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 Fireworks ...... • Date: A day during the last week of September or first week of October. • Location: Waters 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, Bridgeport, CT in approximate posi- tion 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 Novem- ber. • 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 Snapper 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. Janu- ary 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).

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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).

1.2 Huntington Bay Open Water Championships • Location: Waters of Huntington Bay, NY. In ap- Swim. proximate positions start/finish at approximate posi- tion 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 con- necting 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 con- necting 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.

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

• 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. • 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; USCG–2014–0410, 79 FR 38442, July 7, 2014]

§ 165.153 Regulated Navigation Area: (3) Operates on a short run on a fre- Long Island Sound Marine Inspec- quent schedule between two points tion and Captain of the Port Zone. over the most direct water route; and (a) Regulated Navigation Area location. (4) Offers a public service of a type All waters of the Long Island Sound normally attributed to a bridge or tun- Marine Inspection and Captain of the nel. Port (COTP) Zone, as delineated in 33 Public vessels means vessels owned or CFR 3.05–35, extending seaward 12 nau- bareboat chartered and operated by the tical miles from the territorial sea United States, or by a State or polit- baseline, are established as a regulated ical subdivision thereof, or by a foreign navigation area (RNA). nation, except when such vessel is en- (b) Applicability. This section applies gaged in commercial service. to all vessels operating within the RNA Territorial sea baseline means the line excluding public vessels. defining the shoreward extent of the (c) Definitions. The following defini- territorial sea of the United States tions apply to this section: drawn according to the principles, as recognized by the United States, of the Commercial service means any type of Convention on the Territorial Sea and trade or business involving the trans- the Contiguous Zone, 15 U.S.T. 1606, portation of goods or individuals, ex- and the 1982 United Nations Conven- cept service performed by a combatant tion on the Law of the Sea (UNCLOS), vessel. 21 I.L.M. 1261. Normally, the territorial Ferry means a vessel that: sea baseline is the mean low water line (1) Operates in other than ocean or along the coast of the United States. coastwise service; (d) Regulations. (1) Speed restrictions (2) Has provisions only for deck pas- in the vicinity of Naval Submarine sengers or vehicles, or both; Base New London and Lower Thames

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

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yard radius of any vessel engaged in at 41°20′16″ N, 72°04′47″ W; then running commercial service while that vessel is West to 41°20′16″ N, 72°04′57″ W; then transiting, moored, or berthed in any running North to 41°20′26″ N, 72°04′57″ portion of the Long Island Sound Ma- W; then Northwest to 41°20′28.7″ N, rine Inspection and COTP zone, with- 72°05′01.7″ W; then North-Northwest to out the express prior authorization of 41°20′53.3″ N, 72°05′04.8″ W; then North- the vessel’s operator, master, COTP, or Northeast to 41°21′02.9″ N, 72°05′04.9″ W; the designated COTP on-scene rep- then East to a point on shore at resentative. 41°21′02.9″ N, 72°04′58.2″ W (NAD 83). (8) Bridge foundations. Any vessel op- (ii) Application. Sections 165.33(a), (e), erating beneath a bridge must make a (f) shall not apply to public vessels or direct, immediate and expeditious pas- to vessels owned by, under hire to, or sage beneath the bridge while remain- performing work for the Electric Boat ing within the navigable channel. No Division when operating in the secu- vessel may stop, moor, anchor or loiter rity zone. beneath a bridge at any time. No vessel may approach within a 25-yard radius (3) Naval Submarine Base, Groton, of any bridge foundation, support, CT. All navigable waters of the Thames stanchion, pier or abutment except as River, from surface to bottom, West of required for the direct, immediate and the Groton Naval Submarine Base New expeditious transit beneath a bridge. London, enclosed by a line beginning at (9) This section does not relieve any a point on the shoreline at 41°23′15.8″ N, vessel from compliance with applicable 72°05′17.9″ W; then to 41°23′15.8″ N, navigation rules. 72°05′22″ W; then to 41°23′25.9″ N, 72°05′29.9″ W; then to 41°23′33.8″ N, [CGD01–02–104, 68 FR 48802, Aug. 15, 2003, as 72°05′34.7″ W; then to 41°23′37.0″ N, amended by USCG–2006–24371, 74 FR 11213, ° ′ ″ ° ′ ″ Mar. 16, 2009] 72 05 38.0 W; then to 41 23 41.0 N, 72°05′40.3″ W; then to 41°23′47.2″ N, § 165.154 Safety and Security Zones; 72°05′42.3″ W; then to 41°23′53.8″ N, Captain of the Port Long Island 72°05′43.7″ W; then to 41°23′59.8″ N, Sound Zone Safety and Security 72°05′43.0″ W; then to 41°24′12.4″ N, Zones. 72°05′43.2″ W; then to a point on the The following areas are designated shoreline at 41°24′14.4″ N, 72°05′38″ W; safety and security zones: then along the shoreline to the point of (a) Security zones. (1) Dominion Mill- beginning (NAD 83). stone Nuclear Power Plant, Waterford, (4) U.S. Coast Guard Academy, New CT. London, CT. (i) All navigable waters of Long Is- (i) Location. All navigable waters of land Sound, from surface to bottom, the Thames River, from surface to bot- North and Northeast of a line running tom, in a 500-yard radius from Jacobs from Bay Point, at approximate posi- ° ′ ″ ° ′ ″ ° ′ ″ Rock, approximate position 41 22 22 N, tion 41 18 34.20 N, 072 10 24.60 W, to 072°05′40″ W (NAD 83). Millstone Point at approximate posi- (ii) Enforcement period. This rule will tion 41°18′15.00″ N, 072°9′57.60″ W (NAD be enforced during visits by high-rank- 83). (ii) All navigable waters of Long Is- ing officials and times of heighted se- land Sound, from surface to bottom, curity. West of a line starting at 41°18′42″ N, (iii) Notification. The Captain of the 072°09′39″ W, running south to the East- Port will notify the maritime commu- ern most point of Fox Island at approx- nity of periods during which this secu- imate position 41°18′24.11″ N, rity zone will be enforced by all appro- 072°09′39.73″ W (NAD 83). priate means such as Local Notice to (2) Electric Boat Shipyard, Groton, Mariners, Marine Safety Information CT. Radio Broadcasts or on scene notice. (i) Location. All navigable waters of (5) U.S. Coast Guard Vessels, Long Is- the Thames River, from surface to bot- land Sound COTP Zone. All navigable tom, West of the Electric Boat Cor- waters within a 100-yard radius of any poration Shipyard enclosed by a line anchored U.S. Coast Guard vessel. For beginning at a point on the shoreline the purposes of this section, U.S. Coast

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Guard vessels includes any commis- tor Long Island Sound at 203–468–4401, sioned vessel or small boat in the serv- or via VHF Channel 16. ice of the regular U.S. Coast Guard and [USCG–2008–0384, 77 FR 6961, Feb. 10, 2012] does not include Coast Guard Auxiliary vessels. § 165.156 Regulated Navigation Area: (b) Safety zones. (1) Coast Guard Sta- East Rockaway Inlet to Atlantic tion Fire Island, Long Island, NY. All Beach Bridge, Nassau County, Long waters of Fire Island Inlet from the Island, New York. shore out to a line beginning at a point (a) Location. The following area is a on shore at 40°37′31.4″ N, 073°15′41.1″ W; Regulated Navigation Area: All waters then North to 40°37′35.6″ N, 073°15′43.1″ of East Rockaway Inlet in an area W; then East to 40°37′36.7″ N, 073°15′39.8″ bounded by lines drawn from position W; then East to 40°37′37.8″ N, 073°15′36.6″ 40°34′56″ N, 073°45′19″ W, (approximate W; then East to 40°37′41.1″ N, 073°15′33.5″ position of Silver Point breakwater W; then Southeast to 40°37′39.7″ N, buoy, LLNR 31500) running north to a 073°15′27.0″ W; then Southeast to point of land on the northwest side of ° ′ ″ 40°37′37.5″ N, 073°15′22.1″ W; then South- the inlet at position 40 35 28 N, 073°46′12″ W, thence easterly along the east to 40°37′37.6″ N, 073°15′19.1″ W; then shore to the east side of the Atlantic Southeast to point on shore at Beach Bridge, State Route 878, over 40°37′33.9″ N, 073°15′20.8″ W (NAD 83). East Rockaway Inlet, thence across the (2) [Reserved] bridge to the south side of East Rock- (c) Regulations. (1) The general regu- away Inlet, thence westerly along the lations contained in § 165.23 and § 165.33 shore and across the water to the be- of this part apply. Entering into, re- ginning. maining within or cause an article or (b) Regulations. (1) The general regu- thing to enter into or remain within lations contained in 33 CFR 165.10, these safety and security zones is pro- 165.11, and 165.13 apply. hibited unless authorized by the Cap- (2) In accordance with the general tain of the Port or a designated rep- regulations, the following regulations resentative. apply to vessels carrying petroleum (2) These safety and security zones products in excess of 250 barrels: are closed to all vessel traffic, except (i) The vessel must have plans in as may be permitted by the Captain of place to maintain a minimum of two the Port (COTP) or a designated rep- feet under keel clearance at all times. resentative. Vessel operators given per- (ii) A vessel requiring a nighttime mission to enter or operate in the secu- transit through East Rockaway Inlet rity zones must comply with all direc- may only do so only after receiving ap- tions given to them by the COTP or the proval from the Captain of the Port designated representative. Long Island Sound. (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.

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(2) An application for a waiver must (2) Official patrol vessels. Official pa- state the need for the waiver and de- trol vessels may consist of any Coast scribe the proposed vessel operations Guard, Coast Guard Auxiliary, state, or through the Regulated Navigation local law enforcement vessels assigned Area. or approved by the COTP. (3) Spectators. All persons and vessels [USCG–2008–0085, 74 FR 57887, Nov. 10, 2009] not registered with the event sponsor as participants or official patrol ves- § 165.160 Safety Zones; fireworks dis- plays and swim events in Coast sels. Guard Captain of the Port New (b) Vessel operators desiring to enter York Zone. or operate within the regulated areas shall contact the COTP or the des- (a) Regulations. The general regula- ignated representative via VHF chan- tions contained in 33 CFR 165.23 as well nel 16 or (718) 354–4353 (Sector New as the following regulations apply to York command center) to obtain per- the fireworks displays and swim events mission to do so. listed in Tables 1 and 2 to § 165.160. (c) Spectators or other vessels shall These regulations will be enforced for not anchor, block, loiter, or impede the the duration of each event. Notifica- transit of event participants or official tions will be made to the local mari- patrol vessels in the regulated areas time community through the Local No- during the effective dates and times, or tice to Mariners and Broadcast Notice dates and times as modified through to Mariners well in advance of the the Local Notice to Mariners, unless events. If the event does not have a authorized by COTP or designated rep- date listed, then exact dates and times resentative. of the enforcement period will be an- (d) Upon being hailed by a U.S. Coast nounced through a Notice of Enforce- Guard vessel or the designated rep- ment in the FEDERAL REGISTER. Mari- resentative, by siren, radio, flashing ners should consult the FEDERAL REG- light or other means, the operator of ISTER or their Local Notice to Mariners the vessel shall proceed as directed. to remain apprised of schedule or event Failure to comply with a lawful direc- changes. First Coast Guard District tion may result in expulsion from the Local Notice to Mariners can be found area, citation for failure to comply, or at http://www.navcen.uscg.gov/. The Cap- both. tain of the Port Sector New York Ma- (e) The COTP or designated rep- rine Events schedule can also be viewed resentative may delay or terminate electronically at any marine event in this subpart at www.homeport.uscg.mil/newyork. Al- any time it is deemed necessary to en- though listed in the Code of Federal sure the safety of life or property. Regulations, sponsors of events listed (f) The regulated area for all fire- in Tables 1 and 2 to § 165.160 are still re- works displays listed in Table 1 to quired to submit marine event applica- § 165.160 is that area of navigable tions in accordance with 33 CFR 100.15. waters within a 360 yard radius of the (b) Definitions. The following defini- launch platform or launch site for each tions apply to this section: fireworks display, unless otherwise (1) Designated representative. A ‘‘des- noted in TABLE 1 to § 165.160 or modi- ignated representative’’ is any Coast fied in USCG First District Local No- Guard commissioned, warrant or petty tice to Mariners at: http:// officer of the U.S. Coast Guard who has www.navcen.uscg.gov/. been designated by the Captain of the (g) Fireworks barges used in these lo- Port, Sector New York (COTP), to act cations will also have a sign on their on his or her behalf. The designated port and starboard side labeled ‘‘Fire- representative may be on an official works—Stay Away’’. This sign will patrol vessel or may be on shore and consist of 10 inch high by 1.5 inch wide will communicate with vessels via red lettering on a white background. VHF–FM radio or loudhailer. In addi- Shore sites used in these locations will tion, members of the Coast Guard Aux- display a sign labeled ‘‘Fireworks— iliary may be present to inform vessel Stay Away’’ with the same dimensions. operators of this regulation. These zones will be enforced from 6

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p.m. (E.S.T.) to 1 a.m. (E.S.T.) each day (h) For all swim events listed in a barge with a ‘‘Fireworks—Stay Table 2 to § 165.160, vessels not associ- Away’’ sign on the port and starboard ated with the event shall maintain a side is on-scene or a ‘‘Fireworks—Stay separation of at least 100 yards from Away’’ sign is posted in a location list- the participants. ed in TABLE 1 to § 165.160.

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. • Location: All waters of the Hudson River bounded by a line drawn east from approxi- mate position 40°46′35.43″ N, 074°00′37.53″ W in New Jersey, to approxi- mate position 40°46′16.98″ N, 073°59′52.34″ W in New York, thence south along the Manhattan shoreline to approxi- mate 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 approxi- mate 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 ra- dius 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.

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TABLE 1 TO § 165.160—Continued 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.

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 ra- dius 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.

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TABLE 1 TO § 165.160—Continued 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

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 ra- dius 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 ap- proximate position 40°52′10″ N 073°47′07″ W (NAD 1983). This Safety Zone is a 200- yard radius from the launch site.

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TABLE 1 TO § 165.160—Continued 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), ap- proximately 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 ra- dius from the barge.

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 vicin- ity 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

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TABLE 1 TO § 165.160—Continued 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.

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.

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TABLE 1 TO § 165.160—Continued 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.

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.

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TABLE 1 TO § 165.160—Continued 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

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 ra- dius 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.

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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.

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. • Date: 2nd weekend in September. • Location: Participants will cross the Hudson River in the vicinity of Nyack, New York be- tween 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 vicin- ity 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.

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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.

4.0 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. • 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 nually from 8 a.m. until 5 p.m. on the York/New Jersey Fleet Week. Wednesday before Memorial Day. (a) The following areas are estab- (2) Safety Zone B—(i) Location. A safe- lished as safety zones: ty zone including all waters of the Hud- (1) Safety Zone A—(i) Location. A mov- son River between Piers 83 and 90, Man- ing safety zone for the Parade of Ships hattan, from the parade column east to including all waters 500 yards ahead the Manhattan shoreline. and astern, and 200 yards of each side (ii) Enforcement period. Paragraph of the designated column of parade ves- (a)(2)(i) of this section is enforced an- sels as it transits the Port of New York nually from 8 a.m. until 5 p.m. on the and New Jersey from the Verrazano Wednesday before Memorial Day. Narrows Bridge to Riverside State (3) Safety Zone C—(i) Location. A mov- Park on the Hudson River between ing safety zone including all waters of West 137th and West 144th Streets, the Hudson River within a 200-yard ra- Manhattan. dius of each parade vessel upon its (ii) Enforcement period. Paragraph leaving the parade of ships until it is (a)(1)(i) of this section is enforced an- safely berthed.

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(ii) Enforcement period. Paragraph § 165.164 Security Zones; Dignitary Ar- (a)(3)(i) of this section is enforced an- rival/Departure and United Nations nually from 8 a.m. until 5 p.m. on the Meetings, New York, NY. Wednesday before Memorial Day. (a) Location. The following areas are (4) Safety Zone D—(i) Location. A safe- security zones: ty zone including all waters of the Hud- (1) Wall Street Heliport. All waters of son River bound by the following the East River within the following points: from the southeast corner of boundaries: East of a line drawn be- Pier 90, Manhattan, where it intersects tween approximate position 40°42′01″ N, the seawall, west to approximate posi- 074°00′39″ W (east of The Battery) to tion 40°46′10″ N 074°00′13″ W (NAD 1983), 40°41′36″ N, 074°00′52″ W (point north of south to approximate position 40°45′54″ Governors Island) and north of a line N 074°00′25″ W (NAD 1983), then east to drawn from the point north of Gov- the northeast corner of Pier 83 where it ernors Island to the southwest corner intersects the seawall. of Pier 7 North, Brooklyn; and south of (ii) Enforcement period. Paragraph a line drawn between 40°42′14.8″ N, (a)(4)(i) of this section is enforced an- 074°00′20.3″ W (Wall Street, Manhattan), nually from 10 a.m. until 5 p.m., from and the northwest corner of Pier 2 Friday through Monday, Memorial Day North, Brooklyn (NAD 1983). weekend. (2) Randalls and Wards Islands: All (5) Safety Zone E—(i) Location. A mov- waters of the East River between the ing safety zone including all waters 500 Hell Gate Rail Road Bridge (mile 8.2), yards ahead and astern, and 200 yards and a line drawn from a point at ap- on each side of the departing U.S. Navy proximate position 40°47′27.12″ N, Aircraft or Helicopter Carrier as it 073°54′35.14″ W (Lawrence Point, transits the Port of New York and New Queens) to a point at approximate posi- Jersey from its mooring at the Intrepid tion 40°47′52.55″ N, 073°54′35.25″ W (Port Sea, Air and Space Museum, Manhat- Morris Stacks), and all waters of the tan, to the COLREGS Demarcation line Bronx Kill southeast of the Bronx Kill at Ambrose Channel Entrance Lighted Rail Road Bridge (mile 0.6) (NAD 1983). Bell Buoy 2 (LLNR 34805). (3) Marine Air Terminal, LaGuardia (ii) Enforcement period. Paragraph Airport Security Zone: All waters of (a)(5)(i) of this section is enforced an- Bowery Bay, Queens, New York, south nually on the Wednesday following Me- of a line drawn from the western end of morial Day. Departure time is depend- LaGuardia Airport at approximate po- ent on tide, weather, and granting of sition 40°46′47″ N, 073°53′05″ W to the authority for departure by the Captain Rikers Island Bridge at approximate of the Port, New York. position 40°46′51″ N, 073°53′21″ W and (b) Effective period. This section is ef- east of a line drawn between the point fective annually from 8 a.m. on the at the Rikers Island Bridge to a point Wednesday before Memorial Day until on the shore in Queens, New York, at ° ′ ″ 4 p.m. on the Wednesday following Me- approximate position 40 46 36 N, ° ′ ″ morial Day. 073 53 31 W (NAD 1983). (c) Regulations. (1) The general regu- (4) United Nations Manhattan Shore- line. All waters of the East River bound lations contained in 33 CFR 165.23 ° ′ ″ apply. by the following points: 40 44 37 N, 073°58′16.5″ W (the base of East 35th (2) All persons and vessels shall com- Street, Manhattan), then east to ply with the instructions of the Coast 40°44′34.5″ N, 073°58′10.5″ W (about 180 Guard Captain of the Port or the des- yards offshore of Manhattan), then ignated on-scene-patrol personnel. northeasterly to 40°45′29″ N, 073°57′26.5″ these personnel comprise commis- W (about 125 yards offshore of Manhat- sioned, warrant, and petty officers of tan at the Queensboro Bridge), then the Coast Guard. Upon being hailed by northwesterly to 40°45′31″ N, 073°57′30.5″ a U. S. Coast Guard vessel by siren, W (Manhattan shoreline at the radio, flashing light, or other means, Queensboro Bridge), then southerly the operator of a vessel shall proceed along the shoreline to the starting as directed. point at 40°44′37″ N, 073°58′16.5″ W (NAD [CGD1–98–170, 64 FR 24946, May 10, 1999] 1983).

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(5) United Nations West Channel Clo- York City police) by siren, radio, flash- sure. All waters of the East River north ing lights, or other means, the operator of a line drawn from approximate posi- of a vessel must proceed as directed, tion 40°44′37″ N, 073°58′16.5″ W (the base and follow any instructions to anchor of East 35th Street, Manhattan), to ap- or moor up to a waterfront facility. proximate position 40°44′31.04″ N, (d) Enforcement periods. The security 073°58′03.10″ W (approximately 400 yards zone described in paragraph (a)(4) of east of the Manhattan shoreline), all this section is subject to enforcement waters west of a line drawn from ap- at all times. All other security zones proximate position 40°44′31.04″ N, established by this section will only be 073°58′03.10″ W (approximately 400 yards enforced when necessary to protect dig- east of the Manhattan shoreline), to nitaries as determined by the COTP. the southern tip of Roosevelt Island at (e) Notification. Because the security approximate position 40°44′57.96″ N, ° ′ ″ zone described in paragraph (a)(4) of 073 57 41.57 W, then along the western this section is subject to enforcement shoreline of Roosevelt Island to the at all times, the Coast Guard will not Queensboro Bridge, and all waters necessarily take any action to further south of the Queensboro Bridge (NAD notify the public about the enforce- 1983). ment of that zone. As for the enforce- (6) United Nations Full River Closure. ment periods for the other security All waters of the East River north of a line drawn from approximate position zones contained herein, the Coast 40°44′37″ N, 073°58′16.5″ W (the base of Guard will rely on the methods de- East 35th Street, Manhattan), to ap- scribed in 33 CFR 165.7 to notify the proximate position 40°44′23″ N, public of the time and duration of any 073°57′44.5″ W (Hunters Point, Long Is- enforcement period. The COTP may land City), and south of the Queensboro also notify the public about enforce- Bridge (NAD 1983). ment of these security zones via http:// (b) Definitions. homeport.uscg.mil/newyork. As used in this section— (f) Contact information. Vessel opera- Designated representative means any tors desiring to enter or operate within Coast Guard commissioned, warrant, or a security zone shall telephone the petty officer who has been designated COTP at 718–354–4356 or a designated by the COTP to act on the COTP’s be- representative via VHF channel 16 to half. A designated representative may obtain permission to do so. be on a Coast Guard vessel, or onboard [USCG–2013–1009, 79 FR 78308, Dec. 30, 2014] a federal, state, or local agency vessel that is authorized to act in support of § 165.165 Regulated Navigation Area; the Coast Guard. Hudson River South of the Troy Dignitary means the President or Locks, NY. Vice President of the United States, or (a) Regulated navigation area. All nav- visiting heads of foreign states or gov- igable waters of the Hudson River ernments. south of the Troy Locks. (c) Regulations. In accordance with the general regulations in 33 CFR (b) Definitions. The following defini- 165.33, no person or vessel may enter or tions apply to this section: move within a security zone created by (1) Designated representative means this section while that security zone is any Coast Guard commissioned, war- being enforced unless granted permis- rant, or petty officer, or a Federal, sion to do so by the Coast Guard’s First State, or local law enforcement officer District Commander, the COTP, or a designated by or assisting the Captain designated representative. Vessel oper- of the Port (COTP) New York. ators and persons given permission to (2) Horsepower (HP) means the total enter or operate in a security zone maximum continuous shaft horsepower must comply with all directions given of all the vessel’s main propulsion ma- to them by the COTP, or a designated chinery. representative. Upon being hailed by a (c) Applicability. This section applies U.S. Coast Guard or other duly author- to tugs with less than 3,000 horsepower ized law enforcement vessel (e.g., New when engaged in towing operations.

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(d) Regulations. (1) Except as provided Manhattan through the southern point in paragraph (c)(3) of this section, ves- of Roosevelt Island to 46 Road, Queens; sels less than 3,000 horsepower while and all waters of Newtown Creek west engaged in towing operations are not of the Pulaski Bascule Bridge. authorized to transit that portion of (b) Activation period. This section is the Hudson River south of the Troy activated annually from 6:30 p.m. until Locks when ice thickness on average is 11:30 p.m. on July 4th. If the event is eight inches or greater. cancelled due to inclement weather (2) All Coast Guard assets enforcing then this section is in effect from 6:30 this Regulated Navigation Area can be p.m. until 11:30 p.m. on July 5th. contacted on VHF marine band radio, (c) Regulations. (1) The general regu- channel 13 or 16. The COTP can be con- lations contained in 33 CFR 165.23 tacted at (718) 354–4356, and the public apply. may contact the COTP to suggest (2) No vessels, except the Staten Is- changes or improvements in the terms of this Regulated Navigation Area. land Ferries, will be allowed to transit (3) All persons desiring to transit the safety zone without the permission through a portion of the regulated area of the Captain of the Port, New York. that has operating restrictions in ef- (3) All persons and vessels shall com- fect must contact the COTP at tele- ply with the instructions of the Coast phone number (718) 354–4356 or on VHF Guard Captain of the Port or the des- channel 13 or 16 to seek permission ignated on-scene patrol personnel. prior to transiting the affected regu- These personnel comprise commis- lated area. sioned, warrant, and petty officers of (4) The COTP will notify the public of the Coast Guard. Upon being hailed by any changes in the status of this Regu- a U.S. Coast Guard vessel by siren, lated Navigation Area by Marine Safe- radio, flashing light, or other means, ty Information Broadcast on VHF–FM the operator of a vessel shall proceed marine band radio, channel 22A (157.1 as directed. MHZ). (4) Vessels equal to or greater than 20 meters (65.6 feet) in length, carrying [USCG–2010–0794, 76 FR 8656, Feb. 15, 2011] persons for the purpose of viewing the § 165.166 Safety Zone: Macy’s July 4th fireworks, may take position in an area Fireworks, East River, NY. inside the safety zone, at least 200 (a) Regulated area. The following area yards off the bulkhead on the west is a safety zone: All waters of the bank and just off the pierhead faces on Upper New York Bay south of a line the east bank of the East River be- drawn from Pier A (Fireboat Station tween the Williamsburg Bridge and Pier), Battery Park City, in approxi- North 9th Street, Brooklyn. This area mate position 40°42′15.4″ N 074°01′06.8″ W is bound by the following points: ° ′ ″ ° ′ ″ (NAD 1983) to the easternmost corner 40 42 45.5 N 073 58 07.4 W; thence to ° ′ ″ ° ′ ″ of the Ellis Island Security Zone, in ap- 40 42 50.4 N 073 58 23.2 W; thence to ° ′ ″ ° ′ ″ proximate position 40°41′57.6″ N 40 43 23.1 N 073 58 12.7 W; thence to ° ′ ″ ° ′ ″ 074°02′06.7″ W (NAD 1983); north of a line 40 43 21.5 N 073 57 45.7 W; (NAD 1983) drawn from Pier 7, Jersey City, NJ, in thence back to the point of beginning. approximate position 40°41′26.4″ N All vessels must be in this location by 074°03′17.3″ W (NAD 1983) to Liberty Is- 6:30 p.m. (e.s.t.) the day of the event. land Lighted Gong Buoy 29 (LLNR [CGD01–00–242, 66 FR 20405, Apr. 23, 2001, as 34995), in approximate position amended by CGD01–05–017, 70 FR 35536, June 40°41′02.2″ N 074°02′24.7″ W (NAD 1983), 21, 2005] on to Governor’s Island Extension Light (LLNR 35000), in approximate po- § 165.169 Safety and Security Zones: sition 40°41′08.3″ N 074°01′35.4″ W (NAD New York Marine Inspection Zone 1983); all waters of the East River north and Captain of the Port Zone. of a line drawn from Governors Island, (a) Safety and security zones. The fol- in approximate position 40°41′25.3″ N lowing waters within the New York 074°00′42.5″ W (NAD 1983) to the south- Marine Inspection Zone and Captain of west corner of Pier 9A, Brooklyn; south the Port Zone are safety and security of a line drawn from East 47th Street, zones:

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(1) Indian Point Nuclear Power Station or via fax to (718) 354–4125 or by con- (IPNPS). All waters of the Hudson tacting the Sector Command Center River within a 300-yard radius of the Duty Officer by phone at: (718) 354–4353. IPNPS pier in approximate position (C) Vessels may transit through any 41°16′12.4″ N, 073°57′16.2″ W (NAD 83). portion of the zone that extends into (2) U.S. Coast Guard Cutters and Shore the navigable channel for the sole pur- Facilities. All waters within 100 yards pose of direct and expeditious transit of: Each moored, or anchored, Coast so long as they remain within the navi- Guard Cutter; Coast Guard Station gable channel, maintain the maximum New York, Staten Island, NY; Coast safe distance from the Part 105 facility, Guard Station Sandy Hook, NJ; Coast and do not stop or loiter within the Guard Station Kings Point, NY; and zone. Coast Guard Aids to Navigation Team (4) Liberty and Ellis Islands. All waters New York, Bayonne, NJ. within 150 yards of Liberty Island, Ellis (3) Part 105 Facilities—(i) Definition. Island, and the bridge between Liberty For the purposes of this section, Part State Park and Ellis Island. 105 Facility means any facility subject (5) Bridge Piers and Abutments, Over- to the regulations contained in 33 CFR head Power Cable Towers, Piers and Tun- part 105, including those designated as nel Ventilators. All waters within 25 ‘‘Public Access Facilities’’ as defined yards of any bridge pier or abutment, in 33 CFR 101.105. For public identifica- overhead power cable tower, pier or tion purposes, all of these facilities are tunnel ventilators south of the Troy, required to have signs posted along the NY Locks. Vessels may transit through shoreline, facing the water, indicating any portion of the zone that extends that there is a 25 yard waterfront secu- into the navigable channel for the sole rity zone surrounding the facilities. purpose of direct and expeditious tran- (ii) Location. All waters within 25 sit through the zone so long as they re- yards of each Part 105 Facility. When a main within the navigable channel, barge, ferry, or other commercial ves- maintain the maximum safe distance sel is conducting transfer operations at from the waterfront facility and do not a Part 105 Facility, the 25-yard zone is stop or loiter within the zone. measured from the outboard side of the (6) New York City Passenger Ship Ter- commercial vessel. minal, Hudson River, NY—(i) Location. (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

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Captain of the Port, a designated rep- 073°53′07.3″ W, thence to 40°46′53.0″ N, resentative or designated on-scene pa- 073°52′50.9″ W, thence to 40°46′57.6″ N, trol personnel. Persons seeking Cap- 073°52′47.9″ W, thence to 40°47′11.8″ N, tain of the Port permission to enter 073°53′17.3″ W, thence to 40°47′13.0″ N, within the zone described in paragraph 073°53′16.1″ W on Rikers Island, thence (a)(6) of this section for official busi- easterly along the Rikers Island shore- ness other than authorized passenger, line to approximate position 40°47′12.9″ cargo, provision, facility maintenance N, 073°52′17.9″ W, thence to 40°47′16.7″ N, or inspection, bunker transfer oper- 073°52′09.2″ W, thence to 40°47′36.1″ N, ations or authorized docking or 073°51′52.5″ W, thence to 40°47′35.1″ N, undocking operations may request 073°51′50.5″ W, thence to 40°47′15.9″ N, such authorization by contacting: 073°52′06.4″ W, thence to 40°47′14.5″ N, Commander Coast Guard Sector New 073°52′03.1″ W, thence to 40°47′07.9″ N, York, via the Sector Command Center 073°52′09.2″ W, thence to 40°47′01.4″ N, (SCC), at: 212 Coast Guard Drive, Stat- 073°52′06.1″ W, thence to 40°46′50.0″ N, en Island, NY 10305, or via fax to (718) 073°52′14.6″ W, thence to 40°46′22.2″ N, 354–4125 or by contacting the Sector 073°51′16.0″ W, thence to 40°45′57.2″ N, Command Center Duty Officer by 073°51′01.8″ W, thence to 40°45′52.4″ N, phone at: (718) 354–4353. 073°51′00.2″ W, thence to 40°45′50.6″ N, (7) La Guardia Airport, Bowery and 073°51′07.9″ W, thence to 40°45′58.8″ N, Flushing Bays, Queens, NY. (i) Location: 073°51′13.2″ W, thence to 40°46′04.0″ N, 200-Yard Zone. All waters of Bowery 073°51′23.3″ W, thence to 40°45′51.2″ N, and Flushing Bays within approxi- 073°51′38.8″ W, (NAD 1983) thence along mately 200 yards of La Guardia Airport the shoreline to the point of origin. bound by the following points: Onshore (iii) Enforcement period. The zones de- at Steinway, Queens, in approximate scribed in paragraph (a)(7) of this sec- position 40°46′32.1″ N, 073°53′22.4″ W, tion will be effective at all times. When thence to 40°46′52.8″ N, 073°53′09.3″ W, port security conditions permit, the thence to 40°46′54.8″ N, 073°52′54.2″ W, Captain of the Port will allow vessels thence to 40°46′59.3″ N, 073°52′51.3″ W, to operate within that portion of the thence to 40°47′11.8″ N, 073°53′17.3″ W, waters described in paragraph (a)(7)(i) thence to 40°47′13.0″ N, 073°53′16.1″ W on that lies outside of the waters de- Rikers Island, thence easterly along scribed in paragraph (a)(7)(ii). Author- 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,

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073°47′32.6″ W, thence to 40°37′46.1″ N, following points: Onshore in approxi- 073°47′07.2″ W, thence to 40°37′19.5″ N, mate position 40°51′30.4″ N, 073°48′14.9″ 073°47′30.4″ W, thence to 40°37′05.5″ N, W, thence to 40°51′29.9″ N, 073°48′20.7″ W, 073°47′03.0″ W, thence to 40°37′34.7″ N, thence to 40°51′16.9″ N, 073°48′22.5″ W, 073°46′40.6″ W, thence to 40°37′20.5″ N, thence to 40°51′07.5″ N, 073°48′18.7″ W, 073°46′23.5″ W, thence to 40°37′05.7″ N, thence to 40°50′54.2″ N, 073°48′11.1″ W, 073°46′34.9″ W, thence to 40°36′54.8″ N, thence to 40°50′48.5″ N, 073°48′04.6″ W, 073°46′26.7″ W, thence to 40°37′14.1″ N, thence to 40°50′49.2″ N, 073°47′56.5″ W, 073°46′10.8″ W, thence to 40°37′36.9″ N, thence to 40°51′03.6″ N, 073°47′47.3″ W, 073°45′52.8″ W, thence to 40°38′00.8″ N, thence to 40°51′15.7″ N, 073°47′46.8″ W, 073°44′54.9″ W, thence to 40°38′05.1″ N, thence to 40°51′23.5″ N, 073°47′41.9″ W, 073°45′00.3″ W, (NAD 1983) thence along (NAD 1983) thence southwesterly along the shoreline to the point of origin. the shoreline to the point of origin. (iv) Location: 100-Yard Zone. All (ii) Location: 100-Yard Zone. All waters of Jamaica Bay within approxi- waters of Eastchester Bay within ap- mately 100 yards of John F. Kennedy proximately 100 yards of Rodman Neck Airport bound by the following points: bound by the following points: Onshore Onshore east of Bergen Basin, Queens, in approximate position 40°51′30.4″ N, in approximate position 40°38′49.0″ N, 073°48′14.9″ W, thence to 40°51′30.1″ N, 073°49′09.1″ W, thence to 40°38′45.1″ N, 073°48′19.0″ W, thence to 40°51′16.8″ N, 073°49′11.6″ W, thence to 40°38′02.0″ N, 073°48′20.5″ W, thence to 40°51′07.9″ N, 073°47′31.8″ W, thence to 40°37′52.3″ N, 073°48′16.8″ W, thence to 40°50′54.9″ N, 073°47′55.0″ W, thence to 40°37′50.3″ N, 073°48′09.0″ W, thence to 40°50′49.7″ N, 073°47′53.5″ W, thence to 40°38′00.8″ N, 073°48′03.6″ W, thence to 40°50′50.1″ N, 073°47′29.4″ W, thence to 40°37′47.4″ N, 073°47′57.9″ W, thence to 40°51′04.6″ N, 073°47′02.4″ W, thence to 40°37′19.9″ N, 073°47′48.9″ W, thence to 40°51′15.9″ N, 073°47′25.0″ W, thence to 40°37′10.0″ N, 073°47′48.4″ W, thence to 40°51′23.5″ N, 073°47′03.7″ W, thence to 40°37′37.7″ N, 073°47′41.9″ W, (NAD 1983) thence south- 073°46′41.2″ W, thence to 40°37′22.6″ N, westerly along the shoreline to the 073°46′21.9″ W, thence to 40°37′05.7″ N, point of origin. 073°46′34.9″ W, thence to 40°36′54.8″ N, (iii) Enforcement period. The zones de- 073°46′26.7″ W, thence to 40°37′14.1″ N, scribed in paragraph (a)(9) of this sec- 073°46′10.8″ W, thence to 40°37′40.0″ N, tion will be effective at all times. When 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 de- scribed 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

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40°39′21.5″ N, 074°09′54.3″ W, (NAD 1983) to include the 12 NM territorial sea) in thence northerly along the shoreline to the New York Captain of the Port Zone the point of origin. (33 CFR 3.05–30). The LHG Vessel will (11) Global Marine Terminal, Upper be identifiable by the requirement to New York Bay. All waters of Upper New fly the Bravo flag (red international York Bay between the Global Marine signal flag under Pub. 102, Inter- and Military Ocean Terminals, west of national Code of Signals) from the out- the New Jersey Pierhead Channel. ermost halyard (above the pilot house) (12) Approaches to New York, Atlantic where it can most easily be seen. In ad- Ocean—(i) Location: All waters of the dition to visual identification of the Atlantic Ocean between the Ambrose LHG Vessel, the Captain of the Port to Hudson Canyon Traffic Lane and the will notify the maritime community of Barnegat to Ambrose Traffic Lane periods during which this zone will be bound by the following points: enforced by methods in accordance 40°21′29.9″ N, 073°44′41.0″ W, thence to with 33 CFR 165.7. 40°21′04.5″ N, 073°45′31.4″ W, thence to (14) Cruise ships—(i) Definition. For 40°15′28.3″ N, 073°44′13.8″ W, thence to the purposes of this section, cruise ship 40°15′35.4″ N, 073°43′29.8″ W, thence to means a passenger vessel as defined in 40°19′21.2″ N, 073°42′53.0″ W, (NAD 1983) 46 U.S.C. 2101(22), that is authorized to thence to the point of origin. carry more than 400 passengers and is (ii) Enforcement period. Enforcement 200 or more feet in length. A cruise ship periods for the zone in paragraph (a)(12) under this section will also include fer- of this section will be announced ries as defined in 46 CFR 2.10–25 that through marine information broadcast are authorized to carry more than 400 or other appropriate method of commu- passengers and are 200 feet or more in nication and the zone is activated length. whenever a vessel is anchored in the (ii) Location. All waters within a 100- area described in paragraph (a)(12)(i) or yard radius of any Cruise ship whether a Coast Guard patrol vessel is on-scene. underway, anchored, or at berth. (iii) Regulations. (A) The area de- scribed in paragraph (a)(12) of this sec- (iii) Enforcement period. The zone de- tion is not a Federal Anchorage scribed in paragraph (a)(14) of this sec- Ground. Only vessels directed by the tion will be activated upon entry of Captain of the Port or his or her des- any cruise ship into the navigable ignated representative to enter this waters of the United States (see 33 CFR zone are authorized to anchor here. 2.36(a) to include the 12 NM territorial (B) Vessels do not need permission sea) in the New York Captain of the from the Captain of the Port to transit Port Zone (33 CFR 3.05–30). This zone the area described in paragraph (a)(12) will remain activated at all times of this section during periods when while the cruise ship is within the nav- that security zone is not being en- igable waters of the United States in forced. the New York Captain of the Port (13) Liquefied Hazardous Gas (LHG) Zone. Vessels—(i) Definitions. For the purposes (15) Designated Vessels—(i) Definition. of this section, LHG Vessel means any For the purposes of this section, Des- vessel constructed or converted to ignated Vessels are vessels carrying gov- carry, in bulk, any of the flammable or ernment officials, dignitaries, or other toxic products listed in 33 CFR 127.005, passengers requiring protection by the Table 127.005. U.S. Secret Service, or other Federal, (ii) Location. All waters within a 200- State or local law enforcement agency; yard radius of any LHG Vessel that is barges or ships carrying petroleum underway and all waters within a 100- products, chemicals, or other haz- yard radius of any LHG Vessel that is ardous cargo; and passenger vessels (as moored or at anchor. defined in 46 U.S.C. 2101(22)), that are (iii) Enforcement period. The zone de- authorized to carry more than 400 pas- scribed in paragraph (a)(13) of this sec- sengers and are less than 200 feet in tion will be activated upon entry of a length. LHG Vessel into the navigable waters (ii) Location. All waters within a 100- of the United States (see 33 CFR 2.36(a) yard radius of any Designated Vessel.

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(iii) Enforcement period. The zone de- the Port, a designated representative scribed in paragraph (a)(15) of this sec- or designated on-scene patrol per- tion will be activated upon entry of sonnel. any Designated Vessel into the navi- (B) Persons seeking Captain of the gable waters of the United States (see Port permission to enter within a par- 33 CFR 2.36(a) to include the 12 NM ter- ticular zone for official business other ritorial sea) in the New York Captain than authorized passenger, cargo, pro- of the Port Zone (33 CFR 3.05–30). This vision, facility maintenance or inspec- zone will remain activated at all times tion, bunker transfer operations or au- while the Designated Vessel is within thorized docking or undocking oper- the navigable waters of the United ations may request such authorization States in the New York Captain of the by contacting: Commander Coast Port Zone. The Designated Vessels, in- Guard Sector New York, via the Sector cluding ships and barges carrying pe- Command Center (SCC), at: 212 Coast troleum products, chemicals, or other Guard Drive, Staten Island, NY 10305, hazardous cargo will be recognized by or via fax to (718) 354–4125 or by con- the requirement to fly the Bravo flag tacting the Sector Command Center (red international signal flag under Duty Officer by phone at: (718) 354–4353. Pub 102, International Code of Signals (17) Waterfront heliports—(i) Location. from the outermost halyard (above the All waters of the East River within 25 pilot house) where it can most easily yards of the East 34th Street and Wall be seen. Vessels that are constrained Street Heliports, and all waters of the by their draft from leaving the channel Hudson River within 25 yards of the may transit through the zone for the West 30th Street Heliport and the Jer- sole purpose of direct and expeditious sey City/Newport Helistop, areas of transit so long as they remain within land or water under and in immediate the navigable channel, maintain the proximity to them; buildings on such maximum possible safe distance from structures or contiguous to them; and the Designated Vessel, and do not stop equipment and materials on such or loiter within the zone. Designated structures and in such buildings. When Vessels carrying government officials, a barge, ferry, or other commercial dignitaries, or other passengers requir- vessel is conducting transfer oper- ing protection, and passenger vessels ations at a waterfront heliport, the 25- 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 tion without the express permission of waters of the Hudson River within 25 the Coast Guard Captain of the Port, a yards of the 134th Street Pipeline Me- designated representative, or des- tering and Regulating Station. ignated on-scene patrol personnel. (ii) Regulations. (A) Vessels not ac- (B) Persons seeking Captain of the tively engaged in facility maintenance Port permission to enter within a par- or inspection operations authorized in ticular zone for official business other advance by the Pipeline Security Offi- than authorized passenger, cargo, pro- cer or designated representative, or au- vision, facility maintenance or inspec- thorized docking or undocking oper- tion, bunker transfer operations or au- ations, must not enter within any part thorized docking or undocking oper- of a zone described in paragraph (a)(16) ations may request such authorization of this section without the express per- by contacting: Commander Coast mission of the Coast Guard Captain of Guard Sector New York, via the Sector

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Command Center (SCC), at: 212 Coast with vessels via VHF–FM radio or Guard Drive, Staten Island, NY 10305, loudhailer. or via fax to (718) 354–4125 or by con- (2) ‘‘Official patrol vessel’’ means any tacting the Sector Command Center Coast Guard, Coast Guard Auxiliary, Duty Officer by phone at: (718) 354–4353. Army Corp of Engineers, state, or local (C) Vessels entering or departing the law enforcement vessels assigned or ap- marina north of the Newport Helistop proved by the COTP. are authorized to transit through the (c) Regulations. (1) The general regu- safety/security zone around the New- lations in 33 CFR 165.23 apply. port Helistop during their transit, pro- (2) Entry, transit, diving, dredging, vided that helicopters are not taking dumping, fishing, trawling, conducting off or landing. No loitering or unneces- salvage operations, remaining or an- sary delay is authorized during these choring within the safety zone de- transits. scribed in paragraph (a) of this section (b) Regulations. (1) Entry into or re- is prohibited unless authorized by the maining in a safety or security zone is COTP. prohibited unless authorized by the (3) Upon being hailed by a U.S. Coast Coast Guard Captain of the Port, New Guard vessel, U.S. Army Corps of Engi- York. neers vessel or a designated representa- (2) Persons desiring to transit the tive, by siren, radio, flashing light, or area of a safety or security zone may other means, the operator of a vessel contact the Captain of the Port at tele- shall proceed as directed. phone number 718–354–4088 or on VHF (4) Vessel operators desiring to enter, channel 14 (156.7 MHz) or VHF channel transit, dive, dredge, dump, fish, trawl, 16 (156.8 MHz) to seek permission to conduct salvage operations, remain transit the area. If permission is grant- within or anchor within the safety zone ed, all persons and vessels must comply must contact the COTP or a designated with the instructions of the Captain of representative via VHF channel 16 or the Port or his or her designated rep- by phone at (718) 354–4353 (Sector New resentative. York Command Center) to request per- mission. [CGD01–02–132, 68 FR 2890, Jan. 22, 2003, as (5) Vessel operators given permission amended by CGD01–03–036, 69 FR 2670, Jan. 20, 2004; CGD01–03–020, 69 FR 23306, June 15, 2004; to enter or operate in the safety zone USCG–2008–0179, 73 FR 35017, June 19, 2008; must comply with all directions given USCG–2007–0074, 74 FR 7191, Feb. 13, 2009] to them by the COTP or a designated representative. § 165.170 Safety Zone; Military Muni- tions Recovery, Raritan River, Rari- [USCG–2012–1045, 79 FR 20794, Apr. 14, 2014] tan, NJ. § 165.171 Safety Zones for fireworks (a) Location. The following area is a displays and swim events held in safety zone: All navigable waters of the Coast Guard Sector Northern New Raritan River upstream of the Perth England Captain of the Port Zone. Amboy Railroad Bridge, which spans The Coast Guard is establishing safe- the waterway at approximately ty zones for the fireworks displays list- 40°29′46.3″ N, 74°16′51.5″ W. ed in the Table to § 165.171. These regu- (b) Definitions. The following defini- lations will be enforced for the dura- tions apply to this section: tion of each event, on or about the (1) ‘‘Designated representative’’ dates indicated in the Table to § 165.171. means any U.S. Army Corps of Engi- Mariners should consult their Local neers personnel, any commissioned, Notice to Mariners to remain apprised warrant, or petty officer of the U.S. of the specific calendar date upon Coast Guard, and any member of the which the listed event falls for each Coast Guard Auxiliary who has been calendar year and other specific infor- designated by the Captain of the Port mation concerning the event. First New York (COTP), to act on his or her Coast Guard District Local Notice to behalf. As a designated representative, Mariners can be found at: http:// the U.S. Army Corps of Engineers offi- www.navcen.uscg.gov/. The Sector cial patrol vessel will communicate Northern New England Marine Events

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schedule can also be viewed electroni- through the Local Notice to Mariners, cally at www.homeport.uscg.mil. unless authorized by an official patrol vessel. NOTE TO INTRODUCTORY TEXT OF § 165.171: Although listed in the Code of Federal Regu- (d) The Patrol Commander may con- lations, sponsors of events listed in the Table trol the movement of all vessels in the to § 165.171 shall submit an application each regulated area. When hailed or signaled year in accordance with 33 CFR 100.15. by an official patrol vessel, a vessel (a) The Coast Guard may patrol each shall come to an immediate stop and event area under the direction of a des- comply with the lawful directions ignated Coast Guard Patrol Com- issued. Failure to comply with a lawful mander. The Patrol Commander may direction may result in expulsion from be contacted on Channel 16 VHF–FM the area, citation for failure to comply, (156.8 MHz) by the call sign or both. ‘‘PATCOM.’’ The ‘‘official patrol ves- (e) The Patrol Commander may delay sels’’ may consist of any Coast Guard, or terminate any event in this subpart Coast Guard Auxiliary, state, or local at any time to assure safety. Such ac- law enforcement vessels assigned or ap- tion may be justified as a result of proved by the Captain of the Port, Sec- weather, traffic density, spectator op- tor Northern New England. eration or participant behavior. (b) Vessels may not transit the regu- (f) For all swim events listed, vessels lated areas without Patrol Commander not associated with the event shall approval. Vessels permitted to transit maintain a separation zone of 200 feet must operate at a no wake speed, in a from participating swimmers. manner which will not endanger par- (g) For all fireworks displays listed ticipants or other crafts in the event. below, the regulated area is that area (c) Spectators or other vessels shall of navigable waters within a 350 yard not anchor, block, loiter, or impede the radius of the launch platform or launch movement of event participants or offi- site for each fireworks display. cial patrol vessels in the regulated (h) The specific calendar date upon areas during the effective dates and which the listed event falls will be pub- times, or dates and times as modified lished in the FEDERAL REGISTER.

TABLE TO § 165.171

5.0 MAY

5.1 Ride into Summer ...... • 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 Waterfront, 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 Waterfront, 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.

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TABLE TO § 165.171—Continued • Location: In the vicinity of McFarland Island, Boothbay Har- bor, Maine in approximate position: 43°50′38″ N, 069°37′57″ W (NAD 83).

7.0 JULY

7.1 Vinalhaven 4th of July Fireworks ...... • Event Type: Firework 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: Firework 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 Burlington 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 Com- merce. • 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 approxi- mate 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 Waterfront, 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 Commerce. • 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 Har- bor, 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 Har- bor, Maine in approximate position: 43°50′38″ N, 069°37′57″ W (NAD 83).

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.

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TABLE TO § 165.171—Continued • 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 Fireworks ...... • Event Type: Fireworks Display. • 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: 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 Recreation, 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 Commerce. • 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).

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TABLE TO § 165.171—Continued 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.

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 Port- land, Maine within the following points (NAD 83): 43°39′20″ N, 070°11′58″ W. 43°39′45″ N, 070°13′19″ W. 43°40′11″ N, 070°14′13″ W. 43°40′08″ N, 070°14′29″ W. 43°40′00″ N, 070°14′23″ W. 43°39′34″ N, 070°13′31″ W. 43°39′13″ N, 070°11′59″ W.

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.*

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TABLE TO § 165.171—Continued • 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.

7.28 Paul Coulombe Anniversary Fireworks ...... • Event Type: Fireworks Display. • Sponsor: Paul Coulombe • Date: A one day event in July.* • Time: 8:00 p.m. to 11:30 p.m. • Location: Pratt Island, Southport, Maine, in approximate po- sition: 43°48′44″ N, 069°41′11″ W (NAD83).

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 Island and Sprucewold Beach in Boothbay Harbor, Maine within the following points (NAD 83): 43°50′37″ N, 069°36′23″ W. 43°50′37″ N, 069°36′59″ W. 43°50′16″ N, 069°36′46″ W. 43°50′22″ N, 069°36′21″ W.

8.2 Westerlund’s Landing Party Fireworks ...... • Event Type: Fireworks Display. • Sponsor: Portside Marina. • Date: A one day event in August.* • Time (Approximate): 8:00 p.m. to 10:30 p.m. • 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.

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TABLE TO § 165.171—Continued • Location: The regulated area includes all waters of Rockland Harbor, Maine in the vicinity of Jameson Point within the fol- lowing 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. • 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.

8.8 Islesboro Crossing Swim ...... • Event Type: Swim Event. • Sponsor: Lifeflight Foundation. • Date: A one day event in August.* • Time: (Approximate): 6:00 a.m. to 11:00 a.m. • Location: West Penobscot Bay from Ducktrap Beach, Lincolnville, Maine to Grindel Point, Islesboro, Maine, in ap- proximate position: 44°17′44″ N, 069°00′11″ W. 44°16′58″ N, 068°56′35″ 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 vicin- ity of Winslow Park in South Freeport, Maine within the fol- lowing 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.

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TABLE TO § 165.171—Continued • Location: In the vicinity of Eliot Town Boat Launch, Eliot, Maine in approximate position: 43°08′56″ N, 070°49′52″ W (NAD 83).

9.5 Lake Champlain Swimming Race ...... • Event Type: Swim Event. • Sponsor: Christopher Lizzaraque. • Date: A one day event in September. • Time (Approximate): 9:00 a.m. to 3 p.m. • Location: Essex Beggs Point Park, Essex, New York, to Charlotte Beach, Charlotte, Vermont. 44°18′32″ N, 073°20′52″ W. 44°20′03″ N, 073°16′53″ W. * 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; USCG–2014–0865, 80 FR 27093, May 12, 2015]

§ 165.172 Safety Zone; Underwater § 165.173 Safety Zones for annually re- Hazard, Gravesend Bay, Brooklyn, curring marine events held in Coast NY. Guard Southeastern New England Captain of the Port Zone. (a) Location. The following area is a safety zone: All navigable waters of (a) Regulations. (1) The general regu- Gravesend Bay within a 110-yard radius lations contained in 33 CFR 165.23 as of a point in position 40°36′30″ N, well as the following regulations apply 074°02′14″ W (NAD 83), approximately 70- to the fireworks displays and swim yards southeast of the Verrazano events listed in the Table to § 165.173. Bridge Brooklyn tower. These regulations may be enforced for the duration of each event. (b) Regulations. (1) The general regu- lations contained in 33 CFR 165.23 (2) Notifications will be made to the apply. local maritime community through the Local Notice to Mariners well in ad- (2) Entering into, transiting through, vance of the events. If the event does diving, dredging, dumping, fishing, not have a date listed, then exact dates trawling, conducting salvage oper- and times of the enforcement period ations, remaining within or anchoring will be announced through a Notice of within this safety zone is prohibited Enforcement in the FEDERAL REGISTER. unless authorized by the Captain of the Port (COTP) New York or the des- NOTE TO PARAGRAPH (a): Although listed in ignated on-scene representative. the Code of Federal Regulations, sponsors of events listed in the Table shall submit an ap- (3) The ‘‘designated on-scene rep- plication each year in accordance with 33 resentative’’ is any Coast Guard com- CFR 100.15. missioned, warrant, or petty officer who has been designated by the COTP (b) Definitions. The following defini- New York. tions apply to this section: (4) Vessel operators desiring to enter (1) Designated representative. A ‘‘des- or operate within the safety zone may ignated representative’’ is any Coast contact the COTP New York or the des- Guard commissioned, warrant or petty officer of the U.S. Coast Guard who has ignated representative at the Coast been designated by the Captain of the Guard Sector New York Command Cen- Port, Southeastern New England ter via VHF Channel 16 or by phone at (COTP), to act on his or her behalf. The (718) 354–4353 to request permission. designated representative may be on an (5) Vessel operators given permission official patrol vessel or may be on to enter or operate in the safety zone shore and will communicate with ves- must comply with all directions given sels via VHF–FM radio or loudhailer. to them by the COTP New York or the In addition, members of the Coast on-scene representative. Guard Auxiliary may be present to in- [USCG–2010–1091, 76 FR 31234, May 31, 2011] form vessel operators of this regula- tion.

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(2) Official patrol vessels. Official pa- cial patrol vessels in the regulated trol vessels may consist of any Coast areas during the effective dates and Guard, Coast Guard Auxiliary, state, or times, or dates and times as modified local law enforcement vessels assigned through a Notice of Enforcement pub- or approved by the COTP. lished in the FEDERAL REGISTER, unless (3) Spectators. All persons and vessels authorized by an official patrol vessel. not registered with the event sponsor (f) The Patrol Commander may con- as participants or official patrol ves- trol the movement of all vessels in the sels. regulated area. When hailed or signaled (c) The Coast Guard may patrol each by an official patrol vessel, a vessel event area under the direction of a des- shall come to an immediate stop and ignated Coast Guard Patrol Com- comply with the lawful directions mander. The Patrol Commander may issued. Failure to comply with a lawful be contacted on Channel 16 VHF–FM direction may result in expulsion from (156.8 MHz) by the call sign the area, citation for failure to comply, ‘‘PATCOM.’’ The ‘‘official patrol ves- or both. sels’’ may consist of any Coast Guard, (g) The Patrol Commander may delay Coast Guard Auxiliary, state, or local or terminate any event in this subpart law enforcement vessels assigned or ap- at any time to ensure safety. Such ac- proved by the Captain of the Port, tion may be justified as a result of Southeastern New England. weather, traffic density, spectator op- (d) Vessels may not transit the regu- eration or participant behavior. lated areas without Patrol Commander (h) For all fireworks displays listed approval. Vessels permitted to transit below, the regulated area is that area must operate at a no wake speed, in a of navigable waters within the speci- manner which will not endanger par- fied radius of the launch platform or ticipants or other crafts in the event. launch site for each fireworks display, (e) Spectators or other vessels shall unless modified later in a Notice of En- not anchor, block, loiter, or impede the forcement published in the FEDERAL movement of event participants or offi- 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.

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TABLE TO § 165.173—Continued • 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.

5.0 MAY

5.1 RI National Guard Air Show ...... • Event Type: Air Show. • Date: One weekend (Friday, Saturday, and Sunday) in May, June, or July, as announced in the local Notice to Mariners.. • 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 extend- ing 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.

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.

6.2 Swim Buzzards Bay ...... • Event Type: Swim Event. • Date: One Saturday or Sunday in June, 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 cen- terline described above.

7.0 JULY

7.1 Marion 4th of July Fireworks ...... • Event Type: Fireworks Display. • Date: One night between July 1st and July 10th, as an- nounced 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).

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TABLE TO § 165.173—Continued • 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 an- nounced 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 an- nounced 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 an- nounced 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 an- nounced 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 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 an- nounced 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 an- nounced 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.

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TABLE TO § 165.173—Continued • 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 an- nounced 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 an- nounced 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 an- nounced 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. • Date: One night between July 1st and July 10th, as an- nounced 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 [Reserved]. 7.13 Save the Bay Swim ...... • Event Type: Swim Event. • Date: One Saturday or Sunday in July or August, as an- nounced 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.

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TABLE TO § 165.173—Continued • 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 cen- terline 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). • 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 cen- terline 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.

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TABLE TO § 165.173—Continued • 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, as amended by USCG–2014–0061, 79 FR 34629, June 18, 2014]

§ 165.202 [Reserved] any vessel in a safety zone without the permission of the Captain of the Port; FIFTH COAST GUARD DISTRICT and (6) No person may take or place any § 165.T05–0317 Safety Zone, Bay; Millsboro, DE. article or thing upon any waterfront facility in a safety zone without the (a) Regulated area. The following area permission of the Captain of the Port. is a safety zone: All waters of Indian River Bay within a 200 foot radius of a (c) Definitions—(1) Captain of the Port fireworks barge located approximately means the Commander, Coast Guard at position 38–36.58N, 075–09.00W near Sector Delaware Bay, or any Coast Millsboro, Delaware. Guard commissioned, warrant or petty (b) Regulations. The general safety officer who has been authorized by the zone regulations found in 33 CFR 165.23 Captain of the Port to act on her be- apply to the safety zone created by this half. section (§ 165.T05–0317). (2) Designated representative means (1) All persons and vessels are prohib- any Coast Guard commissioned, war- ited from entering this zone, except as rant or petty officer who has been au- authorized by the Coast Guard Captain thorized by the Captain of the Port, of the Port or her designated represent- Delaware Bay, to assist in enforcing ative. the safety zone described in paragraph (2) This section applies to all vessels (a) of this section. wishing to transit through the safety (d) Enforcement. The U.S. Coast zone except vessels that are engaged in Guard may be assisted by Federal, the following operations: State, and local agencies in the patrol (i) Enforcing laws; and enforcement of the zone. (ii) Servicing aids to navigation, and (iii) Emergency response vessels. (e) Enforcement period. This section (3) No person or vessel may enter or will be enforced between 8:45 p.m. to remain in a safety zone without the 10:15 p.m. on May 23 and July 4, 2015, permission of the Captain of the Port; unless cancelled earlier by the Captain (4) Each person and vessel in a safety of the Port. Should inclement weather zone shall obey any direction or order require cancellation of the fireworks of the Captain of the Port; display on the above scheduled dates, (5) No person may board, or take or the safety zone will be enforced be- place any article or thing on board, tween 8:45 p.m. and 10:15 p.m. on May 24

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and July 5, 2015, unless cancelled ear- encompass all waters of the Delaware lier by the Captain of the Port. River within a 350 yard radius of the fireworks launch platform in approxi- EFFECTIVE DATE NOTE: By USCG–2015–0317, ° ′ ″ ° ′ ″ 80 FR 34318, June 16, 2015, temporary mate position 39 57 46.51 N, 075 07 45.45 § 165.T05–0317 was added, effective June 16, W in Philadelphia, PA. 2015 until July 5, 2015. (b) Regulations. The general safety zone regulations found in 33 CFR 165.23 § 165.T05–0330 Safety Zone, apply to the safety zone created by this Shallowbag Bay; Manteo, NC. temporary section § 165.T05–0495. (a) Definitions. For the purposes of (1) All persons and vessels are prohib- this section, Captain of the Port means ited from entering this zone, except as the Commander, Sector North Caro- authorized by the Coast Guard Captain lina. Representative means any Coast of the Port or her designated represent- Guard commissioned, warrant, or petty ative. officer who has been authorized to act (2) All persons or vessels wishing to on the behalf of the Captain of the transit through the Safety Zone must Port. request authorization to do so from the (b) Location. The following area is a Captain of the Port or her designated safety zone: This safety zone will en- representative one hour prior to the in- compass all waters on Shallowbag Bay tended time of transit. within a 200 yard radius of a barge an- (3) Vessels granted permission to chor in position 35°54′31″ N, longitude transit through the Safety Zone must 075°39′42″ W. All geographic coordinates do so in accordance with the directions are North American Datum 1983 (NAD provided by the Captain of the Port or 83). her designated representative to the (c) Regulations. (1) The general regu- lations contained in § 165.23 of this part vessel. apply to the area described in para- (4) To seek permission to transit this graph (b) of this section. safety zone, the Captain of the Port or (2) Persons or vessels requiring entry her designated representative can be into or passage through any portion of contacted via Sector Delaware Bay the safety zone must first request au- Command Center (215) 271–4940. thorization from the Captain of the (5) This section applies to all vessels Port, or a designated representative, wishing to transit through the safety unless the Captain of the Port pre- zone except vessels that are engaged in viously announced via Marine Safety the following operations: (i) Enforcing Radio Broadcast on VHF Marine Band laws; (ii) servicing aids to navigation, Radio channel 22 (157.1 MHz) that this and (iii) emergency response vessels. regulation will not be enforced in that (6) No person or vessel may enter or portion of the safety zone. The Captain remain in a safety zone without the of the Port can be contacted at tele- permission of the Captain of the Port; phone number (910) 343–3882 or by radio (7) Each person and vessel in a safety on VHF Marine Band Radio, channels zone shall obey any direction or order 13 and 16. of the Captain of the Port; (d) Enforcement. The U.S. Coast (8) The Captain of the Port may take Guard may be assisted in the patrol possession and control of any vessel in and enforcement of the zone by Fed- the safety zone; eral, State, and local agencies. (9) The Captain of the Port may re- (e) Enforcement period. This section move any person, vessel, article, or will be enforced from 8 p.m. to 10 p.m. thing from a safety zone; on October 4, 2013 unless cancelled ear- (10) No person may board, or take or lier by the Captain of the Port. place any article or thing on board, [USCG–2013–0330, 78 FR 40396, July 5, 2013] any vessel in a safety zone without the permission of the Captain of the Port; § 165.T05–0495 Safety Zone, Sugar and House Casino Fireworks Display, (11) No person may take or place any Delaware River; Philadelphia, PA. article or thing upon any waterfront (a) Regulated area. The following area facility in a safety zone without the is a safety zone: The safety zone will permission of the Captain of the Port.

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(c) Definitions. (1) Captain of the Port on VHF Marine Band Radio, channels means the Commander, Coast Guard 13 and 16. Sector Delaware Bay, or any Coast (d) Enforcement. The U.S. Coast Guard commissioned, warrant or petty Guard may be assisted in the patrol officer who has been authorized by the and enforcement of the zone by Fed- Captain of the Port to act on her be- eral, State, and local agencies. half. (e) Enforcement period. This section (2) Designated representative means will be enforced from 8 p.m. to 10 p.m. any Coast Guard commissioned, war- on September 26, 2014 unless cancelled rant or petty officer who has been au- earlier by the Captain of the Port. thorized by the Captain of the Port [USCG–2014–0723, 79 FR 51492, Aug. 29, 2014] Delaware Bay to assist in enforcing the safety zone described in paragraph (a) § 165.T05–0767 Security Zone, Balti- of this section. more Harbor, Baltimore’s Inner (d) Enforcement. The U.S. Coast Harbor; Baltimore, MD. Guard may be assisted by Federal, (a) Location. The following area is a State, and local agencies in the patrol security zone: all waters of Baltimore and enforcement of the zone. Harbor, Baltimore’s Inner Harbor, from (e) Enforcement period. This section shoreline to shoreline, bounded on the will be enforced from 8:30 p.m. until east by a line drawn from position lati- 10:00 p.m. on July 5, 2013. tude 39°17′03.41″ N, longitude 076°36′28.35″ W southerly to position [USCG–2013–0495, 78 FR 39603, July 2, 2013] latitude 39°16′58.24″ N, longitude 076°36′27.59″ W, located along the water- § 165.T05–0723 Safety Zone, Shallowbag Bay; Manteo, NC. front at Baltimore, MD. All coordi- nates refer to datum NAD 1983. (a) Definitions. For the purposes of (b) Regulations. The general security this section, Captain of the Port means zone regulations found in 33 CFR 165.33 the Commander, Sector North Caro- apply to the security zone created by lina. Representative means any Coast this temporary § 165.T05.0767. Guard commissioned, warrant, or petty (1) All persons are required to comply officer who has been authorized to act with the general regulations governing on the behalf of the Captain of the security zones found in 33 CFR 165.33. Port. (2) Entry into or remaining in this (b) Location. The following area is a zone is prohibited unless authorized by safety zone: This safety zone will en- the Coast Guard Captain of the Port compass all waters on Shallowbag Bay Baltimore. Vessels already at berth, within a 200 yard radius of a barge an- mooring, or anchor at the time the se- chor in position 35°54′31″ N, longitude curity zone is implemented do not have 075°39′42″ W. All geographic coordinates to depart the security zone. All vessels are North American Datum 1983 (NAD underway within this security zone at 83). the time it is implemented are to de- (c) Regulations. (1) The general regu- part the zone. lations contained in § 165.23 of this part (3) Persons desiring to transit the apply to the area described in para- area of the security zone must first ob- graph (b) of this section. tain authorization from the Captain of (2) Persons or vessels requiring entry the Port Baltimore or his designated into or passage through any portion of representative. To seek permission to the safety zone must first request au- transit the area, the Captain of the thorization from the Captain of the Port Baltimore and his designated rep- Port, or a designated representative, resentatives can be contacted at tele- unless the Captain of the Port pre- phone number 410–576–2693 or on Marine viously announced via Marine Safety Band Radio, VHF–FM channel 16 (156.8 Radio Broadcast on VHF Marine Band MHz). The Coast Guard vessels enforc- Radio channel 22 (157.1 MHz) that this ing this section can be contacted on regulation will not be enforced in that Marine Band Radio, VHF–FM channel portion of the safety zone. The Captain 16 (156.8 MHz). Upon being hailed by a of the Port can be contacted at tele- U.S. Coast Guard vessel, or other Fed- phone number (910) 343–3882 or by radio eral, State, or local agency vessel, by

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siren, radio, flashing light, or other while transiting, anchored, or moored means, the operator of a vessel shall within the COTP Baltimore zone. proceed as directed. If permission is (c) Regulations. (1) The COTP will no- granted, all persons and vessels must tify the maritime community of af- comply with the instructions of the fected vessels and the periods during Captain of the Port Baltimore or his which the safety/security zones will be designated representative and proceed enforced by providing notice to mari- at the minimum speed necessary to ners in accordance with 33 CFR 165.7. maintain a safe course while within the (2) Entry into or remaining in this zone. zone is prohibited unless authorized by (4) Enforcement. The U.S. Coast Guard the Coast Guard COTP, Baltimore, may be assisted in the patrol and en- Maryland or his designated representa- forcement of the zone by Federal, tive. State, and local agencies. (3) Persons desiring to transit the (c) Definitions. As used in this sec- area of the security zone may contact tion: the COTP at telephone number 410–576– Captain of the Port Baltimore means 2693 or on VHF channel 16 (156.8 MHz) the Commander, U.S. Coast Guard Sec- to seek permission to transit the area. tor Baltimore, Maryland or any Coast If permission is granted, all persons Guard commissioned, warrant or petty and vessels must comply with the in- officer who has been authorized by the structions of the COTP or his or her Captain of the Port to act on his be- designated representative. half. (d) Authority. In addition to 33 U.S.C. Designated representative means any 1231, the authority for this section in- Coast Guard commissioned, warrant, or cludes 50 U.S.C. 191. petty officer who has been authorized [CDG05–03–008, 68 FR 43311, July 22, 2003] by the Captain of the Port Baltimore to assist in enforcing the security zone § 165.501 Chesapeake Bay entrance described in paragraph (a) of this sec- and Hampton Roads, VA and adja- tion. cent waters—Regulated Navigation Area. (d) Effective period. This rule is effec- tive from 5 p.m. until 11:59 p.m. on Sep- (a) Location. The waters enclosed by tember 5, 2013. the shoreline and the following lines (e) Enforcement period. This section are a Regulated Navigation Area: will be enforced from 5 p.m. until 11:59 (1) Offshore zone. A line drawn due p.m. on September 5, 2013. East from the mean low water mark at the North Carolina and Virginia border [USCG–2013–0787, 78 FR 54394, Sept. 4, 2013] at latitude 36°33′03″ N, longitude 75°52′00″ W, to the Territorial Seas § 165.500 Safety/Security Zones; Chesa- boundary line at latitude 36°33′05″ N, peake Bay, Maryland. longitude 75°36′51″ W, thence generally (a) Definitions. (1) Certain Dangerous Northeastward along the Territorial Cargo (CDC) means a material defined Seas boundary line to latitude 38°01′39″ in 33 CFR part 160. N, longitude 74°57′18″ W, thence due (2) Liquefied Hazardous Gas (LHG) West to the mean low water mark at means a material defined in 33 CFR the Maryland and Virginia border at part 127. latitude 38°01′39″ N, longitude 75°14′30″ (3) Liquefied Natural Gas (LNG) W, thence South along the mean low means a material defined in 33 CFR water mark on the Virginia coast, and part 127. eastward of the Colregs Demarcation (4) Cruise ship means a vessel defined Lines across Chincoteague Inlet, as a ‘‘passenger vessel’’ in 46 U.S.C. 2101 Assawoman Inlet, Gargathy Inlet, (22). Metompkin Inlet, Wachapreague Inlet, (b) Location. The following areas are Quinby Inlet, Great Machipongo Inlet, a safety/security zone: All waters of Sand Shoal Inlet, New Inlet, Ship 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

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mark and eastward of the Colregs De- Coast Guard Patrol Commander is a marcation Line across Rudee Inlet to Coast Guard commissioned, warrant or the point of beginning. All positions petty officer who has been designated reference NAD 83. by the Commander, Coast Guard Sector (2) Inland zone. The waters enclosed Hampton Roads. by the shoreline and the following Designated representative of the Cap- lines: tain of the Port means a person, includ- (i) A line drawn across the entrance ing the duty officer at the Coast Guard to Chesapeake Bay between Wise Point Sector Hampton Roads, the Joint Har- and Cape Charles Light, and then con- bor Operations Center watchstander, or tinuing to Cape Henry Light. the Coast Guard or Navy Patrol Com- (ii) A line drawn across the Chesa- mander who has been authorized by the peake Bay between Old Point Comfort Captain of the Port to act on his or her Light and Cape Charles City Range behalf and at his or her request to ‘‘A’’ Rear Light. carry out such orders and directions as (iii) A line drawn across the James needed. All patrol vessels shall display River along the eastern side of U.S. the Coast Guard Ensign at all times Route 17 highway bridge, between New- when underway. port News and Isle of Wight County, I–664 Bridge Tunnel means the Mon- Virginia. itor Merrimac Bridge Tunnel. (iv) A line drawn across Chuckatuck Inland waters means waters within Creek along the northern side of the the COLREGS Line of Demarcation. north span of the U.S. Route 17 high- Thimble Shoal Channel consists of the way bridge, between Isle of Wight waters bounded by a line connecting County and Suffolk, Virginia. Thimble Shoal Channel Lighted Bell (v) A line drawn across the Buoy 1TS, thence to Thimble Shoal Nansemond River along the northern Lighted Gong Buoy 17, thence to Thim- side of the Mills Godwin (U.S. Route 17) ble Shoal Lighted Buoy 19, thence to Bridge, Suffolk, Virginia. Thimble Shoal Lighted Buoy 21, thence to Thimble Shoal Lighted Buoy 22, (vi) A line drawn across the mouth of thence to Thimble Shoal Lighted Buoy Bennetts Creek, Suffolk, Virginia. 18, thence to Thimble Shoal Lighted (vii) A line drawn across the Western Buoy 2, thence to the beginning. Branch of the Elizabeth River along Thimble Shoal North Auxiliary Channel the eastern side of the West Norfolk consists of the waters in a rectangular Bridge, Portsmouth, Virginia. area 450 feet wide adjacent to the north (viii) A line drawn across the South- side of Thimble Shoal Channel, the ern Branch of the Elizabeth River southern boundary of which extends along the northern side of the I–64 from Thimble Shoal Channel Lighted highway bridge, Chesapeake, Virginia. Buoy 2 to Thimble Shoal Lighted Buoy (ix) A line drawn across the Eastern 18. Branch of the Elizabeth River along Thimble Shoal South Auxiliary Channel the western side of the west span of the consists of the waters in a rectangular Campostella Bridge, Norfolk, Virginia. area 450 feet wide adjacent to the south (x) A line drawn across the Lafayette side of Thimble Shoal Channel, the River along the western side of the northern boundary of which extends Hampton Boulevard Bridge, Norfolk, from Thimble Shoal Channel Lighted Virginia. Bell Buoy 1TS, thence to Thimble (xi) A line drawn across Little Creek Shoal Lighted Gong Buoy 17, thence to along the eastern side of the Ocean Thimble Shoal Lighted Buoy 19, thence View Avenue (U.S. Route 60) Bridge, to Thimble Shoal Lighted Buoy 21. Norfolk, Virginia. (c) Applicability. This section applies (xii) A line drawn across Lynnhaven to all vessels operating within the Reg- Inlet along the northern side of Shore ulated Navigation Area, including Drive (U.S. Route 60) Bridge, Virginia naval and public vessels, except vessels Beach, Virginia. that are engaged in the following oper- (b) Definitions. In this section: ations: CBBT means the Chesapeake Bay (1) Law enforcement. Bridge Tunnel. (2) Servicing aids to navigation.

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(3) Surveying, maintenance, or im- while the tow is operating within this provement of waters in the Regulated Regulated Navigation Area. The sec- Navigation Area. ondary towing rig must: (d) Regulations—(1) Anchoring restric- (A) Be of sufficient strength for tow- tions. No vessel over 65 feet long may ing the vessels. anchor or moor in the inland waters of (B) Have connecting devices that can the Regulated Navigation Area outside receive a shackle pin of at least two an anchorage designated in § 110.168 of inches in diameter. this title, with these exceptions: (C) Be fitted with recovery pickup (i) The vessel has the permission of lines led outboard of the vessel’s hull. the Captain of the Port. (4) Thimble Shoals Channel controls. (i) (ii) Only in an emergency, when un- A vessel drawing less than 25 feet may able to proceed without endangering not enter the Thimble Shoal Channel, the safety of persons, property, or the unless the vessel is crossing the chan- environment, may a vessel anchor in a nel. Masters should consider the squat channel. of their vessel based upon vessel design (iii) A vessel may not anchor within and environmental conditions. Channel the confines of Little Creek Harbor, crossings shall be made as perpen- Desert Cove, or Little Creek Cove with- dicular to the channel axis as possible. out the permission of the Captain of the Port. The Captain of the Port shall (ii) Except when crossing the chan- consult with the Commander, Naval nel, a vessel in the Thimble Shoal Amphibious Base Little Creek, before North Auxiliary Channel shall proceed granting permission to anchor within in a westbound direction. this area. (iii) Except when crossing the chan- (2) Anchoring detail requirements. A nel, a vessel in the Thimble Shoal self-propelled vessel over 100 gross South Auxiliary Channel shall proceed tons, which is equipped with an anchor in an eastbound direction. or anchors (other than a tugboat (5) Restrictions on vessels with impaired equipped with bow fenderwork of a maneuverability—(i) Before entry. A ves- type of construction that prevents an sel over 100 gross tons, whose ability to anchor being rigged for quick release), maneuver is impaired by heavy weath- that is underway within two nautical er, defective steering equipment, defec- miles of the CBBT or the I–664 Bridge tive main propulsion machinery, or Tunnel shall station its personnel at other damage, may not enter the Regu- locations on the vessel from which lated Navigation Area without the per- they can anchor the vessel without mission of the Captain of the Port. delay in an emergency. (ii) After entry. A vessel over 100 gross (3) Secondary towing rig requirements tons, which is underway in the Regu- on inland waters. (i) A vessel over 100 lated Navigation Area, that has its gross tons may not be towed in the in- ability to maneuver become impaired land waters of the Regulated Naviga- for any reason, shall, as soon as pos- tion Area unless it is equipped with a sible, report the impairment to the secondary towing rig, in addition to its Captain of the Port. primary towing rig, that: (6) Requirements for navigation charts, (A) Is of sufficient strength for tow- radars, and pilots. No vessel over 100 ing the vessel. gross tons may enter the Regulated (B) Has a connecting device that can Navigation Area, unless it has on receive a shackle pin of at least two board: inches in diameter. (i) Corrected charts of the Regulated (C) Is fitted with a recovery pickup Navigation Area. Instead of corrected line led outboard of the vessel’s hull. paper charts, warships or other vessels (ii) A tow consisting of two or more owned, leased, or operated by the vessels, each of which is less than 100 United States Government and used gross tons, that has a total gross ton- only in government noncommercial nage that is over 100 gross tons, shall service may carry electronic charting be equipped with a secondary towing and navigation systems that have met rig between each vessel in the tow, in the applicable agency regulations re- addition to its primary towing rigs, garding navigation safety.

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(ii) An operative radar during periods designated representative of the Cap- of reduced visibility; tain of the Port prior to entry. All ves- (iii) When in inland waters, a pilot or sels entering or remaining in the Regu- other person on board with previous ex- lated Navigation Area may be subject perience navigating vessels on the to a Coast Guard boarding. waters of the Regulated Navigation (ii) Ensure that no person who is not Area. a permanent member of the vessel’s (7) Emergency procedures. (i) Except as crew, or a member of a Coast Guard provided in paragraph (d)(7)(ii) of this boarding team, boards the vessel with- section, in an emergency any vessel out a valid purpose and photo identi- may deviate from the regulations in fication. this section to the extent necessary to avoid endangering the safety of per- (iii) Report any departure from or sons, property, or the environment. movement within the Regulated Navi- (ii) A vessel over 100 gross tons with gation Area to the designated rep- an emergency that is located within resentative of the Captain of the Port two nautical miles of the CBBT or I–664 prior to getting underway. Bridge Tunnel shall notify the Captain (iv) The designated representative of of the Port of its location and the na- the Captain of the Port is the Sector ture of the emergency, as soon as pos- Command Center (SCC)—Joint Harbor sible. Operations Center (JHOC) which shall (8) Vessel speed limits—(i) Little Creek. be contacted on VHF–FM channel 12, or A vessel may not proceed at a speed by calling (757) 668–5555. over five knots between the Route 60 (v) In addition to the authorities list- bridge and the mouth of Fishermans ed in this part, this paragraph is pro- Cove (Northwest Branch of Little mulgated under the authority under 33 Creek). U.S.C. 1226. (ii) Southern Branch of the Elizabeth (e) Waivers. (1) The Captain of the River. A vessel may not proceed at a Port may, upon request, waive any reg- speed over six knots between the junc- ulation in this section. tion of the Southern and Eastern (2) An application for a waiver must Branches of the Elizabeth River and the Norfolk and Portsmouth Belt Line state the need for the waiver and de- Railroad Bridge between Chesapeake scribe the proposed vessel operations. and Portsmouth, Virginia. (f) Control of vessels within the regu- (iii) Norfolk Harbor Reach. Nonpublic lated navigation area. (1) When nec- vessels of 300 gross tons or more may essary to prevent damage, destruction not proceed at a speed over 10 knots be- or loss of any vessel, facility or port in- tween the Elizabeth River Channel frastructure, the Captain of the Port Lighted Gong Buoy 5 of Norfolk Harbor may direct the movement of vessels or Reach (southwest of Sewells Point) at issue orders requiring vessels to anchor approximately 36°58′00″ N, 076°20′00″ W, or moor in specific locations. and gated Elizabeth River Channel (2) If needed for the maritime, com- Lighted Buoys 17 and 18 of Craney Is- mercial or security interests of the land Reach (southwest of Norfolk United States, the Captain of the Port International Terminal at approxi- may order a vessel to move from the ° ′ ″ ° ′ ″ mately 36 54 17 N, and 076 20 11 W. location in which it is anchored to an- (9) Port security requirements. Vessels other location within the Regulated in excess of 300 gross tons, including Navigation Area. tug and barge combinations in excess (3) The master of a vessel within the of 300 gross tons (combined), shall not Regulated Navigation Area shall com- enter the Regulated Navigation Area, move within the Regulated Navigation ply with any orders or directions issued Area, or be present within the Regu- to the master’s vessel by the Captain of lated Navigation Area, unless they the Port. comply with the following require- [CGD05–02–099, 68 FR 35175, June 12, 2003, as ments: amended by USCG–2006–25150, 71 FR 39211, (i) Obtain authorization to enter the July 12, 2006] Regulated Navigation Area from the

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§ 165.502 Safety and Security Zone; Passenger vessel means a vessel de- Cove Point Liquefied Natural Gas fined as a passenger vessel in 46 CFR Terminal, Chesapeake Bay, Mary- part 70. land. (b) Location. All navigable waters of (a) Location. The following area is a the Captain of the Port Hampton safety and security zone: All waters of Roads zone (defined in 33 CFR 3.25–10) the Chesapeake Bay, from surface to within 500 yards around a passenger bottom, encompassed by lines con- vessel or vessel carrying a CDC, while necting the following points, beginning the passenger vessel or vessel carrying at 38°24′27″ N, 76°23′42″ W, thence to CDC is transiting, moored or anchored. 38°24′44″ N, 76°23′11″ W, thence to (c) Regulations. (1) No vessel may ap- 38°23′55″ N, 76°22′27″ W, thence to proach within 500 yards of a passenger 38°23′37″ N, 76°22′58″ W, thence to begin- vessel or vessel carrying a CDC within ning at 38°24′27″ N, 76°23′42″ W. These the Captain of the Port Hampton coordinates are based upon North Roads zone, unless traveling at the American Datum (NAD) 1983. This area minimum speed necessary to navigate is 500 yards in all directions from the safely. Cove Point LNG terminal structure. (2) Under § 165.33, no vessel or person (b) Regulations. (1) In accordance with may approach within 100 yards of a the general regulations in §§ 165.23 and passenger vessel or vessel carrying a 165.33 of this part, entry into or move- CDC within the Captain of the Port ment within this zone is prohibited un- Hampton Roads zone, unless authorized less authorized by the Coast Guard by the COTP Hampton Roads or his or Captain of the Port, Baltimore, Mary- her designated representative. land or his designated representative. (3) The COTP Hampton Roads may Designated representatives include any notify the maritime and general public Coast Guard commissioned, warrant, or by marine information broadcast of the petty officer. periods during which individual secu- (2) Persons desiring to transit the rity zones have been activated by pro- area of the zone may contact the Cap- viding notice in accordance with 33 tain of the Port at telephone number CFR 165.7. (410) 576–2693 or via VHF Marine Band (4) A security zone in effect around a Radio Channel 16 (156.8 MHz) to seek moving or anchored vessel will be en- permission to transit the area. If per- forced by a law enforcement vessel. A mission is granted, all persons and ves- security zone in effect around a moored sels must comply with the instructions vessel will be enforced by a law en- of the Captain of the Port or his des- forcement agent shoreside, a law en- ignated representative. forcement vessel waterside, or both. (c) Enforcement. The U.S. Coast Guard (5) Persons desiring to transit the may be assisted in the patrol and en- area of the security zone within 100 forcement of the zone by Federal, yards of a passenger vessel or vessel State, local, and private agencies. carrying a CDC must contact the COTP [CGD05–03–023, 68 FR 75133, Dec. 30, 2003] Hampton Roads on VHF-FM channel 16 (156.8 MHz) or telephone number (757) § 165.503 Security Zone; Captain of the 668–5555 or (757) 484–8192 to seek permis- Port Hampton Roads Zone. sion to transit the area. All persons (a) Definitions. As used in this sec- and vessels must comply with the in- tion— structions of the COTP or the COTP’s Certain dangerous cargo or CDC means designated representative. a material defined as CDC in 33 CFR (d) Enforcement. The COTP will en- 160.202. force these zones and may enlist the Designated Representative of the Cap- aid and cooperation of any Federal, tain of the Port is any U.S. Coast state, county, or municipal law en- Guard commissioned, warrant or petty forcement agency to assist in the en- officer who has been authorized by the forcement of the regulation. Captain of the Port (COTP), Hampton [CGD05–04–067, 69 FR 40769, July 7, 2004, as Roads, Virginia to act on his or her be- amended by USCG–2005–21869, 80 FR 5336, half. Jan. 30, 2015]

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§ 165.504 Newport News Shipbuilding (iv) Vessels that are performing work and Dry Dock Company Shipyard, at Newport News Shipbuilding and Dry James River, Newport News, Va. Dock Co., including the vessels of sub- (a) Location. The following is a secu- contractors and other vendors of New- rity zone: The waters of the James port News Shipbuilding and Dry Dock River encompassed by a line beginning Co. or other persons that have a con- at the intersection of the shoreline tractual relationship with Newport with the northernmost property line of News Shipbuilding and Dry Dock Co. the Newport News Shipbuilding and (v) Vessels that are being built, re- Dry Dock Co. at latitude 37°00′38.1″ N, built, repaired, or otherwise worked on longitude 76°27′05.7″ W, thence south- at or by Newport News Shipbuilding erly to latitude 36°59′58.4″ N, longitude and Dry Dock Co. or another person au- thorized to perform work at the ship- 76°27′16.7″ W, thence southeasterly to yard. latitude 36°59′23.0″ N, longitude (vi) Vessels that are authorized by 76°26′54.6″ W, thence westerly to lati- Newport News Shipbuilding and Dry tude 36°59′21.5″ N, longitude 76°26′58.4″ Dock Company to moor at and use its W, thence southeasterly to latitude facilities. 36°59′12.9″ N, longitude 76°26′52.4″ W, (vii) Commercial shellfish harvesting thence easterly to latitude 36°59′14.2″ N, vessels taking clams from the shellfish longitude 76°26′49.1″ W, thence south- beds within the zone, if easterly to latitude 36°58′37.8″ N, lon- ° ′ ″ (A) The owner of the vessel has pre- gitude 76 26 26.3 W, thence easterly to viously provided the Captain of the ° ′ ″ latitude 36 58 43.5 N, longitude Port, Hampton Roads, Virginia, infor- ° ′ ″ 76 26 13.7 W, thence northerly to the mation about the vessel, including: intersection of the shoreline with the (1) The name of the vessel; southernmost property line of the New- (2) The vessel’s official number, if port News Shipbuilding and Dry Dock documented, or state number, if num- ° ′ ″ Co. at latitude 36 58 48.0 N, longitude bered by a state issuing authority; ° ′ ″ 76 26 11.2 W, thence northwesterly (3) A brief description of the vessel, along the shoreline to the point of be- including length, color, and type of ginning. vessel; (b) Security zone anchorage. The fol- (4) The name, Social Security num- lowing is a security zone anchorage: ber, current address, and telephone The waters of the James River encom- number of the vessel’s master, oper- passed by a line beginning at the inter- ator, or person in charge; and section of the shoreline with the north- (5) Upon request, information the ernmost property line of the Newport vessel’s crew. News Shipbuilding and Dry Dock Com- (B) The vessel is operated in compli- pany shipyard at latitude 37°00′38.1″ N, ance with any specific orders issued to longitude 76°27′05.7″ W, thence south- the vessel by the Captain of the Port or erly to latitude 36°59′58.4″ N, longitude other regulations controlling the oper- 76°27′16.7″ W, thence easterly to the ation of vessels within the security shoreline at latitude 36°59′58.5″ N, lon- zone that may be in effect. gitude 76°27′11.6″ W, thence along the (d) Enforcement. The U.S. Coast shoreline to the point of beginning. Guard may be assisted in the enforce- (c) Special regulations. (1) Section ment of this zone by the U.S. Navy. 165.33 (a), (e), and (f) do not apply to the following vessels or individuals on [CGD5 86–03, 51 FR 18322, May 19, 1986, as amended by CGD5 87–038, 52 FR 41996, Nov. 2, board those vessels: 1987] (i) Public vessels of the United States. § 165.505 Security Zone; Calvert Cliffs (ii) Public vessels owned or operated Nuclear Power Plant, Chesapeake by the Commonwealth of Virginia or Bay, Calvert County, Maryland. its subdivisions for law enforcement or (a) Location. The following area is a firefighting purposes. security zone: All waters of the Chesa- (iii) Vessels owned by, operated by, peake Bay, from surface to bottom, en- or under charter to Newport News compassed by lines connecting the fol- Shipbuilding and Dry Dock Co. lowing points, beginning at 38°26′06″ N,

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076°26′18″ W, thence to 38°26′10″ N, these personnel in the enforcement of 076°26′12″ W, thence to 38°26′21″ N, the safety zone. Upon being hailed by a 076°26′28″ W, thence to 38°26′14″ N, U.S. Coast Guard vessel by siren, radio, 076°26′33″ W, thence to beginning at flashing light or other means, the oper- 38°26′06″ N, 076°26′18″ W. These coordi- ator of a vessel shall proceed as di- nates are based upon North American rected. Datum (NAD) 1983. (b) Notification. (1) Fireworks barges (b) Regulations. (1) Entry into or re- and launch sites on land that operate maining in this zone is prohibited un- within the regulated areas contained in less authorized by the Coast Guard the Table to § 165.506 will have a sign Captain of the Port, Baltimore, Mary- affixed to the port and starboard side land. of the barge or mounted on a post 3 (2) Persons desiring to transit the feet above ground level when on land area of the security zone may contact immediately adjacent to the shoreline the Captain of the Port at telephone and facing the water labeled ‘‘FIRE- number 410–576–2693 or on VHF channel WORKS—DANGER—STAY AWAY’’. 16 (156.8 MHz) to seek permission to This will provide on scene notice that transit the area. If permission is grant- the safety zone will be enforced on that ed, all persons and vessels must comply day. This notice will consist of a dia- with the instructions of the Captain of mond shaped sign 4 feet by 4 feet with the Port or his or her designated rep- a 3-inch orange retro reflective border. resentative. The word ‘‘DANGER’’ shall be 10 inch (c)Authority: In addition to 33 U.S.C. black block letters centered on the 1231 and 50 U.S.C. 191, the authority for sign with the words ‘‘FIREWORKS’’ this section includes 33 U.S.C. 1226. and ‘‘STAY AWAY’’ in 6 inch black [CGD05–02–080, 68 FR 15053, Mar. 28, 2003] block letters placed above and below the word ‘‘DANGER’’ respectively on a § 165.506 Safety Zones; Fireworks Dis- white background. plays in the Fifth Coast Guard Dis- trict. (2) Coast Guard Captains of the Port in the Fifth Coast Guard District will (a) (1) The general regu- Regulations. notify the public of the enforcement of lations contained in 33 CFR 165.23 these safety zones by all appropriate apply. means to effect the widest publicity (2) The following regulations apply to among the affected segments of the the fireworks safety zones listed in the public. Publication in the Local Notice Table to § 165.506. These regulations to Mariners, marine information broad- will be enforced annually, for the dura- casts, and facsimile broadcasts may be tion of each fireworks event listed in made for these events, beginning 24 to the Table to § 165.506. In the case of in- clement weather, the event may be 48 hours before the event is scheduled conducted on the day following the to begin, to notify the public. date listed in the Table to § 165.506. An- (c) Contact information. Questions nual notice of the exact dates and about safety zones and related events times of the enforcement period of the should be addressed to the local Coast regulation with respect to each safety Guard Captain of the Port for the area zone, the geographical area, and other in which the event is occurring. Con- details concerning the nature of the tact information is listed below. For a fireworks event will be published in description of the geographical area of Local Notices to Mariners and via each Coast Guard Sector—Captain of Broadcast Notice to Mariners over the Port zone, please see 33 CFR 3.25. VHF–FM marine band radio. (1) Coast Guard Sector Delaware (3) All persons and vessels shall com- Bay—Captain of the Port Zone, Phila- ply with the instructions of the Coast delphia, Pennsylvania: (215) 271–4944. Guard Captain of the Port or the des- (2) Coast Guard Sector Baltimore— ignated on-scene-patrol personnel. Captain of the Port Zone, Baltimore, Those personnel are comprised of com- Maryland: (410) 576–2525. missioned, warrant, and petty officers (3) Coast Guard Sector Hampton of the U.S. Coast Guard. Other Federal, Roads—Captain of the Port Zone, Nor- State and local agencies may assist folk, Virginia: (757) 483–8567.

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(4) Coast Guard Sector North Caro- AWAY’’ sign is posted on land adjacent lina—Captain of the Port Zone, Wil- to the shoreline, in a location listed in mington, North Carolina: (877) 229–0770 the Table to § 165.506. Vessels may not or (910) 772–2200. enter, remain in, or transit through (d) Enforcement period. The safety the safety zones during these enforce- zones in the Table to § 165.506 will be ment periods unless authorized by the enforced from 5:30 p.m. to 1 a.m. each Captain of the Port or designated Coast day a barge with a ‘‘FIREWORKS— Guard patrol personnel on scene. DANGER—STAY AWAY’’ sign on the All coordinates listed in the Table to port and starboard side is on-scene or a § 165.506 reference Datum NAD 1983. ‘‘FIREWORKS—DANGER—STAY

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 3rd, 4th or 5th ...... 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 3rd or 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., ap- proximately 400 yards east of Rehoboth Beach, DE. 4...... July 3rd, 4th or 5th ...... 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 lo- cation 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 3rd, 4th or 5th ...... 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 lo- cation latitude 38°55′36″ N., longitude 074°55′26″ W., immediately adjacent to the shoreline at Cape May, NJ. 7...... July 3rd, 4th or 5th ...... 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 3rd, 4th or 5th August Metedeconk River, Brick The waters of the Metedeconk River within a 300 yard every Thursday; Sep- Township, NJ; Safety radius of the fireworks launch platform in approxi- tember 1st Thursday. Zone. mate position latitude 40°03′24″ N., longitude 074°06′42″ W., near the shoreline at Brick Township, NJ. 10...... July—3rd, 4th or 5th ...... 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., and within 500 yard radius of a fireworks barge located at lati- tude 39°21′12″ N., longitude 074°25′06″ W., near the shoreline at Atlantic City, NJ. 11...... July 3rd, 4th or 5th. Octo- North Atlantic Ocean, The waters of the North Atlantic Ocean within a 500 ber—1st or 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.

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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 3rd, 4th or 5th ...... 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 approxi- mate 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 po- sition 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 lati- tude 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 500 Upper Potomac River, yard radius of the fireworks barge in approximate po- Washington, D.C.; Safety sition latitude 38°52′20″ N., longitude 077°01′17″ W., Zone. located within the Washington Channel in Wash- ington Harbor, DC. 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 en- trance 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...... July—1st, 2nd or 3rd Satur- Upper Potomac River, All waters of the Upper Potomac River within a 300 day. Washington, D.C.; Safety yard radius of the fireworks barge in approximate po- Zone. sition 38°48′14″ N., 077°02′00″ W., located near the waterfront (King Street) at Alexandria, Virginia. 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., lo- cated at the entrance to Baltimore Inner Harbor, ap- proximately 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., lo- cated adjacent to the West Channel of Northwest Harbor.

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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

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 ap- proximate 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., lo- cated north of the shoreline at Fairview Beach, Vir- ginia. 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 lati- tude 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 Poto- mac River shoreline at George Washington’s Mount Vernon Estate, Fairfax County, VA. 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., lo- cated 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 and last Friday; Decem- to latitude 38°47′25″ N., longitude 077°01′33″ W.; ber—1st, 2nd and 3rd thence to latitude 38°47′32″ N., longitude 077°01′08″ Friday. W.; thence to the point of origin, located at National Harbor, 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., ap- proximately 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., ap- proximately 400 yards south of North East Commu- nity Park. 20...... December 31st...... Upper Potomac River, All waters of the Upper Potomac River within a 300 Washington, D.C.; Safety yard radius of the fireworks barge in approximate po- Zone. sition 38°48′38″ N., 077°01′56″ W., located east of Oronoco Bay Park at Alexandria, Virginia. 21...... March through October, at Anacostia River, Wash- All waters of the Anacostia River within a 150 yard ra- the conclusion of evening ington, D.C.; Safety Zone. dius of the fireworks barge in approximate position MLB games at Wash- latitude 38°52′13″ N., longitude 077°00′16″ W., lo- ington Nationals Ball cated near the Washington Nationals Ball Park. Park.

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No. Date Location Regulated area

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′08″ N., longitude 077°15′38″ W., lo- urday or Sunday. cated 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 Sun- day.August—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. 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.

(c.) Coast Guard Sector Hampton Roads—COTP Zone

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 lati- tude 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 lati- tude 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.

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No. Date Location Regulated area

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 ori- gin. 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, Thurs- Zone A. at approximate position latitude 36°51′12″ N., lon- day, Friday, Saturday gitude 075°58′06″ W., located off the beach between and Sunday 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 be- tween 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. 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 approxi- mate 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 posi- tion 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 posi- tion 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″ N., longitude 076°49′12″ 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 posi- tion latitude 36°59′18″ N., longitude 076°37′45″ 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 posi- tion latitude 36°54′58.18″ N., longitude 076°06′44.3″ W. near Virginia Beach, Virginia.

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No. Date Location Regulated area

22...... July 3rd, 4th and 5th ...... Urbanna Creek, Urbanna, All waters of Urbanna Creek within a 350 foot radius of VA; Safety Zone. the fireworks launch site at latitude 37°38′09″ N., lon- gitude 076°34′03″ W., located on land near the east shoreline of Urbanna Creek and south of Bailey Point. 23...... April–August, every Friday Elizabeth River Eastern All waters of the Eastern Branch of Elizabeth River and Saturday; July 2nd, Branch, Norfolk, VA; within the area along the shoreline immediately adja- 3rd, 4th and 5th; and Fri- Safety Zone. cent to Harbor Park Stadium ball park and outward day, Saturday and Sun- into the river bound by a line drawn from latitude day of Labor day week- 36°50′29.65″ N., longitude 076°16′48.9″ W., thence end. south to 36°50′28.79″ N., longitude 076°16′49.12″ W., thence east to 36°50′26.74″ N., longitude 076°16′39.54″ W., thence north to 36°50′27.7″ N., longitude 076°16′39.36″ W. terminating at the SW. corner of Harbor Park finger pier.

(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 ori- gin, located approximately 500 yards north of Cape Fear Memorial 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 posi- tion latitude 36°22′23.8″ N., longitude 075°49′56.3″, located near Whale Head Bay. 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.

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No. Date Location Regulated area

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., approxi- mately 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., ap- proximately 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., ap- proximately 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 lati- tude 34°44′45″ N., longitude 077°26′18″ W., approxi- mately 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 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 Pelican Island. 16...... September—4th or last Sat- Shallowbag Bay, Manteo, All waters of Shallowbag Bay within a 200 yard radius urday. NC; Safety Zone. of a fireworks barge anchored at latitude 35°54′31″ N., longitude 075°39′42″ W. 17...... May—3rd Saturday ...... Pasquotank River; Eliza- All waters of the Pasquotank River within a 300 yard beth City, NC; Safety radius of the fireworks barge at latitude 36°17′47″ N., Zone. longitude 076°12′17″ W., located north of Cottage Point at the shoreline of the Pasquotank River. 18...... October—2nd Saturday ...... Atlantic Intracoastal Water- All waters of the Atlantic Intracoastal Waterway within a way; Bogue Inlet, 300 yard radius of the fireworks launch site at lati- Swansboro, NC; Safety tude 34°41′02″ N., longitude 077°07′04″ W., located Zone. at Bogue Inlet, near Swansboro, NC.

[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; 79 FR 42206, July 21, 2014; USCG–2014–1011, 80 FR 20430, Apr. 16, 2015]

§ 165.507 Security Zone; Chesapeake P. Lane Jr. Memorial Bridge, and 250 Bay, between Sandy Point and Kent yards south of the south (eastbound) Island, MD. span of the William P. Lane Jr. Memo- (a) Definitions. The ‘‘Captain of the rial Bridge, from the western shore at Port, Baltimore, Maryland’’ means the Sandy Point to the eastern shore at Commander, Coast Guard Sector Balti- Kent Island, Maryland. more, Maryland or any Coast Guard (c) Regulations. (1) All persons are re- commissioned, warrant, or petty offi- quired to comply with the general reg- cer who has been authorized by the ulations governing security zones Captain of the Port, Baltimore, Mary- found in § 165.33 of this part. land to act on his or her behalf. (2) Entry into or remaining in this (b) Location. The following area is a zone is prohibited unless authorized by security zone: All waters of the Chesa- the Coast Guard Captain of the Port, peake Bay, from the surface to the bot- Baltimore, Maryland. tom, within 250 yards north of the (3) Persons or vessels requiring entry north (westbound) span of the William into or passage through the security

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zone must first request authorization ulations governing security zones from the Captain of the Port, Balti- found in § 165.33 of this part. more to seek permission to transit the (2) Entry into or remaining in this area. The Captain of the Port, Balti- zone is prohibited unless authorized by more, Maryland can be contacted at the Coast Guard Captain of the Port, telephone number (410) 576–2693. The Baltimore, Maryland. Coast Guard vessels enforcing this sec- (3) Persons or vessels requiring entry tion can be contacted on VHF Marine into or passage through the security Band Radio, VHF channel 16 (156.8 zone must first request authorization MHz). Upon being hailed by a U.S. from the Captain of the Port, Balti- Coast Guard vessel by siren, radio, more to seek permission to transit the flashing light, or other means, the op- area. The Captain of the Port, Balti- erator of a vessel shall proceed as di- more, Maryland can be contacted at rected. If permission is granted, all per- telephone number (410) 576–2693. The sons and vessels must comply with the Coast Guard vessels enforcing this sec- instructions of the Captain of the Port, tion can be contacted on VHF Marine Baltimore, Maryland and proceed at Band Radio, VHF channel 16 (156.8 the minimum speed necessary to main- MHz). Upon being hailed by a U.S. tain a safe course while within the Coast Guard vessel by siren, radio, zone. flashing light, or other means, the op- (d) Enforcement. The U.S. Coast erator of a vessel shall proceed as di- Guard may be assisted in the patrol rected. If permission is granted, all per- and enforcement of the zone by Fed- sons and vessels must comply with the eral, State, and local agencies. instructions of the Captain of the Port, Baltimore, Maryland and proceed at (e) Enforcement period. This section the minimum speed necessary to main- will be enforced annually on the second tain a safe course while within the Sunday in November from 7 a.m. to 11 zone. a.m., and if necessary due to inclement (d) Enforcement. The U.S. Coast weather, on the third Sunday in No- Guard may be assisted in the patrol vember from 7 a.m. to 11 a.m. and enforcement of the zone by Fed- [USCG–2014–0296, 79 FR 49690, Aug. 22, 2014] eral, State, and local agencies. (e) Enforcement period. This section § 165.508 Security Zone; Georgetown will be enforced from 12:01 a.m. to 11:59 Channel, Potomac River, Wash- p.m. local time annually on July 4. ington, DC. [CGD05–06–105, 72 FR 15836, Apr. 3, 2007] (a) Definitions. (1) The Captain of the Port, Baltimore, Maryland means the § 165.509 Security Zone; Severn River Commander, Coast Guard Sector Balti- and College Creek, Annapolis, MD. more, Maryland or any Coast Guard (a) Definitions. For purposes of this commissioned, warrant, or petty offi- section, the Captain of the Port, Balti- cer who has been authorized by the more, Maryland means the Commander, Captain of the Port, Baltimore, Mary- Coast Guard Sector Baltimore, Mary- land to act on his or her behalf. land or any Coast Guard commissioned, (b) Location. The following area is a warrant, or petty officer who has been security zone: All waters of the George- authorized by the Captain of the Port, town Channel of the Potomac River, Baltimore, Maryland to act on his or from the surface to the bottom, 75 her behalf. yards from the eastern shore measured (b) Location. The following area is a perpendicularly to the shore, between security zone: All waters of the Severn the Long Railroad Bridge (the most River, from shoreline to shoreline, eastern bridge of the 5-span, Four- bounded by a line drawn from Horse- teenth Street Bridge Complex) to the shoe Point, at 38°59′47.6″ N, 076°29′33.2″ Theodore Roosevelt Memorial Bridge W; eastward across the Severn river to and all waters in between, totally in- a point located at 39°00′01.5″ N, cluding the waters of the Georgetown 076°29′08.5″ W; and a line drawn from Channel Tidal Basin. Biemans Point, at 38°59′14.4″ N, (c) Regulations. (1) All persons are re- 076°28′30.1″ W; westward across the Sev- quired to comply with the general reg- ern River to a point 38°59′03.5″ N,

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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 § 160.202 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: and River, Salem River, Christina (1) Notify the COTP at least 72 hours River, and Schuylkill River, in an area before the vessel enters or departs the bounded on the south by a line drawn regulated navigation area and at least across the entrance to the Delaware 12 hours before the vessel moves within Bay between Cape May Light and Har- the regulated navigation area. The no- bor of Refuge Light and then con- tice must include a report of the ves- tinuing to the northernmost extremity sel’s propulsion and machinery status of Cape Henlopen, and bounded on the and, for foreign flag vessels, the notice

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must include any outstanding defi- at anchor, no vessel may, without the ciencies identified by the vessel’s flag permission of the COTP: state or classification society; (i) Come or remain within 500 yards (2) Not enter, get or remain under- of the port or starboard side or within way within the regulated navigation 1,000 yards of the bow or stern of an un- area if visibility is or is expected to be derway vessel that is carrying dan- less than two (2) miles. If during the gerous cargo; or transit visibility becomes less than two (ii) Come or remain within 100 yards (2) miles, the vessel must seek safe an- of a moored or anchored vessel car- chorage and notify the COTP imme- rying dangerous cargo. diately; (2) The master, owner, or operator of (3) Not anchor in any area within the any vessel receiving permission under regulated navigation area unless in paragraph (g)(1) of this section shall: times of emergency or with COTP per- (i) Maintain a continuous radio guard mission; on VHF-FM channels 13 and 16; (4) Not transfer dangerous cargo (ii) Operate at ‘‘no wake’’ speed or while the vessel is at anchor or bun- the minimum speed needed to maintain kering; steerage; and (5) Maintain a manned watch in the (iii) Proceed as directed by the steering compartment whenever the COTP. vessel is underway within the regu- (3) No vessel may overtake a vessel lated navigation area unless the vessel carrying dangerous cargoes unless the has two separate and independent overtaking can be completed before steering control systems with dupli- reaching any bend in the channel. Be- cate pilothouse steering gear control fore any overtaking, the pilots, mas- systems which meet the requirements ters or operators of both the over- of 46 CFR 58.25–70; taking vessel and the vessel being over- (6) When anchored within the regu- taken must clearly agree on the cir- lated navigation area and: cumstances of the overtaking, includ- (i) Sustained winds are greater than ing vessel speeds, time and location of 25 knots but less than 40 knots, ensure overtaking. the main engines are ready to provide (h) Additional restrictions above the full power in five minutes or less; and C&D Canal. When operating on the (ii) Sustained winds are 40 knots or Delaware River above the C&D Canal: over, ensure that the main engines are (1) A vessel carrying dangerous cargo on line to immediately provide propul- must be escorted by at least one com- sion; mercial tug; and (7) While moored within the regu- (2) Meeting situations shall be avoid- lated navigation area, ensure that at ed on river bends to the maximum ex- least two wire cable mooring lines tent possible. (firewarps) are rigged and ready for use (i) The COTP will issue a Broadcast as emergency towing hookups fore and Notice to Mariners to inform the ma- aft on the outboard side of the vessel; rine community of scheduled vessel (8) While underway or anchored with- movements during which the restric- in the regulated navigation area, en- tions imposed by paragraphs (g) and (h) sure that at least two wire cable moor- of this section will be in effect. ing lines (firewarps) are rigged and ready for use as emergency towing [CGD 05–96–010, 62 FR 40275, July 28, 1997, as amended by USCG–2000–7223, 65 FR 40058, hookups fore and aft on the vessel; and, June 29, 2000; USCG–2005–21869, 80 FR 5336, (9) Proceed as directed by the COTP. Jan. 30, 2015] (g) Requirements for vessels operating in the vicinity of a vessel carrying dan- § 165.511 Security Zone; Atlantic gerous cargoes. (1) Except for a vessel Ocean, Chesapeake & Delaware that is attending a vessel carrying dan- Canal, Delaware Bay, Delaware gerous cargo with permission from the River and its tributaries. master of the vessel carrying dan- (a) Location. A 500-yard radius around gerous cargo or a vessel that is an- escorted passenger vessels in the Cap- chored or moored at a marina, wharf, tain of the Port, Delaware Bay zone as or pier, and which remains moored or defined in 33 CFR 3.25–05.

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(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, Northwest and Inner Harbors, Bal- so orders. 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. their ability to maneuver to pass with- (c) Regulations. (1) The general regu- in the 100 yards of the passenger vessel lations governing safety zones, found in order to ensure safe passage in ac- in § 165.23, apply to the safety zone de- cordance with the Navigation Rules as scribed in paragraph (b) of this section. seen in 33 CFR chapter I, subchapters D (2) With the exception of USS CON- and E; and STELLATION ‘‘turn-around’’ partici- (2) Permit vessels constrained by pants, entry into or remaining in this their navigational draft or restricted in zone is prohibited, unless authorized by

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the Captain of the Port, Baltimore, (1) Captain of the Port Baltimore Maryland. means the Commander, U.S. Coast (3) Persons or vessels requiring entry Guard Sector Baltimore, Maryland. into or passage through the moving (2) Designated representative means safety zone must first request author- any Coast Guard commissioned, war- ization from the Captain of the Port, rant, or petty officer who has been au- Baltimore, Maryland to seek permis- thorized by the Captain of the Port sion to transit the area. The Captain of Baltimore to assist in enforcing the the Port, Baltimore, Maryland can be safety zone described in paragraph (a) contacted at telephone number (410) of this section. 576–2693. The Coast Guard vessels en- (c) Regulations. (1) All persons are re- forcing this section can be contacted quired to comply with the general reg- on Marine Band Radio VHF Channel 16 ulations governing safety zones found (156.8 MHz). Upon being hailed by a in 33 CFR 165.23. 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, (5) The operator of any vessel enter- Mar. 5, 2013] ing or located within this safety zone § 165.513 Safety Zone; Magothy River, shall: Sillery Bay, MD. (i) Travel at no-wake speed, (ii) Stop the vessel immediately upon (a) Regulated area. The following area being directed to do so by any commis- is a safety zone: All waters of the Mag- sioned, warrant or petty officer on othy River, in Sillery Bay, contained board a vessel displaying a Coast Guard within lines connecting the following Ensign, and positions: From position latitude (iii) Proceed as directed by any com- 39°04′40″ N, longitude 076°27′44″ W; missioned, warrant or petty officer on thence to position latitude 39°04′48″ N, board a vessel displaying a Coast Guard longitude 076°27′19″ W; thence to posi- Ensign. tion latitude 39°04′59″ N, longitude (d) The U.S. Coast 076°27′45″ W; thence to position latitude Enforcement. Guard may be assisted in the patrol 39°04′59″ N, longitude 076°28′01″ W; and enforcement of the safety zone by thence to position latitude 39°04′41″ N, any Federal, State, and local agencies. longitude 076°27′51″ W; thence to the point of origin at position latitude (e) Enforcement period. This section 39°04′40″ N, longitude 076°27′44″ W. All will be enforced from 8 a.m. until 10 coordinates reference Datum NAD 1983. p.m. on the fourth Saturday in July an- nually. (b) Definitions. As used in this sec- tion: [USCG–2012–0001, 77 FR 24840, Apr. 26, 2012]

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§ 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 [CGD 05–98–38, 63 FR 58636, Nov. 2, 1998, as days where firing exercises are sched- amended by USCG–2000–7223, 65 FR 40058, uled, and will be removed at the end of June 29, 2000; CGD05–03–167, 69 FR 41946, July the firing exercise. 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 (a) Location. The following area is a before weapons are fired. safety zone: (c) General information—(1) Announce- (1) The waters of the Cape Fear River ments. The COTP North Carolina will bounded by a line connecting the fol- announce the specific times and loca- lowing points: tions of firing exercises by Broadcast Latitude Longitude Notice to Mariners and Local Notice to Mariners. Normally, weapons firing for 34°14′12″ N 77°57′10″ W 34°14′12″ N 77°57′06″ W each firing exercise is limited to a two 34°13′54″ N 77°57′00″ W nautical mile portion of the safety 34°13′54″ N 77°57′06″ W zone. The COTP may issue general per- mission to transit all or specified parts (2) The safety zone boundary can be of the safety zone outside of the actual described as follows: starting at the firing area or if firing is temporarily stern of the Battleship USS NORTH stopped. This general permission will CAROLINA, across the Cape Fear River be announced in a Local Notice to to the north end of the Coast Guard Mariners and Broadcast Notice to moorings, down along the east bank of Mariners. the Cape Fear River to the bow of the (2) Camp Lejeune artillery operations. tug CAPTAIN JOHN TAXIS Memorial Artillery weapons firing over the AICW (Chandler’s Wharf), back across the

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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. contacted at telephone number (877) (3) State and/or local law enforce- 229–0770 or (910) 772–2200. The Coast ment asset displaying the applicable Guard Patrol Commander and the sen- agency markings and or equipment as- ior boarding officer on each vessel en- sociated with the agency. forcing the safety zone can be con- State and/or local law enforcement offi- tacted on VHF-FM channels 16 and 81. cers means any State or local govern- (d) Regulation. Except for persons or ment law enforcement officer who has vessels authorized by the Coast Guard authority to enforce State criminal Patrol Commander, no person or vessel laws. may enter or remain in the regulated (b) Location. The following area is a area. security zone: 500-yard radius around (1) The operator of any vessel in the escorted vessels in the navigable immediate vicinity of this safety zone waters of the Fifth Coast Guard Dis- shall: trict as defined in 33 CFR 3.25–1, from (i) Stop the vessel immediately upon surface to bottom. being directed to do so by any commis- (c) Regulations. (1) No vessel may ap- sioned, warrant, or petty officer on proach within 500 yards of an escorted board a vessel displaying a Coast Guard vessel within the navigable waters of Ensign. the Fifth Coast Guard District, unless (ii) Proceed as directed by any com- traveling at the minimum speed nec- missioned, warrant, or petty officer on essary to navigate safely. board a vessel displaying a Coast Guard (2) No vessel may enter within a 100- Ensign. yard radius of an escorted vessel within (2) Any spectator vessel may anchor the navigable waters of the Fifth Coast outside of the regulated area specified Guard District, without approval from in paragraph (a) of the section, but the District Commander, Captain of may not block a navigable channel. the Port or their designated represent- (e) Effective date. The Captain of the atives. Port will issue a Marine Safety Infor- (3) Moored or anchored vessels, which mation Broadcast and a Notice to are overtaken by a moving zone, must Mariners to notify the public when this remain stationary at their location section is in effect. until the escorted vessel maneuvers at [59 FR 33200, June 28, 1994, as amended by least 500 yards past. USCG–2000–7223, 65 FR 40059, June 29, 2000; (4) Vessels restricted in their ability USCG–2011–0368, 76 FR 26605, May 9, 2011] to maneuver may request permission of the District Commander, Captain of § 165.518 Security Zone; Waters of the the Port or designated representative Fifth Coast Guard District. to enter the security zone in order to (a) Definitions. As used in this sec- ensure safe passage in accordance with tion— the Navigation Rules in 33 CFR chapter Designated Representative means any I, subparts D and E. U.S. Coast Guard commissioned, war- (5) The local COTP may notify the rant or petty officer who has been au- maritime and general public by marine thorized by the District Commander or information broadcast of the periods local Captain of the Port (COTP), as during which individual security zones

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have been activated by providing no- paragraph (a) of this section and the tice in accordance with 33 CFR 165.7. following regulations, apply. (6) When moored, a security zone (2) Operation of vessels of certain around an escorted vessel may also be characteristics in this RNA will be pro- enforced by Coast Guard, State or hibited by the Captain of the Port Local law enforcement personnel (COTP) or designated representative in shoreside. order to safeguard people and vessels (7) Persons desiring to transit within from the hazards associated with 100 yards of an escorted vessel in the shoaling and the Herbert C. Bonner Fifth Coast Guard District must con- Bridge from the potential catastrophic tact the local Captain of the Port on structural damage that could occur VHF channel 16 (156.800 MHz), VHF from a vessel bridge strike. The COTP channel 13 (156.650 MHz) or at telephone or designated representative will numbers: evaluate local marine environmental Philadelphia: (215) 271–4807 conditions prior to issuing restrictions Baltimore: (410) 576–2693 regarding vessel navigation. Factors Hampton Roads: (757) 668–5555 or (757) 484– that will be considered include, but are 8192 not limited to: Hydrographic survey North Carolina: (877) 229–0770 or (910) 772–2200 data, vessel characteristics such as dis- (8) If permission is granted to transit placement, tonnage, length and draft, within 100 yards of an escorted vessel, current weather conditions including all persons and vessels must comply visibility, wind, sea state, and tidal with the instructions of the District currents. Commander, Captain of the Port or (3) The Coast Guard will notify the their designated representative. public of restrictions via Local Notice to Mariners, Broadcast Notice to Mari- [CGD05–04–171, 70 FR 11551, Mar. 9, 2005, as amended by USCG–2011–0368, 76 FR 26605, ners, and via other methods described May 9, 2011] in 33 CFR 165.7. Additionally, Coast Guard personnel may be on-scene to § 165.520 Regulated Navigation Area; advise the public of enforcement of any Herbert C. Bonner Bridge, Oregon restrictions on vessel navigation with- Inlet, NC. in the RNA. (a) Regulated area. The following area (4) In accordance with the general is a Regulated Navigation Area (RNA): regulations, entry into, anchoring, or All navigable waters of Oregon Inlet, movement within the RNA, during pe- North Carolina within 100 yards under riods of enforcement, is prohibited un- or surrounding any portion of the Her- less authorized by the Captain of the bert C. Bonner Bridge. Port (COTP) or the COTP’s on-scene (b) Definitions. As used in this sec- designated representative. The ‘‘on- tion: scene designated representative’’ of the (1) Captain of the Port means the Cap- COTP is any Coast Guard commis- tain of the Port (COTP) North Caro- sioned, warrant or petty officer who lina. has been designated by the COTP to (2) Captain of the Port Representative act on the COTP’s behalf. The on-scene means any Coast Guard commissioned, representative may be on a Coast warrant, or petty officer who has been Guard vessel; State agency vessel, or authorized by the Captain of the Port other designated craft; or may be on North Carolina to act as a designated shore and will communicate with ves- representative of the COTP. sels via VHF–FM marine band radio or (3) Official patrol vessel means any loudhailer. Members of the Coast Coast Guard, Coast Guard Auxiliary, Guard Auxiliary may be present to as- state, or local law enforcement ves- sist COTP representatives with notifi- sel(s) assigned and authorized by COTP cation of vessel operators regarding the North Carolina. contents of this regulation. (c) Regulations. (1) The general regu- (5) Any deviation from paragraph lations governing Regulated Naviga- (c)(4) of this section due to extreme cir- tion Areas found in 33 CFR 165.10, cumstances must be authorized by the 165.11, and 165.13, including the Regu- Coast Guard District Commander, the lated Navigation Area described in Captain of the Port (COTP) or the

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COTP’s designated representative. Ves- (2) The Captain of the Port may au- sels granted permission to transit the thorize and designate any Coast Guard RNA must do so in accordance with the commissioned, warrant, or petty offi- directions provided by the COTP or cer to act on his behalf in enforcing COTP representative to that vessel. To this safety zone. request permission to transit the regu- (3) Sector North Carolina will notify lated navigation area, the COTP or the maritime community of periods COTP representative can be contacted during which this safety zone will be in at Coast Guard Sector North Carolina, effect by providing advance notice of telephone number (910) 343–3880, or on scheduled arrivals and departures of VHF–FM marine band radio channel 13 loaded hazardous materials vessels via (165.65MHz) or channel 16 (156.8 MHz). a marine Broadcast Notice to Mariners. During periods of enforcement, all per- (c) Regulation. The general regula- sons and vessels given permission to tions governing safety zones contained enter or transit within the RNA must in § 165.23 apply. comply with the instructions of the [COTP Wilmington, NC 94–004, 59 FR 42759, COTP or designated representative. Aug. 19, 1994, as amended by USCG–2000–7223, Upon being hailed by an official patrol 65 FR 40059, June 29, 2000; USCG–2011–0368, 76 vessel by siren, radio, flashing-light, or FR 26605, May 9, 2011] other means, the operator of a vessel must proceed as directed. § 165.535 Safety Zone: Atlantic Ocean, (d) Enforcement. The Coast Guard Vicinity of Cape Henlopen State may be assisted in the patrol and en- Park, Delaware. forcement of the Regulated Navigation (a) Location. The following area is a Area by other Federal, State, and local safety zone: All waters of the Atlantic agencies. The COTP may impose addi- Ocean within the area bounded by a tional requirements within the RNA line drawn north from the tip of Cape due to unforeseen changes to shoaling Henlopen located at latitude 38°48.2′ N, of Oregon Inlet or structural integrity longitude 75°05.5′ W, to a point located of the Herbert C. Bonner Bridge. at latitude 38°49.4′ N, longitude 75°05.5′ (e) Notification. The Coast Guard will W; thence east to a point located at rely on the methods described in 33 latitude 38°49.4′ N, longitude 75°01.4′ W; CFR 165.7 to notify the public of the thence south to a point located at lati- date, time and duration of any closure tude 38°43.0′ N, longitude 75°01.4′ W; of the RNA. Violations of this RNA thence west to a point on the shoreline may be reported to the COTP at (910) located at latitude 38°43.0′ N, longitude 343–3880 or on VHF–FM channel 16. 75°04.5′ W; thence north following the shoreline, to a point located at latitude [USCG–2014–0987, 79 FR 75054, Dec. 17, 2014] 38°48.2′ N, longitude 75°05.5′ W. All co- ordinate refer to Datum: NAD 1983. § 165.530 Safety Zone: Cape Fear and (b) Regulation. The general regula- Northeast Cape Fear Rivers, NC. tions governing safety zones contained (a) Location. The following area is a in § 165.23 apply. Vessels may not enter moving safety zone during the specified the safety zone without first obtaining conditions: The waters of the Cape permission from the Captain of the Fear and Northeast Cape Fear Rivers Port (COTP) Delaware Bay. for 500 yards ahead and astern, and 75 (c) Dates. This section is enforced an- yards abeam of a vessel carrying haz- nually on the second Saturday in May ardous materials when designated by and the following day. the Captain of the Port, North Caro- (d) General information. (1) Those lina. times during which hazardous condi- (b) General Information. (1) The Cap- tions exist inside the safety zone will tain of the Port and the Command be announced by Broadcast Notice to Duty Officer at Sector North Carolina Mariners. General permission to enter can be contacted at telephone number the safety zone will be broadcast dur- (877) 229–0770 or (910) 772–2200. The Coast ing non-hazardous times. Guard Patrol Commander enforcing the (2) You can gain access to the safety safety zone can be contacted on VHF- by calling Sector Field Office Atlantic FM channels 16 and 81. City command center at telephone

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number (609) 677–2222 and on VHF chan- Blast site means the area where explo- nel 13 or 16. sive material is handled during load- (3) The COTP Delaware Bay may au- ing, including the perimeter formed by thorize and designate any Coast Guard the loaded blast holes and fifty (50) feet commissioned, warrant, or petty offi- (15.2 meters) in all directions from cer to act on his behalf in enforcing loaded holes. this safety zone. Blasting operations means the detona- 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 Fear River, Wilmington, North the Port Zone as described in 33 CFR Carolina. 3.25–20. 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

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Horseshoe Shoal Channel (mile 6.5, ap- (ii) Anchorage Basin work area is lo- proximately 1,150 feet downstream of cated immediately upstream of the Big Cape Fear River Channel Lighted Buoy Island contract work area. The work 25 (LL 30530/39965)). Upstream end of area includes: Part of Lower Brunswick the work area is located at the inter- Channel, Fourth East Jetty Channel, section of Horseshoe Shoal Channel Between Channel, and Anchorage Basin and Reaves Point Channel (mile 7.7, at Channel. Downstream end of Anchor- about Cape Fear River Channel Lighted age Basin work area is approximately Buoy 27 (LL 30550/39945)). 2,680 feet upstream of intersection of (3) Big Island. The work area in- Upper Big Island Channel and Lower cludes: Part of Keg Island Channel, Brunswick Channel (mile 18.7, approxi- Lower Big Island Channel, Upper Big mately 1,620 feet upstream of Cape Island Channel, and part of Lower Fear River Channel Lighted Buoy 56 Brunswick Channel. Downstream end (LL 30830) and approximately 590 feet of the work area is approximately 2,230 downstream of the CP&L overhead feet upstream of the intersection of power line crossing). Upstream end of Upper Lilliput Channel and Keg Island Anchorage Basin work area is the Cape Channel (mile 16.2, approximately 1,320 Fear Memorial Bridge (mile 23.6). feet downstream of Cape Fear River (5) Northeast Cape Fear River. The Channel Lighted Buoy 46 (LL 30765) and downstream end of the work area is the approximately 2,300 feet upstream of Cape Fear Memorial Bridge (mile 23.6). Cape Fear River Channel Lighted Buoy Upstream end of the work area (ap- 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- (2) Active work areas, control ves- land Contract. sels, and blast sites will be identified (i) Passing Lane work area is located via Broadcast Notices to Mariners or immediately downstream of the Big Is- Local Notices to Mariners. The Local land contract work area. The work Notice to Mariners is available on-line area includes: Reaves Point Channel, at www.navcen.uscg.gov/lnm/d5/. Control Lower Midnight Channel, Upper Mid- vessels shall monitor channel 16 VHF- night Channel, Lilliput Channel, and FM. part of Keg Island Channel. Down- (3) The following requirements apply stream end of Passing Lane work area to all vessels. is the intersection of Horseshoe Shoal (i) All vessels shall inform them- Channel and Reaves Point Channel selves of the active work areas prior to (mile 7.7, at about Cape Fear River entering the RNA. Channel Lighted Buoy 27 (LL 30550/ (ii) All vessels shall contact and re- 39945)). Upstream end of the Passing ceive permission from the control ves- Lane work area is approximately 2,230 sel for that work area before entering feet upstream of intersection of Upper the active work area. Lilliput Channel and Keg Island Chan- (iii) All vessels transiting an active nel (mile 16.2, approximately 1,320 feet work area shall do so at no wake speed downstream of Cape Fear River Chan- or the minimum speed necessary to nel Lighted Buoy 46 (LL 30765) and ap- maintain steerage. proximately 2,300 feet upstream of Cape (iv) During blasting operations all Fear River Channel Lighted Buoy 44 vessels are prohibited from entering an (LL 30750)). area of 500 yards surrounding the blast

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site. Upon notification of a misfire or § 165.552 Security Zone; Oyster Creek hangfire, all vessels underway in the Generation Station, Forked River, RNA shall proceed to clear the active Ocean County, New Jersey. work area in which the misfire or (a) Location. The following area is a hangfire occurred. security zone: Starting at the south (4) Vessels over 300 gross tons and branch of the Forked River in the vi- tugs with tows are required to contact cinity of the Oyster Creek Generation the COTP 12 hours before vessel move- Station, bounded by a line beginning at ment within the RNA. 39°49′12.0″ N, 074°12′13.0″ W; thence to (5) Vessels meeting the notice of ar- 39°48′39.7″ N, 074°12′0″ W; along the rival requirements under 33 CFR 160.207 shoreline, thence to 39°48′40.0″ N, are encouraged to notify the COTP at 074°12′0.3″ W; thence to 39°49′11.8″ N, least 48-hours before the vessel enters 074°12′10.5″ W; thence back along the the RNA to facilitate scheduling and shoreline to the beginning point. All minimize delays. Updates are encour- coordinates reference Datum: NAD aged at least 12 hours before arriving 1983. at the RNA boundaries. The COTP may (b) Regulations. (1) All persons are re- delay entry into the RNA to accommo- quired to comply with the general reg- date other commercial traffic. ulations governing security zones in (6) Vessels of 300 gross tons or greater § 165.33 of this part. shall be prohibited from entering the (2) No person or vessel may enter or RNA when they are advised that a mis- navigate within this security zone un- fire or hangfire has occurred. less authorized to do so by the Coast (7) For any vessel with another ves- Guard or designated representative. sel/barge in tow transiting an active Any person or vessel authorized to work area, the hawser or wire length of enter the security zones must operate the tow shall not exceed 275 feet, meas- in strict conformance with any direc- ured from the towing bit on the tug to tions given by the Coast Guard or des- the point where the hawser or wire ignated representative and leave the connects with the towed vessel or security zone immediately if the Coast barge. Guard or designated representative so (8) Vessels of 300 gross tons or greater orders. and tugs with tows, shall, prior to en- (3) The Coast Guard or designated tering the RNA, ensure that they have representative enforcing this section sufficient propulsion and directional can be contacted on VHF Marine Band control to safely navigate the RNA Radio, channels 13 and 16. The Captain under the prevailing conditions. of the Port can be contacted at (215) (9) Vessels of 300 gross tons or greater 271–4807. and tugs with tows are prohibited from (4) The Captain of the Port will no- meeting or overtaking vessels of 300 tify the public of any changes in the gross tons or greater or tugs with tows status of this security zone by Marine in active work areas or within one nau- Safety Radio Broadcast on VHF-FM tical mile of an active work area. marine band radio, channel 22 (157.1 (10) The Captain of the Port, North MHZ). Carolina may, upon written request, (c) Definitions. For the purposes of authorize a deviation from any regula- this section, Captain of the Port means tion in this section if it is found that the Commanding Officer of the Coast the proposed operations can be done Guard Sector Delaware Bay, or any safely. An application for deviation Coast Guard commissioned, warrant, or must be received not less than 48 hours petty officer who has been authorized before intended operation and must by the Captain of the Port to act as a state the need and describe the pro- designated representative on his be- posal. half. [CGD05–01–006, 66 FR 39099, July 27, 2001, as [CGD05–03–111, 69 FR 5284, Feb. 4, 2004] amended by USCG–2011–0368, 76 FR 26605, May 9, 2011]

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§ 165.553 Security Zone; Salem and § 165.554 Security Zone; Three Mile Is- Hope Creek Generation Stations, land Generating Station, Susque- Delaware River, Salem County, New hanna River, Dauphin County, Jersey. Pennsylvania. (a) Location. The following area is a (a) Location. The following area is a security zone: the waters of the Dela- security zone: the waters of the Sus- ware River in the vicinity of the Salem quehanna River in the vicinity of the and Hope Creek Generation Stations Three Mile Island Generating Station bounded by a line beginning at bounded by a line drawn from a point ° ′ ″ ° ′ ″ ° ′ ″ ° ′ ″ 40 09 14.74 N, 076 43 40.77 W; thence to located at 39 28 08.0 N, 075 32 31.7 W to 40°09′14.74″ N, 076°43′42.22″ W, thence to ° ′ ″ ° ′ ″ 39 28 06.5 N, 075 32 47.4 W, thence to 40°09′16.67″ N, 076°43′42.22″ W, thence to ° ′ ″ ° ′ ″ 39 27 28.4 N, 075 32 15.8 W, thence to 40°09′16.67″ N, 076°43′40.77″ W; thence 39°27′28.8″ N, 075°31′56.6″ W, thence to back to the beginning point 40°09′14.74″ 39°27′39.9″ N, 075°31′51.6″ W, thence along N, 076°43′40.77″ W. All coordinates ref- the shoreline to the point of 39°28′08.0″ erence Datum: NAD 1983. N, 075°32′31.7″ W. All coordinates ref- (b) Regulations. (1) All persons are re- erence Datum: NAD 1983. quired to comply with the general reg- (b) Regulations. (1) All persons are re- ulations governing security zones in quired to comply with the general reg- § 165.33 of this part. ulations governing security zones in (2) No person or vessel may enter or § 165.33 of this part. navigate within this security zone un- (2) No person or vessel may enter or less authorized to do so by the Coast navigate within this security zone un- Guard or designated representative. Any person or vessel authorized to less authorized to do so by the Coast enter the security zone must operate in Guard or designated representative. strict conformance with any directions Any person or vessel authorized to given by the Coast Guard or designated enter the security zones must operate representative and leave the security in strict conformance with any direc- zone immediately if the Coast Guard or tions given by the Coast Guard or des- designated representative so orders. ignated representative and leave the (3) The Coast Guard or designated security zone immediately if the Coast representative enforcing this section Guard or designated representative so can be contacted on VHF Marine Band orders. Radio, channels 13 and 16. The Captain (3) The Coast Guard or designated of the Port can be contacted at (215) representative enforcing this section 271–4807. The Security Manager at can be contacted on VHF Marine Band Three Mile Island can be contacted at Radio, channels 13 and 16. The Captain (717) 948–8208 or (717) 948–8039. of the Port can be contacted at (215) (4) The Captain of the Port will no- 271–4807. tify the public of any changes in the 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 [CGD05–03–116, 69 FR 46103, Aug. 2, 2004] by the Captain of the Port to act as a designated representative on his be- § 165.555 Safety Zone; Delaware River. half. (a) Definition. As used in this section, [CGD05–03–113, 69 FR 5279, Feb. 4, 2004] Captain of the Port means the Com- mander of Sector Delaware Bay or any

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Coast Guard commissioned, warrant or the regulated navigation area de- petty officer who has been authorized scribed in paragraph (a) of this section. by the Captain of the Port to act on his (1) All vessels and persons are prohib- behalf. The Captain of the Port may be ited from entering and accessing this contacted by telephone at (215) 271–4807 regulated navigation area, except as or via VHF marine band radio, channel authorized by the District Commander 16. or his or her designated representative. (b) Location. The following area is a (2) Persons or vessels requiring entry safety zone: All waters located within a into or passage within the regulated 150-yard radius around the dredging op- navigation area must request author- eration and barge, conducting dredging ization from the District Commander operations in or near the Marcus Hook or his or her designated representative, Range in the vicinity of Anchorage 7. by telephone at (410) 576–2693 or by ma- (c) Enforcement. This safety zone will rine band radio on VHF–FM Channel 16 be enforced annually beginning on Sep- (156.8 MHz), from 12:01 a.m. until 11:59 tember 1 through December 31. p.m. on the last Saturday in June, an- (d) Regulations. (1) All persons are re- nually. All Coast Guard vessels enforc- quired to comply with the general reg- ing this regulated navigation area can ulations governing safety zones in 33 be contacted on marine band radio CFR 165.23 of this part. VHF–FM Channel 16 (156.8 MHz). (2) All Coast Guard vessels enforcing (3) The operator of any vessel enter- this safety zone or watch officers ing or located within this regulated aboard the Dredge and Barge can be navigation area shall: contacted on VHF marine band radio, (i) Travel at no-wake speed, channel 16. The Captain of the Port (ii) Stop the vessel immediately upon may be contacted by telephone at (215) being directed to do so by any commis- 271–4807 or via VHF marine band radio, sioned, warrant or petty officer on channel 16. board a vessel displaying a Coast Guard Ensign, and [CGD05–04–035, 70 FR 40887, July 15, 2005] (iii) Proceed as directed by any com- 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, war- rant, or petty officer who has been au- § 165.T07–0040, Safety Zone; Cooper thorized by the Commander, Fifth River Bridge Run, Charleston, SC. Coast Guard District, to act on his or (a) Regulated area. The rule estab- her behalf, or his or her designated rep- lishes a safety zone on certain waters resentative. of the Cooper River, and Town Creek (c) Regulations. The general regula- Reaches, South Carolina. The safety tions governing regulated navigation zone will consist of a regulated area areas, found in 33 CFR 165.13, apply to which will be enforced from 7:30 a.m.

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until 10:30 a.m. on March 28, 2015. The The Xterra Swim race consists of an safety zone would create a regulated 800 yard swim loop with approximately area that will encompass a portion of 150 swimmers. All coordinates are the waterway. All waters of the Cooper North American Datum 1983. River, and Town Creek Reaches encom- (b) Definition. The term ‘‘designated passed within the following points: representative’’ means Coast Guard Pa- 32°48′32″ N./079°56′08″ W., 32°48′20″ N./ trol Commanders, including Coast 079°54′20″ W., 32°47′20″ N./079°54′29″ W., Guard coxswains, petty officers, and 32°47′20″ N./079°55′28″ W. All coordinates other officers operating Coast Guard are North American Datum 1983. vessels, and Federal, state, and local (b) Definition. The term ‘‘designated officers designated by or assisting the representative’’ means Coast Guard Pa- Captain of the Port Charleston in the trol Commanders, including Coast enforcement of the regulated area. Guard coxswains, petty officers, and (c) Regulations. (1) All persons and other officers operating Coast Guard vessels are prohibited from entering, vessels, and Federal, state, and local transiting through, anchoring in, or re- officers designated by or assisting the maining within the regulated area un- Captain of the Port Charleston in the less authorized by the Captain of the enforcement of the regulated area. Port Charleston or a designated rep- (c) Regulations. (1) All persons and resentative. vessels are prohibited from entering, (2) Persons and vessels desiring to transiting through, anchoring in, or re- enter, transit through, anchor in, or re- maining within the regulated area un- main within the regulated area may less authorized by the Captain of the contact the Captain of the Port Port Charleston or a designated rep- Charleston by telephone at 843–740–7050, resentative. or a designated representative via VHF (2) Persons and vessels desiring to radio on channel 16, to request author- enter, transit through, or remain with- ization. If authorization to enter, tran- in the regulated area may contact the sit through, anchor in, or remain with- Captain of the Port Charleston by tele- in the regulated area is granted by the phone at 843–740–7050, or a designated Captain of the Port Charleston or a representative via VHF radio on chan- designated representative, all persons nel 16, to request authorization. If au- and vessels receiving such authoriza- thorization to enter, transit through, tion must comply with the instructions or remain within the regulated area is of the Captain of the Port Charleston granted by the Captain of the Port or a designated representative. Charleston or a designated representa- (3) The Coast Guard will provide no- tive, all persons and vessels receiving tice of the regulated area by Local No- such authorization must comply with tice to Mariners, Broadcast Notice to the instructions of the Captain of the Mariners, and on-scene designated rep- Port Charleston or a designated rep- resentatives. resentative. (d) Effective date. This rule is effec- (3) The Coast Guard will provide no- tive on May 4, 2014. This rule will be tice of the regulated area by Local No- enforced from 7:30 a.m. until 8:15 a.m. tice to Mariners, Broadcast Notice to on Sunday, May 4, 2014. Mariners, and on-scene designated rep- resentatives. [USCG–2014–0161, 79 FR 22414, Apr. 22, 2014] (d) Enforcement date. This rule will be § 165.T07–0434 Safety Zone; salvage enforced from 7:30 a.m. until 10:30 a.m. and recovery of CSS Georgia and on March 28, 2015. recovery and transit of unexploded [USCG–2015–0040, 80 FR 11127, Mar. 2, 2015] ordnance, Savannah River, Savan- nah, GA. § 165.T07–0161 Safety Zone; Xterra (a) Regulated area. The fixed safety Swim, Myrtle Beach, SC. zone will be centered on BARGE (a) Regulated area. The following reg- SALONAN in approximate position 32– ulated area is a safety zone: All waters 05′02.6 N., 081–02′21.6 W. in vicinity of within the following two points of posi- Buoy 52A, while moored and con- tion and the North shore: 33°45′02″ N, ducting dive and salvage operations, 78°50′53″ W to 33°45′11″ N, 78°50′32″ W. extending 100 yards in all directions.

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The moving safety zone will cover all are a security zone—The perimeter of waters of the Savannah River 500 feet the Cape Canaveral Barge Canal and ahead and astern of the United States the at 28°24′33″ N., Navy small boat while loading and 80°39′48″ W.; then due west along the transferring unexploded ordnance to northern shoreline of the barge canal the designated shore side site. for 1,300 yards; then due north to (b) Definition. The term ‘‘designated 28°28′42″ N., 80°40′30″ W., on Merritt Is- representative’’ means Coast Guard Pa- land. From this position, the line pro- trol Commanders, including Coast ceeds irregularly to the eastern shore- Guard coxswains, petty officers, and line of the Indian River to a position other officers operating Coast Guard 1,300 yards south of the NASA Cause- vessels, and Federal, state, and local way at 28°30′54″ N., 80°43′42″ W. (the line officers designated by or assisting the from the barge canal to the eastern Captain of the Port Savannah in the shoreline of the Indian River is marked enforcement of the regulated area. by a three-strand barbed-wire fence), (c) Regulations. (1) All persons and then north along the shoreline of the vessels are prohibited from entering, Indian River to the NASA Causeway at transiting through, anchoring in, or re- 28°31′30″ N., 80°43′48″ W. The line con- maining within the safety zones unless tinues west on the southern shoreline authorized by the Captain of the Port of the NASA Causeway to NASA Gate 3 Savannah or a designated representa- (permanent), then north to the north- tive. ern shoreline of the NASA Causeway (2) Persons or vessels desiring to and east on the northern shoreline of enter, transit through, anchor in, or re- the causeway back to the shoreline on main within the safety zones may con- Merritt Island at position 28°31′36″ N., tact the Captain of the Port Savannah 80°43′42″ W., then northwest along the by telephone at (912) 652–4353, or a des- ° ′ ″ ° ′ ″ ignated representative via VHF radio shoreline to 28 41 01.2 N., 80 47 10.2 W. on channel 16, to request authoriza- (Blackpoint); then due north to chan- tion. If authorization to enter, transit nel marker #6 on the Intracoastal Wa- through, anchor in, or remain within terway (ICW), then northeast along the the safety zone is granted by the Cap- southern edge of the ICW to the west- tain of the Port Savannah or a des- ern entrance to the . ignated representative, all persons and From this point, the line continues vessels receiving such authorization northeast along the southern edge of must comply with the instructions of the Haulover Canal to the eastern en- the Captain of the Port Savannah or a trance to the canal; then due east to a designated representative. point in the Atlantic Ocean 3 miles off- (3) The Coast Guard will provide no- shore at 28°44′42″ N., 80°37′51″ W.; then tice of the regulated areas by Broad- south along a line 3 miles from the cast Notice to Mariners and on-scene coast to Wreck Buoy ‘‘WR6’’, then to designated representatives. Port Canaveral Channel Lighted Buoy (d) Effective period. This rule is effec- 10, then west along the northern edge tive on June 22, 2015 through October 1, of the Port Canaveral Channel to the 2015. The stationary zone will be en- northeast corner of the intersection of forced during dive and salvage oper- the Cape Canaveral Barge Canal and ations. The moving zone will be en- the ICW in the Banana River at forced during transits of unexploded 28°24′36″ N., 80°38′42″ W. The line con- ordnance. tinues north along the east side of the Intracoastal Waterway to daymarker EFFECTIVE DATE NOTE: By USCG– ‘35’ thence North Westerly one quarter 2015ndash;0434, 80 FR 34061, June 15, 2015, temporaty § 165.T07–0434 was added, effective of a mile south of NASA Causeway from June 15, 2015 until Oct. 1, 2015. East (Orsino Causeway) to the shore- line on Merritt Island at position § 165.701 Vicinity, Kennedy Space Cen- 28°30.95′ N., 80°37.6′ W., then south along ter, Merritt Island, —secu- the shoreline to the starting point. rity zone. (b) The area described in paragraph (a) The water, land, and land and (a) of this section is closed to all ves- water within the following boundaries sels and persons, except those vessels

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and persons authorized by the Com- to 27°51.73′ N, 082°33.16′ W; thence to mander, Seventh Coast Guard District, 27°51.62′ N, 082°33.14′ W, closing off the or the COTP Jacksonville, Florida, Old Port Tampa Channel. whenever space vehicles are to be (iii) Sunshine Skyway Bridge, FL. All launched by the United States Govern- waters in Tampa Bay, from surface to ment from Cape Canaveral. bottom, in Cut ‘‘A’’ channel beneath (c) COTP Jacksonville, Florida, the bridge’s main span encompassed closes the security zone, or specific within the following points: 27°37.30′ N, portions of it, by means of locally pro- 082°39.38′ W; 27°37.13′ N, 082°39.26′ W; and mulgated notices. The closing of the the bridge structure columns, base and area is signified by the display of a red dolphins. This zone is specific to the ball from a 90-foot pole near the shore- line at approximately 28°35′00″ N., bridge structure and dolphins and does 80°34′36″ W., and from a 90-foot pole not include waters adjacent to the near the shoreline at approximately bridge columns or dolphins outside of 28°25′18″ N., 80°35′00″ W. Appropriate the bridge’s main span. Any vessel may Local Notices to Mariners will also be transit through this zone but, may not broadcast on 2670 KHZ. loiter, anchor, or conduct operations, including dredging, dive operation, sur- [CGD 79–034, 47 FR 29660, July 8, 1982, as veying, or maintenance, unless other- amended by CGD 7–82–10, 48 FR 11696, Mar. 21, 1983; USCG–1998–3799, 63 FR 35532, June 30, wise directed by the Captain of the 1998] Port. Anyone wanting to conduct these operations must submit a request via § 165.703 Security Zones; Tampa Bay: email to [email protected] or con- Big Bend, Boca Grande, Crystal tact the Sector Command Center after River, East Bay, Hillsborough Bay, MacDill Air Force Base, Manbirtee hours at 727.824.7506. Key, Old Port Tampa, Port Manatee, (iv) Manbirtee Key, Port of Manatee, Port Tampa, Port St. Petersburg, FL. All waters, from surface to bottom, Port Sutton, Rattlesnake, and surrounding, surrounding Manbirtee Weedon Island, FL. Key, Tampa Bay, FL extending 500 (a) Regulated areas. The following yards from the island’s shoreline, in all areas, denoted by coordinates fixed directions, not to include the Port using the North American Datum of Manatee Channel. 1983 (World Geodetic System 1984) are (v) MacDill Air Force Base, Tampa security zones: Bay, FL. All waters encompassed with- (1) Security zones for facilities and in the following coordinates: 27°51.88′ N, structures—(i) Rattlesnake, Tampa, FL. 082°29.31′ W; thence to 27°52.01′ N, All water, from surface to bottom, in 082°28.85′ W; thence to 27°51.48′ N, Old Tampa Bay east and south of the 082°28.17′ W; thence to 27°51.02′ N, waters encompassed within position 082°27.76′ W; thence to 27°50.72′ N, 27°53.32′ N, 082°32.05′ W; thence to 082°27.61′ W; thence to 27°50.33′ N, 27°53.38′ N, 082°32.05′ W, including on 082°27.59′ W; thence to 27°49.65′ N, land portions of Chemical Formulators 082°27.73′ W; thence to 27°49.34′ N, Chlorine Facility, where the fenced 082°27.79′ W; thence to 27°49.10′ N, area is bounded by a line connecting ° ′ ° ′ the following points: 27°53.21′ N, 082 27.88 W; thence to 27 48.88 N, ° ′ ° ′ 082°32.11′ W; thence to 27°53.22′ N, 082 28.10 W; thence to 27 48.76 N, ° ′ ° ′ 082°32.23′ W; thence to 27°53.25′ N, 082 28.54 W; thence to 27 48.87 N, ° ′ ° ′ 082°32.23′ W; thence to 27°53.25′ N, 082 29.44 W; thence to 27 49.06 N, 082°32.27′ W; thence to 27°53.29′ N, 082°30.39′ W; thence to 27°48.75′ N, 82°32.25′ W; thence to 27°53.30′ N, 082°31.17′ W; thence to 27°49.16′ N, 082°32.16′ W; thence to 27°53.21′ N, 082°32.41′ W; thence to 27°49.64′ N, 082°32.11′ W. 082°33.04′ W; thence to 27°49.95′ N, (ii) Old Port Tampa, Tampa, FL. All 082°32.75′ W; thence to 27°50.09′ N, waters, from surface to bottom, in Old 082°32.81′ W; thence to 27°50.56′ N, Tampa Bay encompassed within the 082°32.75′ W; thence to 27°50.71′ N, following points: 27°51.62′ N, 082°33.14′ 082°32.18′ W. W; thence to 27°51.71′ N, 082°32.5′ W; (vi) Piers, seawalls, and facilities, Port thence to 27°51.76′ N, 082°32.5′ W; thence of Tampa and Port Sutton, Tampa, FL.

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All waters, from surface to bottom, ex- thence to 28°56.79′ N, 082°45.13′ W; tending 50 yards from the shore, sea- thence to 28°57.32′ N, 082°41.92′ W. wall, and piers around facilities in Port (x) Demory Gap Channel. Sutton within the Port of Tampa en- All waters, from surface to bottom, in compassed by a line connecting the fol- the Demory Gap Channel in Crystal lowing points: 27°54.15′ N, 082°26.06′ W; River, Florida, encompassed by the fol- thence to; 27°54.46′ N, 082°25.71′ W; clos- lowing points: 28°57.61′ N, 082°43.42′ W ing off all Port Sutton Channel. thence to; 28°57.55′ N, 082°41.88′ W (vii) Piers, seawalls, and facilities, Port thence to; 28°57.58′ N, 082°43.42′ W of Tampa, on the western side of Hooker’s thence to; 28°57.51′ N, 082°41.88′ W. Point, Tampa, FL. All waters, from sur- (xi) Big Bend Power Plant, FL. All face to bottom, extending 50 yards waters of Tampa Bay, from surface to from the shore, seawall, and piers bottom, adjacent to the Big Bend around facilities on Hillsborough Bay Power Facility, and within an area northern portion of Cut ‘‘D’’ Channel, bounded by the following points: Sparkman Channel, Ybor Turning 27°48.08′ N, 082°24.88′ W; thence to Basin, and Ybor Channel within the 27°48.15′ N, 082°24.96′ W; thence to; Port of Tampa encompassed by a line 27°48.10′ N, 082°25.00′ W; thence to connecting the following points: 27°47.85′ N, 082°25.03′ W; thence to 27°54.74′ N, 082°26.47′ W; thence to 27°47.58′ N, 082°24.89′ W; thence to 27°55.25′ N, 082°26.73′ W; thence to 27°47.58′ N, 082°24.06′ W; thence to; 27°55.60′ N, 082°26.80′ W; thence to 27°47.62′ N, 082°24.04′ W; thence to 27°56.00′ N, 082°26.75′ W; thence to 27°47.63′ N, 082°24.71′ W; thence to 27°56.58′ N, 082°26.53′ W; thence to 27°48.03′ N, 082°24.70′ W; thence to 27°57.29′ N, 082°26.51′ W; thence to 27°48.08′ N, 082°24.88′ W, closing off en- 27°57.29′ N, 082°26.61′ W; thence to trance to Big Bend Power Facility and 27°56.65′ N, 082°26.63′ W; thence to the attached cooling canal. 27°56.58′ N, 082°26.69′ W; thence to (xii) Weedon Island Power Plant, FL. 27°56.53′ N, 082°26.90′ W. All waters of Tampa Bay, from surface (viii) St. Petersburg Harbor, FL. All to bottom, extending 50 yards from the waters, from surface to bottom, ex- shore, seawall and piers around the tending 50 yards from the seawall and Power Facility at Weedon Island en- around all moorings and vessels in St. compassed by the following points: Petersburg Harbor (Bayboro Harbor), 27°51.52′ N, 082°35.82′ W; thence along commencing on the north side of the the shore to; 27°51.54′ N, 082°35.78′ W; channel at day beacon ‘‘10’’ (LLNR thence to 27°51.89′ N, 082°35.82′ W; 24995) in approximate position 27°45.56′ thence to 27°51.89′ N, 082°36.14′ W, clos- N, 082°37.55′ W, and westward along the ing off the entrance to both canals. seawall to the end of the cruise ter- (2) Vessel specific security zones—(i) minal in approximate position 27°45.72′ Moving security zones for Cruise Ships N, 082°37.97′ W. The zone will also in- and vessels carrying Especially Hazardous clude the Coast Guard south moorings Cargos. The following security zones in St. Petersburg Harbor. The zone will and procedures are established for all extend 50 yards around the piers com- waters, from surface to bottom, within mencing from approximate position a 500-yard radius, as outlined below: 27°45.51′ N, 082°37.99′ W; to 27°45.52′ N, (A) For inbound vessels commencing 082°37.57′ W. The southern boundary of at Egmont Channel Lighted Buoys ‘‘9’’ the zone is shoreward of a line between (LLNR 22270) and ‘‘10’’ (LLNR 22275) the entrance to Salt Creek easterly to- through to berth. wards day beacon ‘‘11’’ (LLNR 24990). (B) For shifting vessels from their de- (ix) Crystal River Nuclear Power Plant. parture berth to destination berth. All waters, from surface to bottom, (C) For outbound vessels commencing around the FL, Power Crystal River at berth through to Egmont Channel Nuclear Power Plant located at the end Lighted Buoys ‘‘9’’ (LLNR 22270) and of the Florida Power Corporation ‘‘10’’ (LLNR 22275). Channel, Crystal River, Florida, en- (D) All subject vessels operating in compassed by a line connecting the fol- the Captain of the Port St. Petersburg lowing points: 28°56.87′ N, 082°45.17′ W; Zone shall follow the reporting require- thence to 28°57.37′ N, 082°41.92′ W; ments in 33 CFR part 160, subpart C.

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(E) Any vessel desiring to enter or includes ammonium nitrate fuel oil transit the security zone shall obtain mixture. permission from the Captain of the Commercial vessels means any tank, Port St. Petersburg or a designated bulk, container, cargo, cruise ships, representative. If permission is grant- pilot vessels, or tugs. This definition ed, all persons and vessels must comply excludes fishing vessels, salvage ves- with any given instructions. sels, dead ship tow operations. (ii) Fixed security zones for moored Cruise Ship means the same as de- cruise ships and moored vessels carrying fined 33 CFR 101.105. especially hazardous cargos. A security Designated representative means Coast zone is established for all waters, from Guard Patrol Commanders including surface to bottom, within a 200-yard ra- Coast Guard coxswains, petty officers dius around moored cruise ships and and other officers operating Coast moored vessels carrying especially haz- Guard vessels, and federal, state, and ardous cargos, as outlined below: local officers designated by or assisting (A) All subject vessels operating in the COTP, in the enforcement of regu- the Captain of the Port St. Petersburg lated navigation areas, safety zones, Zone shall follow reporting require- and security zones. ments in 33 CFR part 160, subpart C. Especially hazardous cargo means an- (B) Any vessel desiring to enter or hydrous ammonia, ammonium nitrate, transit the security zone shall obtain chlorine, liquefied natural gas, lique- permission from the Captain of the fied petroleum gas, and any other sub- Port St. Petersburg or a designated stance, material, or group or class in a representative. If permission is grant- particular amount and form that the ed, all persons and vessels must comply Secretary determines by regulation with any given instructions. poses a significant risk of creating a (C) No vessel may loiter, anchor, or transportation security incident while conduct maintenance operations with- being transported in maritime com- in the security zone, unless otherwise merce. directed by the Captain of the Port St. (c) Regulations. (1) Entry into or re- Petersburg or a designated representa- maining on or within the zones de- tive. This includes, but is not limited scribed in paragraph (a) of this section to dredging operations, dive oper- is prohibited unless authorized by the ations, and surveying. Anyone wanting Captain of the Port St. Petersburg or a to conduct these operations must sub- designated representative. mit a request via email to (2) Any changes to the requirements [email protected] or contact the for these regulated areas will be given Sector Command Center after hours at by Broadcast Notice to Mariners on 727.824.7506. VHF–FM Channel 22A. (b) Definitions. As used in this sec- tion: NOTE TO § 165.703(C)(2): A graphical rep- Ammonium nitrate means ammonium resentation of all fixed security zones will be nitrate and ammonium nitrate based made available through nautical charts via the Coast Pilot. fertilizers listed as Division 5.1 (oxi- dizing) materials as defined in 33 CFR (3) The Captain of Port St. Peters- 172.101 except when carried as CDC res- burg has provisions for escorting espe- idue. cially hazardous cargos as described in Captain of the Port (COTP) for the the above sections of this subchapter, purpose of this section means the Com- but reserves the right to establish addi- manding Officer of Coast Guard Sector tional provisions for any potentially St. Petersburg. hazardous cargos. Captain of the Port St. Petersburg Zone (4) Enforcement. Under 33 CFR 165.33, as defined in 33 CFR 3.35–35. no person may authorize the operation Certain dangerous cargo includes Divi- of a vessel in the security zones con- sion 1.5D blasting agents for which a trary to the provisions of this section. permit is required under 49 CFR 176.415 (d) The Captain of the Port St. Pe- or, for which a permit is required as a tersburg may waive any of the require- condition of Research and Special Pro- ments of this subpart for any vessel, fa- grams Administration exemption. This cility, or structure upon finding that

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the vessel or class of vessel, oper- (4) The Captain of the Port will issue ational conditions, or other cir- a Marine Safety Information Broadcast cumstances are such that application Notice to Mariners to Notify the mari- of this subpart is unnecessary or im- time community of the safety zone and practical for purposes of port safety restrictions imposed. and security or environmental safety. [Reg. 90–129, 55 FR 52272, Dec. 21, 1990] [USCG–2013–0040, 79 FR 75056, Dec. 17, 2014] EFFECTIVE DATE NOTE: At 55 FR 52272, Dec. 21, 1990, § 165.T0704 was added. This is an § 165.704 [Reserved] emergency temporary rule and will remain in effect until terminated by the Captain of § 165.T0704 Safety Zone: Savannah the Port Savannah, GA. River, Savannah, Georgia. (a) Location. The following area is a § 165.705 Port Canaveral Harbor, Cape safety zone: Two hundred foot radius Canaveral, Florida. around Garden City Terminal, approxi- (a) Security Zone A—East (Trident) mate position 32 degrees 8 minutes, N, Basin, Port Canaveral Harbor, at Cape 81 degrees 9.5 minutes W, and around Canaveral Air Force Station, Brevard all cargo ships loaded with military County, Florida. All waters of the East equipment and transiting the Savan- Basin north of latitude 28°24′36″ N. nah River. (b) Security Zone B—Middle Basin, (b) Effective dates. This regulation be- Port Canaveral Harbor, adjacent to the comes effective at 12 p.m. 14 December Navy wharf at Cape Canaveral Air 1990 until terminated by the Captain of Force Station, Brevard County, Flor- the Port, Savannah, GA. ida. The waters of Port Canaveral Har- (c) Regulation. In accordance with the bor within a line circumscribing the general regulations in § 165.23 of this water approaches to the Navy wharf part, entry into the zone is subject to along the northeasterly edge of the the following requirements. Port Canaveral Harbor turning basin at (1) All persons and vessels in the vi- a distance of 200 feet from all portions cinity of the safety zone shall imme- of the wharf including the dolphins lo- diately obey any direction or order of cated 200 feet off the northwest end and the Captain of the Port or a represent- 75 feet off the southeast end of the ative of the Captain of the Port. wharf. (2) The ‘‘representative of the Cap- (c) Entrance into these zones by ves- tain of the Port’’ is any Coast Guard sels other than vessels owned or leased commissioned, warrant or petty officer by the United States is prohibited who has been designated by the Cap- without permission of the Captain of tain of the Port, Savannah, GA to act the Port, Jacksonville, Florida. on his behalf. A representative of the (d) The general regulations governing Captain of the Port may be contacted security zones contained in 33 CFR on board any Coast Guard vessel as- 165.33 apply. signed to enforce the safety zone. [CGD7 87–38, 53 FR 38718, Oct. 3, 1988; CGD7 (3) Before entering the safety zone, a 87–38, 54 FR 611, Jan. 9, 1989; CGD7 89–21, 54 vessel operator shall contact the Cap- FR 26198, June 22, 1989] tain of the Port or a representative of the Captain of the Port to determine § 165.708 Safety/Security Zone; what restrictions, if any, have been im- Charleston Harbor and Cooper posed on vessels in the safety zone. The River, Charleston, SC. Captain of the Port may be contacted (a) Regulated area. The following by telephone via the Command Duty boundaries are established as a safety Officer at (912) 944–4371. Coast Guard and security zone during specified con- vessels assisting in the enforcement of ditions: the safety zone may be contacted on (1) All waters 200 yards ahead and VHF-FM channels 13 or 16, or vessel op- astern and 100 yards to each side of a erators may determine restrictions in vessel transporting nuclear materials effect for the safety zone by coming while the vessel transits from Charles- alongside a Coast Guard vessel patrol- ton Harbor Entrance Buoy ‘‘C’’ (LLNR ling the perimeter of the safety zone. 1885, position 32–39.6N, 079–40.9W) to the

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Charleston Naval Weapons Station (po- vessels must comply with the instruc- sition 32–55.4N, 079–56.0W) on the Coo- tions of the Captain of the Port or his per River. All coordinates referenced or her designated representative. use datum: NAD 1983. [COTP Charleston 05–037, 70 FR 43282, July (2) All waters within 100 yards of the 27, 2005] vessel described in paragraph (a)(1) of this section while the vessel is con- § 165.711 Safety Zone: Port , ducting cargo operations at the Fort Lauderdale, FL. Charleston Naval Weapons Station. (a) Regulated area. A moving safety (b) Captain of the Port Charleston zone is established in the following will announce the activation of the area: safety/security zones described in para- (1) The waters around naval aircraft graph (a) of this section by Broadcast carriers entering Port Everglades in an Notice to Mariners. The general regula- area 700 yards forward, 500 yards astern tions governing safety and security and 350 yards on either side of each ves- zones contained in §§ 165.23 and 165.33 sel, beginning at the Port Everglades apply. Sea Buoy in approximate position [COTP Charleston 96–034, 61 FR 68156, Dec. 27, 26°05.5′ N, 80°04.8′ W and continuing 1996] until the vessel is safely moored in ap- proximate position 26°04.9′ N, 80°06.9′ W. § 165.709 Security Zone; Charleston All coordinates referenced use datum: Harbor, Cooper River, South Caro- NAD 83. lina. (2) The waters around naval aircraft (a) Regulated area. The Coast Guard is carriers departing Port Everglades in establishing a fixed security zone on all an area 700 yards forward, 500 yards waters of the Cooper River, bank-to- astern and 350 yards on either side of bank and surface to bottom, from the each vessel beginning at the Pier in ap- Don Holt I–526 Bridge to the intersec- proximate position 26°04.9′ N, 80°06.9′W, tion of Foster Creek at a line on 32 de- and continuing until the stern passes grees 58 minutes North Latitude. the Port Everglades Sea Buoy, in ap- (b) Enforcement period. This section proximate position 26°05.5′ N, 80°04.8′ W. will be enforced when security assets All coordinates referenced use datum: are on scene and Sector Charleston has NAD 83. notified the maritime community that (b) Regulations. (1) No person or ves- an Enforcement Period is in effect. sel may enter, transit, or remain in the Sector Charleston will notify the mari- safety zone unless authorized by the time community by broadcast notice Captain of the Port, Miami, Florida, or to mariners on VHF Marine Band a Coast Guard commissioned, warrant, Radio, Channel 16 (156.8 MHz), or Ma- or petty officer designated by him. rine Safety Information Bulletins, or (2) Vessels encountering emergencies actual notice from on scene security which require transit through the mov- assets enforcing the security zone. ing safety zone should contact the (c) Regulations. During enforcement Coast Guard patrol craft on VHF Chan- of the security zone described in para- nel 16. In the event of an emergency, graph (a) of this section, vessels or per- the Coast Guard patrol craft may au- sons are prohibited from entering, thorize a vessel to transit through the transiting, mooring, anchoring, or loi- safety zone with a Coast Guard des- tering within the security zone unless ignated escort. authorized by the Captain of the Port (3) All persons and vessels shall com- Charleston, South Carolina or his or ply with the instructions of on-scene her designated representative. patrol personnel. On-scene patrol per- (1) Persons desiring to transit the sonnel include commissioned, warrant, Regulated Area may contact the Cap- or petty officers of the U.S. Coast tain of the Port via VHF-FM channel Guard. Coast Guard Auxiliary and local 16 or by telephone at (843) 720–3240 and or state officials may be present to in- request permission to transit the secu- form vessel operators of this regulation rity zone. and other applicable laws. (2) If permission to transit the secu- [COTP MIAMI 96–054, 62 FR 32201, June 13, rity zone is granted, all persons and 1997]

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§ 165.714 Regulated Navigation Area; across the seaward extremity of the St. Atlantic Ocean, Charleston, SC. Johns River Entrance Jetties, thence (a) Location. The following area is a following the northern riverbank west Regulated Navigation Area: A trape- to the Sister’s Creek Bridge, thence zoid at the water surface, and the en- following the riverbank west to the tire water column from surface to sea- Interstate 95 Bridge, bed inclusive of the vessel, bounded by thence following the riverbank south the following four coordinates: to the Henry H. Buckman Bridge, thence following the eastern riverbank Latitude Longitude back to origin. Western 32°42′56″ N 79°47′34″ W (3) Canaveral, FL. All waters within boundary. the Canaveral Barge Canal in Port Ca- Southern 32°42′32″ N 79°46′42″ W boundary. naveral, FL encompassed within the Eastern 32°43′26″ N 79°45′27″ W following locations: starting at the de- boundary. marcation line drawn across the sea- Northern 32°43′56″ N 79°46′08″ W boundary. ward extremity of the Port Canaveral Entrance Channel Jetties, thence fol- (NAD 83) lowing the northern shoreline west to (b) Regulations. In accordance with the SR401 Bridge, thence following the the general regulations in § 165.23 of southern shoreline back to origin. this part, all vessels and persons are (4) All coordinates are North Amer- prohibited from anchoring, diving, lay- ican Datum 1983. ing cable or conducting salvage oper- (b) Definition. (1) The term ‘‘des- ations in this zone except as authorized ignated representative’’ means Coast by the Captain of the Port. Guard Patrol Commanders, including [CGD 07–95–054, 60 FR 45047, Aug. 30, 1995] Coast Guard coxswains, petty officers, and other officers operating Coast § 165.720 Safety Zone; natural and Guard vessels, and Federal, state, and other disasters in Ports of Jackson- local officers designated by or assisting ville, Fernandina, and Canaveral, the Captain of the Port Jacksonville in Florida. the enforcement of the regulated area. (a) Regulated areas. The following (2) Hurricane Port Condition YANKEE. areas are established as safety zones Set when weather advisories indicate during the specified conditions: that sustained Gale Force winds from a (1) Fernandina, FL. All waters within tropical or hurricane force storm are the Cumberland Sound and Amelia predicted to make landfall at the port River encompassed within the fol- within 24 hours. lowing locations: starting at the de- (3) Hurricane Port Condition ZULU. marcation line drawn across the sea- ward extremity of the St. Marys River Set when weather advisories indicate Entrance Jetties; thence following the that sustained Gale Force winds from a shoreline north to Stafford Island; Tropical or hurricane force storm are thence north to Point 1 in position predicted to make landfall at the port 30°50’00″ N., 81°29′10″ W.; thence west to within 12 hours. Point 2 in position 30°50′00″ N., 81°30′47″ (c) Regulations. (1) Hurricane Port Con- W.; thence southwest to Kings Bay in dition YANKEE. All commercial, ocean- position 30°48′42″ N., 81°31′27″ W.; thence going vessels and barges over 500 GRT south following the shoreline south to as measured under Title 46 United point 3 in position 30°40′30″ N., 81°28′38″ States Code Section 14502 or an alter- W.; thence southwest to R ‘‘18’’ at nate tonnage established as 6,000 gross Point 4 30°39′57″ N., 81°29′04″ W.; thence tonnage as measured under 46 U.S.C. southeast to Point 5 30°39′48″ N., 14302 (GT ITC) are prohibited from en- 81°28′57″ W.; thence following the shore- tering in any of the regulated areas line northeast back to origin. designated as being in Port Condition (2) Jacksonville, FL. All waters within YANKEE within the COTP Zone Jack- the Port of Jacksonville, FL encom- sonville. Oceangoing commercial vessel passed within the following locations: traffic outbound will be authorized to starting at the demarcation line drawn transit through the regulated areas

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until Port Condition ZULU. Addition- § 165.721 Safety Zone: St. Johns River, ally, in the Port of Canaveral, no ves- Jacksonville, FL. sel, regardless of size or service, will be (a) Location. The following area is es- allowed to transit through the Port Ca- tablished as a safety zone during the naveral Barge Canal upon the setting specified conditions: The waters within of Port Condition YANKEE. a 500 yard radius of the fireworks barge (2) Hurricane Port Condition ZULU. or barges during the storage, prepara- All commercial, oceangoing vessels and tion, and launching of fireworks in the barges over 500 GRT as measured under St. Johns River between the Hart and Title 46 United States Code Section Acosta Bridges. 14502 or an alternate tonnage estab- (b) Effective dates. This section be- lished as 6,000 gross tonnage as meas- comes effective upon activation by the ured under 46 U.S.C. 14302 (GT ITC) are Captain of the Port by the broad- casting of a local Notice to Mariners on prohibited from transiting or remain- appropriate VHF-FM radio frequencies. ing in any of the regulated areas des- It terminates at the conclusion of the ignated as being in Port Condition fireworks display unless terminated ZULU within COTP Zone Jacksonville. earlier by the Captain of the Port. All ship-to-shore cargo operations (c) Regulations. (1) In accordance with must cease 6 hours prior to setting the general regulations in 165.23 of this Port Condition Zulu. part, anchoring, mooring or transiting (3) Emergency regulation for other dis- in this zone is prohibited unless au- asters. Any natural or other disasters thorized by the Captain of the Port or that are to affect the Jacksonville District Commander. COTP Zone will result in the prohibi- (2) This regulation does not apply to tion of commercial vessel traffic over authorized law enforcement agencies 500 GRT as measured under Title 46 operating within the Safety Zone. United States Code Section 14502 or an [COTP Jacksonville Reg. 94–027, 59 FR 55584, alternate tonnage established as 6,000 Nov. 8, 1994] gross tonnage as measured under 46 U.S.C. 14302 (GT ITC) transiting or re- § 165.722 Security Zone: St. Johns maining in any of the regulated areas River, Jacksonville, Florida. predicted to be effected as designated (a) Location. The water located with- by the COTP Jacksonville. in the following area is established as a (4) Persons and vessels desiring to security zone: beginning at the shore- enter, transit through, anchor in, or re- line of the St. Johns River at the northernmost property line of Naval main in the regulated area may con- Air Station Jacksonville next to tact the Captain of the Port Jackson- Timuquana Country Club, at 30°14′39.5″ ville via telephone at (904) 564–7513, or a N, 81°40′45″ W; thence northeasterly to designated representative via VHF 30°14′42″ N, 81°40′42″ W; thence south re- radio on channel 16, to request author- maining 400 feet from the shoreline at ization. If authorization to enter, tran- mean high water; thence past Piney sit through, anchor in, or remain in the Point and Black Point to the northern regulated area is granted by the Cap- edge of Mulberry Cover Manatee ref- tain of the Port Jacksonville or a des- uge, 400 feet from Naval Air Station ignated representative, all persons and Jacksonville boat ramp, at 30°13′00″ N, vessels receiving such authorization 81°40′23.5″ W; thence southwesterly in a must comply with the instructions of straight line to position 30°12′14″ N, the Captain of the Port Jacksonville or 81°40′42″ W; thence southerly, remain- a designated representative. ing 400′ seaward of the mean high water (5) Coast Guard Sector Jacksonville shoreline to 30°11′40″ N, 81°41′15.5″ W; will attempt to notify the maritime thence northwest to the point at the community of periods during which end of the property line of Naval Air these safety zones will be in effect via Station Jacksonville just north of the ° ′ ″ Broadcast Notice to Mariners or by on- Buckman Bridge at position 30 11 42.30 N, 81°41′23.66″ W; thence northeasterly scene designated representatives. along the mean high water shoreline of [USCG–2014–0152, 80 FR 11129, Mar. 2, 2015] the St. Johns River and Mulberry Cove

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to the point of beginning. Datum: NAD (2) Persons and vessels desiring to 83 enter, transit through, anchor in, or re- (b) In accordance with the general main in the regulated area may con- regulations in § 165.33 of this part, no tact the Captain of the Port Jackson- person or vessel may enter or remain ville via telephone at (904) 564–7513, or a in the zone without the permission of designated representative via VHF the Captain of the Port Jacksonville, radio on channel 16, to request author- Florida. All other portions of § 165.33 ization. If authorization to enter, tran- remain applicable. sit through, anchor in, or remain in the (c) This regulation does not apply to regulated area is granted by the Cap- Coast Guard vessels and authorized law tain of the Port Jacksonville or a des- enforcement vessels operating within ignated representative, all persons and the Security Zone. vessels receiving such authorization must comply with the instructions of [COTP Jacksonville Reg. 93–115, 60 FR 65571, the Captain of the Port Jacksonville or Dec. 20, 1995] a designated representative. (3) The Coast Guard will provide no- § 165.723 Safety Zone; Firework Dis- tice of the regulated area via Broadcast plays in Captain of the Port Zone Notice to Mariners or by on-scene des- Jacksonville, Florida. ignated representatives. (a) Regulated area. The following area (4) This regulation does not apply to is established as a safety zone during authorized law enforcement agencies the specified conditions: All waters operating within the regulated area. within the Jacksonville COTP Zone [USCG–2014–0152, 80 FR 11130, Mar. 2, 2015] within a 500 yard radius of a firework barge or barges during the storage, § 165.726 Regulated Navigation Areas; preparation, and launching of fire- , Miami, Florida. works. (a) Location. The following are Regu- (1) The Coast Guard realizes that lated Navigation Areas: some large scale events, such as those (1) All the waters of the Miami River, with many participants or spectators, Miami, Florida, from the Brickell Ave- or those that could severely restrict nue Bridge, in approximate position navigation or pose a significant hazard, 25°46′19″ N, 80°11′4″ W, inland to the may still require separate special local South Florida Water Management Dis- regulations or safety zones that ad- trict’s salinity dam in approximate po- dress the specific peculiarities of the sition 25°48′4″ N, 80°15′6″ W. event. In those situations, the Coast (2) The from its Guard will create special local regula- intersection with the Miami river in tions or safety zones specifically for approximate position 25°47′7″ N, 80°14′7″ the event, and those regulations will W to the N.W. 37th Avenue bridge in supersede the regulations in this rule. approximate position 25°48′5″ N, 80°15′5″ (2) All coordinates are North Amer- W. All coordinates referenced use ican Datum 1983. datum: NAD 83. (b) Definition. The term ‘‘designated (b) Regulations. The restrictions in representative’’ means Coast Guard Pa- this paragraph apply to vessels oper- trol Commanders, including Coast ating within the regulated navigation Guard coxswains, petty officers, and areas in paragraph (a) of this section other officers operating Coast Guard unless authorized to deviate by the vessels, and Federal, state, and local Captain of the Port, Miami, Florida, or officers designated by or assisting the a Coast Guard commissioned, warrant, Captain of the Port Jacksonville in the or petty officer designated by him. enforcement of the regulated area. (1) All rafted vessels (inboard and (c) Regulations. (1) All persons and outboard) must be properly moored in vessels are prohibited from entering, accordance with applicable municipal transiting through, anchoring in, or re- laws and regulations. maining within the regulated area un- (2) At no time shall any vessels be less authorized by the Coast Guard rafted more than two abreast. Captain of the Port Jacksonville or a (3) Neither single nor rafted vessels designated representative. shall extend greater than 54 feet into

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the main river (measured from the Blount Island Terminal, Jacksonville, dock) without permission of the Cap- Florida. tain of the Port. (3) Zone C: 100 yards in all directions (4) A minimum channel width of 65 on land from Gate berth #1 and all feet shall be maintained at all times on waters within the Back River (locally the Miami River from the Brickell Av- known as the Gate Slip) on Blount Is- enue Bridge west to the Tamiami land, Jacksonville, Florida, com- Canal. A minimum channel width of 45 mencing from a line drawn between the feet shall be maintained at all times on southwesterly most shore point lati- the Miami River west of the junction of tude 30°23′34″, longitude 81°30′52″ and the Miami River and the Tamiami the southeasterly most shore point Canal to the South Florida Water Man- latitude 30°23′38″, longitude 81°30′36″. agement District’s salinity dam, as (b) The areas described in paragraph well as on the Tamiami Canal from its (a) of this section may be closed to all mouth to the N.W. 37th Avenue Bridge. vessels and persons, except those ves- (5) All moored and rafted vessels sels and persons authorized by the shall provide safe access from the Commander, Seventh Coast Guard Dis- shore. trict or the Captain of the Port, Jack- (6) All moored and rafted vessels sonville, Florida, whenever specified shall provide clear and ready access for Maritime Prepositioned Ships are land-based firefighters to safely and transiting the St. Johns River (Zone quickly reach outboard rafted vessels. A), moored at Blount Island (Zone B), (7) No vessels shall moor or raft in or moored at Gate Terminal (Zone C). any manner as to impede safe passage (c) The general regulations governing of another vessel to any of the tribu- safety zones contained in 33 CFR 165.23 taries of the Miami River. apply. (8) Nothing in these regulations shall (d) The Captain of the Port Jackson- prohibit the U.S. Army Corps of Engi- ville, Florida will activate the safety neers from requiring the relocation or zones or specific portions of them by movement of vessels in a declared flood issuing a local broadcast notice to emergency. mariners. The closing of the area at (c) Enforcement. Violations of these Blount Island, described above, will be regulated navigation areas should be signified by the display of a rotating reported to the Captain of the Port, yellow light located on the waterfront Miami. Persons in violation of these at Blount Island Marine Terminal or at regulations will be subject to civil pen- the Gate Terminal Berth #1. alty under § 165.13(b) of this part. [CGD7 87–15, 52 FR 23442, June 22, 1987, as [CGD07–97–019, 62 FR 50512, Sept. 26, 1997] amended by CGD7 91–33, 56 FR 22826, May 17, 1991] § 165.728 Jacksonville, Florida—safety zones. § 165.729 Jacksonville Harbor, Flor- (a) The water, land, and land and ida—security zone. water within the following boundaries (a) The water, land, and land and are established as safety zones during water within the following boundaries the specified conditions: are established as security zones dur- (1) Zone A. 200 yards in all directions ing the specified conditions: around any specified Maritime (1) Zone A. 200 yards in all directions Prepositioned Ship as it transits be- around any specified Maritime tween 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

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the eastern end of Transit Shed #2 to § 165.731 Safety/Security Zone: Cum- the east shore of Alligator Creek at berland Sound, Georgia and St. Blount Island Terminal, Jacksonville, Marys River Entrance Channel. Florida. (a) Location. A permanent safety/se- (3) Zone C: 100 yards in all directions curity zone is established within the on land from Gate berth #1 and all following coordinates, the area en- waters within the Back River (locally closed by a line starting at 30°44′55″ N, known as the Gate Slip) on Blount Is- 081°29′39″ W; thence to 30°44′55″ N, land, Jacksonville, Florida, com- 081°29′18″ W; thence to 30°46′35″ N, ° ′ ″ ° ′ ″ mencing from a line drawn between the 081 29 18 W; thence to 30 47 02 N, ° ′ ″ ° ′ ″ southwesterly most shore point lati- 081 29 34 W; thence to 30 47 21 N, ° ′ ″ ° ′ ″ tude 30°23′34″, longitude 81°30′52″ and 081 29 39 W; thence to 30 48 00 N, 081°29′42″ W; thence to 30°49′07″ N, the southeasterly most shore point 081°29′56″ W; thence to 30°49′55″ N, latitude 30°23′38″, longitude 81°30′36″. 081°30′35″ W; thence to 30°50′15″ N, (b) The areas described in paragraph 081°31′08″ W; thence to 30°50′14″ N, (a) of this section shall be closed to all 081°31′30″ W; thence to 30°49′58″ N, vessels and persons, except those ves- 081°31′45″ W; thence to 30°49′58″ N, sels and persons authorized by the 081°32′03″ W; thence to 30°50′12″ N, Commander, Seventh Coast Guard Dis- 081°32′17″ W; thence following the land trict or the Captain of the Port, Jack- based perimeter boundary to the point sonville, Florida, whenever specified of origin. Maritime Prepositioned Ships are (b) A temporary safety/security zone, transiting the St. Johns River (Zone when activated by the Captain of the A), moored at Blount Island (Zone B), Port, Jacksonville, Florida, encom- or moored at Gate Terminal (Zone C). passes all waters and land from bank to (c) The general regulations governing bank within Cumberland Sound and security zones contained in 33 CFR the St. Marys Entrance Channel: the 165.33 apply. northern extent of this zone starts at (d) The Captain of the Port Jackson- the southern tip of Crab Island; lighted ville, Florida will activate the security buoy number ‘‘1’’ at the mouth of the zones or specific portions of them by Amelia River demarks the southern boundary; day marker number ‘‘2’’ at issuing a local broadcast notice to the mouth of the St. Marys River indi- mariners. The closing of the area at cates the western boundary; and the Blount Island, described above, will be eastern boundary extends out to three signified by the display of a rotating (3) nautical miles in the Atlantic yellow light located on the waterfront Ocean, with the zone also encom- at Blount Island Marine Terminal or at passing the waters within 1000 yards of the Gate Terminal Berth #1. the entrance channel east of the jet- [CGD7 87–16, 52 FR 23443, June 22, 1987, as ties. amended by CGD7 91–34, 56 FR 22827, May 17, (c) Regulations. (1) The Captain of the 1991] Port, Jacksonville, Florida will acti- vate the temporary safety/security § 165.730 King’s Bay, Georgia—Regu- zone described in paragraph (b) of this lated navigation area. section by issuing a local broadcast no- Vessels transiting in the water tice to mariners. (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.

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(4) This regulation does not apply to (2) In the process of coming up onto persons or vessels operating under the or coming off a plane; or authority of the United States Navy (3) Creating an excessive wake. nor to authorized law enforcement (b) Regulated area. All navigable agencies. waters, as defined in 33 CFR 2.36, with- in the Captain of the Port Zone, Savan- [COTP Jacksonville Reg. 90–94, 55 FR 42374, Oct. 19, 1990] nah, Georgia 33 CFR 3.35–15. (c) Security zone. A 300-yard security § 165.749 Security Zone: Escorted Ves- zone is established around each es- sels, Savannah, Georgia, Captain of corted vessel within the regulated area the Port Zone. described in paragraph (b) of this sec- (a) Definitions. The following defini- tion. This is a moving security zone tions apply to this section: when the escorted vessel is in transit COTP means Captain of the Port Sa- and becomes a fixed zone when the es- vannah, GA. 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, and Federal, lations for security zones contained in State, and local officers designated by § 165.33 of this part apply to this sec- or assisting the COTP, in the enforce- tion. ment of the security zone. (2) A vessel may request the permis- Escorted vessel means a vessel, other sion of the COTP Savannah or a des- than a large U.S. naval vessel as de- ignated representative to enter the se- fined in 33 CFR 165.2015, that is accom- curity zone described in paragraph (c) panied by one or more Coast Guard as- of this section. If permitted to enter sets or other Federal, State or local the security zone, a vessel must pro- law enforcement agency assets clearly ceed at the minimum safe speed and identifiable by lights, vessel markings, must comply with the orders of the or with agency insignia as listed below: COTP or a designated representative. (1) Coast Guard surface or air asset No vessel or person may enter the displaying the Coast Guard insignia. inner 50-yard portion of the security (2) State and/or local law enforce- zone closest to the vessel. ment asset displaying the applicable (e) Notice of security zone. The COTP agency markings and/or equipment as- will inform the public of the existence sociated with the agency. or status of the security zones around (3) When escorted vessels are moored, escorted vessels in the regulated area dayboards or other visual indications by Broadcast Notice to Mariners. Coast 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

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surface to bottom of the northeastern (c) Regulations. In accordance with most mooring dolphin located at ap- the general regulations in § 165.33 of proximately 32[deg]05.01′ North, this part, entry into or movement 080[deg]59.38′ West, to the southeastern within this zone is prohibited unless most mooring dolphin located at ap- authorized by the Captain of the Port proximately 32[deg]04.79′ North, Savannah or vessels engaged in activi- ′ 080[deg]59.35 West, and continues west ties defined in paragraph (b). along the North and South shoreline of (d) Reporting of violations. Violations the mooring slip to the shoreline of the of this section should be reported to right descending bank of the Savannah the Captain of the Port, Savannah, at River. All marine traffic is prohibited from entering this zone unless author- (912) 652–4353. ized by the Captain of the Port (COTP). [COTP SAVANNAH 06–160, 72 FR 27246, May (b) Applicability. This section applies 15, 2007] to all vessels including naval and other public vessels, except vessels that are § 165.752 Sparkman Channel, Tampa, engaged in the following operations: Florida—regulated navigation area. (1) Law enforcement, security, or (a) A regulated navigation area is es- search and rescue; tablished to protect vessels from lim- (2) Servicing aids to navigation; ited water depth in Sparkman Channel (3) Surveying, maintenance, or im- provement of waters in the security caused by an underwater pipeline. The zone; or regulated navigation area is in (4) Actively engaged in escort, ma- Sparkman Channel between the lines neuvering, or support duties for an connecting the following points (ref- LNG tankship. 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 navigable waterways tributary thereto. pilotage shall not meet or overtake Also included are the waters of Egmont other like vessels in Sparkman Chan- Channel, Gulf of Mexico from Tampa nel. Bay to the seabuoy, Tampa Lighted (c) Vessels having a draft of more Whistle Buoy T, LLNR 18465. than 35.5 feet may not transit (b) The master, pilot, or person in Sparkman Channel. charge of any vessel of 50 meters or (d) Vessels having a draft of 34.5 feet, greater shall give a Navigational Advi- but not over 35.5 feet, may transit sory Broadcast in accordance with 47 Sparkman Channel only when the tide CFR 80.331 on VHF-FM channel 13 at is at least one foot above mean low the following broadcast/reporting water. points: (e) Vessels with a draft of 30 feet or (1) Prior to getting underway from greater shall transit as near as possible any berth or anchorage; to the center of the channel. (2) Prior to entering Egmont Channel [CGD7 90–52, 56 FR 36005, July 30, 1991, as from seaward; amended by USCG–1998–3799, 63 FR 35532, (3) Prior to passing Egmont Key in June 30, 1998] any direction; § 165.753 Regulated navigation area; (4) Prior to transiting the Skyway Tampa Bay, Florida. Bridge in either direction; (a) The following is a regulated navi- (5) Prior to transiting the intersec- gation area (RNA): All the navigable tion of Tampa Bay Cut F Channel, waters of Tampa Bay, Hillsborough Tampa Bay Cut G Channel, and Gads- Bay and Old Tampa Bay, including all den Point Cut Channel;

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(6) Prior to anchoring or approaching (b) Regulations. (1) No person or ves- a berth for docking; sel may enter, transit or remain in the (7) Prior to tending hawser; safety zone unless authorized by the (8) Prior to transiting Point Pinellas Captain of the Port, San Juan, Puerto Channel Light 1 in either direction. Rico, or a designated Coast Guard com- (c) Each Navigational Advisory re- missioned, warrant, or petty officer. quired by this section shall be made in (2) Vessels encountering emergencies the English language and will contain which require transit through the mov- the following information: ing safety zone should contact the (1) The words ‘‘Hello all vessels, a Coast Guard patrol craft on VHF Chan- Navigational Advisory follows’’; nel 16. In the event of an emergency, (2) Name of vessel; the Coast Guard patrol craft may au- (3) If engaged in towing, the nature of thorize a vessel to transit through the the tow; safety zone with a Coast Guard des- (4) Direction of Movement; ignated escort. (5) Present location; and, (3) The Captain of the Port and the (6) The nature of any hazardous con- Duty Officer at Sector San Juan, Puer- ditions as defined by 33 CFR 160.202. to Rico, can be contacted at telephone (d) Nothing in this section shall su- number 787–289–2041. The Coast Guard persede either the International Regu- Patrol Commander enforcing the safety lations for Preventing Collisions at zone can be contacted on VHF-FM Sea, 1972 (72 COLREGS) or the Inland channels 16 and 22A. Navigation Rules, as applicable, or re- (4) Coast Guard Sector San Juan will lieve the Master or person in charge of notify the marine community of peri- the vessel of responsibility for the safe ods during which these safety zones navigation of the vessel. will be in effect by providing advance [CGD07–94–094, 60 FR 58519, Nov. 28, 1995, as notice of scheduled arrivals and depar- amended by USCG–2005–21869, 80 FR 5336, tures of Liquefied Petroleum Gas ves- Jan. 30, 2015] sels via a marine broadcast Notice to Mariners. § 165.754 Safety Zone: San Juan Har- (5) Should the actual time of entry of bor, San Juan, PR. the Liquefied Petroleum Gas vessel (a) Regulated area. A moving safety vary more than one half hour from the zone is established in the following scheduled time stated in the broadcast area: Notice to Mariners, the person direct- (1) The waters around Liquefied Pe- ing the movement of the Liquefied Pe- troleum Gas ships entering San Juan troleum Gas vessel shall obtain permis- Harbor in an area one half mile around sion from Captain of the Port San Juan each vessel, beginning one mile north before commencing the transit. of the San Juan Harbor #1 Sea Buoy, in (6) All persons and vessels shall com- approximate position 18–29.3N, 66–07.6W ply with the instructions of on-scene and continuing until the vessel is safe- patrol personnel. On-scene patrol per- ly moored at either the Gulf Refinery sonnel include commissioned, warrant, 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 under- way, 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:

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(1) A 100 yard radius surrounding a Direct mode means a towing technique vessel carrying Liquefied Natural Gas defined as a method of operation by (LNG) while transiting north of Lati- which a towing vessel generates tow- tude 17°56.0′ N in the waters of the Car- line forces by thrust alone at an angle ibbean Sea, on approach to or depar- equal to or nearly equal to the towline, ture from the Eco-Electrica waterfront or thrust forces applied directly to the facility in Guayanilla Bay, Puerto escorted vessel’s hull. Rico. The safety zone remains in effect Fire Wire means a length of wire rope until the LNG vessel is docked at the or chain hung from the bow and stern Eco-Electrica waterfront facility or of a vessel in port to allow the vessel to south of Latitude 17°56.0′ N. be towed away from the pier in case of (2) The waters within 150 feet of a fire; also called fire warp or emergency LNG vessel when the vessel is along- towing wire. side the Eco-Electrica waterfront facil- Heel means the minimum quantity of ity in Guayanilla Bay, at position liquefied natural gas (LNG) retained in ° ′ ° ′ 17 58.55 N, 066 45.3 W. This safety zone an LNG tankship after unloading at remains in effect while the LNG vessel the LNG facility to maintain tempera- is docked with product aboard or is ture, pressure, and/or prudent oper- transferring LNG. ations. A quantity of LNG less than (b) In accordance with the general five percent (5 %) of the LNG tank- regulations in 165.23 of this part, an- ship’s carrying capacity shall be pre- choring, mooring or transiting in these sumed to be heel. zones is prohibited unless authorized Indirect mode means a towing tech- by the Coast Guard Captain of the nique defined as a method of operation Port. (c) Coast Guard Sector San Juan will by which an escorting towing vessel notify the maritime community of pe- generates towline forces by a combina- riods during which the safety zones tion of thrust and hydrodynamic forces will be in effect by providing advance resulting from a presentation of the notice of scheduled arrivals and depar- underwater body of the towing vessel tures of LNG vessels via a marine at an oblique angle to the towline. This broadcast Notice to Mariners. method increases the resultant bollard pull, thereby arresting and controlling [COTP San Juan 00–095, 66 FR 16870, Mar. 28, the motion of an escorted vessel. 2001, as amended by USCG–2008–0179, 73 FR LNG tankship means a vessel as de- 35017, June 19, 2008] scribed in 46 CFR 154. § 165.756 Regulated Navigation Area; Made-up means physically attached Savannah River, Georgia. by cable, towline, or other secure (a) Regulated Navigation Area (RNA). means in such a way as to be imme- The Savannah River between Fort diately ready to exert force on a vessel Jackson (32°04.93′ N, 081°02.19′ W) and being escorted. the Savannah River Channel Entrance Make-up means the act of, or prep- Sea Buoy is a regulated navigation arations for becoming made-up. 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 la- tions 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.

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Underway means that a vessel is not slip. (i) An LNG tankship moored out- at anchor, not made fast to the shore, side of the LNG facility slip shall have or not aground. on-scene a minimum of two escort tow- (c) Applicability. This section applies ing vessels each with a minimum of to all vessels operating within the 100,000 pounds of bollard pull, 4,000 RNA, including naval and other public horsepower and capable of safely oper- vessels, except vessels that are engaged ating in the indirect mode in order to in the following operations: escort transiting vessels 1,600 gross (1) Law enforcement, security, or tons or greater past the moored LNG search and rescue; tankship. At least one of these towing (2) Servicing aids to navigation; vessels shall be FiFi Class 1 equipped. (3) Surveying, maintenance, or im- (ii) In addition to the two towing ves- provement of waters in the RNA; or sels required by paragraph (d)(2)(i) of (4) Actively engaged in escort, ma- this section, the LNG tankship moored neuvering, or support duties for an outside of the slip shall have at least LNG tankship. one standby towing vessel with a min- (d) Regulations—(1) Requirements for imum of 90,000 pounds of bollard pull to vessel operations while a LNG tankship, take appropriate actions in an emer- carrying LNG in excess of heel, is under- gency as directed by the LNG vessel way within the RNA. (i) Except for a bridge watch required in paragraph vessel that is moored at a marina, (d)(5) of this section. wharf, or pier, and remains moored, no (3) Requirements while LNG tankships vessel 1,600 gross tons or greater may are moored inside the LNG facility slip. (i) come within two nautical miles of a An LNG tankship moored inside the LNG tankship, carrying LNG in excess LNG facility slip shall have two stand- of heel, which is underway within the by towing vessels with a minimum ca- Savannah River shipping channel with- pacity of 100,000 pounds of bollard pull, out the permission of the Captain of 4,000 horsepower, and the ability to op- the Port (COTP). erate safely in the indirect mode. At (ii) All vessels less than 1,600 gross least one of these towing vessels shall tons shall keep clear of transiting LNG be FiFi Class 1 equipped. The standby tankships. towing vessels shall take appropriate (iii) The owner, master, or operator action in an emergency as directed by of a vessel carrying liquefied natural the LNG vessel bridge watch required gas (LNG) shall: in paragraph (d)(5) of this section. (A) Comply with the notice require- (ii) If two LNG tankships are moored ments of 33 CFR part 160. The COTP inside the LNG facility slip, each vessel may delay the vessel’s entry into the shall provide a standby towing vessel RNA to accommodate other commer- that is FiFi class 1 equipped with a cial traffic. minimum capacity of 100,000 pounds of (B) Obtain permission from the COTP bollard pull and 4,000 horsepower that before commencing the transit into the is available to assist as directed by the RNA. LNG vessel bridge watch required in (C) Not enter or get underway within paragraph (d)(5) of this section. the RNA if visibility during the transit (4) Requirements while LNG tankships is not sufficient to safely navigate the are moored both inside the LNG facility channel, and/or wind speed is, or is ex- slip and outside the LNG facility slip. (i) pected to be, greater than 25 knots. When one LNG tankship is moored in- (D) While transiting the RNA, the side and one LNG tankship is moored LNG tankship, carrying LNG in excess outside of the LNG facility slip, the of heel, shall have a minimum of two LNG tankship moored outside of the escort towing vessels with a minimum LNG facility slip shall have on-scene a of 100,000 pounds of bollard pull, 4,000 minimum of two escort towing vessels horsepower and capable of safely oper- each with a minimum of 100,000 pounds ating in the indirect mode. At least one of bollard pull, 4,000 horsepower and ca- of the towing vessels shall be FiFi pable of safely operating in the indi- Class 1 equipped. rect mode in order to escort transiting (2) Requirements while an LNG tank- vessels 1,600 gross tons or greater past ship is moored outside of the LNG facility the moored LNG tankship. At least one

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of these towing vessels shall be FiFi off-shore bow and quarter of the ship. Class 1 equipped. In addition, the LNG LNG vessels equipped with waterline tankship moored inside of the slip shall bollards are exempt from this require- have at least one standby towing vessel ment. with a minimum of 100,000 pounds of (6) Requirements for other vessels while bollard pull, 4,000 horsepower and FiFi within the RNA. (i) Transiting vessels Class 1 equipped to take appropriate 1,600 gross tons or greater, when pass- actions in an emergency as directed by ing an LNG tankship moored outside of the LNG vessel bridge watch required the LNG facility slip, shall have a min- in paragraph (d)(5) of this section. imum of two towing vessels with a (ii) When one LNG tankship is minimum capacity of 100,000 pounds of moored outside and two LNG tankships bollard pull, 4,000 horsepower, and the are moored inside the LNG facility ability to operate safely in the indirect slip, the LNG tankship moored outside mode, made-up in such a way as to be of the LNG facility slip shall have on- immediately available to arrest and scene a minimum of two escort towing control the motion of an escorted ves- vessels each with a minimum of 100,000 sel in the event of steering, propulsion pounds of bollard pull, 4,000 horsepower or other casualty. At least one of the and capable of safely operating in the towing vessels shall be FiFi Class 1 indirect mode in order to escort equipped. While it is anticipated that transiting vessels 1,600 gross tons or vessels will utilize the towing vessel greater past the moored LNG tankship. services required in paragraphs (d)(2)(i) At least one of these towing vessels and (d)(4)(i) of this section, this section shall be FiFi Class 1 equipped. In addi- does not preclude escorted vessel oper- tion, the LNG tankships moored inside ators from providing their own towing of the slip shall have at least one vessel escorts, provided they meet the standby towing vessel between the two requirements of this part. ships with a minimum of 100,000 pounds (A) Outbound vessels shall be made- of bollard pull, 4,000 horsepower and up and escorted from Bight Channel FiFi Class 1 equipped to take appro- Light 46 until the vessel is safely past priate actions in an emergency as di- the LNG dock. rected by the LNG vessel bridge watch (B) Inbound vessels shall be made-up required in paragraph (d)(5) of this sec- and escorted from Elba Island Light 37 tion. until the vessel is safely past the LNG (iii) In the event of an actual emer- dock. gency, escort towing vessels can be uti- (ii) The requirements in paragraph lized as stand-by towing vessels to take (d)(6)(i) of this section do not apply appropriate actions as directed by the when one or more LNG tankships are LNG vessel bridge watch required in moored in the LNG facility slip and no paragraph (d)(5) of this section. LNG tankship is moored at the pier (5) Requirements for moored LNG tank- outside of the LNG facility slip. ships. (i) While moored within the RNA, (iii) Vessels 1,600 gross tons or great- each LNG tankship shall maintain a er shall make a broadcast on channel bridge watch consisting of a docking 13 at the following points on the Sa- pilot or licensed deck officer who shall vannah River: monitor all vessels transiting past the (A) Buoy ‘‘33’’ in the vicinity of LNG facility. In addition, the LNG Fields Cut for inbound vessels; Bridge Watch shall communicate with (B) Buoy ‘‘53’’ in the vicinity of Fort the pilots of vessels greater than 1600 Jackson for outbound vessels. gross tons at the points identified in (iv) Vessels 1,600 gross tons or greater section (d)(6)(iii) of this section prior shall at a minimum, transit at bare to passing the LNG facility in order to steerageway when within an area 1,000 take actions of the towing vessel(s) re- yards on either side of the LNG facility quired in paragraphs (d)(2) through (4) slip to minimize potential wake or of this section. surge damage to the LNG facility and (ii) While moored within the RNA, vessel(s) within the slip. LNG tankships shall have emergency (v) Vessels 1,600 gross tons or greater towing wires (fire wires) positioned one shall not meet nor overtake within an meter above the waterline, both on the area 1,000 yards on either side of the

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LNG facility slip when an LNG tank- departing from the Port of Tallaboa, ship is present within the slip. Puerto Rico (NAD 83). The safety zone (vi) All vessels less than 1,600 gross remains in effect until the LHG vessel tons shall not approach within 70 yards is docked. of an LNG tankship, carrying LNG in (3) Port of Guayanilla, Puerto Rico. A excess of heel, without the permission 100-yard radius surrounding all Lique- of the Captain of the Port. fied Hazardous Gas (LHG) vessels (vii) Except for vessels involved in around with product aboard while those operations noted in paragraph (c) transiting north of Latitude 17°57.0′ N of this section entitled Applicability, in the waters of the Caribbean Sea on no vessel shall enter the LNG facility approach to or departing from the Port slip at any time without the permis- of Guayanilla, Puerto Rico (NAD 83). sion of the Captain of the Port. The safety zone remains in effect until (e) Waivers. (1) The COTP may waive the LHG vessel is docked. any requirement in this section, if the (4) Port of Limetree Bay, St. Croix, COTP finds that it is in the best inter- U.S.V.I. A 100-yard radius surrounding est of safety or in the interest of na- all Liquefied Hazardous Gas (LHG) ves- tional security. Such waivers may be sels with product aboard while verbal or in writing. transiting north of Latitude 17°39.0′ N (2) An application for a waiver of in the waters of the Caribbean Sea on these requirements must state the approach to or departing from the Port compelling need for the waiver and de- of Limetree Bay, U.S.V.I. (NAD 83). scribe the proposed operation and The safety zone remains in effect until methods by which adequate levels of the LHG vessel is docked. safety are to be obtained. (b) Regulations. In accordance with (f) Enforcement. Violations of this sec- the general regulations in § 165.23 of tion should be reported to the Captain this part, anchoring, mooring or of the Port, Savannah, at (912) 652–4353. transiting in these zones is prohibited In accordance with the general regula- unless authorized by the Coast Guard tions in § 165.13 of this part, no person Captain of the Port. Coast Guard Sec- may cause or authorize the operation tor San Juan will notify the maritime of a vessel in the regulated navigation community of periods during which area contrary to the provisions of this these safety zones will be in effect by section. providing advance notice of scheduled arrivals and departures on LHG car- [CGD07–05–138, 72 FR 2453, Jan. 19, 2007] riers via a broadcast notice to mariners § 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, [COTP San Juan 02–038, 67 FR 60867, Sept. 27, U.S.V.I. 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 (a) Location. Moving and fixed secu- Hazardous Gas (LHG) vessels with rity zones are established 50 yards product aboard while transiting north around all cruise ships entering, de- of Latitude 17°57.0′ N in the waters of parting, moored or anchored in the the Caribbean Sea on approach to or Port of San Juan, Puerto Rico. The se- departing from the Port of Ponce, curity zone for a cruise ship entering Puerto Rico (NAD 83). The safety zone port is activated when the vessel is one remains in effect until the LHG vessel mile north of the #3 buoy, at approxi- is docked. mate position 18°28′17′ N, 66°07′37.5′ W. (2) Port of Tallaboa, Puerto Rico. A 100- The security zone for a vessel is deacti- yard radius surrounding all Liquefied vated when the vessel passes this buoy Hazardous Gas (LHG) vessels with on its departure from the port. product aboard while transiting north (b) Regulations. (1) Under general reg- of Latitude 17°56.0′ N in the waters of ulations in § 165.33 of this part, enter- the Caribbean Sea on approach to or ing, anchoring, mooring or transiting

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in these zones is prohibited unless au- part, entry into these zones is prohib- thorized by the Coast Guard Captain of ited except as authorized by the Cap- the Port of San Juan. tain of the Port, or a Coast Guard com- (2) Persons desiring to transit the missioned, warrant, or petty officer area of the security zone may contact designated by him. The Captain of the the Captain of the Port at the Sector Port will notify the public of any San Juan at (787) 289–2041 or via VHF changes in the status of this zone by radio on Channel 16 to seek permission Marine Safety Radio Broadcast on VHF to transit the area. If permission is Marine Band Radio, Channel 22 (157.1 granted, all persons and vessels must MHz). comply with the instructions of the (c) Definition. As used in this section: Captain of the Port or his designated cruise ship means a passenger vessel, representative. except for a ferry, greater than 100 feet (3) The Coast Guard Sector San Juan in length that is authorized to carry will attempt to notify the maritime community of periods during which more than 12 passengers for hire. these security zones will be in effect by (d) Authority. In addition to 33 U.S.C. providing advance notice of scheduled 1231 and 50 U.S.C. 191, the authority for arrivals and departures of cruise ships this section includes 33 U.S.C. 1226. via a broadcast notice to mariners. [COTP Jacksonville 02–066, 68 FR 3186, Jan. (c) Definition. As used in this section, 23, 2003] cruise ship means a passenger vessel greater than 100 feet in length that is § 165.760 [Reserved] authorized to carry more than 150 pas- sengers for hire, except for a ferry. § 165.761 Security Zones; Port of Palm (d) Authority. In addition to 33 U.S.C Beach, Port Everglades, Port of 1231 and 50 U.S.C. 191, the authority for Miami, and Port of Key West, Flor- this section includes 33 U.S.C. 1226. ida. [CGD07–02–042, 67 FR 76991, Dec. 16, 2002, as (a) Location. The following areas are amended by USCG–2008–0179, 73 FR 35017, security zones: June 19, 2008] (1) Fixed and moving security zones around vessels in the Ports of Palm § 165.759 Security Zones; Ports of Beach, Port Everglades, Miami, and Key Jacksonville, Fernandina, and Ca- West, Florida. Moving security zones naveral, Florida. are established 100 yards around all (a) Regulated area. Moving security passenger vessels, vessels carrying car- zones are established 100 yards around goes of particular hazard, or vessels all tank vessels, cruise ships, and mili- carrying liquefied hazardous gas (LHG) tary pre-positioned ships during tran- as defined in 33 CFR parts 120, 126 and sits entering or departing the ports of 127 respectively, during transits enter- Jacksonville, Fernandina, and Canav- ing or departing the Ports of Palm eral, Florida. These moving security Beach, Port Everglades, Miami or Key zones are activated when the subject vessels pass the St. Johns River Sea West, Florida. These moving security Buoy, at approximate position 30 deg. zones are activated when the subject 23′ 35″ N, 81 deg, 19′ 08″ West, when en- vessel passes: ‘‘LW’’ buoy, at approxi- ° ′ ° ′ tering the port of Jacksonville, or pass mate position 26 46.3 N, 080 00.6 W, Port Canaveral Channel Entrance when entering the Port of Palm Beach, Buoys # 3 or # 4, at respective approxi- passes ‘‘PE’’ buoy, at approximate po- mate positions 28 deg. 22.7 N, 80 deg 31.8 sition 26°05.5′ N, 080°04.8′ W, when enter- W, and 28 deg. 23.7 N, 80 deg. 29.2 W, ing Port Everglades; the ‘‘M’’ buoy, at when entering Port Canaveral. Fixed approximate position 25°46.1′ N, 080°05.0′ security zones are established 100 yards W, when entering the Port of Miami; around all tank vessels, cruise ships, and ‘‘KW’’ buoy, at approximate posi- and military pre-positioned ships tion 24°27.7′ N, 081°48.1′ W, when enter- docked in the Ports of Jacksonville, ing the Port of Key West. Fixed secu- Fernandina, and Canaveral, Florida. rity zones are established 100 yards (b) Regulations. In accordance with around all passenger vessels, vessels the general regulations § 165.33 of this carrying cargoes of particular hazard

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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 located at Bridge road, in approximate operates in this area. Vessels in this se- position 25°46.33′ N, 080°09.12′ W, which curity zone must follow the orders of leads to Star Island, and MacArthur the COTP or his designated representa- Causeway directly extending across the tive, who may be embarked in law en- Main Channel to the Port of Miami, at forcement or other vessels on scene. 25°46.26′ N, 080°09.18′ W. The fixed secu- When passenger vessels are not berthed rity zone is activated when two or on the Intracoastal Waterway, naviga- more passenger vessels, vessels car- tion will be unrestricted. Law enforce- rying cargoes of particular hazard, or ment vessels can be contacted on VHF vessels carrying liquefied hazardous Marine Band Radio, Channel 16 (156.8 gas (LHG) as defined in 33 CFR parts MHz). 120, 126 and 127 respectively, enter or (b) Regulations. (1) Prior to com- moor within this zone. mencing the movement, the person di- (i) Vessels may be allowed to transit recting the movement of a passenger the Main Channel when only one pas- vessel, a vessel carrying cargoes of par- senger vessel or vessel carrying cargoes ticular hazard or a vessel carrying liq- of particular hazard are berthed, by uefied hazardous gas (LHG) as defined staying on the north side of the law en- in Title 33, Code of Federal Regulations forcement boats and cruise ship parts 120, 126 and 127 respectively, is tenders which will mark a transit lane encouraged to make a security broad- in channel. cast on VHF Marine Band Radio, Chan- (ii) When passenger vessels are not nel 13 (156.65 MHz) to advise mariners berthed on the Main Channel, naviga- of the moving security zone activation tion will be unrestricted. Law enforce- and intended transit. ment vessels can be contacted on VHF (2) In accordance with the general Marine Band Radio, Channel 16 (156.8 regulations § 165.33 of this part, entry MHz). into these zones is prohibited except as (3) Fixed security zones in the Port Ev- authorized by the Captain of the Port erglades. A fixed security zone encom- Miami or his designated representa- passes all waters west of an imaginary tive. Other vessels such as pilot boats, line starting at the northern most cruise ship tenders, tug boats and con- point 26°05.98′ N, 080°07.15′ W, near the tracted security vessels may assist the west side of the 17th Street Causeway Coast Guard Captain of the Port under Bridge, to the southern most point the direction of his designated rep- 26°05.41′ N, 080°06.96′ W, on the northern resentative by monitoring these zones tip of pier 22. An additional fixed secu- strictly to advise mariners of the re- rity zone encompasses the Intracoastal strictions. The Captain of the Port will Waterway between a line connecting notify the public via Marine Safety point 26°05.41′ N, 080°06.97′ W, on the Radio Broadcast on VHF Marine Band northern tip of berth 22 and a point di- Radio, Channel 16 (156.8 MHz) when the rectly east across the Intracoastal Wa- security zones are being enforced.

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(3) Persons desiring to enter or tran- thorized by the Coast Guard Captain of sit the area of the security zone may the Port of San Juan. contact the Captain of the Port at (305) (2) Persons desiring to transit the 535–8701 or on VHF Marine Band Radio, area of the security zone may contact Channel 16 (156.8 MHz) to seek permis- the Captain of the Port at the Sector sion to transit the area. If permission San Juan at (787) 289–2041 or via VHF is granted, all persons and vessels must radio on Channel 16 to seek permission comply with the instructions of the to transit the area. If permission is Captain of the Port or his or her des- granted, all persons and vessels must ignated representative. comply with the instructions of the (4) The Captain of the Port Miami Captain of the Port or his designated may waive any of the requirements of representative. this subpart for any vessel upon finding (3) Coast Guard Sector San Juan will that the vessel or class of vessel, oper- attempt to notify the maritime com- ational conditions, or other cir- munity of periods during which these cumstances are such that application security zones will be in effect by pro- of this subpart is unnecessary or im- viding advance notice of scheduled ar- practical for the purpose of port secu- rivals and departures of cruise ships rity, safety or environmental safety. via a broadcast notice 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 and over greater than 100 feet in length that is 100 gross tons that is authorized to authorized to carry more than 150 pas- carry more than 12 passengers for hire sengers for hire, except for a ferry. making voyages lasting more than 24 (d) Authority. In addition to 33 U.S.C hours, except for a ferry. 1231 and 50 U.S.C. 191, the authority for (d) Authority. In addition to 33 U.S.C. this section includes 33 U.S.C. 1226. 1231 and 50 U.S.C. 191, the authority for [COTP San Juan 03–024, 68 FR 33391, June 4, this section includes 33 U.S.C. 1226. 2003, as amended by USCG–2008–0179, 73 FR 35017, June 19, 2008] [COTP Miami 02–115, 68 FR 3189, Jan. 23, 2003] § 165.763 Moving and Fixed Security § 165.762 Security Zone; St. Thomas, Zone, Port of Fredericksted, Saint U.S. Virgin Islands. Croix, U.S. Virgin Islands. (a) Location. Moving and fixed secu- (a) Location. A moving and fixed secu- rity zones are established 50 yards rity zone is established that surrounds around all cruise ships entering, de- all cruise ships entering, departing, parting, moored or anchored in the mooring or anchoring in the Port of Port of St. Thomas, U.S. Virgin Is- Fredericksted, Saint Croix, U.S. Virgin lands. The security zone for a cruise Islands. The security zone extends from ship entering port is activated when the cruise ship outward and forms a 50- the vessel passes: St. Thomas Harbor yard radius around the vessel, from green lighted buoy 3 in approximate surface to bottom. The security zone position 18°19′19″ North, 64°55′40″ West for a cruise ship entering port is acti- when entering the port using St. vated when the vessel is within one Thomas Channel; red buoy 2 in approxi- nautical mile west of the Fredericksted mate position 18°19′15″ North, 64°55′59″ Pier lights. The security zone for a ves- West when entering the port using East sel is deactivated when the cruise ship Gregorie Channel; and red lighted buoy is beyond one nautical mile west of the 4 in approximate position 18°18′16″ Fredericksted Pier lights. The North, 64°57′30″ West when entering the Fredericksted Pier lights are at the port using West Gregorie Channel. following coordinates: 17°42′49″ N, These zones are deactivated when the 64°53′19″ W. All coordinates are North cruise ship passes any of these buoys American Datum 1983 (NAD 1983). on its departure from the Port. (b) Regulations. (1) Under general reg- (b) Regulations. (1) Under general reg- ulations in § 165.33 of this part, enter- ulations in § 165.33 of this part, enter- ing, anchoring, mooring, or transiting ing, anchoring, mooring or transiting in these zones is prohibited unless au- in these zones is prohibited unless au- thorized by the Coast Guard Captain of

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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 will be in effect by providing advance this definition, no specific speed is as- notice of scheduled arrivals and depar- signed to slow speed. A vessel is not tures of cruise ships via a broadcast no- proceeding at slow speed if it is: tice to mariners. (1) On a plane; (c) Definition. As used in this section, (2) In the process of coming up on or cruise ship means a passenger vessel coming off of plane; or greater than 100 feet in length that is (3) Creating an excessive wake. authorized to carry more than 150 pas- [CDG07–03–069, 68 FR 63991, Nov. 12, 2003] sengers for hire, except for a ferry. (d) Authority. In addition to 33 U.S.C. § 165.766 Security Zone: HOVENSA Re- 1231 and 50 U.S.C. 191, the authority for finery, St. Croix, U.S. Virgin Is- this section includes 33 U.S.C. 1226. lands. [COTP San Juan 05–002, 70 FR 22256, Apr. 29, (a) Regulated area. The Coast Guard is 2005] establishing a security zone in and around the HOVENSA Refinery on the § 165.764 [Reserved] south coast of St. Croix, U.S. Virgin Is- lands. This security zone includes all § 165.765 Regulated Navigation Area; waters from surface to bottom, encom- Port Everglades Harbor, Fort Lau- passed by an imaginary line connecting derdale, Florida. the following points: Point 1: 17°41′31″ (a) Location. The following area in North, 64°45′09″ West, Point 2: 17°39′36″ Port Everglades harbor is a regulated North, 64°44′12″ West, Point 3: 17°40′00″ navigation area: all waters of Port Ev- North, 64°43′36″ West, Point 4: 17°41′48″ erglades harbor, from shore to shore, North, 64°44′25″ West, and returning to encompassed by a line commencing at the point of origin. These coordinates the south mid-point tip of Harbor are based upon North American Datum Heights approximately 26°05.687′ N, 1983 (NAD 1983). 080°06.684′ W; thence south across Bar (b) Regulations. (1) Under § 165.33, Cut to a point north of the Nova Uni- entry into or remaining in the security versity Marina approximately 26°05.552′ zone in paragraph (a) of this section is N, 080°06.682′ W, thence southwesterly prohibited unless authorized by the to a point near the center of Lake Coast Guard Captain of the Port San Mabel approximately 26°05.482′ N, Juan or vessels have a scheduled ar- 080°06.793′ W, thence northwesterly to a rival in accordance with the Notice of point near the Quick Flashing Red #12 Arrival requirements of 33 CFR part approximately 26°05.666′ N, 080°06.947′ W, 160, subpart C. thence east to south mid-point tip of (2) Persons and vessels desiring to Harbor Heights (starting point) ap- transit the Regulated Area may con- proximately 26°05.687′ N, 080°06.684′ W. tact the U.S. Coast Guard Captain of (b) Regulations. Vessels less than 150 the Port, San Juan, at telephone num- meters entering and transiting through ber 787–289–2041 or on VHF channel 16 the regulated navigation area shall (156.8 MHz) to seek permission to tran- proceed at a slow speed. Nothing in sit the area. If permission is granted, this section alleviates vessels or opera- all persons and vessels must comply

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with the instructions of the Captain of (2) In the process of coming up onto the Port. or coming off a plane; or [COTP San Juan 05–007, 72 FR 43537, Aug. 6, (3) Creating an excessive wake. 2007] (b) Regulated area. All navigable waters, as defined in 33 CFR 2.36, with- §§ 165.767–165.768 [Reserved] in the Captain of the Port Zone, Charleston, South Carolina 33 CFR § 165.769 Security Zone; Escorted Ves- 3.35–15. sels, Charleston, South Carolina, (c) Security zone. A 300-yard security Captain of the Port Zone. zone is established around each es- (a) Definitions. The following defini- corted vessel within the regulated area tions apply to this section: described in paragraph (b) of this sec- COTP means Captain of the Port tion. This is a moving security zone Charleston, SC. when the escorted vessel is in transit Designated representatives means and becomes a fixed zone when the es- Coast Guard Patrol Commanders in- corted vessel is anchored or moored. A cluding Coast Guard coxswains, petty security zone will not extend beyond officers and other officers operating the boundary of the regulated area in Coast Guard vessels, and federal, state, this section. and local officers designated by or as- (d) Regulations. (1) The general regu- sisting the COTP, in the enforcement lations for security zones contained in of the security zone. § 165.33 of this part applies to this sec- Escorted vessel means a vessel, other tion. than a large U.S. naval vessel as de- fined in 33 CFR 165.2015, that is accom- (2) A vessel may request the permis- panied by one or more Coast Guard as- sion of the COTP Charleston or a des- sets or other Federal, State or local ignated representative to enter the se- law enforcement agency assets clearly curity zone described in paragraph (c) identifiable by lights, vessel markings, of this section. If permitted to enter or with agency insignia as listed below: the security zone, a vessel must pro- Coast Guard surface or air asset dis- ceed at the minimum safe speed and playing the Coast Guard insignia. must comply with the orders of the State and/or local law enforcement COTP or a designated representative. asset displaying the applicable agency No vessel or person may enter the markings and/or equipment associated inner 50-yard portion of the security with the agency. zone closest to the vessel. When escorted vessels are moored, (e) Notice of security zone. The COTP dayboards or other visual indications will inform the public of the existence such as lights or buoys may be used. In or status of the security zones around all cases, broadcast notice to mariners escorted vessels in the regulated area will be issued to advise mariners of by Broadcast Notice to Mariners. Coast these restrictions. Guard assets or other Federal, State or Minimum safe speed means the speed local law enforcement agency assets at which a vessel proceeds when it is will be clearly identified by lights, ves- fully off plane, completely settled in sel markings, or with agency insignia. the water and not creating excessive When escorted vessels are moored, wake. Due to the different speeds at dayboards or other visual indications which vessels of different sizes and con- such as lights or buoys may be used. figurations may travel while in compli- (f) Contact information. The COTP ance with this definition, no specific Charleston may be reached via phone speed is assigned to minimum safe speed. In no instance should minimum at (843) 724–7616. Any on scene Coast safe speed be interpreted as a speed less Guard or designated representative as- than that required for a particular ves- sets may be reached via VHF-FM chan- sel to maintain steerageway. A vessel nel 16. is not proceeding at minimum safe [USCG–2007–0115, 73 FR 30562, May 28, 2008] speed if it is: (1) On a plane;

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§ 165.770 Security Zone: HOVENSA Re- tween berths 4 and 7 at approximate finery, St. Croix, U.S. Virgin Is- position 17°58′12″ N, 066°37′08″ W. lands. (b) Definitions. The following defini- (a) Regulated area. The Coast Guard is tions apply to this section: establishing a security zone in and Designated representative means Coast around the HOVENSA Refinery on the Guard Patrol Commander including south coast of St. Croix, U.S. Virgin Is- Coast Guard coxswains, petty officers lands. This security zone includes all and other officers operating Coast waters from surface to bottom, encom- Guard vessels and federal, state, and passed by an imaginary line connecting local officers designated by or assisting the following points: Point 1 in posi- the COTP San Juan in the enforcement tion 17°41′31″ N, 064°45′09″ W; Point 2 in of the safety zone. position 17°39′36″ N, 064°44′12″ W; Point 3 (c) Regulations. In accordance with in position 17°40′00″ N, 064°43′36″ W; the general regulations in § 165.23 of Point 4 in position 17°41′48″ N, 064°44′25″ this part, anchoring, mooring or W; then tracing the shoreline along the transiting in these zones is prohibited water’s edge to the point of origin. unless authorized by the Coast Guard These coordinates are based upon Captain of the Port or a designated North American Datum 1983 (NAD representative. Persons and vessels de- 1983). siring to transit the Regulated Area (b) Regulations. (1) Under § 165.33, may contact the U.S. Coast Guard Cap- entry into or remaining within the reg- tain of the Port San Juan at telephone ulated area in paragraph (a) of this sec- number 787–289–2041 or on VHF channel tion is prohibited unless authorized by 16 (156.9 MHz). the Coast Guard Captain of the Port (d) Enforcement periods. The Coast San Juan or vessels have a scheduled Guard will notify the maritime com- arrival at HOVENSA, Limetree Bay, munity of effective periods via a broad- St. Croix, in accordance with the No- cast notice to mariners on VHF Marine tice of Arrival requirements of 33 CFR Band Radio, Channel 22A (156.8 MHz). part 160, subpart C. (2) Persons and vessels desiring to [USCG–2007–0075, 73 FR 54951, Sept. 24, 2008] transit the Regulated Area may con- tact the U.S. Coast Guard Captain of § 165.773 Security Zone; Escorted Ves- the Port San Juan at telephone num- sels in Captain of the Port Zone ber 787–289–2041 or on VHF channel 16 Jacksonville, Florida. (156.8 MHz) to seek permission to tran- (a) Definitions. The following defini- sit the area. If permission is granted, tions apply to this section: all persons and vessels must comply COTP means Captain of the Port with the instructions of the Captain of Jacksonville, FL. the Port. Designated representatives means [USCG–2008–0284, 73 FR 27746, May 14, 2008] Coast Guard Patrol Commanders in- cluding Coast Guard coxswains, petty § 165.771 Safety Zone; Bahia de Ponce, officers and other officers operating Puerto Rico. Coast Guard vessels or aircraft, and (a) Location. The following area is es- federal, state, and local officers des- tablished as a safety zone during the ignated by or assisting the COTP, in specified conditions: the enforcement of the security zone. (1) A 100 yard radius around any ves- Escorted vessel means a vessel, other sel carrying Liquefied Natural Gas than a large U.S. naval vessel as de- (LNG) cargo while transiting north of fined in 33 CFR 165.2015, that is accom- Latitude 17°54′00″ N in the waters of the panied by one or more Coast Guard as- Caribbean Sea and the Bahia de Ponce, sets or other Federal, State, or local on approach to or departure from the law enforcement agency assets clearly Puerto de Ponce waterfront facility in identifiable by lights, vessel markings, Bahia de Ponce. or with agency insignia as follows: (2) The waters within 150 feet of any (1) Coast Guard surface or air asset vessel carrying LNG cargo while displaying the Coast Guard insignia. moored at the Puerto de Ponce water- (2) State and/or local law enforce- front facility in Bahia de Ponce, be- ment asset displaying the applicable

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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 speed. In no instance should minimum [USCG–2008–0203, 73 FR 28710, May 19, 2008] 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 speed if it is: (a) Regulated area. (1) Zone (A) is de- (1) On a plane; fined by four latitude and longitude (2) In the process of coming up onto corner points. Zone A originates from ° ′ or coming off a plane; or the baseline at position 28 45.7 N, ° ′ (3) Creating an excessive wake. 080 42.7 W; then proceeds northeast to ° ′ ° ′ (b) Regulated area. All navigable 28 50.1 N, 080 29.9 W; then proceeds ° ′ ° ′ waters, as defined within Captain of southeast to 28 31.3 N, 080 19.6 W; then the Port Zone, Jacksonville, Florida as proceeds west back to the baseline at ° ′ ° ′ defined in 33 CFR 3.35–20. position 28 31.3 N, 080 33.4 W. (c) Security zone. A 500-yard security (2) Zone (B) is defined by four lati- zone is established around each es- tude and longitude corner points. Zone corted vessel within the regulated area B originates from the baseline at posi- described in paragraph (b) of this sec- tion 28°40.1′ N, 080°38.4′ W; then pro- tion. This is a moving security zone ceeds northeast to 28°48.8′ N, 080°28.9′ W; when the escorted vessel is in transit then proceeds southeast to 28°29.7′ N, and becomes a fixed zone when the es- 080°18.9′ W; then proceeds west back to corted vessel is anchored or moored. A the baseline at position 28°29.7′ N, security zone will not extend beyond 080°31.6′ W. the boundary of the regulated area in (3) Zone (C) is defined by four lati- this section. tude and longitude corner points. Zone (d) Regulations. (1) The general regu- C originates from the baseline at posi- lations for security zones contained in tion 28°36.2′ N, 080°35.3′ W; then pro- § 165.33 of this part applies to this sec- ceeds northeast to 28°45.6′ N, 080°25.2′ W; tion. then proceeds south to 28°26′ N, 080°20.8′ (2) A vessel may request the permis- W; then proceeds west back to the sion of the COTP or a designated rep- baseline at position 28°26′ N, 080°34.4′ W. resentative to enter the security zone (4) Zone (D) is defined by four lati- described in paragraph (c) of this sec- tude and longitude corner points. Zone tion. If permitted to enter the security D originates from the baseline at posi- zone, a vessel must proceed at the min- tion 28°31.6′ N, 080°34′ W; then proceeds imum safe speed and must comply with east to 28°31.6′ N, 080°20.1′ W; then pro- the orders of the COTP or a designated ceeds south to 28°16.7′ N, 080°23.3′ W; representative. No vessel or person then proceeds northwest back to the may enter the inner 100-yard portion of baseline at position 28°21.6′ N, 080°36.1′ the security zone closest to the vessel. W. (e) Notice of security zone. The COTP (b) Definitions. The following defini- will inform the public of the existence tions apply to this section:

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Designated representative means Coast back to shore at the northwest end of Guard Patrol Commanders including the CG facility at Point 7 at 18°27′46″ N, Coast Guard coxswains, petty officers 066°07′07″ W. These coordinates are and other officers operating Coast based upon North American Datum Guard vessels, and federal, state, and 1983. local officers designated by or assisting (b) Definitions. As used in this sec- the Captain of the Port (COTP) Jack- tion— sonville in the enforcement of regu- Vessel means every description of lated navigation areas, safety zones, watercraft or other artificial contriv- and security zones. ance used, or capable of being used, as (c) Regulations. In accordance with a means of transportation on water, ex- the general regulations in § 165.23 of cept U.S. Coast Guard or U.S. naval this part, anchoring, mooring or vessels. transiting in this zone is prohibited un- (c) Regulations. (1) No person or vessel less authorized by the Coast Guard may enter into the security zone de- Captain of the Port Jacksonville or his scribed in paragraph (a) of this section designated representative. unless authorized by the Captain of the (d) Notice of a safety zone. The pro- Port San Juan. posed safety zones are temporary in na- (2) Vessels seeking to enter the secu- ture and will only be enacted and en- rity zone established in this section forced prior to, and just after a suc- may contact the COTP on VHF channel cessful launch. The COTP will inform 16 or by telephone at (787) 289–2041 to the public of the existence or status of request permission. the safety zone(s) by Broadcast Notice [USCG–2008–0440, 74 FR 9769, Mar. 6, 2009] to Mariners on VHF–FM channel 16, Public Notice, on-scene presence, and § 165.777 Security Zone; West Basin, by the display of a yellow ball from a Port Canaveral Harbor, Cape Ca- 90-foot pole near the shoreline at ap- naveral, Florida. proximately 28°35′00″ N, 080°34′36″ W, (a) Regulated area. The following area and from a 90-foot pole near the shore- is a security zone: All waters of the line at approximately 28°25′18″ N, West Basin of Port Canaveral Harbor 080°35′00″ W. Coast Guard assets or northwest of an imaginary line be- other Federal, State, or local law en- tween two points: 28°24′57.88″ N, forcement assets will be clearly identi- 080°37′25.69″ W to 28°24′37.48″ N, fied by lights, markings, or with agen- 080°37′34.03″ W. cy insignia. (b) Requirement. (1) This security zone (e) Contact information. The COTP will be activated 4 hours prior to the Jacksonville may be reached by tele- scheduled arrival of a cruise ship at the phone at (904) 564–7513. Any on-scene West Basin of Port Canaveral Harbor Coast Guard or designated representa- during MARSEC Levels 2 and 3 or when tive assets may be reached on VHF–FM the COTP determines there is a speci- channel 16. fied credible threat during MARSEC [USCG–2008–0411, 74 FR 14728, Apr. 1, 2009] Level 1. This security zone will not be deactivated until the departure of all § 165.776 Security Zone; Coast Guard cruise ships from the West Basin. The Base San Juan, San Juan Harbor, zone is subject to enforcement when it Puerto Rico. is activated. (a) Location. The following area is a (2) Under general security zone regu- security zone: All waters from surface lations of 33 CFR 165.33, no vessel or to bottom, encompassed by an imagi- person may enter or navigate within nary line connecting the following the regulated area unless specifically points, beginning at 18°27′39″ N, authorized by the COTP or the COTP’s 066°06′56″ W; then east to Point 2 at designated representative. Any person 18°27′39″ N, 066°06′52″ W; then south to or vessel authorized to enter the secu- Point 3 at 18°27′35″ N, 066°06′52″ W; then rity zone must operate in strict con- southwest to Point 4 at 18°27′30″ N, formance with any direction given by 066°06′59″ W; then northeast to Point 5 the COTP or a designated representa- at 18°27′25″ N, 066°07′07″ W; then north to tive and leave the security zone imme- Point 6 at 18°27′46″ N, 066°07′10″ W; then diately if so ordered.

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(3) The public will be notified when (b) Definitions. As used in this sec- the security zone is activated by the tion: display of a red ball on a 50-foot pole Cruise ship means any vessel over 100 located at the east end of Cruise Ship gross registered tons, carrying more terminal 10. This red ball will be low- than 12 passengers for hire. ered when the security zone is deacti- Designated representative means Coast vated. To ensure boaters are given suf- Guard Patrol Commanders including ficient knowledge of the security zone, Coast Guard coxswains, petty officers the Coast Guard will continuously and other officers operating Coast broadcast the activations of the zone Guard vessels and Federal, State, and and law enforcement vessels will be on local officers designated by or assisting scene to inform boaters that the zone the Captain of the Port San Juan in has been activated. Vessels encroach- the enforcement of the security zone. ing on the security zone will be issued Vessel means every description of a Public Notice which clearly states watercraft or other artificial contriv- the location of the security zone and ance used, or capable of being used, as the times it will be enforced. This will a means of transportation on water, ex- be the boater’s first warning prior to cept U.S. Coast Guard or U.S. Naval enforcement action being taken. vessels and servicing pilot and tug (c) Definitions. The following defini- boats. tion applies to this section: (c) Regulations. (1) No person or vessel Designated representative means Coast may enter into the security zone under Guard Patrol Commanders including this section unless authorized by the Coast Guard coxswains, petty officers Captain of the Port San Juan. and other officers operating Coast (2) Vessels seeking to enter a secu- Guard vessels, and federal, state, and rity zone established in this section, local law enforcement officers des- may contact the COTP on VHF channel ignated by or assisting the COTP in the 16 or by telephone at (787) 289–2041 to enforcement of the security zone. request permission. (d) Captain of the Port contact informa- (3) All persons and vessels granted tion. If you have questions about this permission to enter the security zone regulation, please contact the Sector must comply with the orders of the Command Center at (904) 564–7513. Captain of the Port San Juan and des- (e) Enforcement periods. This section ignated on-scene U.S. Coast Guard pa- will only be subject to enforcement trol personnel. On-scene U.S. Coast when the security zone described in Guard patrol personnel include com- paragraph (a) is activated as specified missioned, warrant, and petty officers in paragraph (b)(1) of this section. of the U.S. Coast Guard. [USCG–2008–0752, 74 FR 15856, Apr. 8, 2009] (d) Effective period. This section is ef- fective on April 29, 2009. § 165.778 Security Zone; Port of Maya- [USCG–2008–0070, 74 FR 14049, Mar. 30, 2009] guez, Puerto Rico. (a) Security zone. A moving and fixed § 165.779 Regulated Navigation Area; security zone is established around all Columbus Day Weekend, Biscayne cruise ships entering, departing, moor- Bay, Miami, FL. ing, or anchoring in the Port of Maya- (a) Regulated area. The regulated guez, Puerto Rico. The regulated area navigation area encompasses all waters includes all waters from surface to bot- of Biscayne Bay between Rickenbacker tom within a 50-yard radius of the ves- Causeway Bridge and Coon Point, El- sel. The zone is activated when a cruise liot Key contained within an imagi- ship on approach to the Port of Maya- nary line connecting the following guez enters within 1 nautical mile of points: beginning at Point 1 in position the Bahia de Mayaguez Range Front 25°44′49″ N, 80°12′04″ W; thence south- Light located in position 18°13′12″ N west to Point 2 in position 25°30′00″ N, 067°10′46″ W. The zone is deactivated 80°15′48″ W; thence southeast to Point 3 when a cruise ship departs the Port of in position 25°28′22″ N, 80°15′00″ W; Mayaguez and is no longer within 1 thence east to Point 4 in position nautical mile of the Bahia de Maya- 25°28′23″ N, 80°12′53″ W; thence northeast guez Range Front Light. to Point 5 in position 25°30′00″ N,

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80°12′06″ W; thence west to Point 6 in (2) Brunswick, GA. All waters starting position 25°30′00″ N, 80°13′17″ W; thence at the demarcation line drawn across northwest to Point 7 in position the seaward extremity of the Savannah 25°30′53″ N, 80°13′21″ W; thence northeast River entrance, and encompassing all to Point 8 in position 25°43′57″ N, of the waters of the Brunswick River, 80°10′01″ W; thence back to origin. All Brunswick GA. coordinates are North American (3) All coordinates are North Amer- Datum 1983. ican Datum 1983. (b) Definition. The term ‘‘designated (b) Definition. (1) The term ‘‘des- representative’’ means Coast Guard Pa- ignated representative’’ means Coast trol Commanders, including Coast Guard Patrol Commanders, including Guard coxswains, petty officers, and Coast Guard coxswains, petty officers, other officers operating Coast Guard and other officers operating Coast vessels, and Federal, state, and local Guard vessels, and Federal, state, and officers designated by or assisting the local officers designated by or assisting Captain of the Port Miami in the en- the Captain of the Port Savannah in forcement of the regulated area. the enforcement of the regulated area. (c) Regulations. (1) All vessels within (2) Hurricane Port Condition YANKEE. the regulated area are required to tran- Set when weather advisories indicate sit at no more than 15 knots, are sub- that sustained Gale Force winds from a ject to control by the Coast Guard, and tropical or hurricane force storm are must follow the instructions of des- predicted to make landfall at the port ignated representatives. within 24 hours. (3) (2) At least 48 hours prior to each en- Hurricane Port Condition ZULU. Set when weather advisories indicate forcement period, the Coast Guard will that sustained Gale Force winds from a provide notice of the regulated area tropical or hurricane force storm are through advanced notice via Local No- predicted to make landfall at the port tice to Mariners and Broadcast Notice within 12 hours. to Mariners. The Coast Guard will also (c) (1) provide notice of the regulated area by Regulations. Hurricane Port Con- All commercial, ocean- on-scene designated representatives. dition YANKEE. going vessels and barges over 500 GT (d) Enforcement period. This rule will are prohibited from entering the regu- be in enforced annually on Columbus lated areas designated as being in Port Day weekend, starting at 12:01 p.m. on Condition YANKEE; within 24 hours of the Saturday before Columbus Day, anticipated landfall of gale force winds through 2:00 a.m. on Monday (the Co- (39 mph) from tropical or hurricane lumbus Day holiday). Columbus Day is force storm; or upon the Coast Guard the federally recognized holiday occur- setting Port Condition YANKEE for in- ring annually on the second Monday in bound ocean going commercial vessel October. traffic over 500 GT. Oceangoing com- [USCG–2012–0191, 77 FR 62439, Oct. 15, 2012] mercial vessel traffic outbound will be authorized to transit through the regu- § 165.780 Safety Zone; Marine Safety lated areas until Port Condition ZULU. Unit Savannah Safety Zone for (2) Hurricane Port Condition ZULU. Heavy Weather and other Natural All commercial, oceangoing vessels and Disasters, Savannah Captain of the barges over 500 GT are prohibited from Port Zone, Savannah, GA. entering the regulated areas designated (a) Regulated areas. The following as being in Port Condition ZULU; with- areas are established as safety zones in 12 hours of anticipated landfall of a during the specified conditions: tropical storm or hurricane; or upon (1) Savannah, GA. All waters within the Coast Guard setting Port Condition the Port of Savannah, GA, encom- ZULU, unless written permission is ob- passed within following locations: tained from the Captain of the Port. starting at the demarcation line drawn All ship-to-shore cargo operations across the seaward extremity of the must cease six hours prior to setting Savannah River entrance, and encom- Port Condition Zulu. passing all of the waters of the Savan- (3) Emergency Waterway Restriction for nah River, Savannah GA. Other Disasters. Any natural or other

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disasters that are anticipated to affect tion areas, safety zones, and security the COTP Savannah AOR will result in zones. the prohibition of commercial vessel (2) Hurricane Port Condition WHISKEY traffic transiting or remaining in any means condition set when weather of the two regulated areas predicted to advisories indicates sustained gale be affected as designated by the COTP force winds (39–54 mph/34–47 knots) Savannah. from a tropical or hurricane force (4) Persons and vessels desiring to storm are predicted to make landfall at enter, transit through, anchor in, or re- the port within 72 hours. main in the regulated area may con- (3) Hurricane Port Condition X–RAY tact the Captain of the Port Savannah means condition set when weather via telephone at (912)–247–0073, or a des- advisories indicates sustained gale ignated representative via VHF radio force winds (39–54 mph/34–47 knots) on channel 16, to request authoriza- from a tropical or hurricane force tion. If authorization to enter, transit storm are predicted to make landfall at through, anchor in, or remain in the the port within 48 hours. regulated area is granted by the Cap- (4) Hurricane Port Condition YANKEE tain of the Port Savannah or a des- means condition set when weather ignated representative, all persons and advisories indicate that sustained gale vessels receiving such authorization force winds (39–54 mph/34–47 knots) must comply with the instructions of from a tropical or hurricane force the Captain of the Port Savannah or a storm are predicted to make landfall at designated representative. the port within 24 hours. (5) Coast Guard Marine Safety Unit (5) Hurricane Port Condition ZULU Savannah will attempt to notify the means condition set when weather maritime community of periods during advisories indicate that sustained gale which these safety zones will be in ef- force winds (39–54 mph/34–47 knots) fect via Broadcast Notice to Mariners from a tropical or hurricane force or by on-scene designated representa- storm are predicted to make landfall at tives. the port within 12 hours. (6) The Coast Guard will provide no- (c) Regulations. (1) Hurricane Port Con- tice of the regulated area via Broadcast dition WHISKEY. All vessel and port fa- Notice to Mariners or by on-scene des- cilities must exercise due diligence in ignated representatives. preparation for potential storm im- (7) This regulation does not apply to pacts. Slow-moving vessels may be or- authorized law enforcement agencies dered to depart to ensure safe avoid- operating within the regulated area. ance of the incoming storm upon the [USCG–2014–1017, 80 FR 26447, May 8, 2015] anticipation of the setting of Port Con- dition X–RAY. The PHWAG will make § 165.781 Safety Zone; hurricanes and recommendations to the Captain of the other disasters in Western Florida. Port to identify vessels that may need (a) Regulated areas. The following to be diverted to ensure the safety of areas are established as a safety zone the port. Ports and waterfront facili- during the specified conditions: ties shall begin removing all debris and (1) All waters within the Sector St. securing potential flying hazards. Con- Petersburg Captain of the Port zone tainer stacking plans shall be imple- encompassing all navigable waters or mented. Waterfront facilities that, are tributaries between or within unable to reduce container stacking through height to no more than four high, must Chokoloskee Pass, Florida. submit a container stacking protocol (2) [Reserved] to the Captain of the Port (COTP). (b) Definition. (1) Designated Rep- (2) Hurricane Port Condition X–RAY. resentative means Coast Guard Patrol All vessels and port facilities shall en- Commanders including Coast Guard sure that potential flying debris is re- coxswains, petty officers and other offi- moved or secured. Hazardous materials/ cers operating Coast Guard vessels, and pollution hazards must be secured in a federal, state, and local officers des- safe manner and away from waterfront ignated by or assisting the COTP, in areas. Facilities shall continue to im- the enforcement of regulated naviga- plement container stacking protocol.

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Containers must not exceed four tiers, as early as eight hours prior to the ar- unless previously approved by the rival of tropical storm force winds. COTP. Containers carrying hazardous Coast Guard Port Assessment Teams materials may not be stacked above will conduct Port Condition YANKEE the second tier. All oceangoing com- validation. The COTP will convene the mercial vessels greater than 500-gross Port Heavy Weather Advisory Group tons must prepare to depart ports and (PHWAG), as deemed necessary. anchorages within Tampa Bay. These (4) Hurricane Port Condition ZULU. vessels shall depart immediately upon All port waterfront operations are sus- the setting of Port Condition YANKEE. pended, except final preparations that During this condition slow-moving ves- are expressly permitted by the COTP sels may be ordered to depart to ensure necessary to ensure the safety of the safe avoidance of the incoming storm. ports and facilities. Coast Guard Port A COTP Order will be issued to vessels Assessment Teams will conduct final asked to depart early. COTP orders re- port assessments. quiring vessel departure will be consid- (5) Emergency Restrictions for Other ered on a case-by-case basis. Vessels Disasters. Any natural or other disas- that are unable to depart the port must ters that are anticipated to affect the contact the COTP to request and re- Sector St. Petersburg Captain of the ceive permission to remain in port. Port zone will result in the prohibition Proof of facility owner/operator ap- of commercial vessel traffic transiting proval is required. Vessels with COTP’s or remaining in the port and/or facility permission to remain in port must im- operations. plement their pre-approved mooring arrangement. Terminal operators shall [USCG–2014–0764, 80 FR 36715, June 26, 2015] prepare to terminate all cargo oper- ations. The COTP may require addi- § 165.782 Safety Zone; restricted visi- bility in Tampa Bay. tional precautions to ensure the safety of the ports and waterways. Coast (a) Regulated areas. The following Guard Port Assessment Teams will be areas are established as safety zones deployed to validate implementation of during the specified conditions: Port Condition X–RAY. The COTP will (1) Zone 1 (Interbay) means all navi- convene the Port Heavy Weather Advi- gable waters within a box marked by sory Group (PHWAG) as deemed nec- the following coordinates: 27°52′56″ N., essary. 82°29′44″ W.; thence to 27°52′50″ N., (3) Hurricane Port Condition YANKEE. 82°23′41″ W.; thence to 27°57′27″ N., Affected ports are closed to inbound 82°23′50″ W. thence to 27°57′19″ N., vessel traffic. All oceangoing commer- 82°29′39″ W.. This encompasses all Navi- cial vessels greater than 500-gross tons gable waterways North of Hillsborough must have departed Tampa Bay. Appro- Cut ‘‘C’’ Channel LB ‘‘25’’ (LLNR 23445) priate container stacking protocol & ‘‘26’’ (LLNR 23450). must be completed. Terminal operators (2) Zone 2 (East Tampa/Big Bend) must terminate all cargo operations means all navigable waters within a not associated with storm prepara- box marked by the following coordi- tions: cargo operations associated with nates: 27°52′50″ N., 82°23′41″ W.; thence storm preparations include moving to 27°46′36″ N.; 82°24′04″ W.; thence to cargo within or off the port for s 27°46′29″ N., 82°31′21″ W.; thence to ecuring purposes, crane and other port/ 27°52′59″ N., 82°31′24″ W. This zone en- facility equipment preparations, and compasses all navigable waterways be- similar activities, but do not include tween Hillsborough Cut ‘‘C’’ Channel moving cargo onto the port or vessel LB ‘‘25’’ (LLNR 23445) & ‘‘26’’ (LLNR loading/discharging operations unless 23450) to Cut ‘‘6F’’ (LLNR 22830) Chan- specifically authorized by the COTP. nel. All facilities shall continue to operate (3) Zone 3 (Old Tampa Bay) means all in accordance with approved Facility navigable waters within a box marked Security Plans and comply with the re- by the following coordinates: 27°46′29″ quirements of the Maritime Transpor- N., 82°31′21″ W.; 28°01′58″ N., 82°31′39″ W.; tation Security Act (MTSA). Draw- thence to 28°02′01″ N., 82°43′20″ W.; bridges may be closed to vessel traffic thence to 27°46′15″ N., 82°43′24″ W. This

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zone encompasses all navigable water- (c) Regulations. (1) Vessel should not ways between all of Old Tampa Bay to commence an inbound, shift, or out- Cut ‘‘6F’’ (LLNR 22830) Channel. bound transit during periods where vis- (4) Zone 4 (Middle Tampa Bay) means ibility is less than one nautical mile all navigable waters within a box due to fog or inclement weather. marked by the following coordinates: (2) The COTP may open or close 27°46′34″ N., 82°34′04″ W.; thence to Tampa Bay or specific zones to vessel 27°38′40″ N., 82°31′54″ W.; thence to traffic described in the regulated areas 27°44′38″ N., 82°40′44″ W.; thence to section of this chapter. 27°46′15″ N., 82°40′46″ W. This zone en- compasses all navigable waterways be- [USCG–2014–0764, 80 FR 36716, June 26, 2015] tween Cut ‘‘6F’’ (LLNR 22830) Channel § 165.783 Safety Zone; firework dis- to Tampa Bay ‘‘1C’’ (LLNR 22590). plays in Captain of the Port Zone (5) Zone 5 (Lower Tampa Bay/Man- St. Petersburg, Florida. atee) means all navigable waters with- in a box marked by the following co- (a) Regulated area. The following area ordinates: 27°44′33″ N., 82°40′37″ W.; is established as a safety zone during thence to 27°58′59″ N., 82°40′34″ W.; the specified conditions: All waters thence to 27°36′18″ N., 82°38′57″ W.; within the Sector St. Petersburg COTP thence to 27°34′10″ N., 82°34′50″ W.; Zone up to a 500-yard radius of all fire- thence to 27°37′56″ N., 82°31′15″ W. This work platforms, structures or barges zone encompasses all navigable water- during the storage, preparation, and ways between Tampa Bay ‘‘1C’’ (LLNR launching of fireworks. Designated rep- 22590) to Sunshine Skyway Bridge. resentatives may reduce the 500-yard (6) Zone 6 (Mullet Key) means all zone based on prevailing conditions and navigable waters within a box marked enforcement needs. by the following coordinates: 27°38′59″ (1) The Coast Guard realizes that N., 82°40′35″ W.; thence to 27°36′44″ N., some large scale events, such as those 82°44′13″ W.; thence to 27°32′20″ N., with many participants or spectators, 82°44′37″ W.; thence to 27°31′18″ N., or those that could severely restrict 82°38′59″ W.; thence to 27°34′09″ N., navigation or pose a significant hazard, 82°34′53″ W.; thence to 27°36′15″ N., may still require separate special local 82°39′00″ W. This zone encompasses all regulations or safety zones that ad- navigable waterways between the Sun- dress the specific peculiarities of the shine Skyway Bridge to Mullet Key event. In those situations, the Coast Channel LB ‘‘21’’ (LLNR 22365) & ‘‘22’’ Guard will create special local regula- (LLNR 22370). tions or safety zones specifically for (7) Zone 7 (Egmont Entrance) means the event. Those regulations will su- all navigable waters within the area persede the regulations in this section. encompassed by the following coordi- (2) All firework platforms, structures nates: 27°36′27″ N., 82°44′14″ W.; thence or barges will also have a sign on their to 27°39′46″ N., 82°44′45″ W.; thence to port and starboard side labeled ‘‘FIRE- 27°39′36″ N., 83°05′10″ W.; thence to WORKS—STAY AWAY’’. This sign will 27°32′29″ N., 83°04′50″ W.; thence to consist of 10-inch high by 1.5-inch wide 27°32′21″ N., 82°44′42″ W. This zone in- red lettering on a white background. cludes the fairway anchorages. Shore fireworks site that affect navi- (8) All coordinates are North Amer- gable waterways will display a sign ican Datum 1983. with the aforementioned specifica- (b) Definition. (1) Designated Rep- tions. resentative means Coast Guard Patrol (b) Definitions. Commanders including Coast Guard Designated Representative means coxswains, petty officers and other offi- Coast Guard Patrol Commanders in- cers operating Coast Guard vessels, and cluding Coast Guard coxswains, petty federal, state, and local officers des- officers and other officers operating ignated by or assisting the COTP, in Coast Guard vessels, and federal, state, the enforcement of regulated naviga- and local officers designated by or as- tion areas, safety zones, and security sisting the COTP, in the enforcement zones. of regulated navigation areas, safety (2) [Reserved] zones, and security zones.

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Captain of the Port (COTP) for the entry into this zone is prohibited un- purpose of this section means the Com- less authorized by the Captain of the manding Officer of Coast Guard Sector Port (COTP) Ohio Valley or a des- St. Petersburg. ignated representative. Captain of the Port St. Petersburg Zone (2) Persons or vessels desiring to is defined in 33 CFR 3.35–35. enter into or passage through the zone (c) Regulations. (1) All persons and must request permission from the vessels are prohibited from entering, COTP Ohio Valley or a designated rep- transiting through, anchoring in, or re- resentative. They may be contacted on maining within the regulated area un- VHF–FM channel 16 or by telephone at less authorized by the Coast Guard 1–502–5424. Captain of the Port St. Petersburg or a (3) If permission is granted, all per- designated representative. sons and vessels shall comply with the (2) Persons and vessels desiring to instructions of the COTP Ohio Valley enter, transit through, anchor in, or re- or designated representative. main in the regulated area may con- (d) Informational broadcasts. The tact the Captain of the Port St. Peters- COTP Ohio Valley or a designated rep- burg via telephone at (727)–824–7506, or resentative will inform the public a designated representative via VHF through broadcast notices to mariners radio on channel 16, to request author- of the enforcement period for the emer- ization. If authorization to enter, tran- gency safety zone as well as any sit through, anchor in, or remain in the changes in the dates and times of en- regulated area is granted by the Cap- forcement. tain of the Port St. Petersburg or a [USCG–2015–0505,] designated representative, all persons and vessels receiving such authoriza- EFFECTIVE DATE NOTE: By USCG–2015–0505, 80 FR 36918, June 29, 2014, temporary tion must comply with the instructions § 165.T08–0505 was added, effective from June of the Captain of the Port St. Peters- 29, 2015 until July 7, 2015. burg or a designated representative. (3) The Coast Guard will provide no- § 165.T08–0698 Safety Zone; Port of tice of the regulated area via Broadcast Galveston, Pelican Island Bridge Notice to Mariners or by on-scene des- Repair. ignated representatives. Fireworks (a) Definition. As used in this section, platforms, piers, and structures will Public boaters means all recreational also have signs to notify the public of boaters and their vessels. the danger and to keep away. (b) Safety Zone. This area includes all (4) This section does not apply to au- waters of Galveston Channel enclosed thorized law enforcement agencies op- within an area extending 50 feet out erating within the regulated area. from the position 29°18′38.23″ N, ° ′ ″ [USCG–2014–0764, 80 FR 36716, June 26, 2015] 094 49 24.84 W. All coordinates are based on NAD83. EIGHTH COAST GUARD DISTRICT (c) Effective date. This rule is effec- tive and will be enforced from October § 165.T08–0505 Safety Zone; Ohio River 1, 2013 to December 15, 2015. between mile 603.4 and 605.4, Louis- (d) Regulations. (1) In accordance with ville, KY. the general regulations in § 165.23 of (a) Location. The following area is a this part, entry into this zone is pro- safety zone: All waters of the Ohio hibited to all vessels except participant River between mile 603.4 and mile 605.4, vessels and those vessels specifically Louisville, KY, extending the entire authorized by the Captain of the Port, width of the Ohio River. Houston-Galveston or a designated rep- (b) Effective dates. This safety zone is resentative. effective and enforceable with actual (2) Persons or vessels requiring entry notice from June 9, 2015 to July 7, 2015 into or passage through must request or until maintenance on the L&I RR permission from the Captain of the Bridge is complete, whichever occurs Port, Houston-Galveston, or a des- earlier. ignated representative. They may be (c) Regulations. (1) In accordance with contacted on VHF Channel 13 or 16, or the general regulations in § 165.23, by telephone at (713) 671–5103.

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(3) All persons and vessels shall com- tain a safe course, unless required to ply with the instructions of the Cap- maintain speed by the Navigation tain of the Port, Houston-Galveston, Rules, and shall proceed as directed by designated representatives and des- the Coast Guard. ignated on-scene U.S. Coast Guard pa- (ii) If authorized to operate within trol personnel. On-scene U.S. Coast the security zone, no vessel or person is Guard patrol personnel include com- allowed within 50 yards of the escorted missioned, warrant and petty officers vessel. A specific request for deviation of the U.S. Coast Guard. from this rule to operate within 50 yards of the escorted vessels must be EFFECTIVE DATE NOTE: By USCG–2013–0698, 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- ply with the instructions of the COTP sissippi River, New Orleans, LA. 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 other Federal, State or local law en- [USCG–2013–0994, 79 FR 7587, Feb. 10, 2014] forcement agency assets clearly identi- § 165.T08–1069 Safety Zones, Captain fied by lights, vessel markings, or of the Port New Orleans Zone, LA. agency insignia. The Captain of the Port (COTP) New Orleans or a COTP (a) Locations. The following areas are New Orleans designated representative safety zones: will inform the public through broad- (1) All waters of the Lower Mis- cast notices to mariners of security sissippi River from mile marker 94 to zone enforcement periods as well as mile marker 96 above Head of Passes, any changes that may occur. New Orleans, LA. This location will be (d) Regulations. (1) In accordance with used for the New Orleans Navy Week the general regulations in § 165.33 of and Hosts Global events. this part, remaining in, entry into, or (2) All waters of the Tchefuncta transiting within this security zone is River from the confluence of the prohibited. Section § 165.33 also con- Tchefuncta River and Lake Pont- tains other general requirements. chartrain, extending one mile north (2) Vessels requiring deviation from into the Tchefuncta River, Madison- this rule must request permission from ville, LA. This location will be used for the COTP New Orleans through the on- the Madisonville Fourth of July event. scene Coast Guard or other agency (3) All waters of Lake Pontchartrain asset, via VHF Ch. 67. extending 350 feet in all directions (i) Requests for deviation may in- from the end of the Fountainbleau clude requests to enter, remain in, or State Park Pier in Mandeville, LA. transit through certain parts of the se- This location will be used for the curity zone. If a deviation from the Mandeville City Seafood Festival. rule results in permission to enter, re- (4) All waters of Lake Pontchartrain main in, or transit through the secu- extending 350 feet in all directions rity zone, all vessels shall operate at from a fireworks barge located offshore the minimum speed necessary to main- of Mandeville, LA. This location will

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be used for the Mandeville Lakefront (d) Information broadcasts. The COTP Fireworks event. New Orleans or a COTP New Orleans (b) Effective dates and dnforcement pe- designated representative will inform riods. This rule is effective during five the public through broadcast notices to individual events occurring on three mariners of the enforcement period for separate dates from April 27, 2015 the safety zones as well as any changes through July 4, 2015. The temporary in the planned schedule. safety zones will be enforced during the following dates and times: EFFECTIVE DATE NOTE: By USCG–2014–1069, (1) April 27, 2015, in the evening for 80 FR 30160, May 27, 2015, temporary one hour or less in the location noted § 165.T08–1069 was added, effective from May in section a.1. 27, 2015 until July 4, 2015. (2) April 28, 2015, in the evening for one hour or less in the location noted § 165.801 Annual fireworks displays and other events in the Eighth in section a.1. Coast Guard District requiring safe- (3) July 4, 2015, in the evening for one ty zones. hour or less in the location noted in section a.2. The Coast Guard is establishing safe- (4) July 4, 2015, in the evening for one ty zones for the annual fireworks dis- hour or less the locations noted in sec- plays and other events requiring safety tion a.3 and a.4. zones listed in the table to § 165.801. (c) Regulations. (1) In accordance with (a) In accordance with the general the general regulations in § 165.23 of regulations in § 165 of this part, entry this part, entry into these zones is pro- into this zone is prohibited unless au- hibited unless specifically authorized thorized by the Captain of the Port or by the Captain of the Port (COTP) New a designated representative. Orleans or designated personnel. Des- (b) Persons or vessels desiring to ignated personnel include commis- enter into or passage through the zone sioned, warrant and petty officers of must request permission from the Cap- the U.S. Coast Guard assigned to units tain of the Port or a designated rep- under the operational control of Sector resentative. New Orleans. (2) Persons and vessels requiring de- (c) If permission is granted, all per- viation from this rule must request sons and vessels shall comply with the permission from the COTP New Orleans instructions of the Captain of the Port or a COTP New Orleans designated rep- or designated representative. Des- resentative. They may be contacted on ignated representatives include com- VHF–FM Channel 16 or 67, or through missioned, warrant, and petty officers Coast Guard Sector New Orleans at 504– of the U.S. Coast Guard. 365–2200. (d) Informational broadcasts: The Cap- (3) Persons and vessels permitted to tain of the Port or a designated rep- deviate from this rule must transit at resentative will inform the public the slowest safe speed and comply with through broadcast notices to mariners all lawful directions issued by the of the enforcement period for the safe- COTP New Orleans or designated rep- ty zone as well as any changes in the resentative. planned schedule.

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).

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

Date Sponsor/name Location Safety zone

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. 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).

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

Date Sponsor/name Location Safety zone

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. 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.

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

Date Sponsor/name Location Safety zone

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). 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).

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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

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). 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).

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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

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).

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 approxi- mate position 30°13′39″ N, 093°13′42″ W, Lake Charles, LA (NAD 83).

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

Sector Houston-Galveston Date Sponsor/name location Safety zone

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 fire- works 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 fire- works 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 north- east 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 approxi- mate 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 approxi- mate 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 lo- cation 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 po- sition 26°06′19″ N 097°10′55.4″ W, South Padre Island, TX. 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.

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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

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 po- sition 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 ap- proximate 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 approxi- mate 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 north- east point of Rockport Beach Park located at ap- proximate 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 po- sition 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 po- sition 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 po- sition 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 ap- proximate 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 po- sition 26°06′19″ N 097°10′55.4″ W, South Padre Island, TX. 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 ap- proximate position 27°48′39.2″ N 097°23′55.2″ W, Corpus Christi, 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

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 po- sition 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.

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.

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

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

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 lo- cated in the East Pass. 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.

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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

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 fire- works 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 ex- tending 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 (i) Each fleet consisting of eight or downstream end of the fleet; and 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. (ii) Each fleet must have two or more [CGD 79–034, 47 FR 29660, July 8, 1982, as towboats in attendance when: amended by CGD 82–020, 47 FR 35483, Aug. 16, 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– moved within the fleet and the fleet at 94–006, 59 FR 21935, Apr. 28, 1994; CGD08–94– the start of the operation contains 006, 60 FR 37944, July 25, 1995] eight or more barges; or (B) Barges are added to the fleet and § 165.805 Security Zones; Calcasieu the number of barges being added plus River and Ship Channel, Louisiana. the fleet at the start of the operation (a) Location. (1) The following areas total eight or more. are designated as fixed security zones (iii) Each towboat required in para- (all coordinates are based upon North graphs (m)(2)(i) and (2)(ii) of this sec- American Datum of 1983 [NAD 83]): tion must be: (i) Trunkline LNG basin. All waters (A) Capable of safely withdrawing, encompassed by a line connecting the moving or adding each barge in the following points, beginning at 30°06′36″ fleet; N, 93°17′36″ W, south to a point 30°06′33″ (B) Immediately operational; N, 93°17′36″ W, east to a point 30°06′30″ (C) Radio-equipped; N, 93°17′02″ W, north to a point 30°06′33″

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N, 93°17′01″ W, then tracing the shore- (v) Vessels operated by federal, state, line along the water’s edge to the point county, or municipal agencies. of origin. (2) Entry into or remaining in mov- (ii) Cameron LNG basin. All waters en- ing zones described in paragraph (a)(2) compassed by a line connecting the fol- of this section is prohibited for all ves- lowing points, beginning at 30°02′33″ N, sels except: 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 and extending channel edge to channel Safety Unit Lake Charles at (337) 491– edge on the Calcasieu Channel and 7800 or the on scene patrol vessel. shoreline to shoreline on the Calcasieu (5) All persons and vessels within a River, 2 miles ahead and 1 mile astern security zone described in this section of certain designated vessels while in must comply with the instructions of transit. Meeting, crossing or over- the Captain of the Port, Port Arthur, taking situations are not permitted designated on-scene U.S. Coast Guard within the security zone unless specifi- patrol personnel or other designated cally authorized by the Captain of the representatives. On-scene U.S. Coast Port. Coast Guard patrol assets will be Guard patrol personnel include com- on scene with flashing blue lights ener- missioned, warrant, and petty officers gized when the moving security zones of the U.S. Coast Guard. Designated are in effect. representatives include federal, state, (b) Regulations. (1) Entry into or re- local and municipal law enforcement maining in a fixed zone described in agencies. paragraph (a)(1) of this section is pro- (c) Informational broadcasts: The Cap- hibited for all vessels except: tain of the Port, Port Arthur will in- (i) Commercial vessels operating at form the public when moving security waterfront facilities within these zones have been established around zones; vessels via Broadcast Notices to Mari- (ii) Commercial vessels transiting di- ners and written notice provided by es- rectly to or from waterfront facilities cort vessels. within these zones; [USCG–2009–0317, 75 FR 18757, Apr. 13, 2010] (iii) Vessels providing direct oper- ational or logistical support to com- § 165.806 Sabine Neches Waterway, mercial vessels within these zones; Texas—regulated navigation area. (iv) Vessels operated by the appro- (a) The following is a regulated navi- priate port authority or by facilities gation area—The Sabine Neches Water- located within these zones; and way which includes the following

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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 throughout the transit. Inbound vessels (c) The Captain of the Port will no- only, may shift the tow or pick up an tify the maritime community of peri- additional tug within 100 yards inside ods during which this safety zone will the entrance jetties provided that such be in effect by providing advance no- action is necessary for reasons of pru- tice of scheduled arrivals and depar- dent seamanship. tures of loaded LPG vessels via a Ma- rine Safety Information Broadcast No- [CGD8–83–09, 49 FR 35500, Sept. 10, 1984] tice to Mariners. § 165.807 Calcasieu River, Louisiana— [CGD 8–84–07, 50 FR 15744, Apr. 22, 1985; 50 FR regulated navigation area. 19933, May 13, 1985] (a) The following is a regulated navi- gation area—The Calcasieu River from § 165.809 Security Zones; Port of Port the Calcasieu jetties up to and includ- Lavaca-Point Comfort, Point Com- ing the Port of Lake Charles. fort, TX and Port of Corpus Christi (b) Unless otherwise authorized by Inner Harbor, Corpus Christi, TX. the Captain of the Port, Port Arthur, (a) Location. The following area is Texas, tows on a hawser of 1000 gross designated as a security zone: all tons or greater transiting the waters of the Corpus Christi Inner Har- Calcasieu River are prohibited unless bor from the Inner Harbor Bridge (U.S. such tows have a tug of sufficient Hwy 181) to, and including the Viola horsepower made up to the tow in such Turning Basin. a manner as to insure that complete (b) Regulations. (1) No recreational and effective control is maintained at vessels, passenger vessels, or commer- all times. Inbound vessels only, may cial fishing vessels may enter the secu- shift the tow or pick up an additional rity zone unless specifically authorized tug within 100 yards inside the en- by the Captain of the Port Corpus trance jetties provided that such ac- Christi or a designated representative. tion is necessary for reasons for pru- dent seamanship. (2) Recreational vessels, passenger vessels and commercial fishing vessels [CGD8–83–09, 49 FR 35500, Sept. 10, 1984] requiring entry into the security zone must contact the Captain of the Port § 165.808 Corpus Christi Ship Channel, Corpus Christi, TX, safety zone. Corpus Christi or a designated rep- resentative. The Captain of the Port (a) The following areas are estab- may be contacted via VHF Channel 16 lished as safety zones during specified or via telephone at (361) 888–3162 to conditions: seek permission to transit the area. If (1) For incoming tank vessels loaded permission is granted, all persons and with Liquefied Petroleum Gas, the waters within a 500 yard radius of the vessels must comply with the instruc- LPG carrier while the vessel transits tions of the Captain of the Port, Corpus the Corpus Christi Ship Channel to the Christi or a designated representative. LPG receiving facility. The safety zone (3) Designated representatives in- remains in effect until the LPG vessel clude U.S. Coast Guard commissioned, is moored at the LPG receiving facil- warrant, and petty officers. ity.

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(c) Authority. In addition to 33 U.S.C. paragraph, and such limiting speed 1231, the authority for this section in- shall be strictly observed. cludes 33 U.S.C. 1226. (3) Towing. Towing in any formation [COTP Corpus Christi–02–003, 67 FR 64046, by a vessel with insufficient power to Oct. 17, 2002, as amended by COTP Corpus permit ready maneuverability and safe Christi–04–006, 70 FR 39178, July 7, 2005] handling is prohibited. (c) [Reserved] § 165.810 Mississippi River, LA-regu- (d) Navigation of South and South- lated navigation area. west Passes. (a) Purpose and applicability. This sec- (1) No vessel, except small craft and tion prescribes rules for all vessels op- towboats and tugs without tows, shall erating in the Lower Mississippi River enter either South Pass or Southwest below mile 233.9 above Head of Passes Pass from the Gulf until after any de- including South Pass and Southwest scending vessel which has approached Pass, to assist in the prevention of within two and one-half (21⁄2) miles of allisions; collisions and groundings so the outer end of the jetties and visible as to ensure port safety and protect the to the ascending vessel shall have navigable waters of the Mississippi passed to sea. River from environmental harm result- (2) No vessel having a speed of less ing from those incidents, and to en- than ten mph shall enter South Pass hance the safety of passenger vessels from the Gulf when the stage of the moored or anchored in the Mississippi Mississippi River exceeds 15 feet on the River. Carrollton Gage at New Orleans. This (b) Lower Mississippi River below paragraph does not apply when South- mile 233.9 above Head of Passes includ- west Pass is closed to navigation. ing South and Southwest Passes: (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. (2) Speed; high-water precautions. (4) No vessel, except small craft and When passing another vessel (in mo- towboats and tugs without tows, shall tion, anchored, or tied up), a wharf or enter the channel at the head of South other structure, work under construc- Pass until after an ascending vessel tion, plant engaged in river and harbor which has reached Franks Crossing improvement, levees withstanding Light shall have passed through into flood waters, building partially or the river. wholly submerged by high water, or (5) When navigating South Pass dur- any other structure liable to damage ing periods of darkness no tow shall by collision, suction or wave action, consist of more than one towed vessel vessels shall give as much leeway as other than small craft, and during day- circumstances permit and reduce their light hours no tow shall consist of speed sufficiently to preclude causing more than two towed vessels other damages to the vessel or structure than small craft. Tows may be in any being passed. Since this subparagraph formation. When towing on a hawser, pertains directly to the manner in the hawser shall be as short as prac- which vessels are operated, masters of ticable to provide full control at all vessels shall be held responsible for times. strict observance and full compliance (6) When towing in Southwest Pass therewith. During high river stages, during periods of darkness no tow shall floods, or other emergencies, the Dis- consist of more than two towed vessels trict Commander may prescribe by other than small craft, and during day- navigation bulletins or other means light hours no tow shall consist of the limiting speed in land miles per more than three towed vessels other hour deemed necessary for the public than small craft. safety for the entire section or any (e) Watch requirements for anchored part of the waterways covered by this and moored passenger vessels.

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(1) Passenger vessels. Except as pro- grams 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 broadcast, danger signal, or visual or during periods of high waters in the vicinity 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 part 164 shall also comply with the fol- EDITORIAL NOTE: For FEDERAL REGISTER ci- 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 present in the machinery spaces or in Atchafalaya River in Berwick Bay the machinery-control spaces and must bounded on the northside from 2,000 consist of at least an appropriately li- yards north of the U.S. 90 Highway censed or credentialed engineer officer. Bridge and on the southside from 4,000 (2) Before embarking a pilot when en- yards south of the Southern Pacific tering or getting under way in the Railroad (SPRR) Bridge. RNA, the master of each vessel shall (b) Within the regulated navigation ensure that the vessel is in compliance area described in paragraph (a) of this with 33 CFR part 164. section, § 161.40 of this chapter estab- (3) The master shall ensure that the lishes a VTS Special Area for waters chief engineer has certified that the within a 1000 yard radius of the SPRR following additional operating condi- Bridge. tions will be satisfied so long as the (c) When the Morgan City River vessel is under way within the RNA: gauge reads 3.0 feet or above mean sea (i) The main propulsion plant is in all level, in addition to the requirements respects ready for operations including set forth in § 161.13 of this chapter, the the main-propulsion air-start systems, requirements of paragraph (d) and (e) fuel systems, lubricating systems, cool- of this section apply to a towing vessel ing systems, and automation systems; which will navigate: (ii) Cooling, lubricating, and fuel-oil (1) under the lift span of the SPRR systems are at proper operating tem- Bridge; or peratures; (2) through the navigational opening (iii) Main propulsion machinery is of the U.S. 90 Highway Bridge: or available to immediately respond to (3) through the navigational opening the full range of maneuvering com- of the Highway 182 Bridge. mands any load-limiting programs or (d) Towing requirements. (1) Towing on automatic acceleration-limiting pro- a hawser is not authorized, except that

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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 TABLE 165.811(e)—MINIMUM AVAILABLE within 100 feet of a cruise ship unless HORSEPOWER REQUIREMENT expressly authorized by the Coast [The greater value listed.] Guard Captain of the Port New Orleans 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. Downbound ...... 600hp or (Length 600hp or (Length (2) Vessels requiring entry within 500 of tow—200ft) × of tow) × 3. yards of a cruise ship that cannot slow 3. to the minimum speed necessary to NOTE: A 5% variance from the available horsepower is maintain a safe course must request authorized. express permission to proceed from the (2) All tows carrying cargoes of par- Captain of the Port New Orleans or his ticular hazard as defined in § 160.202 of designated representative. this chapter must have available horse- (3) For the purpose of this rule the power of at least 600 hp or three times term ‘‘cruise ship’’ is defined as a pas- the length of tow, whichever is greater. senger vessel over 100 gross tons, car- (f) Notice of Requirements. Notice that rying more than 12 passengers for hire, these rules are anticipated to be put making a voyage lasting more than 24 into effect, or are in effect, will be hours, any part of which is on the high given by: seas, and for which passengers are em- (1) Marine information broadcasts; barked or disembarked in the United (2) Notices to mariners; States or its territories. (3) Vessel Traffic Center advisories or (4) The Captain of the Port New Orle- upon vessel information request; and ans will inform the public of the mov- ing security zones around cruise ships [CGD 90–020, 59 FR 36334, July 15, 1994, as via Marine Safety Information Broad- amended by CGD 95–033, 60 FR 28333, May 31, 1995; CGD08–06–023, 72 FR 27741, May 17, 2007; casts. USCG–2005–21869, 80 FR 5336, Jan. 30, 2015] (5) To request permission as required by these regulations contact ‘‘New Or- § 165.812 Security Zones; Lower Mis- leans Traffic’’ via VHF Channels 13/67 sissippi River, Southwest Pass Sea or via phone at (504) 589–2780 or (504) Buoy to Mile Marker 96.0, New Or- 589–6261. leans, LA. (6) All persons and vessels within the (a) Location. Within the Lower Mis- moving security zones shall comply sissippi River and Southwest Pass, with the instructions of the Captain of moving security zones are established the Port New Orleans and designated around all cruise ships between the on-scene U.S. Coast Guard patrol per- Southwest Pass Entrance Lighted sonnel. On-scene U.S. Coast Guard pa- Buoy ‘‘SW’’, at approximate position trol personnel include commissioned,

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warrant, and petty officers of the U.S. (3) For the purpose of this section the Coast Guard. term ‘‘cruise ship’’ is defined as a pas- (c) Authority. In addition to 33 U.S.C. senger vessel over 100 gross tons, car- 1231, the authority for this section in- rying more than 12 passengers for hire, cludes 33 U.S.C. 1226. making a voyage lasting more than 24 [COTP New Orleans–02–005, 67 FR 61989, Oct. hours, any part of which is on the high 3, 2002] seas, and for which passengers are em- barked or disembarked in the United § 165.813 Security Zones; Ports of States or its territories. Houston and Galveston, TX. (4) The Captain of the Port Houston- (a) Location. Within the Ports of Galveston will inform the public of the Houston and Galveston, Texas, moving moving security zones around cruise security zones are established encom- ships via Marine Safety Information passing all waters within 500 yards of a Broadcasts. cruise ship between Galveston Bay Ap- (5) To request permission as required proach Lighted Buoy ‘‘GB’’, at approxi- by these regulations contact ‘‘Houston mate position 29°21′18″ N, 94°37′36″ W Traffic’’ via VHF Channels 11/12 or via [NAD 83] and up to, and including, phone at 281–464–4837. Barbours Cut. These zones remain in (6) All persons and vessels within the effect during the inbound and outbound moving security zone shall comply entire transit of the cruise ship and with the instructions of the Captain of continues while the cruise ship is the Port Houston-Galveston and des- moored or anchored. ignated on-scene U.S. Coast Guard pa- (b) Regulations. (1) Entry of vessels or trol personnel. On-scene U.S. Coast persons into these zones is prohibited Guard patrol personnel include com- unless authorized as follows. missioned, warrant, and petty officers (i) Vessels may enter within 500 yards of the U.S. Coast Guard. but not closer than 100 yards of a cruise (c) Authority. In addition to 33 U.S.C. ship provided they operate at the min- 1231, the authority for this section in- imum speed necessary to maintain a cludes 33 U.S.C. 1226. safe course. (ii) No person or vessel may enter [COTP Houston-Galveston–02–010, 67 FR within 100 yards of a cruise ship unless 64048, Oct. 17, 2002, as amended by USCG– expressly authorized by the Coast 2014–0410, 79 FR 38448, July 7, 2014] Guard Captain of the Port Houston- § 165.814 Security Zones; Captain of Galveston. Where the Houston Ship the Port Houston-Galveston Zone. Channel narrows to 400 feet or less be- tween Houston Ship Channel Entrance (a) Location. The following areas are Lighted Bell Buoy ‘‘18’’, light list no. designated as security zones: 34385 at approximately 29°21′06″ N, (1) Houston, Texas. The Houston Ship 94°47′00″ W [NAD 83] and Barbours Cut, Channel and all associated turning ba- the Captain of the Port Houston-Gal- sins, bounded by a line drawn between veston may permit vessels that must Houston Ship Channel Light 132 transit the navigable channel between (LLNR–24445) and Houston Ship Chan- these points to enter within 100 yards nel Light 133 (LLNR–24450) west to the of a cruise ship. T & N Rail Road Swing Bridge at the (iii) Moored vessels or vessels an- entrance to Buffalo Bayou, including chored in a designated anchorage area all waters adjacent to the ship channel are permitted to remain within 100 from shoreline to shoreline and the yards of a cruise ship while it is in first 200 yards of connecting water- transit. ways. (2) Vessels requiring entry within 500 (2) Morgan’s Point, Texas. The yards of a cruise ship that cannot slow Barbours Cut Ship Channel and Turn- to the minimum speed necessary to ing Basin containing all waters west of maintain a safe course must request a line drawn between Junction Light express permission to proceed from the ‘‘Barbours Cut’’ 29°41′12″ N, 94°59′12″ W Captain of the Port Houston-Gal- (LLNR–23525), and Houston Ship Chan- veston, or his designated representa- nel Light 91, 29°41′00″ N, 94°59′00″ W tive. (LLNR–23375) (NAD 1983).

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(3) Bayport, TX. The Port of Bayport, (b) Regulations. (1) Entry of into these Bayport Ship Channel and Bayport zones is prohibited except for the fol- Turning Basin containing all waters lowing: south of latitude 28°36′45″ N and west of (i) Commercial vessels operating at Bayport Ship Channel Light 9 (LLNR– waterfront facilities within these 23295) (NAD 1983). zones; (4) Texas City, Texas. The Port of (ii) Commercial vessels transiting di- Texas City Channel, Turning Basin and rectly to or from waterfront facilities Industrial Canal containing all waters within these zones; bounded by the area south and west of (iii) Vessels providing direct oper- a line drawn from Texas City Channel ational/logistic support to commercial Light 19 (LLNR 24810) through Cut B vessels within these zones; (iv) Vessels operated by the appro- Inner Range Front Light (LLNR 24765) priate port authority or by facilities and terminating on land in position located within these zones; and 29°23′16″ N, 94°53′15″ W (NAD 1983). (v) Vessels operated by federal, state, (5) Freeport, Texas. (i) The Dow Barge county, or municipal agencies. Canal, containing all waters of the Dow (2) Other persons or vessels requiring Barge Canal north of a line drawn be- entry into a zone described in this sec- tween 28°56.81′ N/095°18.33′ W and tion must request express permission 28°56.63′ N/095°18.54′ W (NAD 1983). to enter from the Captain of the Port (ii) The Brazos Harbor, containing all Houston-Galveston, or designated rep- waters west of a line drawn between resentative. The Captain of the Port 28°56.45′ N, 095°20.00′ W, and 28°56.15′ N, Houston-Galveston’s designated rep- 095°20.00′ W (NAD 1983) at its junction resentatives are any personnel granted with the Old Brazos River. authority by the Captain of the Port (iii) The Dow Chemical plant, con- Houston-Galveston to receive, evalu- taining all waters of the Brazos Point ate, and issue written security zone Turning Basin within 100′ of the north entry permits, or the designated on- shore and bounded on the east by the scene U.S. Coast Guard patrol per- longitude line drawn through 28°56.58′ sonnel described in paragraph (b)(4). N/095°18.64′ W and on the west by the (3) To request permission as required longitude line drawn through 28°56.64′ by these regulations contact ‘‘Houston N/095°19.13′ W (NAD 1983). Traffic’’ via VHF Channels 11/12 or by (iv) The Seaway Teppco Facility, phone at 281–464–4837. containing all waters of the Brazos (4) All persons and vessels shall com- Port Turning Basin bounded on the ply with the instructions of the Cap- south by the shore, the north by the tain of the Port Houston-Galveston and designated on-scene U.S. Coast Guard Federal Channel, on the east by the patrol personnel. On-scene U.S. Coast longitude line running through 28°56.44′ Guard patrol personnel include com- N, 095°18.83′ W and 28°56.48′ N 095°18.83′ missioned, warrant, and petty officers W and on the West by the longitude of the U.S. Coast Guard. line running through 28°56.12′ N, 095°19.27′ W and 28°56.11′ N, 095°19.34′ W [COTP Houston-Galveston–02–009, 67 FR (NAD 1983). 23593, May 5, 2003, as amended by USCG–2009– (v) The Conoco Phillips Facility 0501, 75 FR 8493, Feb. 25, 2010; USCG–2008–0124, ′ 75 FR 11002, Mar. 10, 2010; USCG–2014–0410, 79 docks, containing all waters within 100 FR 38448, July 7, 2014] of a line drawn from a point on shore at Latitude 28°55.96′ N, Longitude § 165.815 Ohio River at Louisville, KY; 095°19.77′ W, extending west to a point regulated navigation area. on shore at Latitude 28°56.19′ N, Lon- (a) The following is a regulated navi- gitude 095°20.07′ W (NAD 1983). gation area: The waters of the Ohio (vi) The Freeport LNG Basin con- River from the Clark Memorial (High- taining all waters shoreward of a line way) Bridge at Mile 603.5, downstream drawn between the eastern point at to McAlpine Dam at Mile 604.4. latitude 28°56′25″ N, 095°18′13″ W, and the (b) The general regulations governing western point at 28°56′28″ N, 095°18′31″ regulated navigation area contained in W, east towards the jetties. 33 CFR part 165, subpart B apply.

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(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, ready in the RNA, an upbound vessel 1996] 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. § 165.818 Moving Security Zones, for (b) Regulations. Transit of the RNA certain vessels in Freeport En- is limited during periods of high veloc- trance Channel, Freeport, Texas. ity flow, defined as the flow rate of (a) Location. The following areas are 70,000 cubic feet per second or more at security zones: All waters within the the Murray Lock and Dam at mile Captain of the Port Houston-Galveston 125.4. The flow rate at this location is Zone commencing at U.S. territorial calculated by the U.S. Army Corps of waters through the Freeport Entrance Engineers on a regular and routine Channel, from surface to bottom, one basis. This information will be distrib- thousand (1000) yards ahead and astern uted by announcements by Coast and five hundred (500) yards on each Guard Marine Information Broadcasts, side of any vessel that has a moving se- publication in Coast Guard Local No- curity zone established around it. tice to Mariners, and telephone or (b) Regulations. Entry into or remain- radio contact with the Lockmaster at ing in the zones described in paragraph Murray Lock and Dam. (a) of this section is prohibited unless (c) Transit of the RNA during periods authorized as follows: of high velocity flow may only occur (1) Moored vessels or vessels an- under the following conditions: chored in a designated anchorage area (1) Vessels may not meet or pass in are permitted to remain moored or an- the RNA. chored if they come within a security (2) No vessel shall anchor, stop, re- zone described in paragraph (a) of this main or drift without power at any section. A moored or an anchored ves- time in the RNA. sel in a security zone must remain (3) All vessels shall continually mon- moored or anchored unless it obtains itor VHF-FM channel 13 on their radio- permission from the Captain of the telephone while in or approaching the Port to do otherwise. RNA. (2) Commercial vessels operating at (4) Prior to entering the RNA, the waterfront facilities within these downbound vessels shall make a broad- zones. cast in the blind on VHF-FM channel (3) Commercial vessel transiting di- 13 announcing their estimated time of rectly to or from waterfront facilities departure from Murray Lock and Dam within these zones. or from the mooring cells at mile 121.5 (4) Vessels providing direct oper- to ensure there are no upbound vessels ational/logistic support to commercial within the RNA. If there is upbound vessels within these zones. traffic within the RNA, the downbound (5) Vessels operated by the port au- vessel shall not depart until the thority or by facilities located within upbound vessel has passed through the these zones. RNA. After departing, vessels will pro- (6) Vessels operated by Federal, ceed through the RNA, including all State, county, or municipal agencies.

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

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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 (a)(2) of this section unless specifically [COTP Pittsburgh–02–005, 67 FR 40163, June authorized by the Captain of the Port. 12, 2002] (4) Other persons or vessels requiring entry into security zones described in § 165.821 Ohio River at Cincinnati, OH; regulated navigation area. this section must request permission from the Captain of the Port, Port Ar- (a) Location. The following is a regu- thur or designated representative. lated navigation area (RNA)—The (5) To request permission to enter a waters of the Ohio River between mile security zone described in this section, 466.0 and mile 473.0. contact Vessel Traffic Service Port Ar- (b) Activation. The restrictions in thur on VHF Channel 01A or 65A; by paragraphs (c) (1) through (4) are in ef- telephone at (409) 719–5070; by fax at fect from one-half hour before sunset (409) 719–5090; or contact the Captain of to one-half hour after sunrise when the the Port’s designated on-scene patrol Cincinnati, Ohio, Ohio River Gauge is vessel on VHF channel 13 or 16. at or above the 45 foot level. The Cap- (6) All persons and vessels within a tain of the Port, Louisville, Kentucky security zone described in this section will publish a notice in the Local No- must comply with the instructions of tice to Mariners and will make an- the Captain of the Port, Port Arthur, nouncements by Coast Guard Marine designated on-scene U.S. Coast Guard Information Broadcasts whenever the patrol personnel or other designated river level measured at the gauge acti- representatives. Designated on-scene vates or terminates the navigation re- U.S. Coast Guard patrol personnel in- strictions in this section. clude commissioned, warrant, and petty officers of the U.S. Coast Guard. (c) Regulations. (1) Transit through Designated representatives include the RNA by all downbound vessels tow- Federal, State, local and municipal law ing cargoes regulated by Title 46 Code enforcement agencies. of Federal Regulations Subchapters D and O with a tow length exceeding 600 [USCG–2009–0316, 75 FR 65235, Oct. 22, 2010, as feet excluding the tow boat is prohib- amended at 76 FR 1521, Jan. 11, 2011] ited. § 165.820 Security Zone; Ohio River (2) No vessel shall loiter, anchor, Mile, 34.6 to 35.1, Shippingport, stop, remain or drift without power at Pennsylvania. any time within the navigation chan- (a) Location. The following area is a nel of the RNA. security zone: The waters of the Ohio (3) All commercial vessels shall con- River, extending 200 feet from the tinually monitor VHF-FM channel 13 shoreline of the left descending bank on their radiotelephone while in or ap- beginning from mile marker 34.6 and proaching the RNA. ending at mile marker 35.1. (4) Between Ohio River miles 464.0 (b) Regulations. (1) Entry into or re- and 466.0, downbound vessels shall maining in this zone is prohibited un- make a broadcast in the blind, on VHF- less authorized by the Coast Guard Captain of the Port, Pittsburgh.

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FM channel 13 announcing their esti- § 165.822 Safety Zone; Fireworks Dis- mated time of entering the RNA. play, Kanawha River, WV. [CGD02–95–003, 61 FR 2417, Jan. 26, 1996. Re- (a) Safety zones. The following areas designated by CGD 97–023, 62 FR 33365, June are designated safety zones: all waters 19, 1997, as amended by USCG–1998–3799, 63 between the specified mile markers on FR 35533, June 30, 1998] the Kanawha River, described as fol- 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 from mile marker 645.6 and ending at Port Ohio Valley or designated rep- mile marker 646.0. resentative will inform the public (2) Cooper Nuclear Station Security through broadcast notice to mariners Zone, Brownville, Nebraska—all waters of the enforcement periods for the safe- of the Missouri River, extending 250 ty zones. feet from the shoreline of the right de- (c) Regulations. (1) In accordance with scending bank beginning from mile the general regulations in § 165.23 of marker 532.5 and ending at mile mark- this part, entry into this zone is pro- er 532.9. hibited unless authorized by the Cap- (3) Quad Cities Generating Station Se- tain of the Port Ohio Valley or des- curity Zone, Cordova, Illinois—all waters ignated representative. of the Upper Mississippi River, extend- (2) Persons or vessels requiring entry ing 300 feet from the shoreline of the into or passage through this zone must left descending bank beginning from request permission from the Captain of mile marker 506.3 and ending at mile the Port Ohio Valley, or a designated marker 507.3. representative. They may be contacted (4) Prairie Island Nuclear Generating on VHF–FM Channels 13 or 16, or by Facility Security Zone, Welch, Min- telephone at (800) 253–7465. nesota—all waters of the Upper Mis- (3) All persons and vessels shall com- sissippi River, extending 300 feet from ply with the instructions of the Cap- the shoreline of the right descending tain of the Port Ohio Valley and des- bank beginning from mile marker 798.0 ignated on-scene U.S. Coast Guard pa- and ending at 798.3. trol personnel. (5) Clinton Power Station Security (4) On-scene U.S. Coast Guard patrol Zone, Clinton, Illinois—all waters of personnel include commissioned, war- Lake Clinton in Dewitt County in East rant, and petty officers of the U.S. Central Illinois bounded by a dam con- Coast Guard. structed near the confluence of Salt Creek River mile 56 and the north fork [USCG–2010–1015, 76 FR 28314, May 17, 2011] of Salt Creek. The zone extends out 600 feet from shore. Boundaries of the zone § 165.825 Security Zones; Captain of begin at 40°10′30″ N, 88°50′30″ W; thence the Port St. Louis, Missouri. east to 40°10′30″ N, 88°49′55″ W; thence (a) Location. The following areas are south to 40°10′15″ N, 88°49′55″ W; thence security zones: west to 40°10′15″ N, 88°50′30″ W; thence (1) Fort Calhoun Nuclear Power Station returning north to the origin. These Security Zone, Fort Calhoun, Nebraska— coordinates are based upon [NAD 83]. all waters of the Missouri River, ex- (b) Regulations. (1) Entry into these tending 75 feet from the shoreline of security zones is prohibited unless au- the right descending bank beginning thorized by the Coast Guard Captain of

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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 re- quired 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: (4) Designated representatives are (1) Towing vessel operators respon- commissioned, warrant, and petty offi- sible for barges not carrying CDCs cers of the U.S. Coast Guard. barges, or (c) Authority. In addition to 33 U.S.C. (2) Fleet tow boats moving one or 1231, the authority for this section in- more CDC barges within a fleeting cludes 33 U.S.C. 1226. area. [COTP St. Louis–02–005, 67 FR 64043, Oct. 17, (c) Definitions. As used in this sec- 2002] tion— Barge means a non-self propelled ves- § 165.827 Regulated Navigation Area; sel engaged in commerce, as set out in Galveston Channel, TX. 33 CFR 160.202. (a) Location. The following area is a Certain Dangerous Cargo or (CDC) in- regulated navigation area: All waters cludes any of the following: of the Galveston Channel within the (1) Division 1.1 or 1.2 explosives as de- area from Latitude 29°20′19″ N, Lon- fined in 49 CFR 173.50. gitude 094°46′36″ W, east to Latitude (2) Division 1.5D blasting agents for 29°20′06″ N, Longitude 094°46′15″ W, which a permit is required under 49 south to Latitude 29°19′47″ N, Longitude CFR 176.415 or, for which a permit is re- 094°46′27″ W, west to Latitude 29°19′51″ quired as a condition of a Research and N, Longitude 094°46′45″ W, and north to Special Programs Administration ex- Latitude 29°20′19″ N, Longitude emption. 094°46′36″ W. (3) Division 2.3 ‘‘poisonous gas’’, as (b) Regulations. (1) Vessels navigating listed in 49 CFR 172.101 that is also a this area must do so at a minimum safe ‘‘material poisonous by inhalation’’ as speed so as to not cause any wake. defined in 49 CFR 171.8, and that is in a

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

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(i) Once daily, report all CDC barges (viii) M 652.0–654.0 within the fleeting area; (ix) M 745.0–750.0 (ii) Upon moving one or more CDC (4) Illinois River (ILR), at Mile Marker (M) barges within a fleeting area by a fleet and Lock & Dam (L&D), as indicated: (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 tive or dispatcher on behalf of the (ii) Arriving Smithland L&D (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 and e-mail link are available at http:// (x) Arriving Greenup L&D (upbound) (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 more CDC barges in the RNA must (xvi) Departing Montgomery L&D make reports to the IRVMC at each (6) Allegheny River at Lock & Dam (L&D), as 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) (viii) M 859.0–864.0 (9) Cumberland River, between Mile Markers (ix) M 945.0–950.0 (M) and Departing Lock & Dam (L&D), (2) Upper Mississippi River (UMR), between unless otherwise indicated: Mile Markers (M) and Departing Lock & (i) Departing Old Hickory L&D (upbound) Dam (L&D), unless otherwise indicated: (ii) Arriving Old Hickory L&D (downbound) (i) L&D 3 (iii) M 127.0–129.0 (ii) L&D 4 (iv) Barkley L&D (iii) L&D 8 (10) Tennessee River, between Mile Markers (iv) L&D 11 (M) and when Departing Lock & Dam (v) L&D 14 (L&D), unless otherwise indicated: (vi) L&D 18 (i) Fort Loudon L&D (vii) L&D 21 (ii) Watts Bar L&D (viii) L&D 25 (iii) Departing Chickamauga L&D (ix) Arriving Melvin Price L&D (upbound) (downbound) (iv) Arriving Chickamauga L&D (x) Departing Melvin Price L&D (upbound) (downbound) (xi) M 150.0–145.0 (v) Nickajack L&D (xii) M 66.0–61.0 (vi) Gunterville L&D (3) Missouri River (MOR), between Mile (vii) General Joe Wheeler L&D Markers (M): (viii) Pickwick Landing L&D (i) M 54.0–56.0 (ix) M 122.0–124.0 (ii) M 115.0–117.0 (x) Kentucky L&D (iii) M 208.0–210.0 (11) Tennessee-Tombigbee River, between (iv) M 326.0–328.0 Mile Markers (M) and when Departing (v) M 397.0–399.0 Lock & Dam (L&D): (vi) M 487.0–489.0 (i) Lock D (vii) M 572.0–574.0 (ii) Aberdeen L&D

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(iii) Aliceville L&D (vi) Departing David D. Terry L&D (iv) M 202.0–203.0 (downbound) (v) Coffeeville L&D (vii) L&D 2 (12) Mobile River, at Mile Marker (M): (16) Red River, between Mile Markers (M) (i) 0.0 (Entering & Exiting RNA) and when Departing Lock & Dam (L&D): (ii) [Reserved] (i) L.C. Boggs L&D (13) Black Warrior River, when Departing (ii) Lock 3 L&D: (iii) M 178.0–180.0 (i) Holt L&D (17) Atchafalaya River, at Mile Marker (M): (ii) [Reserved] (i) 55.0 (Entering & Exiting RNA) (14) Alabama River, when Departing L&D: (ii) [Reserved] (i) Claiborne L&D (f) Information to be reported to the (ii) Henry L&D IRVMC by towing vessel operators. With (15) McClellan-Kerr Arkansas River Naviga- the exception noted in paragraph tion System, when Departing Lock & (d)(1)(ii) of this section, towing vessel Dam (L&D), unless otherwise indicated: operators responsible for one or more (i) Chouteau L&D (ii) W.D. Mayo L&D CDC barges in the RNA must report all (iii) Ozark-Jeta Taylor L&D the information required by this sec- (iv) L&D 9 tion as set out in table 165.830(f) of this (v) Arriving David D. Terry L&D (upbound) 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 mov- ing 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 re- ported 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 70130; and (c) Periods of enforcement. This rule (2) the alternative provides an equiv- will only be enforced when a cruise alent level of the reporting that which ship is transiting the Mobile Ship would be achieved by the Coast Guard Channel shoreward of the Mobile Sea with the required check-in points. Buoy, while transiting in the Port of (i) Deviation from this section is pro- Mobile, or while moored in the Port of hibited unless specifically authorized Mobile. The Captain of the Port Mobile by the Commander, Eighth Coast or a designated representative would Guard District or the IRVMC. inform the public through broadcast notice to mariners of the enforcement (Approved by the Office of Management and Budget under OMB control number 1625–0105) periods for the security zone. (d) Regulations. (1) Under § 165.33 of [CDG08–03–029, 68 FR 57363, Oct. 3, 2003; 68 FR 63988, Nov. 12, 2003, as amended at 68 FR this part, entry into a security zone is 69959, Dec. 16, 2003; USCG–2005–21869, 80 FR prohibited unless authorized by the 5336, Jan. 30, 2015] Captain of the Port Mobile or a des- ignated representative. § 165.835 Security Zone; Port of Mo- (2) While a cruise ship is transiting bile, Mobile Ship Channel, Mobile, 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 entering within 100 yards of a cruise over 100 gross tons, carrying more than ship. 12 passengers for hire, making a voyage 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 re- present 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 main- tain 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, in- board (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 op- erations 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- § 165.842 Safety Zone; Upper Mis- phone at (504) 365–2200. sissippi River between mile 38.0 and mile 46.0, Thebes, IL; and be- [USCG–2013–0064, 78 FR 59236, Sept. 26, 2013] tween mile 78.0 and mile 81.0, Grand Tower, IL. § 165.841 Safety Zone; Barge Launches; Gulfport Lake; Gulfport, MS. (a) Location. The following areas are safety zones: All waters of the Upper (a) Location. The following area is a Mississippi River from mile 38.0 to mile safety zone: Gulfport Lake, to include 46.0, Thebes, IL; and from mile 78.0 to all waters between an eastern bound- mile 81.0, Grand Tower, IL, extending ° ′ ″ ary represented by positions 30 25 37.2 the entire width of the river. ° ′ ″ ° ′ ″ ° N, 089 03 09.7 W to 30 25 27.0 N, 089 (b) Effective dates. These safety zones ′ ″ 03 09.7 W and a western boundary rep- are effective beginning November 10, ° ′ ″ ° resented by positions 30 25 35.4 N, 089 2014. Enforcement times and the re- 03′ 45.7″ W to 30° 25′ 28.8″ N, 089° 03′ 45.7″ quirements of this safety zones will be W. noticed as soon as is practicable before (b) Effective period and enforcement subsurface rock removal operations dates. This safety zone is effective im- begin, actual notice will be used and mediately on December 24, 2013 and en- additional notices made through forceable through actual notice begin- Broadcast Notices to Mariners (BNM), ning November 8, 2013. The COTP Mo- or Local Notices to Mariners (LNM). bile or a designated representative will (c) Regulations. (1) In accordance with inform the public through broadcast the general regulations in § 165.23 of notice to mariners of enforcement peri- this part, entry into this area is pro- ods for the safety zone, giving at least hibited unless authorized by the Cap- 24 hour notice before enforcement be- tain of the Port (COTP) Ohio Valley or gins. Enforcement periods are expected a designated representative. to occur once a month for approxi- (2) The Captain of the Port (COTP) mately two (2) hours. Ohio Valley may prescribe, for all or (c) Regulations. (1) In accordance with specific portions of the safety zones, the general regulations in § 165.23 of periods of enforcement and minimum this part, entry into this zone is pro- operational requirements necessary to hibited unless authorized by the Cap- enter, transit through, or stop within tain of the Port Mobile or a designated the safety zone in order to preserve representative. safe navigation on the Upper Mis- (2) Persons or vessels desiring to sissippi River during subsurface rock enter into or passage through the zone removal operations and clearing of ves- must request permission from the Cap- sel queues following rock removal op- tain of the Port Mobile or a designated erations, including, but not limited to, representative. They may be contacted the required use of assist vessels; and on VHF–FM channels 16 or by tele- restrictions on the following: phone at 251–441–5976. (i) Tow size; (3) If permission is granted, all per- (ii) Tow configuration; sons and vessels shall comply with the (iii) Vessel/barge draft; instructions of the Captain of the Port (iv) Speed; or designated representative. (v) Under keel clearance; (d) Informational broadcasts. The Cap- (vi) Hours of transit; and (vii) One way traffic. tain of the Port or a designated rep- (3) All persons and vessels must com- resentative will inform the public ply with any requirement prescribed through broadcast notices to mariners under paragraph (c)(2) of this section. of the enforcement period for the safe- (4) Persons or vessels may request an ty zone as well as any changes that exception from any requirement pre- may occur. scribed under paragraph (c)(2) of this [USCG–2013–0837, 78 FR 77597, Dec. 24, 2013] section from the COTP Ohio Valley or

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a designated representative who may tain of the Port Detroit, or his des- be a commissioned, warrant, or petty ignated representative. officer of the Coast Guard. The COTP (2) This safety zone is closed to all Ohio Valley may be contacted by tele- vessel traffic, excepted as may be per- phone at 1–800–253–7465 or on VHF–FM mitted by the Captain of the Port De- channel 16. troit or his designated representative. (d) Enforcement. The COTP Ohio Val- All persons and vessels must comply ley will notify the public of the specific with the instructions of the Coast requirements prescribed under para- Guard Captain of the Port or his des- graph (c)(2) of this section and of the ignated representative. Upon being times when those requirements will be hailed by the U.S. Coast Guard by enforced or when enforcement will be siren, radio, flashing light or other suspended, using means designed to en- means, the operator of a vessel shall sure maximum effectual notice includ- proceed as directed. ing, but not limited to, broadcast no- (3) All vessels must obtain permis- tices to mariners (BNM) and commu- sion from the Captain of the Port or nications through the River Industry his designated representative to enter, Action Committee. move within, or exit the safety zone es- [USCG–2013–0907, 79 FR 66626, Nov. 10, 2014] tablished in this section when this safety zone is enforced. Vessels and NINTH COAST GUARD DISTRICT 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. (a) Location. The following area is a While within a safety zone, all vessels temporary safety zone: all U.S. navi- must operate at the minimum speed gable waters of the Maumee River, To- necessary to maintain a safe course. ledo, OH, starting from the CSX Rail- (e) Exemption. Public vessels, as de- road Bridge at River Mile Marker 1.07 fined in paragraph (b) of this section, and ending 700 feet down river from the are exempt from the requirements in CSX Railroad Bridge. this section. (b) Effective and enforcement period. (f) Waiver. For any vessel, the Cap- This regulation will be enforced from tain of the Port Detroit or his des- 8:30 a.m. on November 27, 2012 until 6:30 ignated representative may waive any p.m. on December 7, 2012. This regula- of the requirements of this section, tion will be enforced from 8:30 a.m. upon finding that operational condi- until 6:30 p.m. on each day of this pe- tions or other circumstances are such riod. that application of this section is un- (c) Definitions. The following defini- necessary or impractical for the pur- tions apply to this section: poses of public or environmental safe- (1) ‘‘On-scene Representative’’ means ty. any Coast Guard Commissioned, war- (g) Notification. The Captain of the rant, or petty officer designated by the Port Detroit will notify the public that Captain of the Port Detroit to monitor the safety zones in this section are or a safety zone, permit entry into the will be enforced by all appropriate zone, give legally enforceable orders to means to the affected segments of the persons or vessels within the zones, and public including publication in the take other actions authorized by the FEDERAL REGISTER as practicable, in Captain of the Port. accordance with 33 CFR 165.7(a). Such (2) ‘‘Public vessel’’ means vessels means of notification may also include, owned, chartered, or operated by the but are not limited to Broadcast Notice United States, or by a State or polit- to Mariners or Local Notice to Mari- ical subdivision thereof. ners. The Captain of the Port will issue (d) Regulations. (1) In accordance with a Broadcast Notice to Mariners noti- the general regulations in § 165.23 of fying the public when enforcement of this part, entry into, transiting, or an- the safety zone is cancelled. choring within this safety zone is pro- hibited unless authorized by the Cap- [USCG–2012–0971, 77 FR 71699, Dec. 4, 2012]

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§ 165.901 Great Lakes—regulated navi- § 165.902 Niagara River at Niagara gation areas. Falls, New York—safety zone. (a) Lake Huron. The following are (a) The following is a safety zone— regulated navigation areas: The United States waters of the Niag- (1) The waters of Lake Huron known ara River from the crest of the Amer- as South Channel between Bois Blanc ican and Horseshoe Falls, Niagara Island and Cheboygan, Michigan; Falls, New York to a line drawn across the Niagara River from the down- bounded by a line north from stream side of the mouth of Gill Creek Cheyboygan Crib Light (LL–1340) at to the upstream end of the breakwater ° ′ ″ ° ′ ″ 45 39 48 N, 84 27 36 W; to Bois Blanc Is- at the mouth of the Welland River. land at 45°43′42″ N, 84°27′36″ W; and a line north from the mainland at § 165.903 Safety Zones: Cuyahoga 45°43′00″ N, 84°35′30″ W; to the western River and Old River, Cleveland, OH. tangent of Bois Blanc Island at 45°48′42″ (a) Location. The waters of the Cuya- N, 84°35′30″ W. hoga River and the Old River extending (2) The waters of Lake Huron be- ten feet into the river at the following tween Mackinac Island and St. Ignace, eleven locations, including the adja- Michigan, bounded by a line east from cent shorelines, are safety zones, co- position 45°52′12″ N, 84°43′00″ W; to ordinates for which are based on NAD Mackinac Island at 45°52′12″ N, 84°39′00″ 83. W; and a line east from the mainland (1) From the point where the shore- at 45°53′12″ N, 84°43′30″ W; to the north- line intersects longitude 81°42′24.5″ W, ern tangent of Mackinac Island at which is the southern side of the Nor- 45°53′12″ N, 84°38′48″ W. folk and Southern No. 1 railroad bridge, southeasterly along the shore (b) Lake Michigan. The following is a for six hundred (600) feet to the point regulated navigation area—The waters where the shoreline intersects lon- of Lake Michigan known as Gray’s gitude 81°42′24.5″ W, which is the Holy Reef Passage bounded by a line from Moses Water Taxi Landing at Fado’s ° ′ ″ Gray’s Reef Light (LL–2006) at 45 46 00 Restaurant. N, 85°09′12″ W; to White Shoals Light (2) One hundred (100) feet downriver (LL–2003) at 45°50′30″ N, 85°08′06″ W; to a to one hundred (100) feet upriver from point at 45°49′12″ N, 85°04′48″ W; then to 41 degrees 29′53.5″ N, 81 degrees 42′33.5″ a point at 45°45′42″ N, 85°08′42″ W; then W, which is the knuckle on the north to the point of beginning. side of the Old River entrance at On- (c) Regulations. The COTP, Sault Ste. tario Stone. Marie, will close and open these regu- (3) Fifty (50) feet downriver to fifty lated navigation areas as ice conditions (50) feet upriver from 41 degrees 29′48.4″ dictate. Under normal seasonal condi- N, 81 degrees 42′44″ W, which is the tions, only one closing each winter and knuckle adjacent to the Ontario Stone one opening each spring are antici- warehouse on the south side of the Old pated. Prior to the closing or opening River. ′ ″ of the regulated navigation areas, the (4) From 41 degrees 29 51.1 N, 81 de- ′ ″ COTP will give interested parties, in- grees 42 32.0 W, which is the corner of cluding both shipping interests and is- Christie’s Cabaret pier at Sycamore 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

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toward the upriver corner of the a safety zone upon the approach of a Nautica Stage. vessel(s) 1600 GTs or greater. (7) The fender on the west bank of [COTP Cleveland REG 89–01, 54 FR 9778, Mar. the river at 41 degrees 29′45.2″ N, 81 de- 8, 1989, as amended by CGD 09–95–018, 61 FR grees 42.10″ W, which is the knuckle at 37685, July 19, 1996; USCG–2000–7223, 65 FR Bascule Bridge (railroad). 40059, June 29, 2000; USCG–2001–9286, 66 FR (8) The two hundred seventy (270) 33642, June 25, 2001] foot section on the east bank of the § 165.904 Lake Michigan at Chicago river between the Columbus Road Harbor & Burnham Park Harbor— bridge (41 degrees 29′18.8″ N, 81 degrees Safety and Security Zone. ′ 42 02.3W) downriver to the chain link (a) Location. All waters of Lake fence at the upriver end of the Com- Michigan within Burnham Park Harbor modores Club Marina. shoreward of a line across the entrance (9) Fifty (50) feet downriver of twen- of the harbor connecting coordinates ty-five (25) feet upriver from 41 degrees 41°51′09″ N, 087°36′36″ W and 41°51′11″ N, 29′24.5″ N, 81 degrees 41′57.2″ W, which is 087°36′22″ W. the knuckle at the Upriver Marine fuel (b) Effective times and dates. This safe- pump. ty and security zone will be in effect at (10) Seventy-five (75) feet downriver various times to be published in the to seventy-five (75) feet upriver from 41 Coast Guard Local Notice to Mariners degrees 29′33.7″ N, 81 degrees 41′57.5″ W. or broadcasted via Marine Radio VHF- which is the knuckle adjacent to the FM Channels 16 & 22. These times will warehouse at Alpha Precast Products include the actual effective time and (United Ready Mix). date and the termination time and (11) Fifteen (15) feet downriver to fif- date. (c) Restrictions. (1) In accordance with teen (15) feet upriver from 41 degrees the general regulations in section 29′41″ N, 81 degrees 41′38.6″ W, which is 165.23 and 165.33 of this part, entry into the end of the chain link fence between this zone is prohibited, unless author- The Club Mega and Shippers C & D. ized by the U.S. Coast Guard Captain of (b) Regulations—(1) General Rule. Ex- the Port Lake Michigan, or the U.S. cept as provided below, entry of any Secret Service. Other general require- kind or for any purpose into the fore- ments in §§ 165.23 and 165.33 also apply. going zones is strictly prohibited in ac- Further, no person may enter or re- cordance with the general regulations main in the shoreline areas of the es- in § 165.23 of this part. tablished safety and security zone, un- (2) Exceptions. Any vessel may tran- less cleared by a Coast Guard or U.S. sit, but not moor, stand or anchor in, Secret Service official. the foregoing zones as necessary to (2) Vessels in Burnham Park Harbor comply with the Inland Navigation at the commencement of the safety and Rules or to otherwise facilitate safe security zone must be moored and re- navigation. Cargo vessels of 1600 gross main moored while the safety and secu- tons (GT) or greater may moor in these rity zone is established, unless author- zones when conducting cargo transfer ized to get underway by a Coast Guard operations. or U.S. Secret Service official. (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 safety zone when vessels of 1600 GT on amended by USCG–2011–0489, 76 FR 63204, Oct. 12, 2011] greater are not navigating in the proxi- mate 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) The following areas of the St. Louis River, within the designated

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boxes of latitude and longitude, are and the entrance to the Yacht Club safety zones: docking area, and southwest of a line (1) Safety Zone #1 (North Spirit Lake): running 328° T from the intersection of ° ′ ″ North Boundary: 46°41′33″ W 81 39 58.47 W and reference line run- South Boundary: 46°41′18″ W ning between point A at 41°31′33.45″ N, East Boundary: 92°11′53″ W 81°39′47.45″ W and point B at 41°31′19.67″ West Boundary: 92°12′11″ W N, 81°40′19.17″ W. (2) Safety Zone #2 (South Spirit Lake): (3) Restricted area no. 3. Restricted area no. 3 is the water area of the North Boundary: 46°40′45″ N Lakeside Yacht Club entrance channel South Boundary: 46°40′33″ N which is outside restricted area no. 1, ° ′ ″ East Boundary: 92 11 40 W and southwest of a line running 328° T West Boundary: 92°12′05″ W from point A at 41°31′33.45″ N., (b) Transit of vessels through the 81°39′47.45″ W. waters covered by these zones is pro- (4) Restricted area no. 4. Restricted hibited. Swimming (including water area no. 4 is the area inside the Lake- skiing or other recreational use of the side Yacht Club docks which is south- water which involves a substantial risk west of a line running 328° T from the of immersion in the water) or taking of intersection of 81°39′58.47″ W and a ref- 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 in- side 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

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comply with the clearance procedures (2) 11:00 p.m. on Saturdays to 8:00 prescribed in paragraph (c) of this sec- a.m. on Sundays. tion when navigating through re- (3) 12:00 midnight Sunday nights to stricted area 2, and may not dock in or 7:00 a.m. on Mondays. enter restricted area 4 at any time. (e) Enforcement. This section will not (5) 63 to 95 feet. Vessels at least 63 feet be enforced during any period in which in height yet less than 95 feet in height the Federal Aviation Administration may not enter restricted area 1, must withdraws approval for operation of an comply with the clearance procedures instrument-only approach to runway 24 prescribed in paragraph (c) of this sec- on the northeast end of Burke Lake- tion when navigating through re- front Airport. stricted areas 2 or 3, and may not dock [CGD09–97–002, 64 FR 8006, Feb. 18, 1999] in or enter restricted areas 4 or 5 at any time. § 165.907 [Reserved] (6) 95 feet or more. Vessel 95 feet or more in height may not enter any re- § 165.909 [Reserved] stricted area, 1 through 6, at any time. (c) Clearance procedures. Except dur- § 165.910 Security Zones; Captain of ing the times specified in paragraph the Port Lake Michigan. (d), operators of vessels subject to (a) Security zones. The following these procedures must do the fol- areas, defined by coordinates based lowing: upon North American Datum 1983, are (1) Obtain clearance from the Burke security zones: Lakefront Air Traffic Control Tower (1) Jardine Water Filtration Plant—(i) before navigating through the re- Location. All waters of Lake Michigan stricted area(s); within the arc of a 100-yard radius with (2) Navigate promptly through the its center located on the north wall of area(s) at a safe and practical speed. Jardine Water Filtration Plant, ap- Navigation at a safe and practical proximate position 41°53′46″ N, 087°36′23″ speed includes brief stops at the fueling W; (NAD 83) dock inside restricted area 3 by vessels (ii) Regulations. The Captain of the with masts between 63 and 95 feet in Port Lake Michigan will normally per- height; and mit those U.S. Coast Guard certificated (3) Promptly inform the Burke Lake- passenger vessels that normally load front Air Traffic Control Tower after and unload passengers at Navy Pier to clearing the restricted area(s), or of operate in the zone. However, should any difficulty preventing prompt clear- the Captain of the Port Lake Michigan ance. The Burke Lakefront Air Traffic determine it is appropriate, he will re- Control Tower may be contacted on quire even those U.S. Coast Guard cer- marine radio channel 14, or by tele- tificated passenger vessels which nor- phone at (216) 781–6411 except as noted mally load and unload passengers at during the suspended hours listed in Navy Pier to request permission before paragraph (d) of this section. The radio leaving or entering the security zones. and telephone will be manned when the The Captain of the Port Lake Michigan instrument guided approach system is will notify these vessels via Broadcast being utilized. Notice to Mariners if they must notify (4) Clearance may also be obtained the Coast Guard before entering or for longer periods or for groups of ves- transiting the security zone. As such, sels when arranged in advance with vessels that regularly operate within Burke Lakefront Airport by any appro- this zone are responsible for moni- priate means of communication, in- toring Broadcasts Notice to Mariners cluding a prior written agreement. for the Chicago area. These broadcasts (d) Enforcement of clearance require- will be made by U.S. Coast Guard Sec- ments. The clearance procedures speci- tor Lake Michigan. fied in paragraph (c) of this section will (2) Dresden Nuclear Power Plant. All not be enforced during the following waters of the Illinois River in the vi- times: cinity of Dresden Nuclear Power Plant (1) 11:00 p.m. n Fridays to 7:00 a.m. on encompassed by a line starting on the Saturdays. shoreline at 41°23′45″ N, 88°16′18″ W; then

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east to the shoreline at 41°23′39″ N, approximate position 41°58′00″ N, 88°16′09″ W; then following along the 087°35′30″ W. (NAD83) shoreline back to the beginning. (11) Four Mile Intake Crib. All waters (3) Donald C. Cook Nuclear Power of Lake Michigan within the arc of a Plant. All waters of Lake Michigan circle with a 100-yard radius of the around the Donald C. Cook Nuclear Four Mile Crib with its center in ap- Power Plant encompassed by a line proximate position 41°52′40″ N, 087°32′45″ starting on the shoreline at 41°58.656′ N, W. (NAD83) 86°33.972′ W; then northwest to 41°58.769′ (b) Regulations. (1) Under § 165.33, N, 86°34.525′ W; then southwest to entry into these zones is prohibited un- 41°58.589′ N, 86°34.591′ W; then southeast less authorized by the Coast Guard to the shoreline at 41°58.476′ N, 86°34.038′ Captain of the Port Lake Michigan. 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 approxi- mate 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

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to 43°31.8′ N, 076°23.2′ W; then south to (c) Authority. In addition to 33 U.S.C. 43°31.5′ N, 076°23.2′ W; and then fol- 1231 and 50 U.S.C. 191, the authority for lowing the shoreline back to the point this section includes 33 U.S.C. 1226. of origin (NAD 83). [CGD09–02–005, 67 FR 53500, Aug. 16, 2002, as (2) Ginna Nuclear Power Plant. The amended by USCG–2010–0821, 75 FR 61100, Oct. waters of Lake Ontario bounded by the 4, 2010] following area, starting at 43°16.9′ N, 077°18.9′ W; then north to 43°17.3′ N, § 165.912 Security Zone; Lake Erie, 077°18.9′ W; then east to 43°17.3′ N, Perry, OH. 077°18.3′ W; then south to 43°16.7′ N, (a) Location: The following area is a 077°18.3′ W; then following the shoreline security zone: all navigable waters of back to starting point (NAD 83). Lake Erie bounded by a line drawn be- (3) Moses-Saunders Power Dam. The tween the following coordinates begin- waters of the St. Lawrence River ning at 41°48.187′ N, 081°08.818′ W; then ° ′ ° ′ bounded by the following area, starting due north to 41 48.7 N, 081 08.818 W; ° ′ ° ′ at 45°00.73′ N, 074°47.85′ W; southeast fol- then due east to 41 48.7 N, 081 08.455 W; lowing the international border to then due south to the south shore of Lake Erie at 41°48.231′ N, 081°08.455′ W; 45°00.25′ N, 074°47.56′ W; then southwest thence westerly following the shoreline to 45°00.16′ N, 074°47.76′ W; then east to back to the beginning (NAD 83). the shoreline at 45°00.16′ N, 074°47.93′ W; (b) Regulations. In accordance with then northwest to 45° ′ ° ′ 00.36 N, 074 48.16 the general regulations in § 165.33 of W; then northeast back to the starting this part, entry into this zone is pro- point (NAD 83). hibited unless authorized by the Coast (4) Long Sault Spillway Dam. The Guard Captain of the Port Cleveland, waters of the St. Lawrence River or the designated on-scene representa- bounded by the following area, starting tive. at 44°59.5′ N, 074°52.0′ W; north to 45°00.0′ (c) Authority. In addition to 33 U.S.C. N, 074°52.0′ W; east to 45°00.0′ N, 074°51.6′ 1231 and 50 U.S.C. 191, the authority for W, then south to 44°59.5′ N, 074°51.6′ W; this section includes 33 U.S.C. 1226. then west back to the starting point [CGD09–02–006, 67 FR 52611, Aug. 13, 2002] (NAD 83). (b) Regulations. (1) In accordance with § 165.914 [Reserved] § 165.33, entry into this zone is prohib- ited unless authorized by the Coast § 165.915 Security zones; Captain of Guard Captain of the Port Buffalo. the Port Detroit. (2) Persons or vessels desiring to (a) Security zones. The following areas transit the area of the Nine Mile Point are security zones: and Fitzpatrick Nuclear Power Plants (1) Enrico Fermi 2 Nuclear Power Sta- or Ginna Nuclear Power Plant security tion. All waters and adjacent shoreline zones must contact the Captain of Port encompassed by a line commencing at Buffalo at telephone number (716) 843– 41°58.4′ N, 083°15.4′ W; then northeast to 9570, or on VHF/FM channel 16 to seek 41°58.5′ N, 083°15.0′ W; then southeast to permission to transit the area. Persons 41°58.2′ N, 083°13.7′ W; then south to desiring to transit the area of Moses- 41°56.9′ N, 083°13.8′ W; then west to Saunders Power Dam or Long Sault 41°56.9′ N, 083°15.2′ W; then back to the ° ′ ° ′ Spillway Dam security zones must con- starting point at 41 58.4 N, 083 15.4 W tact the Supervisor, Marine Safety De- (NAD 83). tachment Massena at telephone num- (2) Davis Besse Nuclear Power Station. ber (315) 769–5483, or on VHF/FM chan- All waters and adjacent shoreline en- nel 16 to seek permission to transit the compassed by a line commencing at 41°36.1′ N, 083°04.7′ W; north to 41°37.0′ N, area. If permission is granted, all per- 083°03.9′ W; east to 41°35.9′ N, 083°02.5′ W; sons and vessels shall comply with the southwest to 41°35.4′ N, 083°03.7′ W; then instructions of the Captain of the Port back to the starting point 41°36.1′ N, or his or her designated representative. 083°04.7′ W (NAD 83). (3) North American International Auto Show, Detroit River, Detroit, MI. All

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waters of the Detroit River encom- (2) Point Beach. All navigable waters passed by a line beginning at a point of of Western Lake Michigan encom- origin on land adjacent to the west end passed by a line commencing from a of Joe Lewis Arena at 42°19.44′ N, point on the shoreline at 44°17.06 N, 083°03.11′ W; then extending offshore ap- 087°32.15 W, then northeasterly to proximately 150 yards to 42°19.39′ N, 44°17.12 N, 087°31.59 W, then southeast- 083°03.07′ W; then proceeding upriver erly to 44°16.48 N, 087°31.42 W, then approximately 2000 yards to a point at southwesterly to 44°16.42 N, 087°32.02 W, 42°19.72′ N, 083°01.88′ W; then proceeding then northwesterly along the shoreline onshore to a point on land adjacent to back to the point of origin. All coordi- the Tricentennial State Park at nates are based upon North American 42°19.79′ N, 083°01.90′ W; then proceeding Datum 1983. downriver along the shoreline to con- (b) Regulations. (1) In accordance with nect back to the point of origin on land § 165.33, entry into this zone is prohib- adjacent to the west end of the Joe ited unless authorized by the Coast Louis Arena (NAD 83). This security Guard Captain of the Port Milwaukee. zone will be enforced for two weeks in Section 165.33 also contains other gen- the month of January with the exact eral requirements. 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. If permission is granted, all persons [CGD09–02–007, 67 FR 49578, July 31, 2002, as and vessels shall comply with the in- amended by CGD09–03–277, 69 FR 4242, Jan. structions of the Captain of the Port or 29, 2004] his or her designated representative. (c) Authority. In addition to 33 U.S.C. § 165.918 Safety Zones; Annual events 1231 and 50 U.S.C. 191, the authority for requiring safety zones in the Cap- 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- § 165.916 Security Zones; Captain of tion Fireworks; Marquette, MI: the Port Milwaukee Zone, Lake (i) Location. All U.S. navigable waters Michigan. of Marquette Harbor within a 1000-foot (a) Location. The following are secu- radius of the fireworks launch site, rity zones: centered approximately 1250 feet south (1) Kewaunee Nuclear Power Plant. All of the Mattson Park Bulkhead Dock navigable waters of Western Lake and 450 feet east of Ripley Rock, at po- Michigan encompassed by a line com- sition 46°32′21.7″ N, 087°23′07.60″ W mencing from a point on the shoreline [DATUM: NAD 83]. at 44°20.715′ N, 087°32.080′ W; then eas- (ii) Enforcement period. This safety terly to 44°20.720′ N, 087°31.630′ W; then zone will be enforced each year on July southerly to 44°20.480′ N, 087°31.630′ W; 4 from 9 p.m. until 11 p.m. If the July then westerly to 44°20.480′ N, 087°31.970′ 4 fireworks are cancelled due to in- W, then northerly following the shore- clement weather, then this section will line back to the point of origin (NAD be enforced July 5 from 9 p.m. until 11 83). p.m.

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(2) Munising Fourth of July Celebration (i) Location. All U.S. navigable waters Fireworks; Munising, MI: of East Moran Bay within a 700-foot ra- (i) Location. All U.S. navigable waters dius from the fireworks launch site at of South Bay within a 600-foot radius the end of the Arnold Transit Mill Slip, from the fireworks launch site at the centered in position: 45°52′24.62″ N, end of the Munising City Dock, cen- 084°43′18.13″ W [DATUM: NAD 83]. tered in position: 46°24′50.08″ N, (ii) Enforcement period. This safety 086°39′08.52″ W [DATUM: NAD 83]. zone will be enforced each year on July (ii) Enforcement period. This safety 4 from 9 p.m. until 11:30 p.m. If the July zone will be enforced each year on July 4 fireworks are cancelled due to in- 4 from 9 p.m. until 12:30 a.m. on July 5. clement weather, then this section will If the July 4 fireworks are cancelled be enforced July 5 from 9 p.m. until due to inclement weather, then this 11:30 p.m. section will be enforced on July 5 from (6) Mackinac Island Fourth of July 9 p.m. until 12:30 a.m. on July 6. Celebration Fireworks; Mackinac Island, (3) Grand Marais Splash-In; Grand MI: Marais, MI: (i) Location. All U.S. navigable waters of Lake Huron within a 500-foot radius (i) Location. All U.S. navigable waters of the fireworks launch site, centered within the southern portion of West approximately 1000 yards west of 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) Location. All U.S. navigable waters (ii) Enforcement period. This safety of the St. Marys River within a 1200- zone will be enforced each year on July foot radius from the fireworks launch 4 from 9 p.m. until 11:30 p.m. If the July site, centered approximately 160 yards 4 fireworks are cancelled due to in- north of the U.S. Army Corp of Engi- clement weather, then this section will neers Soo Locks North East Pier, at be enforced July 5 from 9 p.m. until position 46°30′20.40″ N, 084°20′17.64″ W 11:30 p.m. [DATUM: NAD 83]. (5) St. Ignace Fourth of July Celebra- (ii) Enforcement period. This safety tion Fireworks; St. Ignace, MI: zone will be enforced each year on July

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1 from 9 p.m. until 11 p.m. If the July (ii) Enforcement period. This safety 1 fireworks are cancelled due to in- zone will be enforced each year on July clement weather, then this section will 3 from 9 p.m. until 11 p.m. If the July be enforced July 2 from 9 p.m. until 11 3 fireworks are cancelled due to in- p.m. clement weather, then this section will (9) Jordan Valley Freedom Festival be enforced July 4 from 9 p.m. until 11 Fireworks; East Jordan, MI: p.m. (i) Location. All U.S. navigable waters (13) Petoskey Fourth of July Celebration of Lake Charlevoix, near the City of Fireworks; Petoskey, MI: East Jordan, within the arc of a circle (i) Location. All U.S. navigable waters with a 1000-foot radius from the fire- of Lake Michigan and Petoskey Har- works launch site in position 45°09′18″ bor, in the vicinity of Bay Front Park, N, 085°07′48″ W [DATUM: NAD 83]. within the arc of a circle with a 1000- (ii) Enforcement period. Each year on foot radius from the fireworks launch Saturday of the third weekend of June site located in position 45°22′40″ N, from 9 p.m. until 11 p.m. 084°57′30″ W [DATUM: NAD 83]. (10) National Cherry Festival Fourth of (ii) Enforcement period. This safety July Celebration Fireworks; Traverse City, zone will be enforced each year on July MI: 4 from 9 p.m. until 11 p.m. If the July 4 fireworks are cancelled due to in- (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) Enforcement period. This safety 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- (16) National Cherry Festival Finale foot radius from the fireworks launch Fireworks; Traverse City, MI: site located on a barge in position (i) Location. All U.S. navigable waters 45°21′50″ N, 085°01′37″ W [DATUM: NAD and adjacent shoreline of the West Arm 83]. of Grand Traverse Bay within the arc

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of a circle with a 1000-foot radius from Designated representative means any the fireworks launch site located on a Coast Guard commissioned, warrant, or barge in position 44°46′12″ N, 085°37′06″ petty officer designated by the Captain W [DATUM: NAD 83]. of the Port Sault Sainte Marie to mon- (ii) Enforcement Period. Each year on itor these safety zones, permit entry the second Saturday of July from 9 into these safety zones, give legally en- p.m. until 11 p.m. forceable orders to persons or vessels (17) Charlevoix Venetian Festival Fri- within these safety zones, or take day Night Fireworks; Charlevoix, MI: other actions authorized by the Cap- (i) Location. All U.S. navigable waters tain of the Port Sault Sainte Marie. of Lake Charlevoix, in the vicinity of Public vessel means a vessel owned, Depot Beach, within the arc of a circle chartered, or operated by the United with a 1000-foot radius from the fire- States or by a State or political sub- works launch site located on a barge in division thereof. position 45°19′08″ N, 085°14′18″ W (c) Regulations. (1) In accordance with [DATUM: NAD 83]. the general regulations in § 165.23 of (ii) Enforcement period. Each year on this part, entry into, transiting, or an- Friday of the fourth weekend of July choring within any of the safety zones from 9 p.m. until 11 p.m. listed in this section is prohibited un- (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

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or her discretion, waive any of the re- Barge means a non-self propelled ves- quirements of this section, upon find- sel engaged in commerce, as set out in ing that circumstances are such that 33 CFR 160.202. application of this section is unneces- Certain Dangerous Cargo or (CDC) in- sary or impractical for the purposes of cludes any of the following: safety or environmental safety. (1) Division 1.1 or 1.2 explosives as de- [USCG–2011–0188, 76 FR 31841, June 2, 2011] fined in 49 CFR 173.50. (2) Division 1.5D blasting agents for § 165.920 Regulated Navigation Area: which a permit is required under 49 USCG Station Port Huron, Port CFR 176.415 or, for which a permit is re- Huron, MI, Lake Huron. quired as a condition of a Research and (a) Location. All waters of Lake Special Programs Administration ex- Huron encompassed by the following: emption. starting at the northwest corner at (3) Division 2.3 ‘‘poisonous gas’’, as 43°00.4′ N, 082°25.327′ W; then east to listed in 49 CFR 172.101 that is also a 43°00.4′ N, 082°25.23.8′ W; then south to ‘‘material poisonous by inhalation’’ as 43°00.3′ N, 082°25.238′ W; then west to defined in 49 CFR 171.8, and that is in a 43°00.3′ N, 082°25.327′ W; then following quantity in excess of 1 metric ton per the shoreline north back to the point barge. of origin (NAD 83). (4) Division 5.1 oxidizing materials (b) Special regulations. No vessel may for which a permit is required under 49 fish, anchor, or moor within the RNA CFR 176.415 or, for which a permit is re- without obtaining the approval of the quired as a condition of a Research and Captain of the Port (COTP) Detroit. Special Programs Administration ex- Vessels need not request permission emption. from COTP Detroit if only transiting (5) A liquid material that has a pri- through the RNA. COTP Detroit can be mary or subsidiary classification of Di- reached by telephone at (313) 568–9560, vision 6.1 ‘‘poisonous material’’ as list- or by writing to: Sector Detroit, 110 ed in 49 CFR 172.101 that is also a ‘‘ma- Mt. Elliot Ave., Detroit MI 48207–4380. terial 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 barge when not in a bulk packaging. § 165.921 Regulated Navigation Area; Reporting Requirements for Barges (6) Class 7, ‘‘highway route controlled Loaded with Certain Dangerous quantity’’ radioactive material or Cargoes, Illinois Waterway System ‘‘fissile material, controlled ship- located within the Ninth Coast ment’’, as defined in 49 CFR 173.403. Guard District. (7) Bulk liquefied chlorine gas and (a) Regulated Navigation Area. The fol- bulk liquefied gas cargo that is flam- lowing waters are a regulated naviga- mable and/or toxic and carried under 46 tion area (RNA): the Illinois Waterway CFR 154.7. System above mile 187.2 to the Chicago (8) The following bulk liquids— Lock on the Chicago River at mile 326.7 (i) Acetone cyanohydrin, and to the confluence of the Calumet (ii) Allyl alcohol, River and Lake Michigan at mile 333.5 (iii) Chlorosulfonic acid, of the Calumet River. (iv) Crotonaldehyde, (b) Applicability. This section applies (v) Ethylene chlorohydrin, to towing vessel operators and fleeting (vi) Ethylene dibromide, area managers responsible for CDC barges in the RNA. This section does (vii) Methacrylonitrile, not apply to towing vessel operators (viii) Oleum (fuming sulfuric acid), responsible for barges not carrying and CDC barges, or fleet tow boats moving (ix) Propylene Oxide. one or more CDC barges within a fleet- CDC barge means a barge containing ing area. CDCs or CDC residue. (c) Definitions. As used in this sec- Downbound means the tow is trav- tion— eling with the current.

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Fleet tow boat means any size vessel (vi) When the estimated time of ar- that is used to move, transport, or de- rival (ETA) to a reporting point varies liver a CDC barge within a fleeting by 6 hours from the previously reported area. ETA; Fleeting area means any fleet, includ- (vii) Any significant deviation from ing any facility, located within the previously reported information; area covered by one single port. (viii) Upon departing the RNA with Inland River Vessel Movement Center one or more CDC barges; and or (IRVMC) means the Coast Guard of- (ix) When directed by the IRVMC. fice that is responsible for collecting (2) The fleeting area manager respon- the information required by this sec- sible for one or more CDC barges in the tion. RNA must report all the information Ninth Coast Guard District means the items specified in table 165.921(g), in Coast Guard District as set out in 33 paragraph (g) of this section, to the CFR 3.45–1. IRVMC: Towing vessel means any size vessel (i) Once daily, report all CDC barges that is used to move, transport, or de- within the fleeting area; liver a CDC barge to a fleet or facility (ii) Upon moving one or more CDC that is located in a different port than barges within a fleeting area by a fleet where the voyage originated. tow boat; Towing vessel operator means the Cap- (iii) Any significant deviation from tain or pilot who is on watch on board previously reported information; and a towing vessel. (iv) When directed by the IRVMC. Upbound means the tow is traveling (3) Reports required by this section against the current. may be made by a company representa- (d) Regulations. The following must tive or dispatcher on behalf of the report to the Inland River Vessel Move- fleeting area manager. ment Center (IRVMC): (4) Reports required by this section (1) The towing vessel operator re- must be made to the IRVMC either by sponsible for one or more CDC barges telephone to (866) 442–6089, by fax to in the RNA must report all the infor- (866) 442–6107, or by e-mail to mation items specified in table [email protected]. A reporting form 165.921(f), in paragraph (f) of this sec- and e-mail link are available at http:// tion, to the IRVMC: www.uscg.mil/d8/Divs/M/IRVMC.htm. (i) Upon point of entry into the RNA (5) The general regulations contained with one or more CDC barges; in 33 CFR 165.13 apply to this section. (ii) Four hours before originating a (e) Ninth Coast Guard District Illinois voyage within the RNA with one or Waterway System RNA Reporting points. more CDC barges, except if the evo- Towing vessel operators responsible for lution of making up a tow with a CDC one or more CDC barges in the RNA barge will take less than 4 hours before must make reports to the Inland River originating a voyage, and the towing Vessel Movement Center at each point vessel operator did not receive the listed in this paragraph (e). order to make up a tow with a CDC (1) Illinois River (ILR) Upbound, at barge in advance of 4 hours before orig- Mile Markers (M) and when Departing inating the voyage with one or more Lock & Dam (L&D)— CDC barges, in which case the towing (i) M 187.2 (Southern Boundary MSU vessel operator shall submit the re- Chicago AOR), quired report to the IRVMC as soon as (ii) M 303.5 Junction of Chicago Sani- possible after receiving orders to make tary Ship Canal and Calumet-Sag up a tow with one or more CDC barges; 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)

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and when Departing Lock & Dam (v) M 187.2 (Southern Boundary MSU (L&D)— Chicago AOR). (i) M 326.7 Chicago L&D, Chicago (f) Information to be reported to the River, IRVMC by towing vessel operators. With (ii) M 333.5 Confluence of Calumet the exception noted in paragraph River and Lake Michigan, (d)(1)(ii) of this section, towing vessel (iii) M 326.4 Thomas S. O’Brien L&D, operators responsible for one or more Calumet River, CDC barges in the RNA must report all (iv) M 303.5 Junction of Chicago Sani- the information required by this sec- tary Ship Canal and Calumet-Sag tion as set out in table 165.921(f) of this Channel, and 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 lo- cation 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 infor- mation (all that apply) ...... X X X X (4) When directed by the IRVMC ...... X X X X

(h) Alternative reporting. The Ninth cludes, but is not limited to, any water Coast Guard District Commander may taken on board to control or maintain consider and approve alternative meth- trim, draft, stability, or stresses of the ods to be used by a reporting party to vessel. Likewise, it includes any water meet any reporting requirements if— taken on board due to free communica- (1) The request is submitted in writ- tion between the hull of the vessel and ing to Commander, Ninth Coast Guard exterior water. Potable water is water District (m), 1240 E. Ninth Street, treated and stored aboard the vessel Cleveland, Ohio, 44199–2060; and that is suitable for human consump- (2) The alternative provides an equiv- tion. alent level of the reporting that which (ii) Vessels with non-potable water would be achieved by the Coast Guard onboard are permitted to transit the with the required check-in points. safety zone if they have taken steps to (i) Deviation from this section is pro- prevent the release, in any form, of hibited unless specifically authorized that water in or on the other side of by the Commander, Ninth Coast Guard the safety zone. Alternatively, vessels District or the IRVMC. with non-potable water onboard are (Approved by the Office of Management and permitted to transit the safety zone if Budget under OMB control number 1625–1505) they have plans to dispose of the water [CDG09–03–241, 68 FR 57622, Oct. 6, 2003, as in a biologically sound manner. amended by USCG–2005–21869, 80 FR 5336, (iii) Vessels with non-potable water Jan. 30, 2015] 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

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or her designated representatives, or (H) Except for law enforcement and an on-scene representative. emergency response personnel, all per- (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.

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

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

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into a safety zone, give legally enforce- the listed duration in this section, he able orders to persons or vessels within or she may make the public aware of a safety zone, and take other actions this suspension by Broadcast Notice to authorized by the Captain of the Port Mariners and/or on-scene notice by his Lake 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 Enforcement date and time 2

(a) March Safety Zones

(1) St. Patrick’s Day Fireworks...... Manitowoc, WI. All waters of the The third Saturday of March; 5:30 p.m. Manitowoc River within the arc of a to 7 p.m. circle with a 250-foot radius from a center point launch position at 44°05.492′ N., 087°39.332′ W. (2) Public Fireworks Display ...... Green Bay, WI. All waters of the Fox March 15; 11:50 a.m. to 12:30 p.m. Rain River in the vicinity of the Main Street date: March 16; 11:50 a.m. to 12:30 and Walnut Street Bridge within an p.m. area bounded by the following coordi- nates; 44°31.211′ N., 088° 00.833′ W.; then southwest along the river bank to 44°30.944′ N., 088°01.159′ W.; then southeast to 44°30.890′ N., 088°01.016′ W.; then northeast along the river bank to 44°31.074′ N., 088°00.866′ W.; then northwest re- turning to the point of origin.

(b) April Safety Zones

(1) Michigan Aerospace Challenge Sport Muskegon, MI. All waters of Muskegon The last Saturday of April; 8 a.m. to 4 Rocket Launch. Lake, near the West Michigan Dock p.m. and Market Corp facility, within the arc of a circle with a 1500-yard radius from the rocket launch site located in position 43°14.018′ N., 086°15.585′ W. (2) Lubbers Cup Regatta ...... Spring Lake, MI. All waters of Spring April 11; 7:45 a.m. to 7 p.m., and April Lake in Spring Lake, Michigan in the 12; 8:30 a.m. to 12:30 p.m. vicinity of Keenan Marina within a rec- tangle that is approximately 6,300 by 300 feet. The rectangle will be bound- ed by points beginning at 43°04.914′ N., 086°12.525′ W.; then east to 43°04.958′ N., 086°11.104′ W.; then south to 43°04.913′ N., 086°11.096′ W.; then west to 43°04.867′ N., 086°12.527′ W.; then north back to the point of origin.

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Event Location Enforcement date and time 2

(c) May Safety Zones

(1) Tulip Time Festival Fireworks...... Holland, MI. All waters of Lake The first Saturday of May; 9:30 p.m. to Macatawa, near Kollen Park, within 11:30 p.m. Rain date: The first Friday the arc of a circle with a 1000-foot ra- of May; 9:30 p.m. to 11:30 p.m. dius from the fireworks launch site in approximate center position 42°47.496′ N., 086°07.348′ W. (2) Cochrane Cup ...... Blue Island, IL. All waters of the Calumet The first Saturday of May; 6:30 a.m. to 5 Saganashkee Channel from the South p.m. Halstead Street Bridge at 41°39.442′ N., 087°38.474′ W.; to the Crawford Avenue Bridge at 41°39.078′ N., 087°43.127′ W.; and the Little Cal- umet River from the Ashland Avenue Bridge at 41°39.098′ N., 087°39.626′ W.; to the junction of the Calumet Saganashkee Channel at 41°39.373′ N., 087°39.026′ W. (3) Rockets for Schools Rocket Launch ... Sheboygan, WI. All waters of Lake The first Saturday of May; 8 a.m. to 5 Michigan and Sheboygan Harbor, near p.m. the Sheboygan South Pier, within the arc of a circle with a 1500-yard radius from the rocket launch site located with its center in position 43°44.914′ N., 087°41.869′ W. (4) Celebrate De Pere Fireworks ...... De Pere, WI. All waters of the Fox River, The Saturday or Sunday before Memo- near Voyageur Park, within the arc of rial Day; 8:30 p.m. to 10 p.m. a circle with a 500 foot radius from the fireworks launch site located in posi- tion 44°27.167′ N., 088°03.833′ W.

(d) June Safety Zones

(1) International Bayfest ...... Green Bay, WI. All waters of the Fox The second Friday of June; 9 p.m. to 11 River, near the Western Lime Com- p.m. pany 1.13 miles above the head of the Fox River, within the arc of a circle with a 1,000-foot radius from the fire- works launch site located in position 44°31.408′ N., 088°00.710′ W. (2) Harborfest Music and Family Festival Racine, WI. All waters of Lake Michigan Friday and Saturday of the third com- and Racine Harbor, near the Racine plete weekend of June; 9 p.m. to 11 Launch Basin Entrance Light, within p.m. each day. the arc of a circle with a 200-foot ra- dius from the fireworks launch site lo- cated in position 42°43.722′ N., 087°46.673′ W. (3) Spring Lake Heritage Festival Fire- Spring Lake, MI. All waters of the Grand The third Saturday of June; 9 p.m. to 11 works. River within the arc of a circle with a p.m. 700-foot radius from a barge in center position 43°04.375′ N., 086°12.401′ W. (4) Elberta Solstice Festival ...... Elberta, MI. All waters of Betsie Lake The last Saturday of June; 9 p.m. to 11 within the arc of a circle with a 500- p.m. foot radius from the fireworks launch site located in approximate center po- sition 44°37.607′ N., 086°13.977′ W. (5) World War II Beach Invasion Re-en- St. Joseph, MI. All waters of Lake Michi- The last Saturday of June; 8 a.m. to 2 actment. gan in the vicinity of Tiscornia Park in p.m. St. Joseph, MI beginning at 42°06.918′ N., 086°29.421′ W.; then west/northwest along the north break- water to 42°06.980′ N., 086°29.682′ W.; then northwest 100 yards to 42°07.018′ N., 086°29.728′ W.; then northeast 2,243 yards to 42°07.831′ N., 086°28.721′ W.; then southeast to the shoreline at 42°07.646′ N., 086°28.457′ W.; then southwest along the shoreline to the point of origin.

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Event Location Enforcement date and time 2

(6) Ephraim Fireworks ...... Ephraim, WI. All waters of Eagle Harbor The third Saturday of June; 9 p.m. to 11 and Lake Michigan within the arc of a p.m. circle with a 750-foot radius from the fireworks launch site located on a barge in position 45°09.304′ N., 087°10.844′ W. (7) Thunder on the Fox ...... Elgin, IL. All waters of the Fox River Friday, Saturday, and Sunday of the from the Kimball Street bridge, located third weekend in June; 10 a.m. to 7 at approximate position 42°02.499′ N., p.m. each day. 088°17.367′ W., then 1250 yards north to a line crossing the river per- pendicularly running through position 42°03.101′ N., 088°17.461′ W. (8) Olde Ellison Bay Days Fireworks ...... Ellison Bay, WI. All waters of Green The fourth Saturday of June; 9 p.m. to Bay, in the vicinity of Ellison Bay Wis- 10 p.m. consin, within the arc of a circle with a 400-foot radius from the fireworks launch site located on a barge in ap- proximate center position 45°15.595′ N., 087°05.043′ W. (9) Sheboygan Harborfest Fireworks...... Sheboygan, WI. All waters of Lake June 15; 8:45 p.m. to 10:45 p.m. Michigan and Sheboygan Harbor with- in the arc of a circle with a 1000-foot radius from the fireworks launch site located in position 43°44.914′ N., 087°41.897′ W.

(e) July Safety Zones

(1) Town of Porter Fireworks Display ...... Porter IN. All waters of Lake Michigan The first Saturday of July; 8:45 p.m. to within the arc of a circle with a 1000 9:30 p.m. foot radius from the fireworks launch site located in center position 41°39.927′ N., 087°03.933′ W. (2) City of Menasha 4th of July Fireworks Menasha, WI. All waters of Lake Winne- July 4; 9 p.m. to 10:30 p.m. bago and the Fox River within the arc of a circle with an 800-foot radius from the fireworks launch site located in center position 44°12.231′ N., 088°25.524′ W. (3) Pentwater July Third Fireworks ...... Pentwater, MI. All waters of Lake Michi- July 3; 9 p.m. to 11 p.m. Rain date: July gan and the Pentwater Channel within 4; 9 p.m. to 11 p.m. the arc of a circle with a 1,000-foot ra- dius from the fireworks launch site lo- cated in position 43°46.942′ N., 086°26.625′ W. (4) Taste of Chicago Fireworks ...... Chicago, IL. All waters of Monroe Harbor July 3; 9 p.m. to 11 p.m. Rain date: July and Lake Michigan bounded by a line 4; 9 p.m. to 11 p.m. drawn from 41°53.380′ N., 087°35.978′ W.; then southeast to 41°53.247′ N., 087°35.434′ W.; then south to 41°52.809′ N., 087°35.434′ W.; then southwest to 41°52.453′ N., 087°36.611′ W.; then north to 41°53.247′ N., 087°36.573′ W.; then northeast returning to the point of ori- gin. (5) St. Joseph Fourth of July Fireworks .... St. Joseph, MI. All waters of Lake Michi- July 4; 9 p.m. to 11 p.m. Rain date: July gan and the St. Joseph River within 5; 9 p.m. to 11 p.m. the arc of a circle with a 1000-foot ra- dius from the fireworks launch site in position 42°06.867′ N., 086° 29.463′ W. (6) US Bank Fireworks ...... Milwaukee, WI. All waters and adjacent July 3; 9 p.m. to 11 p.m. Rain date: July shoreline of Milwaukee Harbor, in the 4; 9 p.m. to 11 p.m. vicinity of Veteran’s park, within the arc of a circle with a 1,200-foot radius from the center of the fireworks launch site which is located on a barge in ap- proximate position 43°02.362′ N., 087°53.485′ W.

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Event Location Enforcement date and time 2

(7) Manistee Independence Day Fire- Manistee, MI. All waters of Lake Michi- July 3; 9 p.m. to 11 p.m. Rain date: July works. gan, in the vicinity of the First Street 4; 9 p.m. to 11 p.m. Beach, within the arc of a circle with a 1,000-foot radius from the fireworks launch site located in position 44°14.854′ N., 086°20.757′ W. (8) Frankfort Independence Day Fireworks Frankfort, MI. All waters of Lake Michi- July 4; 9 p.m. to 11 p.m. Rain date: July gan and Frankfort Harbor, bounded by 5; 9 p.m. to 11 p.m. a line drawn from 44°38.100′ N., 086°14.826′ W.; then south to 44°37.613′ N., 086°14.802′ W.; then west to 44°37.613′ N., 086°15.263′ W.; then north to 44°38.094′ N., 086°15.263′ W. (9) Freedom Festival Fireworks ...... Ludington, MI. All waters of Lake Michi- July 4; 9 p.m. to 11 p.m. Rain date: July gan and Ludington Harbor within the 5; 9 p.m. to 11 p.m. arc of a circle with a 800-foot radius from the fireworks launch site located in position 43°57.171′ N., 086°27.718′ W. (10) White Lake Independence Day Fire- Montague, MI. All waters of White Lake July 4; 9:30 p.m. to 11:30 p.m. Rain works. within the arc of a circle with an 800- date: July 5; 9:30 p.m. to 11:30 p.m. foot radius from a center position at 43°24.621′ N., 086°21.463′ W. (11) Muskegon Summer Celebration July Muskegon, MI. All waters of Muskegon July 4; 9 p.m. to 11 p.m. Rain date: July Fourth Fireworks. Lake, in the vicinity of Hartshorn Mu- 5; 9 p.m. to 11 p.m. nicipal Marina, within the arc of a cir- cle with a 700-foot radius from a cen- ter position at 43°14.039′ N., 086°15.793′ W. (12) Grand Haven Jaycees Annual Fourth Grand Haven, MI. All waters of the July 4; 9 p.m. to 11:30 p.m. Rain date: of July Fireworks. Grand River within the arc of a circle July 5; 9 p.m. to 11:30 p.m. with a 800-foot radius from the fire- works launch site located on the west bank of the Grand River in position 43°3.908′ N., 086°14.240′ W. (13) Celebration Freedom Fireworks...... Holland, MI. All waters of Lake The Saturday prior to July 4; 9 p.m. to Macatawa in the vicinity of Kollen Park 11 p.m. Rain date: July 4; 9 p.m. to 11 within the arc of a circle with a 2000- p.m. foot radius of a center launch position at 42°47.440′ N., 086°07.621′ W. (14) Van Andel Fireworks Show ...... Holland, MI. All waters of Lake Michigan July 4; 9 p.m. to 11 p.m. Raindate: July and the Holland Channel within the 3; 9 p.m. to 11 p.m. arc of a circle with a 1000-foot radius from the fireworks launch site located in approximate position 42°46.351′ N., 086°12.710′ W. (15) Saugatuck Independence Day Fire- Saugatuck, MI. All waters of Kalamazoo July 4; 9 p.m. to 11 p.m. Rain date: July works. Lake within the arc of a circle with a 5; 9 p.m. to 11 p.m. 500-foot radius from the fireworks launch site in center position 42°39.074′ N., 086°12.285′ W. (16) South Haven Fourth of July Fire- South Haven, MI. All waters of Lake July 3; 9:30 p.m. to 11:30 p.m. works. Michigan and the Black River within the arc of a circle with a 1000-foot ra- dius from the fireworks launch site lo- cated in center position 42°24.125′ N., 086°17.179′ W. (17) Town of Dune Acres Independence Dune Acres, IN. All waters of Lake The first Saturday of July; 8:45 p.m. to Day Fireworks. Michigan within the arc of a circle with 10:30 p.m. a 700-foot radius from the fireworks launch site located in position 41°39.303′ N., 087°05.239′ W. (18) Gary Fourth of July Fireworks ...... Gary, IN. All waters of Lake Michigan, July 4; 9 p.m. to 11 p.m. Rain date: July approximately 2.5 miles east of Gary 5; 9 p.m. to 11 p.m. Harbor, within the arc of a circle with a 500-foot radius from the fireworks launch site located in position 41°37.322′ N., 087°14.509′ W.

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Event Location Enforcement date and time 2

(19) Joliet Independence Day Celebration Joliet, IL. All waters of the Des Plains July 3; 9 p.m. to 11 p.m. Rain date: July Fireworks. River, at mile 288, within the arc of a 4; 9 p.m. to 11 p.m. circle with a 500-foot radius from the fireworks launch site located in posi- tion 41°31.522′ N., 088°05.244′ W. (20) Glencoe Fourth of July Celebration Glencoe, IL. All waters of Lake Michigan July 4; 9 p.m. to 11 p.m. Rain date: July Fireworks. in the vicinity of Lake Front Park, with- 5; 9 p.m. to 11 p.m. in the arc of a circle with a 500-foot radius from a barge in position 42°08.404′ N., 087°44.930′ W. (21) Lakeshore Country Club Independ- Glencoe, IL. All waters of Lake Michigan July 4; 9 p.m. to 11 p.m. Rain date: July ence Day Fireworks. within the arc of a circle with a 600- 5; 9 p.m. to 11 p.m. foot radius from a center point fire- works launch site in approximate posi- tion 42°09.130′ N., 087°45.530′ W. (22) Shore Acres Country Club Independ- Lake Bluff, IL. All waters of Lake Michi- July 4; 9 p.m. to 11 p.m. Rain date: July ence Day Fireworks. gan within the arc of a circle with a 5; 9 p.m. to 11 p.m. 600-foot radius from approximate posi- tion 42°17.847′ N., 087°49.837′ W. (23) Kenosha Independence Day Fire- Kenosha, WI. All waters of Lake Michi- July 4; 9 p.m. to 11 p.m. Rain date: July works. gan and Kenosha Harbor within the 5; 9 p.m. to 11 p.m. arc of a circle with a 1000-foot radius from the fireworks launch site located in position 42°35.283′ N., 087°48.450′ W. (24) Fourthfest of Greater Racine Fire- Racine, WI. All waters of Racine Harbor July 4; 9 p.m. to 11 p.m. Rain date: July works. and Lake Michigan within the arc of a 5; 9 p.m. to 11 p.m. circle with a 900-foot radius from a center point position at 42°44.259′ N., 087°46.635′ W. (25) Sheboygan Fourth of July Celebra- Sheboygan, WI. All waters of Lake July 4; 9 p.m. to 11 p.m. Rain date: July tion Fireworks. Michigan and Sheboygan Harbor, in 5; 9 p.m. to 11 p.m. the vicinity of the south pier, within the arc of a circle with a 1000-foot radius from the fireworks launch site located in position 43°44.917′ N., 087°41.850′ W. (26) Manitowoc Independence Day Fire- Manitowoc, WI. All waters of Lake Michi- July 4; 9 p.m. to 11 p.m. Rain date: July works. gan and Manitowoc Harbor, in the vi- 5; 9 p.m. to 11 p.m. cinity of south breakwater, within the arc of a circle with a 1000-foot radius from the fireworks launch site located in position 44°05.395′ N., 087°38.751′ W. (27) Sturgeon Bay Independence Day Sturgeon Bay, WI. All waters of Stur- July 4; 9 p.m. to 11 p.m. Rain date: July Fireworks. geon Bay, in the vicinity of Sunset 5; 9 p.m. to 11 p.m. Park, within the arc of a circle with a 1000-foot radius from the fireworks launch site located on a barge in posi- tion 44°50.617′ N., 087°23.300′ W. (28) Fish Creek Independence ...... Fish Creek, WI. All waters of Green Bay, The first Saturday after July 4; 9 p.m. to in the vicinity of Fish Creek Harbor, 11 p.m. Rain date: The first Sunday within the arc of a circle with a 1000- after July 4; 9 p.m. to 11 p.m. foot radius from the fireworks launch site located on a barge in position 45°07.867′ N., 087°14.617′ W. (29) Fire over the Fox Fireworks ...... Green Bay, WI. All waters of the Fox July 4; 9 p.m. to 11 p.m. Rain date: July River including the mouth of the East 5; 9 p.m. to 11 p.m. River from the railroad bridge in ap- proximate position 44°31.467′ N., 088°00.633′ W. then southwest to the US 141 bridge in approximate position 44°31.102′ N., 088°00.963′ W.

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Event Location Enforcement date and time 2

(30) Celebrate Americafest Ski Show ...... Green Bay, WI. All waters of the Fox July 4 from 2:30 p.m. to 4:30 p.m. Rain River, including the mouth of the East date: July 5; 2:30 p.m. to 4:30 p.m. River from the West Walnut Street Bridge in approximate position 44°30.912′ N., 088°01.100′ W., then northeast to an imaginary line running perpendicularly across the river through coordinate 44°31.337′ N., 088°00.640′ W. (31) Marinette Fourth of July Celebration Marinette, WI. All waters of the Menom- July 4; 9 p.m. to 11 p.m. Rain date: July Fireworks. inee River, in the vicinity of Stephen- 5; 9 p.m. to 11 p.m. son Island, within the arc of a circle with a 900 foot radius from the fire- works launch site in center position 45°6.232′ N., 087°37.757′ W. (32) Evanston Fourth of July Fireworks .... Evanston, IL. All waters of Lake Michi- July 4; 9 p.m. to 11 p.m. Rain date: July gan, in the vicinity of Centennial Park 5; 9 p.m. to 11 p.m. Beach, within the arc of a circle with a 500-foot radius from the fireworks launch site located in position 42°02.933′ N., 087°40.350′ W. (33) Gary Air and Water Show ...... Gary, IN. All waters of Lake Michigan July 10 thru 14; 8:30 a.m. to 5 p.m. bounded by a line drawn from 41°37.250′ N., 087°16.763′ W.; then east to 41°37.440′ N., 087°13.822′ W.; then north to 41°38.017′ N., 087°13.877′ W.; then southwest to 41°37.805′ N., 087°16.767′ W.; then south returning to the point of origin. (34) Annual Trout Festival Fireworks ...... Kewaunee, WI. All waters of Kewaunee Friday of the second complete weekend Harbor and Lake Michigan within the of July; 9 p.m. to 11 p.m. arc of a circle with a 1000-foot radius from the fireworks launch site located in position 44°27.493′ N., 087°29.750′ W. (35) Michigan City Summerfest Fireworks Michigan City, IN. All waters of Michigan Sunday of the second complete week- City Harbor and Lake Michigan within end of July; 8:30 p.m. to 10:30 p.m. the arc of a circle with a 1000-foot ra- dius from the fireworks launch site lo- cated in position 41°43.700′ N., 086°54.617′ W. (36) Port Washington Fish Day Fireworks Port Washington, WI. All waters of Port The third Saturday of July; 9 p.m. to 11 Washington Harbor and Lake Michi- p.m. gan, in the vicinity of the WE Energies coal dock, within the arc of a circle with a 1000-foot radius from the fire- works launch site located in position 43°23.117′ N., 087°51.900′ W. (37) Bay View Lions Club South Shore Milwaukee, WI. All waters of Lake Michi- Friday, Saturday, and Sunday of the Frolics Fireworks. gan and Milwaukee Harbor, in the vi- second or third weekend of July; 9 cinity of South Shore Yacht Club, with- p.m. to 11 p.m. each day. in the arc of a circle with a 900-foot radius from the fireworks launch site in position 42°59.658′ N., 087°52.808′ W. (38) Venetian Festival Fireworks ...... St. Joseph, MI. All waters of Lake Michi- Saturday of the third complete weekend gan and the St. Joseph River, near of July; 9 p.m. to 11 p.m. the east end of the south pier, within the arc of a circle with a 1000-foot ra- dius from the fireworks launch site lo- cated in position 42°06.800′ N., 086°29.250′ W. (39) Joliet Waterway Daze Fireworks ...... Joliet, IL. All waters of the Des Plaines Friday and Saturday of the third com- River, at mile 287.5, within the arc of plete weekend of July; 9 p.m. to 11 a circle with a 300-foot radius from the p.m. each day. fireworks launch site located in posi- tion 41°31.250′ N., 088°05.283′ W.

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TABLE 165.929—Continued

Event Location Enforcement date and time 2

(40) EAA Airventure ...... Oshkosh, WI. All waters of Lake Winne- The last complete week of July, begin- bago in the vicinity of Willow Harbor ning Monday and ending Sunday; 8 within an area bounded by a line con- a.m. to 8 p.m. each day. necting the following coordinates: be- ginning at 43°56.822′ N., 088° 29.904′ W.; then north approximately 5100 feet to 43°57.653′ N., 088° 29.904′ W., then east approximately 2300 feet to 43°57.653′ N., 088° 29.374′ W.; then south to shore at 43°56.933′ N., 088°29.374′ W.; then southwest along the shoreline to 43°56.822′ N., 088°29.564′ W.; then west returning to the point of origin. (41) Saugatuck Venetian Night Fireworks Saugatuck, MI. All waters of Kalamazoo The last Saturday of July; 9 p.m. to 11 Lake within the arc of a circle with a p.m. 500-foot radius from the fireworks launch site located on a barge in posi- tion 42°39.073′ N., 086°12.285′ W. (42) Roma Lodge Italian Festival Fire- Racine, WI. All waters of Lake Michigan Friday and Saturday of the last complete works. and Racine Harbor within the arc of a weekend of July; 9 p.m. to 11 p.m. circle with a 1000-foot radius from the fireworks launch site located in posi- tion 42°44.067′ N., 087°46.333′ W. (43) Chicago Venetian Night Fireworks .... Chicago, IL. All waters of Monroe Harbor Saturday of the last weekend of July; 9 and all waters of Lake Michigan p.m. to 11 p.m. bounded by a line drawn from 41°53.050′ N., 087°36.600′ W.; then east to 41°53.050′ N., 087°36.350′ W.; then south to 41°52.450′ N., 087°36.350′ W.; then west to 41°52.450′ N., 087°36.617′ W.; then north returning to the point of origin. (44) New Buffalo Business Association New Buffalo, MI. All waters of Lake July 3rd or July 5th; 9:30 p.m. to 11:15 Fireworks. Michigan and New Buffalo Harbor p.m. within the arc of a circle with a 800- foot radius from the fireworks launch site located in position 41°48.153′ N., 086°44.823′ W. (45) Start of the Chicago to Mackinac Chicago, IL. All waters of Lake Michigan July 12; 2 p.m. to 4:30 p.m. and July 13; Race. in the vicinity of the Navy Pier at Chi- 9 a.m. to 3 p.m. cago IL, within a rectangle that is ap- proximately 1500 by 900 yards. The rectangle is bounded by the coordi- nates beginning at 41°53.252′ N., 087°35.430′ W.; then south to 41°52.812′ N., 087°35.430′ W.; then east to 41°52.817′ N., 087°34.433′ W.; then north to 41°53.250′ N., 087°34.433′ W.; then west, back to point of origin. (46) Fireworks at Pier Wisconsin ...... Milwaukee, WI. All waters of Milwaukee Dates and times will be issued by Notice Harbor, including Lakeshore Inlet and of Enforcement and Broadcast Notice the marina at Pier Wisconsin, within to Mariners. the arc of a circle with a 300-foot ra- dius from the fireworks launch site on Pier Wisconsin located in approximate position 43°02.178′ N., 087°53.625′ W. (47) Gills Rock Fireworks ...... Gills Rock, WI. All waters of Green Bay July 4; 8:30 p.m. to 10:30 p.m. near Gills Rock WI within a 1000-foot radius of the launch vessel in approxi- mate position at 45°17.470′ N., 087°01.728′ W. (48) City of Menominee 4th of July Cele- Menominee, MI. All waters of Green July 4; 9 p.m. to 11 p.m. bration Fireworks. Bay, in the vicinity of Menominee Ma- rina, within the arc of a circle with a 900-foot radius from a center position at 45°06.417′ N., 087°36.024′ W.

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TABLE 165.929—Continued

Event Location Enforcement date and time 2

(49) Miesfeld’s Lakeshore Weekend Fire- Sheboygan, WI. All waters of Lake July 26; 9 p.m. to 10 p.m. works. Michigan and Sheboygan Harbor with- in an 800-foot radius from the fire- works launch site located at the south pier in approximate position 43°44.917′ N., 087°41.967′ W. (50) Marinette Logging and Heritage Fes- Marinette, WI. All waters of the Menom- July 13; 9 p.m. to 11 p.m. tival Fireworks. inee River, in the vicinity of Stephen- son Island, within the arc of a circle with a 900-foot radius from the fire- works launch site in position 45°06.232′ N., 087°37.757′ W. (51) Summer in the City Water Ski Show Green Bay, WI. All waters of the Fox Each Wednesday of July through Au- River in Green Bay, WI from the Main gust; 6 p.m. to 6:30 p.m. and 7 p.m. to Street Bridge in position 44°31.089′ 7:30 p.m. N., 088°00.904′ W.; then southwest to the Walnut Street Bridge in position 44°30.900′ N., 088°01.091′ W. (52) Holiday Celebration Fireworks ...... Kewaunee, WI. All waters of Kewaunee July 4; 8:30 p.m. to 10:30 p.m. Rain Harbor and Lake Michigan within the date: July 5; 8:30 p.m. to 10:30 p.m. arc of a circle with a 1000-foot radius from the fireworks launch site located in position 44°27.481′ N., 087°29.735′ W. (53) Independence Day Fireworks ...... Wilmette, IL. All waters of Lake Michigan July 3; 8:30 p.m. to 10:15 p.m. and the North Shore Channel within the arc of a circle with a 1000-foot ra- dius from the fireworks launch site lo- cated at approximate center position 42°04.674′ N., 087°40.856′ W.

(f) August Safety Zones

(1) Michigan Super Boat Grand Prix...... Michigan City, IN. All waters of Lake The first Sunday of August; 9 a.m. to 4 Michigan bounded by a rectangle p.m. Rain date: The first Saturday of drawn from 41°43.655′ N., August; 9 a.m. to 4 p.m. 086°54.550′ W.; then northeast to 41°44.808′ N., 086°51.293′ W., then northwest to 41°45.195′ N., 086°51.757′ W.; then southwest to 41°44.063′ N., 086°54.873′ W.; then southeast returning to the point of ori- gin. (2) Milwaukee Air and Water Show ...... Milwaukee, WI. All waters and adjacent July 31 thru August 4; 8:30 a.m. to 5 shoreline of Lake Michigan in the vi- p.m. cinity of McKinley Park located within an area that is approximately 4800 by 1250 yards. The area will be bounded by the points beginning at 43°02.450′ N., 087°52.850′ W.; then southeast to 43°02.230′ N., 087°52.061′ W.; then northeast to 43°04.543′ N., 087°50.801′ W.; then northwest to 43°04.757′ N., 087°51.512′ W.; then southwest returning to the point of ori- gin. (3) Port Washington Maritime Heritage Port Washington, WI. All waters of Port Saturday of the last complete weekend Festival Fireworks. Washington Harbor and Lake Michi- of July or the second weekend of Au- gan, in the vicinity of the WE Energies gust; 9 p.m. to 11 p.m. coal dock, within the arc of a circle with a 1000-foot radius from the fire- works launch site located in position 43°23.117′ N., 087°51.900′ W. (4) Grand Haven Coast Guard Festival Grand Haven, MI. All waters of the First weekend of August; 9 p.m. to 11 Fireworks. Grand River within the arc of a circle p.m. with a 600-foot radius from the fire- works launch site located on the west bank of the Grand River in position 43°03.907′ N., 086°14.247′ W.

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TABLE 165.929—Continued

Event Location Enforcement date and time 2

(5) Sturgeon Bay Yacht Club Evening on Sturgeon Bay, WI. All waters of Stur- The first Saturday of August; 8 p.m. to the Bay Fireworks. geon Bay within the arc of a circle 10 p.m. with a 280-foot radius from the fire- works launch site located on a barge in approximate position 44°49.310′ N., 087°21.370′ W. (6) Hammond Marina Venetian Night Fire- Hammond, IN. All waters of Hammond The first Saturday of August; 9 p.m. to works. Marina and Lake Michigan within the 11 p.m. arc of a circle with a 1000-foot radius from the fireworks launch site located in position 41°41.883′ N., 087°30.717′ W. (7) North Point Marina Venetian Festival Winthrop Harbor, IL. All waters of Lake The second Saturday of August; 9 p.m. Fireworks. Michigan within the arc of a circle with to 11 p.m. a 1000-foot radius from the fireworks launch site located in position 42°28.917′ N., 087°47.933′ W. (8) Waterfront Festival Fireworks...... Menominee, MI. All waters of Green August 3; 9 p.m. to 11 p.m. Bay, in the vicinity of Menominee Ma- rina, within the arc of a circle with a 1000-foot radius from a center position at 45°06.447′ N., 087°35.991′ W. (9) Ottawa Riverfest Fireworks...... Ottawa, IL. All waters of the Illinois The first Sunday of August; 9 p.m. to 11 River, at mile 239.7, within the arc of p.m. a circle with a 300-foot radius from the fireworks launch site located in posi- tion 41°20.483′ N., 088°51.333′ W. (10) Chicago Air and Water Show ...... Chicago, IL. All waters and adjacent August 14 thru 18; 8:30 a.m. to 5 p.m. shoreline of Lake Michigan and Chi- cago Harbor bounded by a line drawn from 41°55.900′ N. at the shoreline, then east to 41°55.900′ N., 087°37.200′ W., then southeast to 41°54.000′ N., 087°36.000′ W., then southwestward to the northeast corner of the Jardine Water Filtration Plant, then due west to the shore. (11) Pentwater Homecoming Fireworks .... Pentwater, MI. All waters of Lake Michi- Saturday following the second Thursday gan and the Pentwater Channel within of August; 9 p.m. to 11 p.m. the arc of a circle with a 1000-foot ra- dius from the fireworks launch site lo- cated in position 43°46.942′ N., 086°26.633′ W. (12) Chicago Match Cup Race ...... Chicago, IL. All waters of Chicago Har- August 6 thru 11; 8 a.m. to 8 p.m. bor in the vicinity of Navy Pier and the Chicago Harbor break wall bounded by coordinates beginning at 41°53.617′ N., 087°35.433′ W.; then south to 41°53.400′ N., 087°35.433′ W.; then west to 41°53.400′ N., 087°35.917′ W.; then north to 41°53.617′ N., 087°35.917′ W.; then back to point of origin. (13) New Buffalo Ship and Shore Fire- New Buffalo, MI. All waters of Lake August 10; 9:30 p.m. to 11:15 p.m. works. Michigan and New Buffalo Harbor within the arc of a circle with a 800- foot radius from the fireworks launch site located in position 41°48.150′ N., 086°44.817′ W. (14) Sister Bay Marinafest Ski Show ...... Sister Bay, WI. All waters of Sister Bay August 31; 1 p.m. to 3:15 p.m. within an 800-foot radius of position 45°11.585′ N., 087°07.392′ W. (15) Sister Bay Marinafest Fireworks ...... Sister Bay, WI. All waters of Sister Bay August 31; 8:15 p.m. to 10 p.m. within an 800-foot radius of the launch vessel in approximate position 45°11.585′ N., 087°07.392′ W.

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TABLE 165.929—Continued

Event Location Enforcement date and time 2

(16) Vessel Launch at Marinette Marine ... Marinette, WI. All waters of the Menom- This zone will be enforced when a ves- inee River in the vicinity of Marinette sel is launched by issue of Notice of Marine Corporation, from the Bridge Enforcement and Marine Broadcast. Street Bridge located in position 45°06.188′ N., 087°37.583′ W., then approximately .95 NM south east to a line crossing the river perpendicularly passing through positions 45°05.881′ N., 087°36.281′ W., and 45°05.725′ N., 087°36.385′ W. (17) Fireworks Display ...... Winnetka, IL. All waters of Lake Michi- Third Saturday of August; 9:15 p.m. to gan within the arc of a circle with a 10:30 p.m. 900-foot radius from a center point barge located in approximate position 42°06.402′ N., 087°43.115′ W. (18) Algoma Shanty Days Fireworks ...... Algoma, WI. All waters of Lake Michigan Sunday of the second complete week- and Algoma Harbor within the arc of a end of August; 9 p.m. to 11 p.m. circle with a 1000-foot radius from the fireworks launch site located in a cen- ter position of 44°36.400′ N., 087°25.900′ W.

(g) September Safety Zones

(1) ISAF Nations Cup Grand Final Fire- Sheboygan, WI. All waters of Lake September 13; 7:45 p.m. to 8:45 p.m. works Display. Michigan and Sheboygan Harbor, in the vicinity of the south pier in She- boygan Wisconsin, within a 500 foot radius from the fireworks launch site located on land in position 43°44.917′ N., 087°41.850′ W.

(h) November Safety Zones

(1) Downtown Milwaukee Fireworks ...... Milwaukee, WI. All waters of the Mil- The third Thursday of November; 6 p.m. waukee River in the vicinity of the to 8 p.m. State Street Bridge within the arc of a circle with a 300-foot radius from a center point fireworks launch site in approximate position 43°02.559′ N., 087°54.749′ W. (2) Magnificent Mile Fireworks Display ..... Chicago, IL. All waters and adjacent The third weekend in November; sunset shoreline of the Chicago River bound- to termination of display. ed by the arc of the circle with a 210- foot radius from the fireworks launch site with its center in approximate po- sition of 41°53.350′ N., 087°37.400′ W.

(i) December Safety Zones

(1) New Years Eve Fireworks ...... Chicago, IL. All waters of Monroe Harbor December 31; 11 p.m. to January 1 at 1 and Lake Michigan within the arc of a a.m. circle with a 1000-foot radius from the fireworks launch site located on a barge in approximate position 41°52.683′ N., 087°36.617′ W. 1 All coordinates listed in 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–2014–1001, 80 FR 8538, Feb. 18, 2015] § 165.930 Safety Zone, Brandon Road Lock and Dam to Lake Michigan in- cluding Des Plaines River, Chicago Sanitary and Ship Canal, Chicago River, and Calumet-Saganashkee Channel, Chicago, IL. (a) Location. The safety zone consists of the following areas:

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(1) Des Plaines River. All U.S. waters segments. The Captain of the Port, of the Des Plaines River located be- Sector Lake Michigan, may suspend tween mile marker 286.0 (Brandon Road the enforcement of any segment of this Lock and Dam) and mile marker 290.0 safety zone for which notice of enforce- (point at which the Des Plaines River ment had been given. connects with the Chicago Sanitary (2) The safety zone established by and Ship Canal). this section will be enforced, pursuant (2) Chicago Sanitary and Ship Canal. to paragraph (c)(1) of this section, only All U.S. waters of the Chicago Sanitary upon notice by the Captain of the Port, and Ship Canal between mile marker Sector Lake Michigan. Suspension of 290.0 (point at which the Chicago Sani- any previously announced period of en- tary and Ship Canal connects to the forcement will also be provided by the Des Plaines River) and mile marker Captain of the Port, Sector Lake 321.8 (point at which the Chicago Sani- Michigan. All notices of enforcement tary and Ship Canal Connects to the and notices of suspension of enforce- South Branch Chicago River). ment will clearly describe any seg- (3) South Branch Chicago River. All ments of the safety zone affected by U.S. waters of the South Branch Chi- the notice. At a minimum, notices of cago River between mile marker 321.8 enforcement and notices of suspension (point at which the South Branch Chi- of enforcement will identify any af- cago River connects to the Chicago fected segments by reference to mile Sanitary and Ship Canal) and mile markers. When possible, the Captain of marker 325.6 (point at which the South the Port, Sector Lake Michigan, will Branch Chicago River connects to the also identify enforced segments of this Chicago River (Main Branch) and safety zone by referencing readily iden- North Branch Chicago River). tifiable geographical points. In addi- (4) Chicago River (Main Branch). All tion to providing the geographical U.S. waters of the Chicago River (Main bounds of any enforced segment of this Branch) between mile marker 325.6 safety zone, notices of enforcement (point at which the Chicago River con- will also provide the date(s) and nects to the South Branch Chicago time(s) at which enforcement will com- River) and 100 yards extending past the mence or suspend. end of the Chicago River covering the (3) The Captain of the Port, Sector area of the Federal channel within Chi- Lake Michigan, will publish notices of cago Harbor. enforcement and notices of suspension (5) North Branch Chicago River. All of enforcement in accordance with 33 U.S. waters of the North Branch Chi- CFR 165.7(a) and in a manner that pro- cago River between mile marker 325.6 vides as much notice to the public as (point at which the North Branch Chi- possible. The primary method of notifi- cago River connects to the Chicago cation will be through publication in River (Main Branch) and the South the FEDERAL REGISTER. The Captain of Branch Chicago River) and mile mark- the Port, Sector Lake Michigan, will er 331.4 (end of navigation channel). also provide notice through other (6) Calumet-Saganashkee Channel. All means, such as Broadcast Notice to U.S. waters of the Calumet- Mariners, local Notice to Mariners, Saganashkee Channel between mile local news media, distribution in leaf- marker 303.5 (point at which the Cal- let form, and on-scene oral notice. Ad- umet-Saganashkee Channel connects ditionally, the Captain of the Port, to the Chicago Sanitary and Ship Sector Lake Michigan, may notify rep- Canal) and mile marker 333.0; all U.S. resentatives from the maritime indus- waters of the Calumet-Saganashkee try through telephonic and email noti- Channel between mile marker 333.0 and fications. Lake Michigan (Calumet Harbor). (d) Regulations. (1) In accordance with (b) Effective period. This rule is effec- the general regulations in § 165.23 of tive July 18, 2011. this part, entry into, transiting, moor- (c) Enforcement. (1) The Captain of ing, laying up, or anchoring within any the Port, Sector Lake Michigan, may enforced segment of the safety zone is enforce this safety zone in whole, in prohibited unless authorized by the segments, or by any combination of Captain of the Port, Sector Lake

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Michigan, or his or her designated rep- 087°36′23.2″ W; then north to 41°53′26.5″ resentative. N, 087°36′24.6″ W then east back to the (2) The ‘‘designated representative’’ point of origin (NAD 83). of the Captain of the Port, Sector Lake (b) Definitions. The following defini- Michigan, is any Coast Guard commis- tions apply to this section: sioned, warrant or petty officer who (1) Designated representative means has been designated by the Captain of any Coast Guard Commissioned, war- the Port, Sector Lake Michigan, to act rant, or petty officer designated by the on his or her behalf. The designated Captain of the Port, Lake Michigan to representative of the Captain of the monitor a safety zone, permit entry Port, Sector Lake Michigan, will be into the zone, give legally enforceable aboard a Coast Guard, Coast Guard orders to persons or vessels within the Auxiliary, or other designated vessel or zone, and take other actions authorized will be on shore and will communicate by the Captain of the Port. with vessels via VHF radio, loudhailer, or by phone. The Captain of the Port, (2) Public vessel means vessels owned, Sector Lake Michigan, or his or her chartered, or operated by the United designated representative may be con- States, or by a State or political sub- tacted via VHF radio Channel 16 or the division thereof. Coast Guard Sector Lake Michigan (c) Regulations. (1) In accordance with Command Center at 414–747–7182. the general regulations in 33 CFR (3) To obtain permission to enter or 165.23, entry into, transiting, or an- operate within an enforced segment of choring within this safety zone is pro- the safety zone established by this sec- hibited unless authorized by the Cap- tion, Vessel operators must contact the tain of the Port, Lake Michigan, or his Captain of the Port, Sector Lake designated representative. Michigan, or his or her designated rep- (2) This safety zone is closed to all resentative. Vessel operators given per- vessel traffic, excepted as may be per- mission to operate in an enforced seg- mitted by the Captain of the Port, ment of the safety zone must comply Lake Michigan or his designated rep- with all directions given to them by resentative. All persons and vessels the Captain of the Port, Sector Lake must comply with the instructions of Michigan, or his or her designated rep- the Coast Guard Captain of the Port or resentative. his designated representative. Upon (4) When a segment of the safety zone being hailed by the U.S. Coast Guard is being enforced, it will be closed to by siren, radio, flashing light or other all vessel traffic, except as may be per- means, the operator of a vessel shall mitted by the Captain of the Port, Sec- proceed as directed. tor Lake Michigan, or his or her des- (3) All vessels must obtain permis- ignated representative. As soon as op- sion from the Captain of the Port or erations permit, the Captain of the his designated representative to enter, Port, Sector Lake Michigan, will issue move within, or exit the safety zone es- a notice of suspension of enforcement tablished in this section when this as specified in paragraph (c) of this sec- safety zone is enforced. Vessels and tion. persons granted permission to enter (5) All persons entering any enforced the safety zone must obey all lawful or- segment of the safety zone established ders or directions of the Captain of the in this section are advised that they do Port or a designated representative. so at their own risk. (d) Notice of enforcement or suspension [USCG–2011–0228, 76 FR 35109, June 16, 2011] of enforcement. The safety zone estab- lished by this section will be enforced § 165.931 Safety Zone, Chicago Harbor, only upon notice of the Captain of the Navy Pier Southeast, Chicago, IL. Port. The Captain of the Port will (a) Location. The following area is a cause notice of enforcement of the safety zone: The waters of Lake Michi- safety zone established by this section gan within Chicago Harbor bounded by to be made by all appropriate means to coordinates beginning at 41°53′26.5″ N, the affected segments of the public in- 087°35′26.5″ W; then south to 41°53′7.6″ N, cluding publication in the FEDERAL 087°35′26.3″ W; then west to 41°53′7.6″ N, REGISTER as practicable, in accordance

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with 33 CFR 165.7(a). Such means of no- Michigan or a designated representa- tification may also include, but are not tive to enter, move within or exit the limited to Broadcast Notice to Mari- safety zone established in this section ners or Local Notice to Mariners. when this safety zone is enforced. Ves- (e) Exemption. Public vessels, as de- sels and persons granted permission to fined in paragraph (b) of this section, enter the safety zone shall obey all are exempt from the requirements in lawful orders or directions of the Cap- this section. tain of the Port Lake Michigan or a (f) Waiver. For any vessel, the Cap- designated representative. While with- tain of the Port Lake Michigan or 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 condi- (d) Notice of Enforcement or Suspension tions or other circumstances are such of Enforcement. The safety zone estab- that application of this section is un- lished by this section will be enforced necessary or impractical for the pur- only upon notice of the Captain of the poses of public or environmental safe- Port. The Captain of the Port Lake ty. Michigan will cause notice of enforce- ment of the safety zone established by [USCG–2013–0320, 78 FR 42867, July 18, 2013] this section to be made by all appro- § 165.933 Safety Zone, Chicago Harbor, priate means to the affected segments Navy Pier East, Chicago, IL. of the public including publication in (a) Location. The following area is a the FEDERAL REGISTER as practicable, safety zone: The waters of Lake Michi- in accordance with 33 CFR 165.7(a). gan within Chicago Harbor between the Such means of notification may also east end of Navy Pier and the Chicago include, but are not limited to Broad- Harbor breakwater beginning at cast Notice to Mariners or Local No- tice to Mariners. The Captain of the 41°53′37″ N, 087°35′26″ W; then south to Port Lake Michigan will issue a Broad- 41°53′24″ N, 087°35′26″ W; then east to cast Notice to Mariners notifying the 41°53′24″ N, 087°35′55″ W; then north to public when enforcement of the safety 41°53′37″ N, 087°35′55″ W; then back to zone established by this section is sus- the point of origin. pended. (b) Definitions. The following defini- (e) Exemption. Public vessels as de- tions apply to this section: fined in paragraph (b) of this section (1) Designated representative means are exempt from the requirements in any Coast Guard commissioned, war- this section. rant, or petty officer designated by the (f) Wavier. For any vessel, the Cap- Captain of the Port Lake Michigan to tain of the Port Lake Michigan or a monitor this safety zone, permit entry designated representative may waive into this zone, give legally enforceable any of the requirements of this section, orders to persons or vessels within this upon finding that operational condi- zones and take other actions author- tions or other circumstances are such ized by the Captain of the Port. that application of this section is un- (2) Public vessel means vessels owned, necessary or impractical for the pur- chartered, or operated by the United poses of safety or environmental safe- States, or by a State or political sub- ty. division thereof. (c) Regulations. (1) The general regu- [CGD09–07–007, 72 FR 32525, June 13, 2007] lations in 33 CFR 165.23 apply. (2) All persons and vessels must com- § 165.935 Safety Zone, Milwaukee Har- ply with the instructions of the Coast bor, Milwaukee, WI. Guard Captain of the Port Lake Michi- (a) Location. The following area is a gan or a designated representative. safety zone: the waters of Lake Michi- Upon being hailed by the U.S. Coast gan within Milwaukee Harbor includ- Guard by siren, radio, flashing light or ing the Harbor Island Lagoon enclosed other means, the operator of a vessel by a line connecting the following shall proceed as directed. points: beginning at 43°02′00″ N, (3) All vessels must obtain permis- 087°53′53″ W; then south to 43°01′44″ N, sion from the Captain of the Port Lake 087°53′53″ W; then east to 43°01′44″ N,

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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 sub- division thereof. [CGD09–07–008, 72 FR 32523, June 13, 2007] (c) Regulations. (1) The general regu- lations in 33 CFR 165.23 apply. § 165.939 Safety Zones; Annual Events (2) All persons and vessels must com- in the Captain of the Port Buffalo ply with the instructions of the Coast Zone. Guard Captain of the Port or a des- (a) Safety Zones. The following are ignated representative. Upon being designated as safety zones. The en- hailed by the U.S. Coast Guard by forcement dates and times for each of siren, radio, flashing light or other the safety zones listed in this section means, the operator of a vessel shall are subject to change, but the duration proceed as directed. of enforcement would remain the same (3) All vessels must obtain permis- or nearly the same as the total number sion from the Captain of the Port or a of hours as published. In the event of a designated representative to enter, change, the Captain of the Port Sector move within or exit the safety zone es- Buffalo will provide notice to the pub- tablished in this section when this lic by publishing a Notice of Enforce- safety zone is enforced. Vessels and ment in the FEDERAL REGISTER, as well persons granted permission to enter as, issuing a Broadcast Notice to Mari- the safety zone shall obey all lawful or- ners. ders or directions of the Captain of the (1) Boldt Castle 4th of July Fireworks, Port or a designated representative. Heart Island, NY. (i) Location. All U.S. While within a safety zone, all vessels waters of the Saint Lawrence River shall operate at the minimum speed within a 1,120 foot radius of land posi- necessary to maintain a safe course. tion 44°20′38.5″ N, 075°55′19.1″ W (NAD 83) (d) Notice of Enforcement or Suspension at Heart Island, NY. of Enforcement. The safety zone estab- lished by this section will be enforced (ii) Enforcement period. July 4 from only upon notice of the Captain of the 8:30 p.m. to 10:30 p.m. each year. Port. The Captain of the Port will (2) Clayton Chamber of Commerce Fire- cause notice of enforcement of the works, Calumet Island, NY. (i) Location. safety zone established by this section All U.S. waters of the Saint Lawrence to be made by all appropriate means to River within an 840 foot radius of land the affected segments of the public in- position 44°15′04″ N, 076°05′40″ W (NAD cluding publication in the FEDERAL 83) at Calumet Island, NY. REGISTER as practicable, in accordance (ii) Enforcement period. July 3 from 9 with 33 CFR 165.7(a). Such means of no- p.m. to 11:30 p.m. of each year. tification may also include, but are not (3) French Festival Fireworks, Cape limited to Broadcast Notice to Mari- Vincent, NY. (i) Location. All U.S. ners or Local Notice to Mariners. The waters of the Saint Lawrence River Captain of the Port will issue a Broad- within an 840 foot radius of land posi- cast Notice to Mariners notifying the tion 44°07′54.6″ N, 076°20′01.3″ W (NAD 83) public when enforcement of the safety in Cape Vincent, NY.

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(ii) Enforcement period. The second (ii) Enforcement period. The first weekend of July from 9:15 p.m. to 11 weekend of July from 9:30 p.m. to 11 p.m. each year. p.m. 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 period. The fourth (ii) Enforcement period. The second weekend of July from 8:30 p.m. to 11 weekend of July from 9 p.m. to 10:30 p.m. each year. p.m. 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 period. July 4 from (ii) Enforcement period. The last week- 8:30 p.m. to 10:30 p.m. each year. end of June from 9:30 p.m. to 10:30 p.m. (6) Can-Am Festival, Sackets Harbor, each year. NY. (i) Location. All U.S. waters of (13) Tom Graves Memorial Fireworks, Black River Bay within a 1,120 foot ra- Port Bay, NY. (i) Location. All U.S. dius of position 43°57′15.9″ N, 076°06′39.2″ waters of Port Bay within an 840 foot ° ′ ″ W (NAD 83) in Sackets Harbor, NY. radius of barge position 43 18 14.8 N, 076°50′17.3″ W (NAD 83) in Port Bay, NY. (ii) Enforcement period. The third (ii) Enforcement period. July 3 from 9 weekend of July from 9 p.m. to 10:45 p.m. to 10:30 p.m. of each year. p.m. each year. (14) Village Fireworks, Sodus Point, NY. (7) Oswego Harborfest, Oswego, NY. (i) (i) Location. All U.S. waters of Sodus Location. All U.S. waters of Lake On- Bay within a 1,120 foot radius of land tario within a 1,000 foot radius of posi- ° ′ ″ ° ′ ″ ° ′ ″ ° ′ ″ position 43 16 28.7 N, 076 58 27.5 W tion 43 28 10 N, 076 31 04 W (NAD 83) in (NAD 83) in Sodus Point, NY. Oswego, NY. (ii) Enforcement period. July 3 from (ii) Enforcement period. The last Sat- 9:30 p.m. to 10:30 p.m. each year. urday of July from 9 to 10:30 p.m. each (15) Rochester Harbor and Carousel Fes- year. tival, Rochester, NY. (i) Location. All (8) Brewerton Fireworks, Brewerton, U.S. waters of Lake Ontario within a NY. (i) Location. All U.S. waters of 1,120 foot radius of land position Lake Oneida within an 840 foot radius 43°15′40.2″ N, 077°36′05.1″ W (NAD 83) in of barge position 43°14′16.4″ N, Rochester, NY. 076°08′03.6″ W (NAD 83) in Brewerton, (ii) Enforcement period. The fourth NY. Monday of June from 8 p.m. to 10 p.m. (ii) Enforcement period. July 3 from 9 each year. p.m. to 10:30 p.m. each year. (16) A Salute to our Heroes, Hamlin (9) Celebrate Baldwinsville Fireworks, Beach State Park, NY. (i) Location. All Baldwinsville, NY. (i) Location. All U.S. U.S. waters of Lake Ontario within a waters of the Seneca River within a 700 560 foot radius of land position foot radius of land position 43°09′24.9″ 43°21′51.9″ N, 077°56′59.6″ W (NAD 83) in N, 076°20′18.9″ W (NAD 83) in Hamlin, NY. Baldwinsville, NY. (ii) Enforcement period. The first (ii) Enforcement period. The first weekend of July from 9:45 p.m. to 11:30 weekend of July from 9 p.m. to 11 p.m. p.m. each year. each year. (17) Olcott Fireworks, Olcott, NY. (i) (10) Island Festival Fireworks, Location. All U.S. waters of Lake On- Baldwinsville, NY. (i) Location. All U.S. tario within a 1,120 foot radius of land waters of the Seneca River within a position 43°20′23.6″ N, 078°43′09.5″ W 1,120 foot radius of land position (NAD 83) in Olcott, NY. 43°09′22″ N, 076°20′15″ W (NAD 83) in (ii) Enforcement period. July 3 from Baldwinsville, NY. 9:30 p.m. to 11 p.m. of each year.

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(18) North Tonawanda Fireworks, North 41°31′10.6″ N, 081°41′53.0″ W; then south- Tonawanda, NY. (i) Location. All U.S. west to 41°30′48.6″ N, 081°42′30.9″ W (the waters of the East Niagara River with- northwest corner of dock 28 at the in a 1,400 foot radius of land position Cleveland Port Authority) then north- 43°01′39.6″ N, 078°53′07.5″ W (NAD 83) in east back to the starting point at North Tonawanda, NY. 41°30′49.4″ N, 081°41′37.2″ W (NAD 83). (ii) Enforcement period. July 4 from (ii) Enforcement period. On a Sunday 8:45 p.m. to 10:15 p.m. of each year. during the second or third Cleveland (19) Tonawanda’s Canal Fest Fire- Browns home game each year. The Cap- works, Tonawanda, NY. (i) Location. All tain of the Port will issue a Notice of U.S. waters of the East Niagara River Enforcement each year for this Browns within a 210 foot radius of land position Football Halftime Fireworks’ safety 43°01′17.8″ N, 078°52′40.9″ W (NAD 83) in zone. Tonawanda, NY. (25) City of Cleveland 4th of July, Cleve- (ii) Enforcement period. The fourth land, OH. (i) Location. All U.S. waters Sunday of July from 9 p.m. to 10:30 of Lake Erie and Cleveland Harbor p.m. 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 period. July 4 from land position 42°08′19″ N, 080°05′29″ W 9:30 p.m. to 11 p.m. each year. (NAD 83) in Erie, PA. (26) Cleveland Yachting Club Fireworks (ii) Enforcement period. The third Display, Rocky River, OH. (i) Location. weekend of August from 9:45 p.m. to All U.S. waters of the Rocky River and 10:30 p.m. each year. Lake Erie within a 560 foot radius of (21) Conneaut Fourth of July Fire- land position 41°29′25.7″ N, 081°50′18.5″ W works, Conneaut, OH. (i) Location. All (NAD 83), at Sunset Point on the west- U.S. waters of Lake Erie within an 840 ern side of the mouth of the Rocky foot radius of position 41°58′01.3″ N, River in Cleveland, OH. 080°33′39.5″ W (NAD 83) in Erie, PA. (ii) Enforcement period. The second (ii) Enforcement period. The first Sun- Thursday of July from 9:15 p.m. to 11 day of July from 9 p.m. to 11:30 p.m. p.m. each year. each year. (27) Sheffield Lake Fireworks, Sheffield (22) Fairport Harbor Mardi Gras, Lake, OH. (i) Location. All U.S. waters Fairport, OH. (i) Location. All U.S. of Lake Erie within a 700 foot radius of waters of Lake Erie within a 350 foot land position 41°29′26.2″ N, 082°06′47.7″ W radius of land position 41°45′30″ N, (NAD 83), at the lake front area in 081°16′18″ W (NAD 83) east of the harbor Sheffield Lake, OH. entrance at Fairport Harbor Beach, (ii) Enforcement period. The second OH. Friday of July from 9:30 p.m. to 11 p.m. (ii) Enforcement period. The beginning each year. of the second week of July from 9 p.m. (28) Lorain 4th of July Celebration Fire- to 10:30 p.m. each year. works, Lorain, OH. (i) Location. All U.S. (23) Mentor Harbor Yacht Club Fire- waters of Lorain Harbor within a 1,400 works, Mentor Harbor, OH. (i) Location. foot radius of land position 41°28′35.5″ All U.S. waters of Lake Erie and Men- N, 082°10′51.3″ W (NAD 83), east of the tor Harbor within a 700 foot radius of harbor entrance on the end of the land position 41°43′36″ N, 081°21′09″ W break wall near Spitzer’s Marina. (NAD 83) in Mentor Harbor, OH. (ii) Enforcement period. July 4 from (ii) Enforcement period. July 3 from 9 9:15 p.m. to 11 p.m. each year. p.m. to 10:30 p.m. each year. (29) Lorain Port Fest Fireworks Dis- (24) Browns Football Halftime Fire- play, Lorain, OH. (i) Location. All U.S. works, Cleveland, OH. (i) Location. All waters of Lorain Harbor within a 750 U.S. waters of Cleveland Harbor and foot radius of land position 41°28′02.4″ Lake Erie encompassed by a line begin- N, 082°10′21.9″ W (NAD 83) in Lorain, ning at approximate land position OH. 41°30′49.4″ N, 081°41′37.2″ W (the north- (ii) Enforcement period. The third west corner of Burke Lakefront Air- weekend of July from 9:45 p.m. to 11 port); continuing northwest to p.m. each year.

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(30) Thunder of the Niagara Hydro- line originating near Burke Lakefront plane boat races, North Tonawanda, NY. Airport from position 41°30′20″ N and (i) Location. All U.S. waters of Niagara 081°42′20″ W to 41°30′50″ N and 081°42′49″ River, near North Tonawanda, NY W, to 41°32′09″ N and 081°39′49″ W, to within 2 miles of the North Grand Is- 41°31′53″ N and 081°39′24″ W, then return land Bridge, encompassed by a line to the original position (NAD 83). starting at 43°03′32.95″ N, 078°54′46.93″ W (ii) Enforcement period. On the Friday to 43°03′14.55″ N, 078°55′15.97″ W then to before Labor Day through the Wednes- 43°02′39.72″ N, 078°54′13.05″ W then to day following Labor Day with max- 43°02′59.99″ N, 078°53′41.99″ W and return- imum daily times from 8 a.m. to 6 p.m. ing to the point of origin (NAD 83). The daily time period will be reduced (ii) Enforcement period. The second of as operations permit. weekend of August from 9 a.m. to 5 (b) Definitions. The following defini- p.m. each year. tions apply to this section: (31) Antique Boat Show Hydroplane (1) On-scene Representative means any boat races, Grand Island, NY. (i) Loca- Coast Guard commissioned, warrant, or tion. All waters of Niagara River, petty officer designated by the Captain Grand Island, NY encompassed by a ° ′ ″ of the Port Buffalo to monitor a safety line starting at position 42 59 59 N, zone, permit entry into the zone, give 078°56′22″ W, East to 49°59′54″ N,078°56′14″ legally enforceable orders to persons or W, South to 42°57′54″ N, 078°56′04″ W, vessels within the zones, and take West to 42°057′48″ N, 078°56′22″ W and re- other actions authorized by the Cap- turning to the point of origin (NAD 83) tain of the Port. (ii) Enforcement period. The first weekend of September from 9 a.m. to 4 (2) Public vessel means vessels owned, p.m. each year. chartered, or operated by the United (32) D-Day Conneaut Air Show, States, or by a State or political sub- Conneaut, OH. (i) Location. All U.S. division thereof. waters of Conneaut Township Park, (c) Regulations. In accordance with Lake Erie, Conneaut, OH encompassed the general regulations in § 165.23, by a line starting at 41°57.71′ N, entry into, transiting, or anchoring 080°34.18′ W; to 41°58.36′N, 080°34.17′ W; within is the aforementioned safety then to 41°58.53′ N, 080°33.55′ W; to zones are prohibited unless authorized 41°58.03′ N, 080°33.72′W; and returning to by the Captain of the Port Buffalo or the point of origin. (NAD 83). his designated on-scene representative. (ii) Enforcement period. The third (1) The safety zones described in weekend of August from 1:45 p.m. to paragraph (a) of this section are closed 5:30 p.m. each year. to all vessel traffic, except as may be (33) Bay Swim, Erie, PA. (i) Location. permitted by the Captain of the Port All U.S. waters of Presque Isle Bay, Buffalo or his designated on-scene rep- Erie, PA within a 1000 feet of a line resentative. starting at Vista 3 in Presque Isle (2) Vessel operators desiring to enter State Park at position 42°07′29.30″ N, or operate within the safety zones de- 80°08′48.82″ W and ending at to the Erie scribed in paragraph (a) of this section Yacht Club at position 42°07′21.74″ N, must contact the Captain of the Port 80°07′58.30″ W (NAD 83). Buffalo or his on-scene representative (ii) Enforcement period. The third to obtain permission to do so. The Cap- week in June each year. tain of the Port Buffalo or his on-scene (34) Rover Fest fireworks display, Cleve- representative may be contacted via land, OH. (i) Location. All U.S. waters VHF Channel 16. Vessel operators given of Lake Erie, Cleveland, OH within a permission to enter or operate in a 280 foot radius from position 41°30′34.23″ safety zone must comply with all direc- N and 081°41′ 55.73″ W (NAD 83). tions given to them by the Captain of (ii) Enforcement period. The second or the Port Buffalo, or his on-scene rep- third weekend of July each year. resentative. (35) Cleveland National Air show, (d) Exemption. Public vessels, as de- Cleveland, OH. (i) Location. The safety fined in paragraph (c) of this section, zone encompass the portion of Lake are exempt from the requirements in Erie and Cleveland Harbor within a this section.

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(e) Waiver. For any vessel, the Cap- (2) Washington Township tain of the Port Buffalo or his des- Summerfest Fireworks, Toledo, OH: ignated representative may waive any (i) Location: All waters of the Ottawa of the requirements of this section, River within a 600-foot radius of the upon finding that operational condi- fireworks launch site located at posi- tions or other circumstances are such tion 41°43′29″ N, 083°28′47″ W (NAD 83). that application of this section is un- This area is located at the Fred C. necessary or impractical for the pur- Young Bridge, Toledo, OH. poses of public or environmental safe- (ii) Expected date: One evening during ty. the last week in June or the first week (f) Notification. The Captain of the in July. The exact dates and times for Port Buffalo will notify the public that this event will be determined annually. the safety zones in this section are or (3) Au Gres City Fireworks, Au Gres, will be enforced by all appropriate MI: means to the affected segments of the (i) Location: All waters of Saginaw public through publication in the FED- Bay within a 700-foot radius of the fire- ERAL REGISTER as practicable, in ac- works launch site located at position cordance with 33 CFR 165.7(a). Addi- 44°1.4′ N, 083°40.4′ W (NAD 83). This area tionally, the enforcement dates and is located at the end of the pier near times for each of the safety zones listed the end of Riverside Drive in Au Gres, above are subject to change, though MI. the duration of enforcement would re- (ii) Expected date: One evening during main the same or nearly the same total the last week in June or the first week number of hours as stated above. In ei- in July. The exact dates and times for ther event, whether the safety zones this event will be determined annually. occur at the dates and times as stated (4) The Old Club Fireworks, Harsens above, or whether the date or time of a Island, MI: safety zone changes, the Captain of the (i) Location: All waters of Lake St. Port Buffalo will similarly make such Clair within an 850-foot radius of the notification as described in this para- fireworks launch site located at posi- graph (f). Such means of further notifi- tion 42°32.4′ N, 082°40.1′ W (NAD 83). cation may also include, but are not This area is located near the southern limited to Broadcast Notice to Mari- end of Harsens Island, MI. ners or Local Notice to Mariners. The (ii) Expected date: One evening during Captain of the Port will issue a Broad- the last week of June or the first week cast Notice to Mariners notifying the of July. The exact dates and times for public when enforcement of the safety this event will be determined annually. zone is cancelled. (5) Put-In-Bay Fourth of July Fire- [USCG–2014–0081, 79 FR 36407, June 27, 2014] works, Put-In-Bay, OH: (i) Location: All waters of Lake Erie § 165.941 Safety Zones; Annual Events within a 1000-foot radius of the fire- in the Captain of the Port Detroit works launch site located at position Zone. 41°39.7′ N, 082°48.0′ W (NAD 83). This (a) Safety Zones. The following areas area is located in Put-In-Bay Harbor. are designated Safety zones: (1) (ii) Expected date: One evening during Roostertail Fireworks (barge), Detroit, the first week of July. The exact dates MI: and times for this event will be deter- (i) Location: All waters of the Detroit mined annually. River within a 300-foot radius of the (6) Gatzeros Fireworks, Grosse fireworks launch site located at posi- Pointe Park, MI: tion 42°21′16.67″ N, 082°58′20.41″ W. (NAD (i) Location: All waters of Lake St. 83). This area is located between De- Clair within a 300-foot radius of the troit and Belle Isle near the fireworks launch site located at posi- Roostertail restaurant. tion 42°22.6′ N, 082°54.8′ W (NAD 83). (ii) Expected date: One evening during This area is located near Grosse Pointe the third week in July. The exact dates Park, MI. and times for this event will be deter- (ii) Expected date: One evening during mined annually. the first week in July. The exact dates

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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 (i) Location: All waters of Lake Huron dates and times for this event will be within a 450-foot radius of the fire- determined annually. works launch site located at position (12) Detroit International Jazz Fes- 44°39.7′ N, 083°17.0′ W (NAD 83). This tival Fireworks, Detroit, MI: area is located at the end of the break (i) Location: All waters of the Detroit wall at the Harrisville harbor in Har- River within a 560-foot radius of the risville, MI. fireworks launch site located at posi- (ii) Expected date: One evening during tion 42°19.6′ N, 83°2.6′ W (NAD 83). This the first week in July. The exact dates area is located in the Detroit River be- and times for this event will be deter- tween Cobo Hall and the GM Head- mined annually. quarters in Detroit, MI. (8) Harbor Beach Fireworks, Harbor (ii) Expected date: One evening during Beach, MI: the last week in August or the first (i) Location: All waters of Lake Huron week in September. The exact dates within a 700-foot radius of the fire- and times for this event will be deter- works launch site located at position mined annually. ° ′ ° ′ 43 50.8 N, 082 38.6 W (NAD 83). This (13) Marine City Maritime Festival area is located at the end of the rail- Fireworks, Marine City, MI: road pier east of the end of State (i) Location: All waters of the St. Street in Harbor Beach, MI. Clair River within an 840-foot radius of (ii) Expected date: One evening during the fireworks launch site located at po- the second week in July. The exact sition 42°42.9′ N, 082°29.1′ W (NAD 83). dates and times for this event will be This area is located east of Marine determined annually. City. (9) Trenton Rotary Roar on the River (ii) Expected date: One evening during Fireworks, Trenton, MI: the third week in September. The exact (i) Location: All waters of the Detroit dates and times for this event will be River within a 420-foot radius of the determined annually. fireworks launch site located at posi- tion 42°7.8′ N, 083°10.4 ′ W (NAD 83). This (14) Schoenith Family Foundation area is located between Grosse Ile and Fireworks, Detroit, MI: Elizabeth Park in Trenton, MI. (i) Location: All waters of the Detroit (ii) Expected date: One evening during River, within a 210-foot radius of the the third week in July. The exact dates fireworks launch site located at posi- and times for this event will be deter- tion 42°21.2′ N, 82°58.4′ W. (NAD 83). This mined annually. area is located between Detroit and (10) Nautical Mile Venetian Festival Belle Isle. Fireworks, St. Clair Shores, MI: (ii) Expected date: One evening during (i) Location: All waters of Lake St. the third week in September. The exact Clair within a 210-foot radius of the dates and times for this event will be fireworks launch site located at posi- determined annually. tion 42°28.2′ N, 082°52.5′ W (NAD 83). (15) Toledo Country Club Memorial This area is located near Jefferson Celebration and Fireworks, Toledo, OH: Beach Marina in St. Clair Shores, MI. (i) Location: All waters of the (ii) Expected date: One evening during Maumee River, within a 250-yard radius the second week in August. The exact of the fireworks launch site located on dates and times for this event will be shore at position 41°35′12.58″ N, determined annually. 83°36′16.58″ W. (NAD 83). This area is lo- (11) Cheeseburger Festival Fireworks, cated at the Toledo Country Club’s Caseville, MI: 18th Green and encompasses the fire- (i) Location: All waters of Lake Huron works launch site. within a 300-foot radius of the fire- (ii) Expected date: One evening during works launch site located at position the last week in May. The exact dates 43°56.9′ N, 083°17.2′ W (NAD 83). This and times for this event will be deter- area is located near the break wall lo- mined annually.

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(16) Luna Pier Fireworks Show, Luna (ii) Expected date: One evening during Pier, MI: the first week in July. The exact dates (i) Location: All waters of Lake Erie, and times for this event will be deter- within a 300-yard radius of the fire- mined annually. works launch site located at position (21) Catawba Island Club Fireworks, 41°48′32″ N, 83°26′23″ W. (NAD 83). This Catawba Island, OH: area is located at the Clyde E. Evens (i) Location: All waters of Lake Erie, Municipal 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 July. The exact dates 41°34′20″ N, 82°51′18″ W. (NAD 83). This and times for this event will be deter- position is located at the northwest mined annually. end of the Catawba Cliffs Harbor Light (17) Toledo Country Club 4th of July Pier. Fireworks, Toledo, OH: (ii) Expected date: One evening during (i) Location: All waters of the the first week in July. The exact dates Maumee River, within a 250-yard radius and times for this event will be deter- of the fireworks launch site located on mined annually. shore at position 41°35′12.58″ N, (22) Red, White and Blues Bang Fire- 83°36′16.58″ W. (NAD 83). This area is lo- works, Huron, OH: cated at the Toledo Country Club’s (i) Location: All waters of the Huron 18th Green and encompasses the fire- River, within a 300-yard radius of the works launch site. fireworks launch site located at posi- (ii) Expected date: One evening during tion 41°23′29″ N, 82°32′55″ W. (NAD 83). the first week in July. The exact dates This position is located at the Huron and times for this event will be deter- Ore Docks in Huron, OH. mined annually. (ii) Expected date: One evening during (18) Pharm Lights Up The Night Fire- the first week in July. The exact dates works, Toledo, OH: and times for this event will be deter- (i) Location: All waters of the mined annually. Maumee River, within a 300-yard radius (23) Huron Riverfest Fireworks, of the fireworks launch site located at Huron, OH: position 41°38′35″ N, 83°31′54″ W. (NAD (i) Location: All waters of Huron Har- 83). This position is located at the bow bor, within a 350-foot radius of the fire- of the museum ship SS WILLIS B. works launch site located at the Huron BOYER. Ore Docks at position 41°23′38″ N, (ii) Expected date: One day evening 82°32′59″ W. (NAD 83). during the first or second weeks in (ii) Expected date: One evening during July. The exact dates and times for the second week in July. The exact this event will be determined annually. dates and times for this event will be (19) Perrysburg/Maumee 4th of July determined annually. Fireworks, Perrysburg, OH: (24) Kelleys Island, Island Fest Fire- (i) Location: All waters of the works, Kelleys Island, OH: Maumee River, within an 850-foot ra- (i) Location: All waters of Lake Erie, dius of the fireworks launch site lo- within a 300-yard radius of the fire- cated at position 41°33′27″ N, 83°38′59″ W. works launch site located at position (NAD 83). This position is located at 41°35′43″ N, 82°43′30″ W. (NAD 83). This the Perrysburg/Maumee Hwy 20 Bridge. position is located at the old Neuman (ii) Expected date: One evening during Boat Line Dock. the first week in July. The exact dates (ii) Expected date: One evening during and times for this event will be deter- the third or fourth weeks in July. The mined annually. exact dates and times for this event (20) Lakeside July 4th Fireworks, will be determined annually. Lakeside, OH: (25) Riverfest at the International (i) Location: All waters of Lake Erie, Docks, Toledo, OH: within a 560-foot radius of the fire- (i) Location: All waters of the works launch site located at position Maumee River, extending from the bow 41°32′52″ N, 82°45′03″ W. (NAD 83). This of the museum ship SS WILLIS B. position is located at the Lakeside As- BOYER (41°38′35″ N, 83°31′54″ W), then sociation Dock. north/north-east to the south end of

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the City of Toledo Street (41°38′51″ N, (30) Lake Erie Metropark Fireworks, 83°31′50″ W), then south-west to the red Gibraltar, MI: nun buoy #64 (41°38′48″ N, 83°31′58″), (i) Location: All waters of Lake Erie, then south/south-east back to the point off Lake Erie Metro Park, within a 300- of origin at the bow of the museum yard radius of the fireworks launch site ship SS WILLIS B. BOYER. (NAD 83). located at position 42°03′ N, 083°11′W (ii) Expected date: One evening during (NAD 83). This position is located off the first week in September. The exact the Brownstown Wave pool area. dates and times for this event will be (ii) Expected date: One evening during determined annually. the first week in July. The exact dates (26) Rossford Labor Day Fireworks, and times for this event will be deter- Rossford, OH: mined annually. (i) Location: All waters of the (31) City of St. Clair Fireworks, St. Maumee River, within a 350-yard radius Clair, MI: of the fireworks launch site located at (i) Location: All waters off the St. position 41°36′58″ N, 83°33′56″ W. (NAD Clair River near St. Clair City Park, 83). This position is located at Veterans within a 300-yard radius of the fire- Memorial Park. works launch site located at position (ii) Expected date: One evening during 42°49′ N, 082°29′ W (NAD 83). the first week in September. The exact (ii) Expected date: One evening during dates and times for this event will be the first week in July. The exact dates determined annually. and times for this event will be deter- (27) Lakeside Labor Day Fireworks, mined annually. Lakeside, OH: (32) Oscoda Township Fireworks, (i) Location: All waters of Lake Erie, Oscoda, MI: within a 560-foot radius of the fire- (i) Location: All waters of Lake works launch site located at position Huron, off the DNR Boat Launch near 41°32′52″ N, 82°45′03″ W. (NAD 83). This the mouth of the Au Sable River with- position is located at the Lakeside As- in a 300-yard radius of the fireworks sociation Dock. launch site located at position 44°19′ N, (ii) Expected date: One evening during 083°25′ W (NAD 83). the first week in September. The exact (ii) Expected date: One evening during dates and times for this event will be the first week in July. The exact dates determined annually. and times for this event will be deter- (28) Catawba Island Club Fireworks, mined annually. Catawba Island, OH: (33) Port Austin Fireworks, Port Aus- (i) Location: All waters of Lake Erie, tin, MI: within a 300-yard radius of the fire- (i) Location: All waters of Lake works launch site located at position Huron, off the Port Austin break wall 41°34′20″ N, 82°51′18″ W. (NAD 83). This within a 300-yard radius of the fire- position is located at the northwest works launch site located at position end of the Catawba Cliffs Harbor Light 42°03′ N, 082°40′ W. (NAD 83). 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 September. The exact and times for this event will be deter- dates and times for this event will be mined annually. determined annually. (34) City of Wyandotte Fireworks, (29) Bay-Rama Fishfly Festival Fire- Wyandotte, MI: works, New Baltimore, MI: (i) Location: All waters of the Detroit (i) Location: All waters of Lake St. River, off the break wall between Oak Clair-Anchor Bay, off New Baltimore and Van Alstyne St., within a 300-yard City Park, within a 300-yard radius of radius of the fireworks launch site lo- the fireworks launch site located at po- cated at position 42°12′ N, 083°09′ W. sition 42°41′ N, 082°44′ W (NAD 83). (NAD 83). (ii) Expected date: One evening during (ii) Expected date: One evening during the first week in June. 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 deter- mined annually. mined annually.

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(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 tion is located 300 yards east of Grosse fireworks barge located at position Pointe Farms, MI. 42°58′ N, 082°25′ W. (NAD 83). This posi- (ii) Expected date: One evening during tion is located 300 yards east of 223 the first week in July. The exact dates Huron Ave., Black River. and times for this event will be deter- (ii) Expected date: One evening during mined annually. the first week in July. The exact dates (36) Caseville Fireworks, Caseville, and times for this event will be deter- MI: mined annually. (i) Location: All waters of Saginaw (41) Grosse Pointe Yacht Club 4th of Bay, within a 300-yard radius of the July Fireworks, Grosse Pointe Shores, fireworks launch site located at posi- MI: ° ′ ° ′ tion 43 56.9 N, 083 17.2 W. (NAD 83). (i) Location: All waters of Lake St. This position is located off the Clair within a 300-yard radius of the Caseville break wall. fireworks barge located at position (ii) Expected date: One evening during 42°25′ N, 082°52′ W. (NAD 83). This posi- the first week in July. The exact dates tion is located 400 yards east of the and times for this event will be deter- Grosse Pointe Yacht Club seawall, mined annually. Lake St. Clair. (37) Algonac Pickerel Tournament (ii) Expected date: One evening during Fireworks, Algonac, MI: the first week in July. The exact dates (i) Location: All waters of the St. and times for this event will be deter- Clair River, within a 300-yard radius of mined annually. the fireworks barge located at position (42) Lexington Independence Festival 41°37′ N, 082°32′ W. (NAD 83). This posi- Fireworks, Lexington, MI: tion is located between Algonac and Russell Island, St. Clair River-North (i) Location: All waters of Lake Huron Channel. within a 300-yard radius of the fire- ° ′ (ii) Expected date: One evening during works barge located at position 43 13 ° ′ the first week in July. The exact dates N, 082 30 W. (NAD 83). This position is and times for this event will be deter- located 300 yards east of the Lexington mined annually. break wall, Lake Huron. (38) Port Sanilac Fireworks, Port (ii) Expected date: One evening during Sanilac, MI: the first week in July. The exact dates (i) Location: All waters of Lake Huron and times for this event will be deter- within a 300-yard radius of the fire- mined annually. works launch site located at position (43) City of Ecorse Water Festival 43°25′ N, 082°31′ W. (NAD 83). This posi- Fireworks, Ecorse, MI: tion is located at the South Harbor (i) Location: All waters of the Detroit Break wall in Port Sanilac. River within a 300-yard radius of the (ii) Expected date: One evening during fireworks barge located at position the first week in July. The exact dates 41°14′ N, 083°09′ W. (NAD 83). This posi- and times for this event will be deter- tion is located in the Ecorse Channel at mined annually. the northern end of Mud Island. (39) St. Clair Shores Fireworks, St. (ii) Expected date: One evening during Clair Shores, MI: the first week in July. The exact dates (i) Location: All waters of Lake St. and times for this event will be deter- Clair within a 300-yard radius of the mined annually. fireworks barge located at position (44) Grosse Ile Yacht Club Fireworks, 42°32′ N, 082°51′ W. (NAD 83). This posi- Grosse Ile, MI: tion is located 1000 yards east of Vet- (i) Location: All waters of the Detroit eran’s Memorial Park, St. Clair Shores. River within a 300-yard radius of the (ii) Expected date: One evening during fireworks launch site located at posi- the first week in July. The exact dates tion 42°05′ N, 083°09′ W. (NAD 83). This

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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: (i) Location: All waters of the Detroit (i) Location: The following three River within a 300-yard radius of the areas are safety zones: fireworks barge located at position (A) The first safety zone area will en- 42°09′ N, 083°10′ W. (NAD 83). This posi- compass all waters of the Detroit River tion is located 200 yards east of Tren- bounded by the arc of a circle with a ton in the Trenton Channel near Tren- 900-foot radius with its center in posi- ton, MI. tion 42°19′23″ N, 083°04′34″ W. (ii) Expected date: One evening during (B) The second safety zone area will the first week in July. The exact dates encompass a portion of the Detroit and times for this event will be deter- River bounded on the South by the mined annually. International Boundary line, on the (46) Belle Maer Harbor 4th of July West by 083°03′30″ W, on the North by Fireworks, Harrison Township, MI: the City of Detroit shoreline and on (i) Location: All waters of Lake St. the East by 083°01′15″ W. Clair within a 300-yard radius of the (C) The third safety zone will encom- fireworks barge located at position pass a portion of the Detroit River 42°36′ N, 082°47′ W. (NAD 83). This posi- bounded on the South by the Inter- tion is located 400 yards east of Belle national Boundary line, on the West by Maer Harbor, Lake St. Clair. 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 (47) Tawas City 4th of July Fire- 65 feet in length may enter this zone. works, Tawas, MI: (ii) Expected date: One evening during (i) Location: All waters of Lake Huron the last week in June. 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. 44°13′ N, 083°30′ W. (NAD 83). This posi- (51) Sigma Gamma Association Fire- tion is located off the Tawas City Pier. works, Grosse Pointe Farms, MI: (ii) Expected date: One evening during (i) Location: All waters of Lake St. the first week in July. The exact dates Clair, within a 300-yard radius of the and times for this event will be deter- fireworks launch site located at posi- mined annually. tion 42°27′ N, 082°52′ W (NAD 83) This (48) Venetian Festival Boat Parade position is located in the vicinity of and Fireworks, St. Clair Shores, MI: Ford’s Cove. (i) Location: All waters of Lake St. (ii) Expected date: One evening during Clair within a 300-yard radius of the the last week in June. The exact dates fireworks barge located at position and times for this event will be deter- 42°28′ N, 082°52′ W. (NAD 83). This posi- mined annually. tion is located 600 yards off Jefferson (52) Southside Summer Fireworks, Beach Marina, Lake St, Clair. Port Huron, MI: (ii) Expected date: One evening during (i) Location: All waters of St. Clair the second week in August. The exact River within a 300 yard radius of posi- dates and times for this event will be tion 42°57′55″ N, 082°25′20″ W. This posi- determined annually. tion is located on the shore of the St. (49) Celebrate America Fireworks, Clair River in the vicinity of Oak and Grosse Pointe Farms, MI: 3rd Street, Port Huron, MI. All geo- (i) Location: All waters of Lake St. graphic coordinates are North Amer- Clair within a 500-foot radius of the ican Datum of 1983 (NAD 83). fireworks launch site located at posi- (ii) Expected date: One evening during tion 42°22′58″ N, 082°53′46″ W. (NAD 83). the last week in June. The exact dates

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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. position 43°35.8′ N; 083°53.6′ W, south ap- (58) Bay Point Fireworks Display, proximately 1000 yards to the River Marblehead, OH: Walk Pier, located at position 43°35.3′ (i) Location. All waters of Lake Erie N; 083°53.8′ W. All geographic coordi- within a 250-yard radius of the fire- nates are North American Datum of works launch site located at position 1983 (NAD 83). 41–30′–29.23″ N, 082–43′–8.45″ W (NAD 83). (ii) Expected date: Three evenings dur- (ii) Expected date. This safety zone ing the first week in July. The exact will be enforced one evening during the dates and times for this event will be first week in July. determined annually. (59) Marysville Days Fireworks, (54) Toledo 4th of July Fireworks, To- Marysville, MI: ledo, OH: (i) Location. All waters of the St. (i) Location: All waters of the Clair River within a 600 foot radius of Maumee River within a 300-yard radius the fireworks launch site located on ′ ″ ′ ″ of the fireworks launch site located at land at position 42–54 –25 N, 082–27 –58 position 41°38′35″ N, 083°31′54″ W. All ge- W (NAD 83). ographic coordinates are North Amer- (ii) Expected date. This safety zone ican Datum of 1983 (NAD 83). will be enforced one evening during the last week in June. (ii) Expected date: One evening during (60) Revolution 3 Triathlon, Lake Erie, the first week in July. The exact dates Sandusky Bay, Cedar Point, OH— and times for this event will be deter- (i) Locations. All waters of Lake Erie mined annually. within positions 41–29′–00.04″ N 082–40′– (55) Toledo Labor Day Fireworks, To- 48.16″ W to 41–29′–19.28″ N 082–40′–38.97″ ledo, OH: W to 41–29′–02.51″ N 082–40′–20.82″ W to (i) Location: All waters of the 41–28′–45.52″ N 082–40′–35.75″ W then fol- Maumee River within a 300-yard radius lowing the shoreline to the point of ori- of the fireworks launch site located at gin. In the event that weather requires ° ′ ″ ° ′ ″ position 41 38 35 N, 083 31 54 W. All ge- triathlon organizers to change the lo- ographic coordinates are North Amer- cations of the swimming leg, the safety ican Datum of 1983 (NAD 83). zones will alternatively encompass all (ii) Expected date: One evening during waters of Lake Erie, Sandusky Bay, the first week in September. The exact Cedar Point, OH extending outward 100 dates and times for this event will be yards on either side of a line running determined annually. between 41–28′–38.59″ N 082–41′–10.51″ W (56) Catawba Island Club Fireworks; and 41–28′–17.25″ N 082–40′–54.09″ W (NAD Catawba Island, OH: 83) running adjacent to the Cedar Point (i) Location. All waters of Lake Erie Marina. within a 250-yard radius of the fire- (ii) Enforcement period: Two consecu- works launch site located at position tive mornings during the first or sec- 41–34′–18.10″ N, 082–51′–18.70″ W (NAD 83). ond weekend in September. Exact dates (ii) Expected date. This safety zone and times will be determined annually will be enforced one evening during the and the Captain of the Port will pub- last week in May. lish a Notice of Enforcement to inform (57) Put-In-Bay Chamber of Com- the public. merce Fireworks, Put-In-Bay, OH: (b) Definitions. The following defini- (i) Location. All waters of Lake Erie tions apply to this section: within a 1,000-foot radius of the fire- (1) Designated Representative means works launch site located at position any Coast Guard commissioned, war- 41–39′–19″ N, 082–48′–57″ W (NAD 83). This rant, or petty officer designated by the area is located in the Put-In-Bay Har- Captain of the Port Detroit to monitor bor. a safety zone, permit entry into the

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zone, give legally enforceable orders to will be enforced by all appropriate persons or vessels within the zones, and means to the affected segments of the take other actions authorized by the public including publication in the Captain of the Port. FEDERAL REGISTER as practicable, in (2) Public vessel means vessels accordance with 33 CFR 165.7(a). Such owned, chartered, or operated by the means of notification may also include, United States, or by a State or polit- but are not limited to Broadcast Notice ical subdivision thereof. to Mariners or Local Notice to Mari- (c) Regulations. (1) In accordance with ners. The Captain of the Port may the general regulations in § 165.23 of issue a Broadcast Notice to Mariners this part, entry into, transiting, or an- notifying the public when enforcement choring within this safety zone is pro- of the safety zone established by this hibited unless authorized by the Cap- section is cancelled if deemed nec- tain of the Port Detroit, or his des- essary. ignated representative. (2)(i) These safety zones are closed to [USCG–2008–0218, 73 FR 46197, Aug. 8, 2008, as all vessel traffic, except as may be per- amended by USCG–2010–0126, 75 FR 32668, June 9, 2010; USCG–2012–0306, 77 FR 37315, mitted by the Captain of the Port De- June 21, 2012; USCG–2012–0313, 77 FR 42178, troit or his designated representative. July 18, 2012; USCG–2012–0730, 79 FR 16677, (ii) All persons and vessels must com- Mar. 26, 2014] ply with the instructions of the Coast Guard Captain of the Port or his des- § 165.943 Annual events requiring safe- ignated representative. ty zones in the Captain of the Port (iii) Upon being hailed by the U.S. Duluth zone. Coast Guard by siren, radio, flashing (a) Safety zones. The following areas light or other means, the operator of a are designated safety zones: vessel shall proceed as directed. (1) Bridgefest Regatta Fireworks; (3)(i) All vessels must obtain permis- Houghton, MI—(i) Location. All waters sion from the Captain of the Port or of the Keweenaw Waterway bounded by his designated representative to enter, the arc of a circle with a 300-foot radius move within, or exit the safety zone es- from the fireworks launch site with its tablished in this section when this center in position 47°07′28.35″ N, safety zone is enforced. 088°35′01.78″ W. (ii) Vessels and persons granted per- (ii) Enforcement date and time. This mission to enter the safety zone must event historically occurs in mid June. obey all lawful orders or directions of The Captain of the Port Duluth, will the Captain of the Port or a designated representative. establish enforcement dates that will (iii) While within a safety zone, all be announced with a Notice of Enforce- vessels must operate at the minimum ment and marine information broad- speed necessary to maintain a safe cast. course. (2) Lake Superior Dragon Boat Festival (d) Exemption. Public vessels, as de- Fireworks; Superior, WI—(i) Location. fined in paragraph (b) of this section, All waters of Superior Bay, WI within are exempt from the requirements in a 150-foot radius with its center at this section. 46°43′23.52″ N 092°03′45.19″ W. (e) Waiver. For any vessel, the Cap- (ii) Enforcement date and time. This tain of the Port Detroit or his des- event historically occurs in late Au- ignated representative may waive any gust. The Captain of the Port Duluth, of the requirements of this section, will establish enforcement dates that upon finding that operational condi- will be announced with a Notice of En- tions or other circumstances are such forcement and marine information that application of this section is un- broadcast. necessary or impractical for the pur- (3) Duluth Fourth Fest Fireworks; Du- poses of public or environmental safe- luth, MN—(i) Location. All U.S. navi- ty. gable waters of the Duluth Harbor (f) Notification. The Captain of the Basin Northern Section within a 900- Port Detroit will notify the public that foot radius of position 46°46′19.00″ N, the safety zones in this section are or 092°06′11.00″ W.

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(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. (4) Cornucopia Fireworks; Cornucopia, (8) Superior Man Triathlon; Superior, WI—(i) Location. All waters of the area WI—(i) Location. All waters of the Du- bounded by a circle with a 300-foot ra- luth Harbor Basin, Northern Section, dius surrounding the fireworks launch including the Duluth Entry encom- site with its center in position passed in an imaginary line beginning 46°51′35.00″ N, 091°06′10.00″ W. at point 46°46′36.12″ N 092°06′06.99″ W, (ii) Enforcement date and time. This running southeast to 46°46′32.75″ N event historically occurs the week be- 092°06′01.74″ W, running northeast to fore, after or during 4th of July week. 46°46′45.92″ N 092°05′45.18″ W, running The Captain of the Port Duluth, will northwest to 46°46′49.47″ N 092°05′49.35″ establish enforcement dates that will W and finally running southwest back be announced with a Notice of Enforce- to the starting point. ment and marine information broad- (ii) Enforcement date and time. This cast. event historically occurs in late Au- (5) LaPointe Fireworks; LaPointe, WI— gust. The Captain of the Port Duluth, (i) Location. All waters of Lake Supe- will establish enforcement dates that rior bounded by the arc of a circle with will be announced with a Notice of En- a 375-foot radius from the fireworks forcement and marine information launch site with its center in position broadcast. 46°46′40.10″ N, 090°47′22.00″ W. (b) Regulations. (1) In accordance with (ii) Enforcement date and time. This the general regulations in § 165.23 of event historically occurs during the this part, entry into, transiting, or an- 4th of July week. The Captain of the Port Duluth, will establish enforce- choring in this safety zone is prohib- ment dates that will be announced ited unless authorized by the Captain with a Notice of Enforcement and ma- of the Port Duluth, or the designated rine information broadcast. on-scene representative. (6) Ashland Fireworks; Ashland, WI— (2) This safety zone is closed to all (i) Location. All waters of the Lake Su- vessel traffic except as authorized by perior bounded by the arc of a circle the Captain of the Port Duluth, or the with a 600-foot diameter from the fire- designated on-scene representative. works launch site with its center in po- (3) The ‘‘on-scene representative’’ of sition 46°35′50.37″ N, 090°52′59.82″ W. the Captain of the Port Duluth, is any (ii) Enforcement date and time. This Coast Guard commissioned, warrant, or event historically occurs during the petty officer who has been designated 4th of July week. The Captain of the to act on behalf of the Captain of the Port Duluth, will establish enforce- Port Duluth. The on-scene representa- ment dates that will be announced tive of the Captain of the Port Duluth with a Notice of Enforcement and ma- will be aboard either a Coast Guard or rine information broadcast. Coast Guard Auxiliary vessel. The Cap- (7) Point to LaPointe Swim; LaPointe, tain of the Port Duluth, or the des- WI—(i) Location. All waters between ignated on-scene representative may be Bayfield, WI and Madeline Island, WI contacted via VHF Channel 16. within an imaginary line created by (4) Vessel operators desiring to enter the following coordinates: 46°48′50.97″ or operate within the safety zone shall N, 090°48′44.28″ W, moving southeast to contact the Captain of the Port Du- 46°46′44.90″ N, 090°47′33.21″ W, then mov- luth, or the designated on-scene rep- ing northeast to 46°46′52.51″ N resentative to obtain permission to do 090°47′17.14″ W, then moving northwest so. Vessel operators given authoriza- to 46°49′03.23″ N 090°48′25.12″ W and fi- tion to enter or operate in the safety nally running back to the starting zone must comply with all directions point. given to them by the Captain of the

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Port Duluth, or the on-scene represent- may request permission to enter the ative. safety zone on VHF–23A or through the 24-hour Command Center at telephone [USCG–2013–0214, 78 FR 48804, Aug. 12, 2013] (415) 399–3547. ELEVENTH COAST GUARD DISTRICT [USCG–2012–0419, 77 FR 39417, July 3, 2012]

§ 165.T11–504 Safety zone; Independ- § 165.T11–589 Safety zone; SFOBB ence Day Fireworks Celebration for Demolition Safety Zone, San Fran- the City of Richmond, Richmond cisco, CA. Inner Harbor, Richmond, CA. (a) Location. This temporary safety (a) Location. This temporary safety zone is established in the navigable zone is established for the navigable waters of the San Francisco Bay near waters of Richmond Inner Harbor near Yerba Buena Island, California as de- Richmond, CA as depicted in National picted in National Oceanic and Atmos- Oceanic and Atmospheric Administra- pheric Administration (NOAA) Chart tion (NOAA) Chart 18649. From 9:30 18650. The safety zone will encompass p.m. until 9:50 p.m. on July 3, 2012, the the navigable waters around the temporary safety zone will encompass SFOBB within 100 yards beginning at the navigable waters around the fire- Yerba Buena Island and ending at the works launch site in position 37°54′34″ ‘‘I’’ Pier. N, 122°21′17″ W (NAD 83) within a radius (b) Enforcement period. The zone de- of 420 feet. scribed in paragraph (a) of this section (b) Enforcement period. The zone de- will be in effect from 6 a.m. to 7 p.m. scribed in paragraph (a) of this section daily from December 31, 2014 until De- will be enforced from 9:30 p.m. through cember 30, 2015. The Captain of the 10 p.m. on July 3, 2012. The Captain of Port San Francisco (COTP) will notify the Port San Francisco (COTP) will no- the maritime community of periods tify the maritime community of peri- during which this zone will be enforced ods during which this zone will be en- via Broadcast Notice to Mariners in ac- forced via Broadcast Notice to Mari- cordance with 33 CFR 165.7. ners in accordance with 33 CFR 165.7. (c) Definitions. As used in this sec- (c) Definitions. As used in this sec- tion, ‘‘designated representative’’ tion, ‘‘designated representative’’ means a Coast Guard Patrol Com- means a Coast Guard Patrol Com- mander, including a Coast Guard cox- mander, including a Coast Guard cox- swain, petty officer, or other officer on swain, petty officer, or other officer on a Coast Guard vessel or a Federal, a Coast Guard vessel or a Federal, State, or local officer designated by or State, or local officer designated by or assisting the COTP in the enforcement assisting the COTP in the enforcement of the safety zone. of the safety zone. (d) Regulations. (1) Under the general (d) Regulations. (1) Under the general regulations in 33 CFR part 165, subpart regulations in 33 CFR part 165, subpart C, entry into, transiting or anchoring C, entry into, transiting or anchoring within this safety zone is prohibited within this safety zone is prohibited unless authorized by the COTP or a unless authorized by the COTP or a designated representative. designated representative. (2) The safety zone is closed to all (2) The safety zone is closed to all vessel traffic, except as may be per- vessel traffic, except as may be per- mitted by the COTP or a designated mitted by the COTP or a designated representative. representative. (3) Vessel operators desiring to enter (3) Vessel operators desiring to enter or operate within the safety zone must or operate within the safety zone must contact the COTP or a designated rep- contact the COTP or a designated rep- resentative to obtain permission to do resentative to obtain permission to do so. Vessel operators given permission so. Vessel operators given permission to enter or operate in the safety zone to enter or operate in the safety zone must comply with all directions given must comply with all directions given to them by the COTP or a designated to them by the COTP or a designated representative. Persons and vessels representative. Persons and vessels may request permission to enter the

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safety zone on VHF–23A or through the mitted by the COTP or a designated 24-hour Command Center at telephone representative. (415) 399–3547. (3) Vessel operators desiring to enter or operate within the safety zone must [USCG–2013–0654, 80 FR 2827, Jan. 21, 2015] contact the COTP or a designated rep- EFFECTIVE DATE NOTE: At 80 FR 2827, Jan. resentative to obtain permission to do 21, 2015, § 165.T11–589 was added, effective Jan. so. Vessel operators given permission 21, 2015 until Dec. 30, 2015. to enter or operate in the safety zone must comply with all directions given § 165.T11–630 Safety zone; Giants En- to them by the COTP or a designated terprises Fireworks Display, San representative. Persons and vessels Francisco Bay, San Francisco, CA. may request permission to enter the (a) Location. This temporary safety safety zone on VHF–23A or through the zone is established in the navigable 24-hour Command Center at telephone waters of the San Francisco Bay near (415) 399–3547. Pier 48 in San Francisco, CA as de- picted in National Oceanic and Atmos- [USCG–2014–0174, 79 FR 23916, Apr. 29, 2014] pheric Administration (NOAA) Chart § 165.1101 Security Zone: San Diego 18650. From 11 a.m. until 10:50 p.m. on Bay, CA. May 21, 2014, the temporary safety zone (a) Location. The following area is a applies to the nearest point of the fire- security zone: the water area within works barge within a radius of 100 feet Naval Station, San Diego enclosed by during the loading, transit, and arrival the following points: Beginning at of the fireworks barge from Pier 50 to 32°41′16.5″ N, 117°08′01″ W (Point A); the launch site near Pier 48 in approxi- thence running southwesterly to ° ′ ″ ° ′ ″ mate position 37 46 40 N, 122 22 58 W 32°40′58.3″ N, 117°08′11.0″ W (Point B); to (NAD83). From 10:50 p.m. until 11 p.m. 32°40′36.0″ N 117°07′49.1″ W (Point C); to on May 21, 2014, the temporary safety 32°40′17.0′ N, 117°07′34.6″ W (Point D); to zone will increase in size and encom- 32°39′36.4″ N, 117°07′24.8″ W (Point E); to pass the navigable waters around and 32°39′38.5″ N 117°07′06.5″ W, (Point F); under the fireworks barge in approxi- thence running generally northwest- ° ′ ″ ° ′ ″ mate position 37 46 40 N, 122 22 58 W erly along the shoreline of the Naval (NAD83) within a radius of 700 feet. Station to the place of the beginning. (b) Enforcement period. The zone de- All coordinates referenced use datum: scribed in paragraph (a) of this section NAD 1983. will be enforced from 11 a.m. through (b) Regulations. (1) In accordance with 11 p.m. on May 21, 2014. The Captain of the general regulations in § 165.33 of the Port San Francisco (COTP) will no- this part, entry into the area of this tify the maritime community of peri- zone is prohibited unless authorized by ods during which this zone will be en- the Captain of the Port San Diego; forced via Broadcast Notice to Mari- Commander, Naval Base San Diego; ners in accordance with 33 CFR 165.7. Commander, Navy Region Southwest; (c) Definitions. As used in this sec- or the Commanding Officer, Naval Sta- tion, ‘‘designated representative’’ tion, San Diego. means a Coast Guard Patrol Com- (2) Persons desiring to transit the mander, including a Coast Guard cox- area of the security zone may contact swain, petty officer, or other officer on the Captain of the Port at telephone a Coast Guard vessel or a Federal, number 619–683–6495 or on VHF channel State, or local officer designated by or 16 (156.8 MHz) to seek permission to assisting the COTP in the enforcement transit the area. If permission is grant- of the safety zone. ed, all persons and vessels must comply (d) Regulations. (1) Under the general with the instructions of the Captain of regulations in 33 CFR Part 165, Subpart the Port or his or her designated rep- C, entry into, transiting or anchoring resentative. within this safety zone is prohibited (c) Authority. In addition to 33 U.S.C. unless authorized by the COTP or a 1231 and 50 U.S.C. 191, the authority for designated representative. this section includes 33 U.S.C. 1226. (2) The safety zone is closed to all (d) Enforcement. The U.S. Coast vessel traffic, except as may be per- Guard may be assisted in the patrol

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and enforcement of this security zone sponsible for the Southwest Region; by the U.S. Navy. Commanding Officer, Naval Base Point [COTP San Diego 04–019, 70 FR 2021, Jan. 12, Loma, means the Installation Com- 2005] mander of the naval base located on Point Loma, San Diego, California; § 165.1102 Security Zone; Naval Base Designated Representative, means any Point Loma; San Diego Bay, CA. U.S. Coast Guard commissioned, war- (a) Location. The following area is a rant, or petty officer who has been des- security zone: The water adjacent to ignated by the Captain of the Port San the Naval Base Point Loma, San Diego, Diego to assist in the enforcement of CA, enclosed by the following coordi- the security zone described in para- nates: graph (a) of this section. 32°42′28.8″ N, 117°14′13.2″ W (Point A) (d) Enforcement. The U.S. Coast 32°42′28.8″ N, 117°14′12.6″ W (Point B) Guard may be assisted in the patrol 32°42′10.2″ N, 117°14′03.0″ W (Point C) and enforcement of the security zone 32°42′06.2″ N, 117°14′01.5″ W (Point D) described in paragraph (a) of this sec- 32°41′49.5″ N, 117°14′07.0″ W (Point E) tion by the U.S. Navy and local law en- 32°41′47.4″ N, 117°14′11.4″ W (Point F) forcement agencies. 32°41′43.8″ N, 117°14′12.6″ W (Point G) 32°41′31.8″ N, 117°14′13.8″ W (Point H) [USCG–2013–0580, 78 FR 72027, Dec. 2, 2013] 32°41′33.0″ N, 117°14′01.2″ W (Point I) ° ′ ″ ° ′ ″ § 165.1103 Security Zone; Naval Mine 32 41 10.2 N, 117 13 57.0 W (Point J) Anti Submarine Warfare Command; ° ′ ″ ° ′ ″ 32 41 10.2 N, 117 13 58.2 W (Point K) San Diego Bay, San Diego, CA. Thence running generally north along (a) Location. (1) The following area is the shoreline to Point A. a security zone: The water adjacent to (b) Regulations. (1) The general regu- the Naval Mine Anti Submarine War- lations governing security zones found fare Command, bound by the following in 33 CFR 165.33 apply to the security coordinates: zone described in paragraph (a) of this 32°43′40.9″ N, 117°12′54.9″ W (A) section. 32°43′40.6″ N, 117°12′52.3″ W (B) (2) Entry into, or remaining in, the ° ′ ″ ° ′ ″ areas of either zone is prohibited unless 32 43 22.5 N, 117 12 57.8 W (C) ° ′ ″ ° ′ ″ authorized by the Captain of the Port 32 43 23.4 N, 117 13 01.3 W (D) San Diego; Commanding Officer, Naval Thence running generally northwest Base Point Loma; or Commander, along the shoreline to Point A. Naval Region Southwest. (2) The proposed security zone at the (3) Persons desiring to transit the Naval Mine Anti Submarine Warfare area of the security zone may request Command would be established to pro- permission from the Captain of the vide for the 100 feet of standoff dis- Port San Diego at telephone number tance. (619) 278–7033 or on VHF channel 16 (b) Regulations. (1) The general regu- (156.8 MHz) or from either the Com- lations governing security zones found manding Officer, Naval Base Point in 33 CFR 165.33 apply to the security Loma or the Commanding Officer Navy Region Southwest by calling the Navy zone described in paragraph (a) of this Port Operation Dispatch at telephone section. number (619) 556–1433 or on VHF–FM (2) Entry into, or remaining in, the channels 16 or 12. If permission is areas of either zone is prohibited unless granted, all persons and vessels must authorized by the Captain of the Port comply with the instructions of the San Diego; Commanding Officer, Naval Captain of the Port San Diego or his or Mine Anti Submarine Warfare Com- her designated representative. mand; or Commander, Naval Region (c) Definitions. For purposes of this Southwest. section: Captain of the Port San Diego, (3) Persons desiring to transit the means the Commanding Officer of the area of the security zone may request Coast Guard Sector San Diego; Com- permission from the Captain of the mander, Navy Region Southwest, Port San Diego at telephone number means Navy Region Commander re- (619) 278–7033 or on VHF channel 16

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(156.8 MHz) or from either the Com- ginning. All coordinates referenced use manding Officer, Naval Mine Anti Sub- datum: NAD 1983. marine Warfare Command or the Com- (b) Regulations. (1) In accordance with mander, Navy Region Southwest by the general regulations in Sec. 165.33 of calling the Navy Port Operation Dis- this part, entry into the area of this patch at telephone number (619) 556– zone is prohibited unless authorized by 1433 or on VHF–FM channels 16 or 12. If the Captain of the Port San Diego; permission is granted, all persons and Commander, Naval Base Coronado, or vessels must comply with the instruc- Commander, Navy Region Southwest. tions of the Captain of the Port San (2) Persons desiring to transit the Diego or his or her designated rep- area of the security zone may contact resentative. the Captain of the Port at telephone (c) Definitions. For purposes of this number 619–683–6495 or on VHF channel section: Captain of the Port San Diego, 16 (156.8 MHz) to seek permission to means the Commanding Officer of the transit the area. If permission is grant- Coast Guard Sector San Diego; Com- ed, all persons and vessels must comply mander, Navy Region Southwest, with the instructions of the Captain of means Navy Region Commander re- the Port or his or her designated rep- sponsible for the Southwest Region; resentative. Commanding Officer, Naval Mine Anti (c) Authority. In addition to 33 U.S.C. Submarine Warfare Command, means 1231 and 50 U.S.C. 191, the authority for the Installation Commander of the this section includes 33 U.S.C. 1226. naval base located on Point Loma, San (d) Enforcement. The U.S. Coast Diego, California; Designated Rep- Guard may be assisted in the patrol resentative, means any U.S. Coast and enforcement of this security zone Guard commissioned, warrant, or petty by the U.S. Navy. officer who has been designated by the [COTP San Diego, 68 FR 25290, May 12, 2003] Captain of the Port San Diego to assist in the enforcement of the security zone § 165.1105 Security Zone: San Diego described in paragraph (a) of this sec- Bay, California. tion. (a) Location. (1) The following area is (d) Enforcement. The U.S. Coast a security zone: The water area adja- Guard may be assisted in the patrol cent to Naval Air Station North Island, and enforcement of the security zone Coronado, California, and within 100 described in paragraph (a) of this sec- yards (91 meters) of Bravo Pier, and tion by the U.S. Navy and local law en- vessels moored thereto, bounded by the forcement agencies. following points (when no vessel is [USCG–2013–0580, 78 FR 72028, Dec. 2, 2013] moored at the pier): (i) Latitude 32°41′53.0″ N, Longitude § 165.1104 Security Zone: San Diego 117°13′33.6″ W; Bay, CA. (ii) Latitude 32°41′53.0″ N, Longitude (a) Location. The following area is a 117°13′40.6″ W; security zone: on the waters along the (iii) Latitude 32°41′34.0″ N, Longitude northern shoreline of Naval Base Coro- 117°13′40.6″ W; nado, the area enclosed by the fol- (iv) Latitude 32°41′34.0″ N, Longitude lowing points: Beginning at 32°42′53.0″ 117°13′34.1″ W. N, 117°11′45.0 W (Point A); thence run- (2) Because the area of this security ning northerly to 32°42′55.5″ N, zone is measured from the pier and 117°11′45.0″ W, (Point B); thence running from vessels moored thereto, the ac- easterly to 32°42′57.0″ N, 117°11′31.0″ W, tual area of this security zone will be (Point C); thence southeasterly to larger when a vessel is moored at 32°42′42.0″ N, 117°11′04.0″ W (Point D); Bravo Pier. thence southeasterly to 32°42′21.0″ N, (b) Regulations. In accordance with 117°10′47.0″ W (Point E) thence running the general regulations in § 165.33 of southerly to 32°42′13.0″ N, 117°10′51.0″ W this part, entry into the area of this (Point F); thence running generally zone is prohibited unless authorized by northwesterly along the shoreline of the Captain of the Port or the Com- Naval Base Coronado to the place of be- manding Officer, Naval Air Station

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North Island. Section 165.33 also con- (b) Regulations. (1) During submarine tains other general requirements. docking/undocking operations at the U.S. Naval Submarine Base on Ballast [COTP San Diego Reg. 85–11, 51 FR 3776, Jan. 30, 1986, as amended at 52 FR 8893, Mar. 20, Point, San Diego Bay, California, mari- 1987. Redesignated by USCG–2001–9286, 66 FR ners transiting within the regulated 33642, June 25, 2001] navigation area shall proceed at a speed that generates no wake from § 165.1106 San Diego Bay, California— their vessel. safety zone. (2) The Coast Guard will issue a (a) The waters of San Diego Bay en- Broadcast Notice to Mariners, and if closed by the following boundaries are time permits a Local Notice to Mari- a safety zone: ners, to inform the maritime commu- From a point located on the bound- nity of the dates and times of the sub- ary of Coast Guard Air Station San marine docking/undocking operations Diego, California at latitude 32°43′37.2″ covered by paragraph (b)(1). N, longitude 117°10′45.0″ W (point A), for (3) The master and/or operator of a a point of beginning; thence southeast- vessel within the regulated navigation erly to latitude 32°43′36.2″ N, longitude area shall comply with any other or- 117°10′41.5″ W (point B); thence south- ders or directions issued by the Coast westerly to latitude 32°43′20.2″ N, lon- Guard as required for the safety of the gitude 117°10′49.5″ W (point C); thence submarine docking/undocking oper- northwesterly to latitude 32°43′25.7″ N, ations covered by paragraph (b)(1). longitude 117°11′04.6″ W (point D); thence northeasterly to latitude [CGD11–90–07, 56 FR 14645, Apr. 11, 1991; 56 FR 32°43′35.7″ N, longitude 117°10′59.5″ W 40360, Aug. 14, 1991, as amended by USCG– 1998–3799, 63 FR 35533, June 30, 1998. Redesig- (point E); thence generally easterly nated by USCG–2001–9286, 66 FR 33642, June along the air station boundary to the 25, 2001] point of beginning (point A). (b)(1) In accordance with the general § 165.1108 Security Zones; Cruise regulations in § 165.23 of this part, Ships, Port of San Diego, California. entry into the area of this zone is pro- (a) Definition. ‘‘Cruise ship’’ as used hibited unless authorized by the Cap- in this section means a passenger ves- tain of the Port, except as provided for sel, except for a ferry, 100 gross tons or below. more, authorized to carry more than 12 (2) Vessels may transit the area of passengers for hire; capable of making this safety zone without permission, international voyages lasting more but may not anchor, stop, remain with- than 24 hours, any part of which is on in the zone, or approach within 100 the high seas; and for which passengers yards (92 meters) of the land area of are embarked, disembarked or at a port Coast Guard Air Station San Diego or of call in the San Diego port. structures attached thereto. (b) Location. The following areas are [CGD 85–034, 50 FR 14703, Apr. 15, 1985 and security zones: All navigable waters, COTP San Diego Reg. 85–06, 50 FR 38003, extending from the surface to the sea Sept. 19, 1985. Redesignated by USCG–2001– floor, within a 100-yard radius around 9286, 66 FR 33642, June 25, 2001] any cruise ship that is located within the San Diego port area landward of § 165.1107 San Diego Bay, California. the sea buoys bounding the Port of San (a) Location. The area encompassed Diego. by the following geographic coordi- (c) Regulations. Under regulations in nates is a regulated navigation area: 33 CFR part 165, subpart D, a person or 32°41′24.6″ N 117°14′21.9″ W vessel may not enter into or remain in 32°41′34.2″ N 117°13′58.5″ W the security zones created by this sec- ° ′ ″ ° ′ ″ 32 41 34.2 N 117 13 37.2 W tion unless authorized by the Coast Thence south along the shoreline to Guard Captain of the Port, San Diego 32°41′11.2″ N 117°13′31.3″ W (COTP) or a COTP designated rep- ° ′ ″ ° ′ ″ 32 41 11.2 N 117 13 58.5 W resentative. Persons desiring to transit Thence north along the shoreline to the these security zones may contact the point of origin. COTP at telephone number (619) 278– Datum: NAD 1983. 7033 or on VHF–FM channel 16 (156.8

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MHz) to seek permission to transit the thence running southeasterly to area. If permission is granted, all per- 32°40′43.0″ N, 117°09′09.0″ W (Point D); sons and vessels must comply with the thence running southerly to 32°40′39.0″ instructions of the Captain of the Port N, 117°09′08.0″ (Point E); thence running or his or her designated representative. southwesterly to 32°40′30.0″ N, (d) Authority. In addition to 33 U.S.C. 117°09′12.9″ W (Point F); thence running 1231 and 50 U.S.C. 191, the authority for a short distance to 32°40′29.0″ N, this section includes 33 U.S.C. 1226. 117°09′14.0″ W (Point G); thence running (e) Enforcement. The U.S. Coast Guard southwesterly to 32°40′26.0″ N, may be assisted in the patrol and en- 117°09′17.0″ W (Point H); thence running forcement of the security zones by the northwesterly to the shoreline to 32°40′ San Diego Harbor Police. 31.0″ N, 117°09′ 22.5″ W (Point I), thence [COTP San Diego 02–026, 68 FR 1008, Jan. 8, running along the shoreline to the be- 2003, as amended by USCG–2011–0038, 76 FR ginning point. 15218, Mar. 21, 2011] (b) Regulations. In accordance with § 165.1110 Security Zone: Coronado the general regulations in § 165.33 of Bay Bridge, San Diego, CA. this part, entry into the area of this (a) Location. All navigable waters of zone is prohibited unless authorized by San Diego Bay, from the surface to the the Captain of the Port or the Com- sea floor, within 25 yards of all piers, mander, Navy Region Southwest. abutments, fenders and pilings of the (c) Enforcement. The U.S. Coast Guard Coronado Bay Bridge. These security may be assisted in the patrol and en- zones will not restrict the main naviga- forcement of this security zone by the tional channel nor will it restrict ves- U.S. Navy. sels from transiting through the chan- [CGD11–01–011, 67 FR 4661, Jan. 31, 2002] nel. (b) Regulations. (1) Under § 165.33, § 165.1121 [Reserved] entry into, transit through, loitering, or anchoring within any of these secu- § 165.1122 San Diego Bay, Mission Bay rity zones by all persons and vessels is and their Approaches—Regulated prohibited, unless authorized by the navigation area. Captain of the Port, or his designated representative. Mariners seeking per- (a) Regulated navigation area. The fol- mission to transit through a security lowing area is a regulated navigation zone may request authorization to do area (RNA): All waters of San Diego so from Captain of the Port or his des- Bay, Mission Bay, and their approaches ignated representative. The Coast encompassed by a line commencing at Guard can be contacted on San Diego Point La Jolla (32°51′06″ N, 117°16′42″ W); Bay via VHF-FM channel 16. thence proceeding seaward on a line (2) Vessels may enter a security zone bearing 255° T to the outermost extent if it is necessary for safe navigation of the territorial seas; thence pro- and circumstances do not allow suffi- ceeding southerly along the outermost cient time to obtain permission from extent of the territorial seas to the the Captain of the Port. intersection of the maritime boundary with Mexico; thence proceeding eas- [COTP San Diego 04–015, 69 FR 43915, July 23, 2004] terly, along the maritime boundary with Mexico to its intersection with § 165.1120 Security Zone; Naval Am- the California coast; thence proceeding phibious Base, San Diego, CA. northerly, along the shoreline of the (a) Location. The following area is a California coast—and including the in- security zone: the waters of San Diego land waters of San Diego Bay and Mis- Bay, enclosed by lines connecting the sion Bay, California, shoreward of the following points: Beginning at COLREGS Demarcation Line —back to 32°40′30.0″ N, 117°10′03.0″ W (Point A); the point of origin. All coordinates ref- thence running northeasterly to erence 1983 North American Datum 32°40′54.0″ N, 117°09′35.5″ W (Point B); (NAD 83). thence running northeasterly to (b) Definitions. As used in this sec- 32°40′55.0″ N, 117°09′27.0″ W (Point C); tion—

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COLREGS Demarcation Line means or via VHF-FM radiotelephone on the line described at 33 CFR 80.1104 or channel 16 (156.800 Mhz). The call sign 80.1106. for radiotelephone requests to the Cap- Public vessel means a vessel that is tain of the Port or designated rep- owned or demise—(bareboat) chartered resentative is ‘‘Coast Guard Sector San by the government of the United Diego.’’ States, by a State or local government, (2) For purposes of the requirements or by the government of a foreign in paragraph (d)(1) of this section, the country and that is not engaged in Captain of the Port or designated rep- commercial service. resentative means any official des- Vessel means every description of ignated by the Captain of the Port, in- watercraft or other artificial contriv- cluding but not limited to commis- ance used, or capable of being used, as sioned, warrant, and petty officers of a means of transportation on water the U.S. Coast Guard, and any U.S. other than a public vessel. Coast Guard patrol vessel. Upon being (c) Applicability. This section applies hailed by a U.S. Coast Guard vessel by to all vessels of 100 gross tons (GT) or siren, radio, flashing light, or other more, including tug and barge com- means, the operator of a vessel shall binations of 100 GT or more (com- proceed as directed. bined), operating within the RNA, with (e) Waivers. The Captain of the Port the exception of public vessels, vessels or designated representative may, upon not intending to cross the COLREGS request, waive any regulation in this Demarcation Line and enter San Diego section. Bay or Mission Bay, and any vessels [CGD11–05–002, 70 FR 70495, November 22, exercising rights under principles of 2005] international law, including innocent passage or force majeure, within the § 165.1123 Southern California Annual area of this RNA. Vessels operating Firework Events for the San Diego properly installed, operational, type Captain of the Port Zone. approved automatic identification sys- (a) General. Safety zones are estab- tem (AIS) as denoted in 33 CFR 164.46 lished for the events listed in Table 1 of are exempted from making requests as this section. Further information on required in this regulation. exact dates, times, and other details (d) Regulations. (1) No vessel to which concerning the exact geographical de- this rule applies may enter, depart or scription of the areas are published by move within San Diego Bay or Mission the Eleventh Coast Guard District in Bay unless it complies with the fol- the Local Notice to Mariners at least lowing requirements: 20 days prior to the event. (i) Obtain permission to enter San (b) Regulations. All persons and ves- Diego Bay or Mission Bay from the sels not registered with the sponsor as Captain of the Port or designated rep- participants or as official patrol ves- resentative immediately upon entering sels are considered spectators. The the RNA. However, to avoid potential ‘‘official patrol’’ consists of any Coast delays, we recommend seeking permis- Guard; other Federal, state, or local sion 30 minutes prior to entering the law enforcement; and any public or RNA. sponsor-provided vessels assigned or (ii) Follow all instructions issued by approved by the cognizant Coast Guard the Captain of the Port or designated Sector Commander to patrol each representative. event. (iii) Obtain permission for any depar- (1) No spectator shall anchor, block, ture from or movement within the loiter, nor impede the through transit RNA from the Captain of the Port or of participants or official patrol vessels designated representative prior to get- in the safety zone during all applicable ting underway. effective dates and times unless cleared (iv) Follow all instructions issued by to do so by or through an official pa- the Captain of the Port or designated trol vessel. representative. (2) When hailed and/or signaled by an (v) Requests may be made by tele- official patrol vessel, any spectator lo- phone at 619–278–7033 (select option 2) cated within a safety zone during all

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applicable effective dates and times any time it is deemed necessary for the shall come to an immediate stop. protection of life and property. (3) The Patrol Commander PATCOM may be reached on VHF–FM (PATCOM) is empowered to forbid and Channel 13 (156.65MHz) or 16 (156.8MHz) control the movement of all vessels in when required, by the call sign the safety zone. The Patrol Com- ‘‘PATCOM’’. mander shall be designated by the cog- (4) The Patrol Commander may, upon nizant Coast Guard Sector Commander; request, allow the transit of vessels will be a U.S. Coast Guard commis- through the safety zone when it is safe sioned officer, warrant officer, or petty to do so. officer to act as the Sector Com- mander’s official representative. As the (5) The Coast Guard may be assisted Sector Commander’s representative, by other Federal, state, or local agen- the PATCOM may terminate the event 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.

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.

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

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§ 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.

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 load- ing 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 com- mencement 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 load- ing 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 com- mencement of the fireworks display.

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

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 load- ing 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 com- mencement 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 load- ing 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 com- mencement 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. Regulated Area ...... 100-foot radius around the fireworks launch barge during the load- ing 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 com- mencement 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 load- ing 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 com- mencement 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.

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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 load- ing 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 com- mencement 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 load- ing 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 com- mencement 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 load- ing 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 com- mencement of the fireworks display.

10. Fourth of July Fireworks, City of Faria

Sponsor ...... City of Faria, CA. Event Description ...... Fireworks Display. Date ...... July 4th. Location ...... Offshore Faria Beach, CA Regulated Area ...... 100-foot radius around the fireworks launch barge during the load- ing 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 com- mencement 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 load- ing 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 com- mencement of the fireworks display.

12. Fourth of July Fireworks, City of San Pedro

Sponsor ...... City of San Pedro, 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 Cabrillo Beach, CA. Regulated Area ...... 100-foot radius around the fireworks launch barge during the load- ing 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 com- mencement 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 load- ing 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 com- mencement of the fireworks display.

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

§ 165.1131 Security Zone: Wilson Cove, California. Section 165.33 also contains San Clemente Island, California. other general requirements. (a) Location. The following area is a [COTP San Diego Reg. 87–04, 52 FR 18230, security zone: The water area adjacent May 14, 1987. Redesignated by USCG–2001– to San Clemente Island, California 9286, 66 FR 33642, June 25, 2001] within 1.5 nautical miles (1.73 statute § 165.1141 Safety Zone; San Clemente 3 miles, 2.8 kilometers) of the shoreline NM Safety Zone, San Clemente Is- of San Clemente Island from Wilson land, CA. Cove North End Light (LLNR 2565) to (a) Location. The following area is a Spruce Pier, approximately 4.1 nautical safety zone: All waters of the Pacific miles (4.7 statute miles, 7.65 kilo- Ocean surrounding San Clemente Is- meters) southeast of Wilson Cove land, from surface to bottom, extend- North End Light, described as follows: ing from the high tide line on the is- Starting at a point on the shoreline land seaward 3 NM. The zone consists of San Clemente Island, California, in of the following sections (see Figure 1): position 33°01′25.0″ N, 118°33′43.0″ W, for a place of beginning (point A), thence (1) Section A northeasterly to 33°02′11.0″ N, Beginning at 33°02.05′ N, 118°35.85′ W; 118°32′13.5″ W (point B), thence south- thence to 33°04.93′ N, 118°37.07′ W; easterly to 32 °58′40.5″ N, 118°29′15.5″ W thence running parallel to the shore at (point C), thence southwesterly to a distance of approximately 3 NM from 32°57′54.0″ N, 118°31′17.2″ W (point D), the high tide line to 33°02.82′ N, thence northwesterly along the shore- 118°30.65′ W; thence 33°01.29′ N, 118°33.88′ line of San Clemente Island to the W; thence along the shoreline return- place of beginning. ing to 33°02.05′ N, 118°35.85′ W. (b) Regulations. In accordance with (2) Section B the general regulations in § 165.33 of this part, entry into the area of this Beginning at 32°57.30′ N, 118°30.88′ W; zone is prohibited unless authorized by thence to 32°59.60′ N, 118°28.33′ W; the Captain of the Port, San Diego, thence running parallel to the shore at

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a distance of approximately 3 NM from 118°32.95′ W; thence along the shoreline the high tide line to 32°55.83′ N, returning to 32°50.70′ N, 118°29.37′ W. 118°24.22′ W; thence to 32°53.53′ N, 118°26.52′ W; thence along the shoreline (6) Section F returning to 32°57.30′ N, 118°30.88′ W. Beginning at 32°56.13′ N, 118°32.95′ W; (3) Section C thence to 32°53.62′ N, 118°35.93′ W; thence running parallel to the shore at ° ′ ° ′ Beginning at 32 53.53 N, 118 26.52 W; a distance of approximately 3 NM from ° ′ ° ′ thence to 32 55.83 N, 118 24.22 W; the high tide line to 32°59.95′ N, thence running parallel to the shore at 118°39.77′ W; thence to 33°01.08′ N, a distance of approximately 3 NM from 118°36.33′ W; thence along the shoreline ° ′ the high tide line to 32 47.27 N, returning to 32°56.13′ N, 118°32.95′ W. 118°18.23′ W; thence to 32°49.10′ N, 118°21.05′ W; thence along the shoreline (7) Section G returning to 32°53.53′ N, 118°26.52′ W. Beginning at 33°01.08’ N, 118°36.333’ W; (4) Section D thence to 32°59.95′ N, 118°39.77′ W; Beginning at 32°49.10′ N, 118°21.05′ W; thence running parallel to the shore at thence to 32°47.27′ N, 118°18.23′ W; a distance of approximately 3 NM from thence running parallel to the shore at the high tide line to 33°04.93′ N, a distance of approximately 3 NM from 118°37.07′ W; thence to 33°02.05′ N, the high tide line to 32°48.38′ N, 118°35.85′ W; along the shoreline return- 118°31.69′ W; thence to 32°50.70′ N, ing to 33°01.08′ N, 118°36.33′ W. 118°29.37′ W; thence along the shoreline returning to 32°49.10′ N, 118°21.05′ W. (8) Wilson Cove Beginning at 33°01.28′ N, 118°33.88′ W; (5) Section E thence to 33°02.82′ N, 118°30.65′ W; Beginning at 32°50.70′ N, 118°29.37′ W; thence running parallel to the shore at thence to 32°48.05′ N, 118°31.68′ W; a distance of approximately 3 NM from thence running parallel to the shore at the high tide line to 32°59.60’ N, a distance of approximately 3 NM from 118°28.33′ W; thence to 32°57.30′ N, the high tide line to 32°53.62′ N, 118°30.88′ W; thence along the shoreline 118°35.93′ W; thence to 32°56.13′ N, returning to 33°01.28′ N, 118°33.88′ W.

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

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(d) Regulations. (1) The general regu- (1) All waters, extending from the lations governing safety zones found in surface to the sea floor, within a 500 33 CFR 165.23 apply to the safety zone yard radius around any liquefied haz- described in paragraph (a) of this sec- ardous gas (LHG) tank vessel that is tion. anchored at a designated anchorage ei- (2) Mariners requesting permission to ther inside the Federal breakwaters transit through any section of the zone bounding San Pedro Bay or outside at may request authorization to do so designated anchorages within three from the Fleet Area Control and Sur- nautical miles of the breakwater; veillance Facility (FACSFAC) San (2) The shore area and all waters, ex- Diego by either calling 619–545–4742 or tending from the surface to the sea establishing a VHF bridge to bridge floor, within a 500 yard radius around radio connection on Channel 16. Imme- any LHG tank vessel that is moored, or diately upon completing transit, the in the process of mooring, at any berth vessel operator must promptly notify within the Los Angeles or Long Beach the FACSFAC of safe passage through port areas inside the Federal break- the safety zone. Failure to expedi- waters bounding San Pedro Bay; tiously notify FACSFAC of passage (3) All waters, extending from the through the safety zone will result in a surface to the sea floor, within 1000 determination by the Navy that the yards ahead and 500 yards on each side vessel is still in the safety zone, there- and astern of any LHG tank vessel that by restricting the use of the area for is underway either on the waters inside naval operations. If the Navy deter- the Federal breakwaters bounding San mines that facilitating safe transit Pedro Bay or on the waters within through the zone negatively impacts three nautical miles seaward of the range operations, the Navy will cease Federal breakwaters. this practice and enforce the safety (c) Regulations. (1) In accordance with zones in these two areas without excep- the general regulations in § 165.33 of tion. this part, entry into or remaining in (3) All persons and vessels must com- these zones is prohibited unless author- ply with the instructions of the U.S. ized by the Coast Guard Captain of the Navy, Coast Guard Captain of the Port Port Los Angeles-Long Beach, or his or or the designated representative. her designated representative. (4) Upon being hailed by U.S. Navy or (2) Persons desiring to transit the U.S. Coast Guard patrol personnel by area of the security zone may contact siren, radio, flashing light, or other the Captain of the Port at telephone means, the operator of a vessel must number (800) 221–USCG (8724) or on proceed as directed. VHF-FM channel 16 (156.8 MHz) to seek (5) The U.S. Coast Guard may be as- permission to transit the area. If per- sisted in the patrol and enforcement of mission is granted, all persons and ves- the safety zone described in paragraph sels shall comply with the instructions (a) of this section by the U.S. Navy and of the Captain of the Port or his or her local law enforcement agencies. designated representative. [USCG–2009–0277, 75 FR 28198, May 20, 2010] (3) When any LHG tank vessels ap- proach within 500 yards of a vessel that § 165.1151 Security Zones; liquefied is moored or anchored, the stationary hazardous gas tank vessels, San vessel must stay moored or anchored Pedro Bay, California. while it remains within the LHG tank (a) Definition. ‘‘Liquefied Hazardous vessel’s security zone unless it is either Gas’’ as used in this section means a ordered by or given permission from liquid containing one or more of the the Captain of the Port Los Angeles- products listed in Table 127.005 of this Long Beach to do otherwise. part that is carried in bulk on board a (d) Authority. In addition to 33 U.S.C. tank vessel as liquefied petroleum gas, 1231 and 50 U.S.C. 191, the authority for liquefied natural gas, or similar lique- this section includes 33 U.S.C. 1226. fied gas products. (e) Enforcement. The U.S. Coast Guard (b) Location. The following areas are may be assisted in the patrol and en- security zones: forcement of these security zones by

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the Los Angeles Port Police and the Latitude Longitude Long Beach Police Department. 33°42.47′ N ...... 118°14.95′ W [COTP Los Angeles-Long Beach 02–005, 68 FR 33°42.56′ N ...... 118°14.75′ W ° ′ ° ′ 13233, Mar. 19, 2003] 33 39.48 N ...... 118 13.32 W 33°39.42′ N ...... 118°13.55′ W 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- fied. (Note: All geographic coordinates Latitude Longitude are defined using North American 33°43.43′ N ...... 118°11.15′ W Datum 1983 (NAD 83)). 33°43.39′ N ...... 118°10.90′ W 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: ments of this regulation when it is A 0.5nm radius around 33°39.00′ N, deemed necessary in the interests of 118°13.19′ W. safety. (d) General regulations. The following (c) Location. (1) The San Pedro Bay regulations contained in paragraphs Regulated Navigation Area (RNA) con- (d)(1) through (d)(3) of this section sists of the water area enclosed by the apply to power driven vessels of 1600 or Los Angeles-Long Beach breakwater more gross tons, a towing vessel of 8 and a line connecting Point Fermin meters (approximately 26 feet) or over Light at 33°42.30′ N, 118°17.60′ W, with in length engaged in towing, or vessels the following geographical positions: of 100 gross tons and upward carrying 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 Pilot Area. (i) No vessel may enter the 33°40.85′ N ...... 118°14.90′ W 33°42.50′ N ...... 118°15.10′ W Los Angeles Pilot Area unless it is en- tering 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 (2) Long Beach Pilot Area. (i) No vessel ° ′ ° ′ 33 40.52 N ...... 118 10.22 W may enter the Long Beach Pilot Area 33°40.52′ N ...... 118°11.82′ W 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). (ii) Vessels entering the Long Beach (iii) The Los Angeles Deep Water Traf- Pilot Area shall pass directly through fic Lane: without stopping or loitering except as

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necessary to embark or disembark a 12 passengers for hire; making voyages pilot. lasting more than 24 hours, any part of (iii) Every vessel shall leave Long which is on the high seas; and for Beach Approach Lighted Whistle Buoy which passengers are embarked or dis- ‘‘LB’’ to port when entering and de- embarked in the Port of Los Angeles or parting Long Beach Channel and de- Port of Long Beach. parting vessels shall pass across the (b) Location. The following areas are southern boundary of the Long Beach security zones: All navigable waters, Pilot Area. extending from the surface to the sea (3) Los Angeles and Long Beach Deep floor, within a 100-yard radius around Water Traffic Lanes. When a vessel of 50 any cruise ship that is located within foot draft or greater is using the Los Angeles or Long Beach Deep Water the San Pedro Bay area landward of Traffic Lane no other vessel shall enter the sea buoys bounding the port of Los the Deep Water Traffic Lane if it will Angeles or Port of Long Beach or des- result in a meeting, crossing or over- ignated anchorages within 3 nautical taking situation. miles seaward of the Federal Break- (4) Los Angeles Deep Water Pilot Area. waters. When a vessel of 50 foot draft or great- (c) Regulations. Under regulations in er is embarking or disembarking a 33 CFR part 165, subpart D, a person or pilot in the Los Angeles Deep Water vessel may not entry into or remain in Pilot Area no other vessel shall enter the security zones created by this sec- the Deep Water Pilot Area. tion unless authorized by the Coast (5) Vessels described in paragraph (d) Guard Captain of the Port, Los Ange- of this section may not enter the les—Long Beach (COTP) or a COTP waters between Commercial Anchorage designated representative. G and the Middle Breakwater as de- (1) Persons desiring to transit these fined by an area enclosed by the line security zones may contact the COTP beginning at Los Angeles Main Channel at telephone number (310) 521–3801 or on Entrance Light 2 (33°42.70′ N, 118°14.70′ VHF–FM channel 16 (156.8 MHz) to seek W), thence east along the Middle permission to transit the area. If per- Breakwater to Long Beach Light mission is granted, all persons and ves- (33°43.40′ N, 118°11.20′ W), thence south to (33°43.08′ N, 118°11.26′ W), thence sels must comply with the instructions westerly to (33°43.08′ N, 118°12.26′ W), of the Captain of the Port or his or her thence southwesterly parallel to the designated representative. breakwater to (33°42.43′ N, 118°14.30′ W), (2) When a cruise ship approaches thence to the point of origin, unless within 100 yards of a vessel that is such vessel is: moored, or anchored, the stationary (i) In an emergency; vessel must stay moored or anchored (ii) Proceeding to anchor in or de- while it remains within the cruise parting Commercial Anchorage G; ship’s security zone unless it is either (iii) Standing by with confirmed pilot ordered by, or given permission from, boarding arrangements; or, the COTP Los Angeles-Long Beach to (iv) Engaged in towing vessels to or do otherwise. from Commercial Anchorage G, or to (d) Authority. In addition to 33 U.S.C. or from the waters between Commer- 1231 and 50 U.S.C. 191, the authority for cial Anchorage G and the Middle this section includes 33 U.S.C. 1226. Breakwater. (e) Enforcement. The U.S. Coast Guard [CGD11–00–007, 65 FR 62294, Oct. 18, 2000. Re- may be assisted in the patrol and en- designated by USCG–2001–9286, 66 FR 33642, forcement of the security zone by the June 25, 2001] Los Angeles Port Police and the Long § 165.1154 Security Zones; Cruise Beach Police Department. Ships, San Pedro Bay, California. [COTP Los Angeles-Long Beach 02–004, 67 FR (a) Definition. ‘‘Cruise ship’’ as used 72563, Dec. 6, 2002, as amended by USCG–2011– in this section means a passenger ves- 0101, 77 FR 1027, Jan. 9, 2012] sel, except for a ferry, over 100 feet in length, authorized to carry more than

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§ 165.1155 Security Zone; Diablo Can- (2) Persons desiring to transit the yon Nuclear Power Plant, Avila area of the safety zone may contact the Beach, California. Captain of the Port at telephone num- (a) Location. The following area is a ber 1–800–221–8724 or on VHF-FM chan- security zone: all waters of the Pacific nel 16 (156.8 MHz). If permission is Ocean, from surface to bottom, within granted, all persons and vessels must a 2,000 yard radius of Diablo Canyon 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. [COTP Los Angeles-Long Beach 03–002, 70 FR (2) Persons desiring to transit the 30640, May 27, 2005] area of the security zone may contact 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 (a) Location. The following areas are granted, all persons and vessels must security zones: All navigable waters, comply with the instructions of the from the surface to the sea floor within Captain of the Port or his or her des- 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, ex- cept for a ferry, over 100 feet in length, § 165.1156 Safety Zone; Offshore Ma- rine Terminal, El Segundo, CA. authorized to carry more than 12 pas- 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) (1) In accordance with Regulations. (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 (ii) Commercial tugs, lighters, transit the area. If permission is grant- barges, launches, or other vessels au- ed, all persons and vessels must comply thorized to engage in servicing the off- with the instructions of the Captain of shore marine terminal or vessels there- the Port, or his designated representa- in; tive. (iii) Public vessels of the United States. [USCG–2011–0906, 77 FR 65623, Oct. 30, 2012]

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§ 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. waters of the canyon. (b) Deviations. The Captain of the (b) Definitions. For the purposes of Port, San Francisco Bay, or the Com- this section: manding Officer, Vessel Traffic Service (1) Vessel: Every description of San Francisco, as a representative of watercraft, used or capable of being the Captain of the Port, may authorize used as a means of transportation on a deviation from the requirements of the water, and regardless of mode of this regulation when it is deemed nec- power. essary in the interests of safety. (2) Patrol Vessel: Vessels designated (c) Regulated Navigation Areas—(1) by the Captain of the Port, San Diego, San Francisco Bay RNA. (i) The fol- to enforce or assist in enforcing these lowing is a regulated navigation area— 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, tiously and continuously transit the 122°21′33″ W; thence to 37°47′02″ N, 122°23′04″ W; regulated navigation area via the most thence along the shoreline to the point of be- direct route consistent with naviga- ginning. tional safety. Datum: NAD 83 (2) During periods of vessels conges- tion within the Copper Canyon area, as (ii) The San Francisco Bay RNA con- determined by the Captain of the Port sists of the following defined sub-areas:

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(A) Golden Gate Traffic Lanes—(1) Datum: NAD 83 Westbound traffic lane: Bounded by the (3) Deep Water (two-way) Traffic Lane: Golden Gate precautionary area and Bounded by the Central Bay pre- the COLREGS Demarcation Line (33 cautionary area and the Golden Gate CFR 80.1142), between the separation precautionary area, between the Deep zone and a line connecting the fol- Water Traffic Lane separation zone and lowing coordinates: a line connecting the following coordi- 37°48′30″ N, 122°31′22″ W; thence to 37°49′03″ N, nates, beginning at: 122°29′52″ W. 37°49′55″ N, 122°28′09″ W; thence to 37°50′36″ N, 122°27′12″ W; thence to 37°50′47″ N, 122°26′26″ W. Datum: NAD 83 Datum: NAD 83 (2) Eastbound traffic lane. Bounded by the COLREGS Demarcation Line (33 (D) Central Bay Separation Zone: The CFR 80.1142) and the Golden Gate pre- area 75 yards each side of a line con- cautionary area, between the separa- necting the following coordinates, be- tion zone and a line connecting the fol- ginning at: lowing coordinates: 37°49′17″ N, 122°27′47″ W; thence to 37°49′35″ N, 122°25′25″ W. 37°47′50″ N, 122°30′48″ W; thence to 37°48′30″ N, ° ′ ″ 122 29 29 W. Datum: NAD 83 Datum: NAD 83 (E) Deep Water Traffic Lane Separation Zone: The area 75 yards each side of a (3) Golden Gate Separation Zone: The line connecting the following coordi- area 75 yards each side of a line con- nates, beginning at: necting the following coordinates: 37°49′36″ N, 122°27′46″ W; thence to 37°50′22″ N, 37°48′08″ N, 122°31′05″ W; thence to 37°48′46″ N, 122°26′49″ W; thence to 37°50′25″ N, 122°26′22″ W. 122°29′40″ W. Datum: NAD 83 Datum: NAD 83 (F) Central Bay Precautionary Area: (B) Golden Gate Precautionary Area: An area bounded by a line connecting An area bounded by a line connecting the following coordinates, beginning the following coordinates beginning at: at: 37°48′30″ N, 122°29′29″ W; thence to 37°48′52″ N, 37°48′41″ N, 122°25′17″ W; thence to 37°49′32″ N, 122°28′41″ W; thence to 37°48′52″ N, 122°27′49″ W; 122°25′13″ W; thence to 37°50′25″ N, 122°26′22″ W; thence to 37°49′36″ N, 122°27′46″ W; thence to thence to 37°50′47″ N, 122°26′26″ W; thence to 37°49′55″ N, 122°28′09″ W; thence to 37°49′28″ N, 37°51′04″ N, 122°24′58″ W; thence to 37°51′53″ N, ° ′ ″ ° ′ ″ ° ′ ″ 122°28′45″ W; thence to 37°49′03″ N, 122°29′52″ W; 122 24 58 W; thence to 37 51 53 N, 122 24 00 W; ° ′ ″ ° ′ ″ thence returning to the point of beginning. thence to 37 51 40 N, 122 23 48 W; thence to 37°49′22″ N, 122°23′48″ W; thence to 37°48′20″ N, ° ′ ″ ° ′ ″ ° ′ ″ Datum: NAD 83 122 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- (C) Central Bay Traffic Lanes—(1) turning along the shoreline to the point of Westbound traffic lane: Bounded by the beginning. Central Bay precautionary area and Datum: NAD 83 the Golden Gate precautionary area, between the Central Bay and the Deep (2) North Ship Channel RNA. The fol- Water Traffic Lane separation zones. lowing is a regulated navigation area— (2) Eastbound traffic lane: Bounded by The waters bounded by a line con- necting the following coordinates, be- the Golden Gate precautionary area ginning at: and the Central Bay precautionary area, between the Central Bay Separa- 37°51′53″ N, 122°24′58″ W; thence to 37°54′15″ N, tion Zone and a line connecting the fol- 122°27′27″ W; thence to 37°56′06″ N, 122°26′49″ W; ° ′ ″ ° ′ ″ lowing coordinates, beginning at: thence to 37 56 06 N, 122 26 34 W; thence to 37°54′48″ N, 122°26′42″ W; thence to 37°54′02″ N, 37°48′41″ N, 122°25′17″ W; thence to 37°48′50″ N, 122°26′10″ W; thence to 37°51′53″ N, 122°24′00″ W; 122°26′14″ W; thence to 37°48′52″ N, 122°27′49″ W. thence to returning to the point of begin- ning.

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Datum: NAD 83 37°55′05″ N, 122°25′02″ W; thence to 37°54′57″ N, 122°25′22″ W; thence to (3) San Pablo Strait Channel RNA. The 37°53′26″ N, 122°25′03″ W; thence to following is a regulated navigation 37°53′24″ N, 122°25′13″ W; thence to area—The waters bounded by a line 37°55′30″ N, 122°25′35″ W; thence to connecting the following coordinates, 37°55′40″ N, 122°25′10″ W; thence to ° ′ ″ ° ′ ″ beginning at: 37 54 54 N, 122 24 30 W; thence to 37°54′30″ N, 122°24′00″ W; thence returning to 37°56′06″ N, 122°26′49″ W; thence to 37°57′26″ N, the point of beginning. 122°27′21″ W; thence to 38°00′48″ N, 122°24′45″ W; thence to 38°01′54″ N, 122°22′24″ W; thence to Datum: NAD 83 38°01′44″ N, 122°22′18″ W; thence to 37°57′37″ N, 122°26′23″ W; thence to 37°56′06″ N, 122°26′34″ W; (7) Oakland Harbor RNA: The fol- thence returning to the point of beginning. lowing is a regulated navigation area— The waters bounded by a line con- Datum: NAD 83 necting the following coordinates, be- ginning at: (4) Pinole Shoal Channel RNA. The fol- lowing is a regulated navigation area— 37°48′40″ N, 122°19′58″ W; thence to The waters bounded by a line con- 37°48′50″ N, 122°20′02″ W; thence to necting the following coordinates, be- 37°48′29″ N, 122°20′39″ W; thence to ° ′ ″ ° ′ ″ ginning at: 37 48 13 N, 122 21 26 W; thence to 37°48′10″ N, 122°21′39″ W; thence to 38°01′54″ N, 122°22′25″ W; thence to 38°03′13″ N, 37°48′20″ N, 122°22′12″ W; thence to 122°19′50″ W; thence to 38°03′23″ N, 122°18′31″ W; 37°47′36″ N, 122°21′50″ W; thence to thence to 38°03′13″ N, 122°18′29″ W; thence to 37°47′52″ N, 122°21′40″ W; thence to 38°03′05″ N, 122°19′28″ W; thence to 38°01′44″ N, 37°48′03″ N, 122°21′00″ W; thence to 122°22′18″ W; thence returning to the point of 37°47′48″ N, 122°19′46″ W; thence to beginning. 37°47′55″ N, 122°19′43″ W; thence returning along the shoreline to the point of the begin- Datum: NAD 83 ning. (5) Benicia-Martinez Railroad Draw- Datum: NAD 83 bridge Regulated Navigation Area (RNA): (d) General regulations. (1) A power- The following is a regulated navigation driven vessel of 1600 or more gross tons, area—The waters bounded by the fol- or a tug with a tow of 1600 or more lowing longitude lines: gross tons, navigating within the RNAs (i) 122°13′31″ W (coinciding with the defined in paragraph (c) of this section, charted location of the Carquinez shall not exceed a speed of 15 knots Bridge) through the water. (ii) 121°53′17″ W (coinciding with the (2) A power-driven vessel of 1600 or charted location of New York Point) more gross tons, or a tug with a tow of Datum: NAD 83 1600 or more gross tons, navigating (6) Southampton Shoal Channel/Rich- within the RNAs defined in paragraph mond Harbor RNA: The following, con- (c) of this section, shall have its en- sisting of two distinct areas, is a regu- gine(s) ready for immediate maneuver lated navigation area— and shall operate its engine(s) in a con- (i) The waters bounded by a line con- trol mode and on fuel that will allow necting the following coordinates, be- for an immediate response to any en- ginning at: gine order, ahead or astern, including 37°54′17″ N, 122°22′00″ W; thence to 37°54′08″ N, stopping its engine(s) for an extended 122°22′00″ W; thence to 37°54′15″ N, 122°23′12″ W; period of time. thence to 37°54′30″ N, 122°23′09″ W; thence (3) The master, pilot or person direct- along the shoreline to the point of beginning. ing the movement of a vessel within Datum: NAD 83 the RNAs defined in paragraph (c) of this regulation shall comply with Rule (ii) The waters bounded by a line con- 9 of the Inland Navigation Rules (INRs) necting the following coordinates, be- (33 U.S.C. 2009) in conjunction with the ginning at: provisions of the associated INRs. 37°54′28″ N, 122°23′36″ W; thence to (e) Specific Regulations—(1) San Fran- 37°54′20″ N, 122°23′38″ W; thence to cisco Bay RNA: (i) A vessel shall navi- 37°54′23″ N, 122°24′02″ W; thence to gate with particular caution in a pre- 37°54′57″ N, 122°24′51″ W; thence to cautionary area, or in areas near the

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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 gross tons or tug with a tow of 1600 or (3) Benicia-Martinez Railroad Draw- more gross tons is navigating therein bridge Regulated Navigation Area when either vessel is: (RNA)—(i) Eastbound vessels: (A) The (1) Carrying certain dangerous car- master, pilot, or person directing the goes (as denoted in section 160.202 of movement of a power-driven vessel of this subchapter); 1600 or more gross tons or a tug with a (2) Carrying bulk petroleum prod- tow of 1600 or more gross tons traveling ucts; or eastbound and intending to transit (3) A tank vessel in ballast if such under the lift span (centered at coordi- entry would result in meeting, cross- nates 38°02′18″ N, 122°07′17″ W) of the ing, or overtaking the other vessel. railroad bridge across Carquinez Strait (D) Normally join or leave a traffic at mile 7.0 shall, immediately after en- lane at the termination of the lane, but tering the RNA, determine whether the when joining or leaving from either visibility around the lift span is 1⁄2 nau- side, shall do so at as small an angle to tical mile or greater. the general direction of traffic flow as (B) If the visibility is less than 1⁄2 practicable; nautical mile, or subsequently becomes (E) So far as practicable keep clear of less than 1⁄2 nautical mile, the vessel the Central Bay Separation Zone and shall not transit under the lift span. the Deep Water Traffic Lane Separa- (ii) Westbound vessels: (A) The master, tion Zone; pilot, or person directing the move- (F) Not cross a traffic lane separation ment of a power-driven vessel of 1600 or zone unless crossing, joining, or leav- more gross tons or a tug with a tow of ing a traffic lane. 1600 or more gross tons traveling west- (2) Pinole Shoal Channel RNA: (i) A bound and intending to transit under vessel less than 1600 gross tons or a tug the lift span (centered at coordinates with a tow of less than 1600 gross tons 38°02′18″ N, 122°07′17″ W) of the railroad is not permitted within this RNA. bridge across Carquinez Strait at mile (ii) A power-driven vessel of 1600 or 7.0 shall, immediately after entering more gross tons or a tug with a tow of 1600 or more gross tons shall not enter the RNA determine whether the visi- 1 Pinole Shoal Channel RNA when an- bility around the lift span is ⁄2 nau- other power-driven vessel of 1600 or tical mile or greater. more gross tons or tug with a tow of (B) If the visibility is less than 1⁄2 1600 or more gross tons is navigating nautical mile, the vessel shall not pass therein if such entry would result in beyond longitude line 121°55′19″ W (co- meeting, crossing, or overtaking the inciding with the charted position of other vessel, when either vessel is: the westernmost end of Mallard Island) (A) Carrying certain dangerous car- until the visibility improves to greater goes (as denoted in § 160.203 of this sub- than 1⁄2 nautical mile around the lift chapter); span. (B) Carrying bulk petroleum prod- (C) If after entering the RNA visi- ucts; or bility around the lift span subse- (C) A tank vessel in ballast. quently becomes less than 1⁄2 nautical

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mile, the master, pilot, or person di- Suisun Bay (position 38°03.3′ N, 122°02.5′ recting the movement of the vessel ei- W). All coordinates referenced use ther shall not transit under the lift datum: NAD 1983. 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 to, Broadcast Notice to Mariners. The entry would result in meeting, cross- Coast Guard will issue a Broadcast No- ing, or overtaking the other vessel. tice to Mariners notifying the public (5) Oakland Harbor RNA: A power- when nuclear materials cargo handling driven vessel of 1600 or more gross tons has been completed. or a tug with a tow of 1600 or more (c) Effective Period. The safety/secu- gross tons shall not enter the Oakland rity zone will be effective commencing Harbor RNA when another power-driv- at the time any vessel described in en vessel of 1600 or more gross tons, or paragraph (a)(1) of this section enters a tug with a tow of 1600 or more gross the zone described in paragraph (a)(1) tons, is navigating therein, if such of this section and will remain in effect entry would result in meeting, cross- until all spent nuclear materials cargo ing, or overtaking the other vessel. handling operations have been com- [CGD11–94–007, 60 FR 16796, Apr. 3, 1995; 60 FR pleted at Weapons Support Facility 30157, June 7, 1995. Redesignated by USCG– Seal Beach Detachment Concord. 2001–9286, 66 FR 33642, June 25, 2001, as (d) Regulations. The general regula- amended by USCG–2003–15404, 68 FR 37741, tions governing safety and security June 25, 2003; CGD11–03–001, 69 FR 2843, Jan. 21, 2004; USCG–2005–21869, 80 FR 5336, Jan. 30, zones contained in both 33 CFR 165.23 2015] in 33 CFR 165.33 apply. Entry into, transit through, or anchoring within § 165.1182 Safety/Security Zone: San this moving safety/security zone is pro- Francisco Bay, San Pablo Bay, hibited unless authorized by Com- Carquinez Strait, and Suisun Bay, mander, Eleventh Coast Guard Dis- CA. trict, or his designated representative. (a) Regulated area. The following area [CGD11–98–005, 63 FR 38754, July 20, 1998. Re- is established as a moving safety/secu- designated by USCG–2001–9286, 66 FR 33642, rity zone: June 25, 2001] (1) All waters 200 yards ahead and astern and 100 yards to each side of § 165.1183 Security Zones; tankers, every vessel transporting nuclear ma- cruise ships, and High Value Assets, terials on behalf of the United States San Francisco Bay and Delta Ports, Department of Energy while such ves- Monterey Bay and Humboldt Bay, sels transit from a line drawn between California San Francisco Main Ship Channel (a) Definitions. The following defini- buoys 7 and 8 (LLNR 4190 & 4195, posi- tions apply to these sections— tions 37°46.9′ N, 122°35.4′ W & 37°46.5′ N, (1) Cruise ship means any vessel over 122°35.2′ W, respectively) until safely 100 gross register tons, carrying more moored at the Weapons Support Facil- than 500 passengers for hire which ity Seal Beach Detachment Concord on makes voyages lasting more than 24

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hours, of which any part is on the high south, in position 36°34.90′ N, 121°58.70′ seas. Passengers from cruise ships are W. embarked or disembarked in the U.S. (3) Humboldt Bay. All waters, extend- or its territories. Cruise ships do not ing from the surface to the sea floor, include ferries that hold Coast Guard within 500 yards (457 meters) ahead, Certificates of Inspection endorsed for astern and extending along either side ‘‘Lakes, Bays and Sounds’’ that transit of a tanker, cruise ship, or HVA under- international waters for only short pe- way (100 yards when anchored or riods of time on frequent schedules. moored) within the Humboldt Bay area (2) High Value Asset means any water- shoreward of a 4 nautical mile radius side asset of high value including mili- line drawn to the west of the Humboldt tary and commercial vessels, or com- Bay Entrance Lighted Whistle Buoy mercial vessels carrying CDC as de- HB (LLNR 8130) in position 40°46.25′ N, fined in 33 CFR 160.202, deemed by the 124°16.13′ W. Captain of Port, or higher authority, as (c) Regulations. (1) In accordance with requiring protection based upon risk the general regulations in § 165.33 of assessment analysis and is therefore this part, entry into or remaining in escorted by the Coast Guard or other this zone is prohibited unless author- law enforcement vessel with an em- ized by the Coast Guard Captain of the barked Coast Guard commissioned, Port, San Francisco Bay, or a des- warrant, or petty officer. ignated representative. (3) Tanker means any self-propelled (2) Mariners requesting permission to tank vessel constructed or adapted pri- transit through the security zone may marily to carry oil or hazardous mate- request authorization to do so from the 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 HVA underway (100 yards when an- [USCG–2010–1004, 76 FR 20845, Apr. 14, 2011, as amended by USCG–2005–21869, 80 FR 5336, chored or moored) within the San Jan. 30, 2015] Francisco Bay and areas shoreward of the line drawn between San Francisco § 165.1184 Safety Zone; Coast Guard Main Ship Channel buoys 7 and 8(LLNR Use of Force Training Exercises, 4190 & 4195) in positions 37°46.9′ N, San Pablo Bay, CA. 122°35.4′ W and 37°46.5′ N, 122°35.2′ W, re- (a) Location. This safety zone will spectively. apply to the navigable waters in the (2) Monterey Bay. All waters, extend- San Pablo Bay, and will encompass an ing from the surface to the sea floor, area beginning at position 38°01′44″ N, within 500 yards (457 meters) ahead, 122°27′06″ W; 38°04′36″ N, 122°22′06″ W; astern and extending along either side 38°00′35″ N, 122°26′07″ W; 38°03′00″ N, of a tanker, cruise ship, or HVA under- 122°20′20″ W (NAD 83) and back to the way (100 yards when anchored or starting point. moored) within the Monterey Bay area (b) Enforcement. The Coast Guard will shoreward of a line drawn between notify the public via a Broadcast No- Santa Cruz Light (LLNR 305) to the tice to Mariners prior to the activation north in position 36°57.10′ N, 122°01.60′ of this safety zone. The safety zone will W, and Cypress Point, Monterey to the be activated on average two times per

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month, but could be activated up to six waters in California are a Regulated times per month. It will be in effect for Navigation Area. approximately three hours from 9 a.m. (b) Definitions. ‘‘Liquefied hazardous to 11:59 p.m. If the exercises conclude gas (LHG)’’ is a liquid containing one prior to the scheduled termination or more of the products listed in Table time, the Coast Guard will cease en- 127.005 of 33 CFR 127.005 that is carried forcement of this safety zone and will in bulk on board a tank vessel as a liq- announce that fact via Broadcast No- uefied gas product. The hazards nor- tice to Mariners. Persons and vessels mally associated with these products may also contact the Coast Guard to include toxic or flammable properties determine the status of the safety zone or a combination of both. on VHF–16 or the 24-hour Command (c) Regulations. All vessels loaded Center via telephone at (415) 399–3547. with a cargo of liquefied hazardous gas (c) Definitions. As used in this sec- (LHG) within this Regulated Naviga- tion, designated representative means tion Area must proceed directly to a Coast Guard Patrol Commander, in- their intended cargo reception facility cluding a Coast Guard coxswain, petty to discharge their LHG cargo, unless: officer, or other officer operating a (1) The vessel is otherwise directed or Coast Guard vessel and a Federal, permitted by the Captain of the Port. State, and local officer designated by The Captain of the Port can be reached or assisting the Captain of the Port at telephone number (415) 399–3547 or on San Francisco (COTP) in the enforce- VHF-FM channel 16 (156.8 MHz). If per- ment of the safety zone. mission is granted, all persons and ves- (d) Regulations. (1) Under the general sels must comply with the instructions regulations in § 165.23, entry into, of the Captain of the Port or his or her transiting, or anchoring within the designated representative. safety zone is prohibited unless author- (2) The vessel is in an emergency sit- ized by the COTP or the COTP’s des- uation and unable to proceed as di- ignated representative. rected in paragraph (a) of this section (2) The safety zone is closed to all without endangering the safety of per- vessel traffic, except as may be per- sons, property, or the environment. mitted 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- contact the COTP or the COTP’s rep- land Bay Bridge, San Francisco resentative to obtain permission to do Bay, California. 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 vessels may request permission to Bay Bridge, in San Francisco Bay, enter the safety zone on VHF–16 or the California. 24-hour Command Center via telephone (b) Regulations. (1) In accordance with at (415) 399–3547. the general regulations in § 165.33 of [USCG–2009–0324, 76 FR 25550, May 5, 2011] this part, entry into these security zones is prohibited, unless doing so is § 165.1185 Regulated Navigation Area; necessary for safe navigation, to con- San Francisco Bay, San Pablo Bay, duct official business such as scheduled Carquinez Strait, Suisun Bay, Sac- maintenance or retrofit operations, or ramento River, San Joaquin River, unless specifically authorized by the and connecting waters in Cali- Captain of the Port San Francisco Bay fornia. or his designated representative. (a) Location. All waters of San Fran- (2) Persons desiring to transit the cisco Bay, San Pablo Bay, Carquinez area of the security zone may contact Strait, Suisun Bay, Sacramento River, the Captain of the Port at telephone San Joaquin River, and connecting number 415–399–3547 or on VHF-FM

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channel 16 (156.8 MHz) to seek permis- mately 50 yards into the Oakland Estu- sion to transit the area. If permission ary surrounding the Coast Guard Island is granted, all persons and vessels must Pier. The perimeter of the security comply with the instructions of the zone follows the same perimeter as the Captain of the Port or his or her des- floating security barrier installed ignated representative. around the Coast Guard Island pier. (c) Enforcement. All persons and ves- The perimeter of the security barrier is sels shall comply with the instructions located along the following coordi- of the Coast Guard Captain of the Port nates: commencing at a point on land or the designated on-scene patrol per- approximately 50 yards northwest of sonnel. Patrol personnel comprise com- the northwestern end of the Coast missioned, warrant, and petty officers Guard Island Pier at latitude of the Coast Guard onboard Coast 37°46′53.60″ N and longitude 122°15′06.10″ Guard, Coast Guard Auxiliary, local, W; thence to the edge of the navigable state, and federal law enforcement ves- channel at latitude 37°46′51.83″ N and sels. Upon being hailed by U.S. Coast longitude 122°15′07.47″ W; thence to a Guard patrol personnel by siren, radio, position approximately 10 yards into flashing light, or other means, the op- the charted navigation channel at lati- erator of a vessel shall proceed as di- tude 37°46′51.27″ N and longitude rected. 122°15′07.22″ W; thence closely paral- leling the edge of the charted naviga- [COTP San Francisco Bay 03–029, 69 FR 11316, ° ′ ″ Mar. 10, 2004] tion channel to latitude 37 46 46.75 N and longitude 122°15′00.21″ W; thence § 165.11881 Safety Zone; Old Mormon closely paralleling the edge of the Slough, Stockton California. charted navigation channel to a point (a) General. This safety zone is estab- approximately 20 yards into the lished to protect environmental reha- charted navigation channel at latitude bilitation efforts and prevent vessels 37°46′42.36″ N and longitude 122°14′51.55″ from disturbing the sediment cap at W; thence to a point on land approxi- Old Mormon Slough. mately 50 yards southeast of the south- (b) Regulation. All vessels and per- eastern end of the Coast Guard Island sonnel not associated with the EPA are Pier at latitude 37°46′44.80″ N and lon- prohibited from entering into and gitude 122°14′48.80″ W; thence northwest transiting Old Mormon Slough. Old along the shoreline back to the begin- Mormon Slough is defined as all waters ning point. Eastward from the connection of co- (b) Regulations. (1) Under § 165.33, ordinates 37°57′02.13″ North, 121°18′49.55″ entry into or remaining in this zone is West and 37°57′01.11″ North, 121°18′46.75″ prohibited unless authorized by the West (NAD 83). Coast Guard Captain of the Port, San (c) Each person in a safety zone who Francisco Bay, or his designated rep- has notice of a lawful order or direc- resentative. tion shall obey the order or direction of (2) Persons desiring to transit the the Captain of the Port (COTP) or Dis- area of the security zone may contact trict Commander issued to carry out the Captain of the Port at telephone the purposes of this subpart. number 415–399–3547 or on VHF-FM (d) The Coast Guard may be assisted channel 16 (156.8 MHz) to seek permis- in enforcing this rule by other Federal, sion to transit the area. If permission state, or local agencies. is granted, all persons and vessels must comply with the instructions of the [USCG–2013–0196, 78 FR 60220, Oct. 1, 2013. Re- Captain of the Port or his designated designated by USCG–2014–0410, 79 FR 38448, representative. July 7, 2014] (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]

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§ 165.1191 Northern California and (2) When hailed and/or signaled by an Lake Tahoe Area Annual Fireworks official patrol vessel, any spectator lo- Events. cated within a safety zone during all (a) General. Safety zones are estab- applicable effective dates and times lished for the events listed in Table 1 of shall come to an immediate stop. this section. Further information on (3) The Patrol Commander exact dates, times, and other details (PATCOM) is empowered to forbid and concerning the exact geographical de- control the movement of all vessels in 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.

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 lo- cated 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 Red- wood 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 approxi- mately 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 commence- ment 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.

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.

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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.

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 Wa- terfront 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 Pitts- burg Marina Pier.

14. Delta Independence Day Celebration Fireworks

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

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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.

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.

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.

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.

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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.

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. Increases to a 560-foot radius upon commence- ment 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- Latitude Longitude rounding San Francisco Inter- ° ′ ″ ° ′ ″ national Airport and Oakland Inter- 37 37 39 N 122 21 44 W 37°37′56″ N 122°21′51″ W national Airport, San Francisco 37°37′50″ N 122°22′20″ W Bay, California. 37°38′25″ N 122°22′54″ W ° ′ ″ ° ′ ″ (a) Locations. The following areas are 37 38 23 N 122 23 01 W security zones: (1) San Francisco International Airport and along the shoreline back to the be- Security Zone. This security zone in- ginning point. cludes all waters extending from the (2) Oakland International Airport Secu- surface to the sea floor within approxi- rity Zone. This security zone includes mately 200 yards seaward from the all waters extending from the surface shoreline of the San Francisco Inter- to the sea floor within approximately national Airport and encompasses all 200 yards seaward from the shoreline of waters in San Francisco Bay within a the Oakland International Airport and line connecting the following geo- encompasses all waters in San Fran- graphical positions— cisco Bay within a line connecting the following geographical positions— Latitude Longitude Latitude Longitude 37°36′19″ N 122°22′36″ W 37°36′45″ N 122°122′18″ W 37°43′35″ N 122°15′00″ W 37°36′26″ N 122°21′30″ W 37°43′40″ N 122°15′05″ W 37°36′31″ N 122°21′21″ W 37°43′34″ N 122°15′12″ W 37°36′17″ N 122°20′45″ W 37°43′24″ N 122°15′11″ W 37°36′37″ N 122°20′40″ W 37°41′54″ N 122°13′05″ W 37°36′50″ N 122°21′08″ W 37°41′51″ N 122°12′48″ W 37°37′00″ N 122°21′12″ W 37°41′53″ N 122°12′44″ W 37°37′21″ N 122°21′53″ W 37°41′35″ N 122°12′18″ W

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Latitude Longitude Sector Commander means the Com- manding Officer of Coast Guard Sector/ ° ′ ″ ° ′ ″ 37 41 46 N 122 12 08 W Air Station Humboldt Bay. 37°42′03″ N 122°12′34″ W 37°42′08″ N 122°12′32″ W Hazardous material means any of the 37°42′35″ N 122°12′30″ W materials or substances listed in 46 37°42′40″ N 122°12′06″ W CFR 153.40. Humboldt Bay Area means the area and along the shoreline back to the be- described in the location section of this ginning point. regulation. (b) Regulations. (1) Under § 165.33, en- Oil means oil of any kind or in any tering, transiting through, or anchor- form, including but not limited to, pe- ing in this zone is prohibited unless 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. (c) Enforcement. All persons and ves- (d) Regulations. (1) In addition to the sels shall comply with the instructions arrival and departure notification re- of the Coast Guard Captain of the Port quirements listed in title 33 CFR, part or the designated on-scene patrol per- 160, Ports and Waterways Safety—Gen- sonnel. Patrol personnel comprise com- eral, subpart C—Notifications of ‘‘Ar- missioned, warrant, and petty officers rivals, Departures, Hazardous Condi- of the Coast Guard onboard Coast tions, and Certain Dangerous Cargoes’’, Guard, Coast Guard Auxiliary, local, the owner, master, agent or person in state, and federal law enforcement ves- charge of a vessel to which this notice sels. Upon being hailed by U.S. Coast applies shall obtain permission to cross Guard patrol personnel by siren, radio, within four hours of crossing the Hum- flashing light, or other means, the op- boldt Bay Bar. Between 6:30 a.m. and 10 erator of a vessel shall proceed as di- p.m., notification/requests for permis- rected. sion can be made to Station Humboldt [COTP San Francisco Bay 03–009, 69 FR 34282, Bay on VHF-FM Channel 16, or at (707) June 21, 2004] 443–2213. If between 10 p.m. and 6:30 a.m., or if unable to reach the Station, § 165.1195 Regulated Navigation Area; notification/requests for permission Humboldt Bay Bar Channel and can be made directly to Sector/Air Sta- Humboldt Bay Entrance Channel, tion Humboldt Bay on VHF-FM Chan- Humboldt Bay, California. nel 16 or at (707) 839–6113. (a) Location. The Regulated Naviga- (2) Permission for a bar crossing by tion Area (RNA) includes all navigable vessels or towing vessels and their tows waters of the Humboldt Bay Bar Chan- to which this regulation applies is de- nel and the Humboldt Bay Entrance pendent on environmental and safety Channel, Humboldt Bay, California. factors, including but not limited to: (b) Definitions. As used in this sec- Sea state, winds, visibility, size and tion— type of vessel or tow, wave period, time COTP means the Captain of the Port of day/night, and tidal currents. The as defined in Title 33, Code of Federal final decision to close the bar rests Regulations, Section 1.01–30 and 3.55–20. with Humboldt Bay Sector Commander Sector means Coast Guard Sector/Air or his designated representative. At a Station Humboldt Bay. minimum, Humboldt Bay Bar Channel

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crossings by vessels subject to this ad- Commander or his designated rep- visory will generally not be permitted resentative to be escorted by a Coast unless all of the following conditions Guard vessel during their transit. In exist: Proper permission to cross has addition, if a vessel master, agent, or been received, sea conditions at the bar pilot has concerns about the safety of a are less than 6 feet, winds at the bar vessel’s transit through the Humboldt are less than 30 knots, the transit will Bay Entrance Channel, a Coast Guard take place during daylight hours, the escort may be requested. Requests for vessel has only a single tow or no tow, an escort should be directed to Station the visibility at the bar is greater than on VHF-FM channel 16 or at (707) 443– 1,000 yards, and the vessel and tow are 2213 between 6:30 a.m. and 10 p.m., or to in proper operating condition. Sector on VHF-FM channel 16 or at (3) If the bar is closed to vessels to (707) 839–6113 if between 10 p.m. and 6:30 which this regulation applies, waiver a.m. requests will be accepted within four (e) Enforcement. Acting as a rep- hours of crossing the entrance channel. resentative of the Captain of the Port, If the waiver request is made between the Humboldt Bay Sector Commander 6:30 a.m. and 10 p.m., the request will enforce this regulation and has the should be made to Station Humboldt authority to take steps necessary to Bay on VHF-FM Channel 16, or at (707) ensure the safe transit of vessels in 443–2213. If between 10 p.m. and 6:30 Humboldt Bay. The Sector Commander a.m., or if unable to reach the Station, can enlist the aid and cooperation of the request can be made directly to any Federal, State, county, and munic- Sector/Air Station Humboldt Bay on ipal agency to assist in the enforce- VHF-FM Channel 16 or at (707) 839–6113. ment of the regulation. All persons and Waiver requests must be made by the vessels shall comply with the instruc- vessel master and must provide the fol- tions of the Sector Commander or the lowing: A description of the proposed designated on-scene patrol personnel. operation, the conditions for which the Patrol personnel comprise commis- waiver is requested, the reasons for re- sioned, warrant, and petty officers of questing the waiver, the reasons that the Coast Guard onboard Coast Guard, the requester believes the proposed op- Coast Guard Auxiliary, local, State, eration can be accomplished safely, and Federal law enforcement vessels. and a callback phone number. The Sta- Upon being hailed by U.S. Coast tion or Sector Watchstander receiving Guard patrol personnel by siren, radio, the request will brief the Officer in flashing light, or other means, the op- Charge of the Station who will then erator of a vessel shall proceed as di- brief the Sector Commander. The au- rected. thority to grant waivers rests with the [CGD11–05–006, 70 FR 49492, Aug. 24, 2005] Sector Commander or his designated representative. § 165.1197 Security Zones; San Fran- (4) In addition to the requirements in cisco Bay, San Pablo Bay, paragraphs (d)(1)–(3) of this section, Carquinez Strait, Suisun Bay, Cali- vessels transporting liquefied haz- fornia. ardous gases or compressed hazardous (a) Locations. The following areas are gases in bulk as cargo into or out of security zones: Humboldt Bay are required to be aided (1) Chevron Long Wharf, San Francisco by two assist tugs. If the vessel car- Bay. This security zone includes all rying the gases is towed, the assist tug waters extending from the surface to requirement is in addition to the tow- the sea floor within approximately 100 ing tug. The assist tugs shall escort the yards of the Chevron Long Wharf, vessel through its transit and must be Richmond, CA, and encompasses all stationed so as to provide immediate waters in San Francisco Bay within a assistance in response to the loss of line connecting the following geo- power or steering of the cargo vessel, graphical positions— its towing tug, or loss of control over the tow. Latitude Longitude (5) Vessels to which this regulation 37°55′52.2″ N 122°24′04.7″ W applies may be required by the Sector 37°55′41.8″ N 122°24′07.1″ W

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Latitude Longitude Latitude Longitude

37°55′26.8″ N 122°24′35.9″ W 38°02′03.1″ N 122°07′11.9″ W 37°55′47.1″ N 122°24′55.5″ W 38°02′05.6″ N 122°07′18.9″ W 37°55′42.9″ N 122°25′03.5″ W 38°02′07.9″ N 122°07′14.9″ W 37°55′11.2″ N 122°24′32.8″ W 38°02′13.0″ N 122°07′19.4″ W ° ′ ″ ° ′ ″ 37 55 14.4 N 122 24 27.5 W 38°02′05.7″ N 122°07′35.9″ W ° ′ ″ ° ′ ″ 37 55 19.7 N 122 24 23.7 W 38°02′00.5″ N 122°07′31.1″ W ° ′ ″ ° ′ ″ 37 55 22.2 N 122 24 26.2 W 38°02′01.8″ N 122°07′27.3″ W 37°55′38.5″ N 122°23′56.9″ W 38°01′55.0″ N 122°07′11.0″ W 37°55′47.8″ N 122°23′53.3″ W

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

Latitude Longitude Latitude Longitude ° ′ ″ ° ′ ″ 38°03′06.0″ N 122°15′32.4″ W 38 02 37.6 N 122 07 51.5 W ° ′ ″ ° ′ ″ 38°03′20.7″ N 122°15′35.8″ W 38 02 34.7 N 122 07 48.9 W 38°03′21.8″ N 122°15′29.8″ W 38°02′44.1″ N 122°07′34.9″ W 38°03′29.1″ N 122°15′31.8″ W 38°02′48.0″ N 122°07′37.9″ W 38°03′23.8″ N 122°15′55.8″ W 38°02′47.7″ N 122°07′42.1″ W 38°03′16.8″ N 122°15′53.2″ W 38°03′18.6″ N 122°15′45.2″ W 38°03′04.0″ N 122°15′42.0″ W and along the shoreline back to the be- ginning point. and along the shoreline back to the be- (6) Avon Pier, Suisun Bay. This secu- ginning point. rity zone includes all waters extending (3) Shell Terminal, Carquinez Strait. from the surface to the sea floor within This security zone includes all waters approximately 100 yards of the Avon extending from the surface to the sea Pier, Martinez, CA, and encompasses floor within approximately 100 yards of all waters in Suisun Bay within a line the Shell Terminal, Martinez, CA, and connecting the following geographical encompasses all waters in San Pablo positions— Bay within a line connecting the fol- Latitude Longitude lowing geographical positions— 38°02′24.6″ N 122°04′52.9″ W Latitude Longitude 38°02′54.0″ N 122°05′19.5″ W 38°02′55.8″ N 122°05′16.1″ W 38°01′39.8″ N 122°07′40.3″ W 38°03′02.1″ N 122°05′19.4″ W ° ′ ″ ° ′ ″ 38 01 54.0 N 122 07 43.0 W 38°02′55.1″ N 122°05′42.6″ W ° ′ ″ ° ′ ″ 38 01 56.9 N 122 07 37.9 W 38°02′48.8″ N 122°05′39.2″ W ° ′ ″ ° ′ ″ 38 02 02.7 N 122 07 42.6 W 38°02′52.4″ N 122°05′27.7″ W ° ′ ″ ° ′ ″ 38 01 49.5 N 122 08 08.7 W 38°02′46.5″ N 122°05′22.4″ W 38°01′43.7″ N 122°08′04.2″ W 38°01′50.1″ N 122°07′50.5″ W 38°01′36.3″ N 122°07′47.6″ W and along the shoreline back to the be- ginning point. and along the shoreline back to the be- (b) Regulations. (1) In accordance with ginning point. the general regulations in § 165.33, (4) Amorco Pier, Carquinez Strait. This entry into the security zones described security zone includes all waters ex- in paragraph (a) of this section is pro- tending from the surface to the sea hibited, unless specifically authorized floor within approximately 100 yards of by the Captain of the Port San Fran- the Amorco Pier, Martinez, CA, and en- cisco Bay, or his designated representa- compasses all waters in the Carquinez tive. Strait within a line connecting the fol- (2) Persons desiring to transit the lowing geographical positions— area of a security zone may contact the

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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 comprise commissioned, warrant, and [COTP San Francisco Bay 05–007, 71 FR 12138, petty officers of the Coast Guard on- Mar. 9, 2006] board Coast Guard, Coast Guard Auxil- iary, local, state, and federal law en- § 165.1198 Safety zone; Military Ocean forcement vessels. The U.S. Coast Terminal Concord Safety Zone, Guard may be assisted in the patrol Suisun Bay, Military Ocean Ter- and enforcement of the safety zone by minal Concord, CA. local law enforcement and the MOTCO (a) Location. This safety zone is es- police as necessary. Upon being hailed tablished in the navigable waters of by U.S. Coast Guard patrol personnel Suisun Bay near Military Ocean Ter- by siren, radio, flashing light, or other minal Concord, CA (MOTCO) as de- means, the operator of a vessel must picted in National Oceanic and Atmos- proceed as directed. pheric Administration (NOAA) Chart 18656. Upon commencement of military [USCG–2012–1008, 78 FR 5720, Jan. 28, 2013] onloads and offloads, the safety zone § 165.1199 Security Zones; Military will encompass the navigable waters in Ocean Terminal Concord (MOTCO), the area between 500 yards of MOTCO Concord, California. ° ′ ″ ° ′ ″ Pier 2 in position 38 03 30 N, 122 01 14 (a) Location. The security zone(s) en- W (NAD 83) as depicted in National compass the navigable waters of Oceanic and Atmospheric Administra- Suisun Bay, California, extending from tion (NOAA) Chart 18656 (the perimeter the surface to the sea floor, within 500 of the existing security zone) and 3,000 yards of the three Military Ocean Ter- yards of the pier. minal Concord (MOTCO) piers in Con- (b) Enforcement period. The zone de- cord, California. scribed in paragraph (a) of this section (b) Regulations. (1) The Captain of the will be enforced during all military Port (COTP) San Francisco Bay will onload and offload operations. The Cap- enforce the security zone(s) established tain of the Port San Francisco (COTP) by this section during military onload will notify the maritime community of or offload operations only upon notice. periods during which this zone will be Upon notice of enforcement by the enforced via actual notice on-scene COTP, entering, transiting through or during military onloads and offloads. anchoring in the zone(s) is prohibited (c) Regulations. (1) The safety zone is unless authorized by the COTP or his open to all persons and vessels for tran- designated representative. Upon notice sitory use. of suspension of enforcement by the (2) Persons and vessels operating COTP, all persons and vessels are within the safety zone may not anchor granted general permissions to enter, or otherwise loiter within the safety transit, and exit the security zone(s). zone. (2) If more than 1 pier is involved in (3) Vessel operators desiring to an- onload or offload operations at the chor or otherwise loiter within the same time, the 500-yard security zone safety zone must contact Sector San for each involved pier will be enforced. Francisco Vessel Traffic Service at (3) Persons desiring to transit the (415) 556–2760 or VHF Channel 14 to ob- area of a security zone may contact the tain permission. Patrol Commander on scene on VHF-

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FM channel 13 or 16 or the COTP at TWELFTH COAST GUARD DISTRICT telephone number 415–399–3547 to seek [RESERVED] permission to transit the area. If per- mission is granted, all persons and ves- THIRTEENTH COAST GUARD DISTRICT sels must comply with the instructions § 165.T13–239 Safety Zone; Grain-Ship- of the COTP or his designated rep- ment Vessels and Grain-Shipment resentative. Assist Vessels, Columbia and Wil- (c) Enforcement. All persons and ves- lamette Rivers. sels must comply with the instructions (a) Definitions. As used in this sec- of the Coast Guard Captain of the Port tion: or the designated on-scene patrol per- (1) Federal Law Enforcement Officer sonnel. Patrol personnel comprise com- means any employee or agent of the missioned, warrant, and petty officers United States government who has the of the Coast Guard onboard Coast authority to carry firearms and make Guard, Coast Guard Auxiliary, local, warrantless arrests and whose duties state, and federal law enforcement ves- involve the enforcement of criminal sels. The U.S. Coast Guard may be as- laws of the United States. (2) Navigable waters of the United sisted in the patrol and enforcement of States means those waters defined as the security zones by local law enforce- such in 33 CFR part 2. ment and the MOTCO police as nec- (3) Navigation Rules means the Inter- essary. Upon being hailed by U.S. Coast national Regulations for Preventing Guard patrol personnel by siren, radio, Collisions at Sea, 1972 (commonly flashing light, or other means, the op- called 72 COLREGS) and the Inland erator of a vessel must proceed as di- Navigation Rules published in 33 CFR rected. part 83. (d) Notice of enforcement or suspension (4) Official Patrol means those persons of enforcement of security zone(s). The designated by the Captain of the Port COTP San Francisco Bay will cause no- to monitor a vessel safety zone, permit tification of enforcement of the secu- entry into the zone, give legally en- rity zone(s) to be made by issuing a forceable orders to persons or vessels Local Notice to Mariners and a Broad- within the zone and take other actions cast Notice to Mariners to inform the authorized by the Captain of the Port. affected segments of the public. During Federal Law Enforcement Officers au- periods that the security zone(s) are thorized to enforce this section are des- ignated as the Official Patrol. being enforced, Coast Guard patrol per- (5) Public vessel means vessels owned, sonnel will notify mariners to keep out chartered, or operated by the United of the security zone(s) as they ap- States, or by a State or political sub- proach the area. In addition, Coast division thereof. Guard Sector San Francisco Bay main- (6) Grain-shipment vessel means any tains a telephone line that is main- vessel bound for or departing or having tained 24 hours a day, 7 days a week. previously loaded cargo at any of the The public can contact Sector San following waterfront facilities: Colum- Francisco Bay at (415) 399–3530 to ob- bia Grain in Portland, OR, United tain information concerning enforce- Grain Corporation in Vancouver, WA, ment of this rule. When the security Temco Irving in Portland, OR, Temco zone(s) are no longer needed, the COTP Kalama in Kalama, WA, or Louis Drey- will cease enforcement of the security fus Commodities in Portland, OR. This zone(s) and issue a Broadcast Notice to includes any vessel leaving anchor in Mariners to notify the public. Upon no- the Columbia and Willamette Rivers tice of suspension of enforcement, all that is bound for or had previously de- persons and vessels are granted general parted from the aforementioned water- permissions to enter, move within and front facilities. exit the security zone(s). (7) Grain-shipment assist vessel means any vessel bound for or departing from [COTP San Francisco Bay 04–007, 70 FR 3301, a grain-shipment vessel to assist it in Jan. 24, 2005] navigation during the movement of the grain-shipment vessel in the Columbia

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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 Columbia and Willamette Rivers and (2) To request authorization to enter their tributaries. or operate within the safety zone con- (3) Within a maximum 200-yard ra- tact the on-scene official patrol on dius of grain-shipment vessels when an- VHF–FM channel 16 or 13, or the Sector chored, at any berth, moored, or in the Columbia River Command Center at process of mooring on the Columbia phone number (503) 861–6211. Authoriza- and Willamette Rivers. tion will be granted based on the neces- (c) Effective Period. This section is ef- sity of access and consistent with safe fective as to persons with actual notice navigation. starting August 30, 2013. This rule is ef- (3) Vessels authorized to enter or op- fective starting on its publication in erate within the safety zone shall oper- the FEDERAL REGISTER September 18, ate at the minimum speed necessary to 2013 for purposes of 5 U.S.C. 552. This maintain a safe course and shall pro- rule will be in effect until September ceed as directed by the on-scene offi- 18, 2015 and will be activated for en- cial patrol. The Navigation Rules shall forcement as described in paragraph (d) apply at all times within the safety of this section. zone. (d) Notice of Enforcement. (1) The Sec- (4) Maneuver-restricted vessels. When tor Columbia River Captain of the Port conditions permit, the on-scene official will cause notice of the enforcement of patrol, or a designated representative the grain-shipment and grain-shipment of the Captain of the Port at the Sector assist vessels safety zone to be made by Columbia River Command Center, all appropriate means to effect the should: widest publicity among the affected (i) Permit vessels constrained by segments of the public as practicable, their navigational draft or restricted in in accordance with 33 CFR 165.7. This their ability to maneuver to enter or notification of enforcement will iden- operate within the safety zone in order tify the grain-shipment vessel by name to ensure a safe passage in accordance and IMO number and the grain-ship- with the Navigation Rules; and

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(ii) Permit commercial vessels an- (2) Navigable waters of the United chored in a designated anchorage area States means those waters defined as to remain at anchor within the safety such in 33 CFR part 2. zone; and (3) Navigation Rules means the Inter- (iii) Permit vessels that must transit national Regulations for Preventing via a navigable channel or waterway to Collisions at Sea, 1972 (commonly enter or operate within the safety zone called 72 COLREGS) and the Inland in order to do so. Navigation Rules published in 33 CFR (f) Exemption. Public vessels as de- Part 83. fined in paragraph (a) of this section (4) Official Patrol means those persons are exempt from complying with para- designated by the Captain of the Port graph (e) of this section. to monitor a vessel safety zone, permit (g) Enforcement. Any Coast Guard entry into the zone, give legally en- commissioned, warrant, or petty offi- forceable orders to persons or vessels cer may enforce the rules in this sec- within the zone and take other actions tion. In the navigable waters of the authorized by the Captain of the Port. United States to which this section ap- Federal Law Enforcement Officers au- plies, when immediate action is re- thorized to enforce this section are des- quired and representatives of the Coast ignated as the Official Patrol. Guard are not present or are not (5) Public vessel means vessels owned, present in sufficient force to provide chartered, or operated by the United effective enforcement of this section, States, or by a State or political sub- any Federal Law Enforcement Officer, division thereof. Oregon Law Enforcement Officer, or (6) Grain-shipment vessel means any Washington Law Enforcement Officer vessel bound for, departing from, or may enforce the rules contained in this having previously loaded cargo at any section pursuant to 46 U.S.C. 70118. In of the following waterfront facilities: Columbia Grain in Portland, OR, addition, the Captain of the Port may United Grain Corporation in Van- be assisted by other federal, state, or couver, WA, Temco Irving in Portland, local agencies in enforcing this section. OR, Temco Kalama in Kalama, WA, or (h) Waiver. The Captain of the Port Louis Dreyfus Commodities in Port- Columbia River may waive any of the land, OR. This includes any vessel leav- requirements of this section for any ing anchor in the Columbia and Wil- vessel or class of vessels upon finding lamette Rivers that is bound for or had that operational conditions or other previously departed from the afore- circumstances are such that applica- mentioned waterfront facilities. tion of this section is unnecessary or (7) Grain-shipment assist vessel means impractical for the purpose of port any vessel bound for or departing from safety or environmental safety. a grain-shipment vessel to assist it in EFFECTIVE DATE NOTE: By USCG–2013–0010, navigation during the movement of the 78 FR 57263, Sept. 18, 2013, temporary grain-shipment vessel in the Columbia § 165.T13–239 was revised, effective from Sept. and Willamette Rivers and their tribu- 18, 2013, until Sept. 18, 2015. taries. This includes but is not limited to tugs, pilot boats, and launches. § 165.T13–240 Safety Zones; Pacific (8) Oregon Law Enforcement Officer Northwest Grain Handlers Associa- means any Oregon Peace Officer as de- tion Facilities; Columbia and Wil- fined in Oregon Revised Statutes sec- lamette Rivers. tion 161.015. (a) Definitions. As used in this sec- (9) Washington Law Enforcement Offi- tion: cer means any General Authority (1) Federal Law Enforcement Officer Washington Peace Officer, Limited Au- means any employee or agent of the thority Washington Peace Officer, or United States government who has the Specially Commissioned Washington authority to carry firearms and make Peace Officer as defined in Revised warrantless arrests and whose duties Code of Washington section 10.93.020 involve the enforcement of criminal (b) Locations. The following areas are laws of the United States. safety zones:

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(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 Sector Columbia River Captain of the unless authorized by the Sector Colum- Port Zone enclosed by three lines and bia River Captain of the Port, the offi- the shoreline: line one starting on the cial patrol, or other designated rep- shoreline at 45–59′10″ N/122–50′09″ W then resentatives of the Captain of the Port. heading 150 yards offshore to 45–59′09″ (2) To request authorization to enter N/122–50′14″ W then heading up river 385 or operate within the safety zone con- yards to 45–58′58″ N/122–50′07″ W then tact the on-scene official patrol on heading 150 yards to the shoreline end- VHF–FM channel 16 or 13, or the Sector ing at 45–59′00″ N/122–50′01″ W. Columbia River Command Center at (5) Louis Dreyfus Commodities. All nav- phone number (503) 861–6211. Authoriza- igable waters of the United States tion will be granted based on the neces- within the Sector Columbia River Cap- sity of access and consistent with safe tain of the Port Zone enclosed by three navigation. lines and the shoreline: line one start- (3) Vessels authorized to enter or op- ing on the shoreline at 45–31′49″ N/122– erate within the safety zone shall oper- 40′15″ W then heading 70 yards offshore ate at the minimum speed necessary to to 45–31′48″ N/122–40′17″ W then heading maintain a safe course and shall pro- up river 300 yards to 45–31′41″ N/122– ceed as directed by the on-scene offi- 40′09″ W then heading 100 yards to the cial patrol. The Navigation Rules shall shoreline ending at 45–31′43″ N/122–40′06″ apply at all times within the safety W. zone. (c) Effective period. This section is ef- (4) When conditions permit, the on- fective without actual notice from No- scene official patrol, or a designated

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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 addition, the Captain of the Port may watch, are highly encouraged to main- be assisted by other federal, state, or tain a listening watch on the Puget local agencies in enforcing this section. Sound Vessel Traffic Service (PSVTS) (h) Waiver. The Captain of the Port VHF-FM radio frequency for the area Columbia River may waive any of the in which the vessel is operating. A safe requirements of this section for any alternative to the radio listening vessel or class of vessels upon finding watch is to stay clear of the TSS and that operational conditions or other connecting precautionary area. circumstances are such that applica- (2) Vessels engaged in gill net fishing tion of this section is unnecessary or at any time between sunset and sunrise impractical for the purpose of port in any of the waters defining the regu- safety or environmental safety. lated navigation are of this section shall, in addition to the navigation EFFECTIVE DATE NOTE: By USCG–2013–0011, 78 FR 70861, Nov. 27, 2013, temporary lights and shapes required by Part 81 of § 165.T13–240 was added, effective from Nov. this title (72 COLREGS), display at the 27, 2013 until Nov. 27, 2015. end of the net most distant from the vessel on all-round (32-point) white § 165.1301 Puget Sound and Adjacent light visible for a minimum of two nau- Waters in Northwestern Wash- tical miles and displayed from at least ington—Regulated Navigation Area. three feet above the surface of the The following is a regulated naviga- water. tion area—All of the following north- (3) Vessels engaged in fishing, includ- western Washington waters under the ing gillnet and purse seine fishing, are

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prohibited in the following Prohibited prohibited in the following Prohibited Fishing Area: The Hood Canal Bridge, Fishing Area: Edmonds/Kingston ferry to include the waters within a one-half crossing lanes, to include the waters nautical mile radius of the center of within one-quarter nautical mile on ei- the main ship channel draw span dur- ther side of a straight line connecting ing the immediate approach and tran- the Edmonds and Kingston ferry land- sit of the draw by public vessels of the ings during the hours that the ferry is United States. operating. (4) East of New Dungeness, vessels (e) Authorization to deviate from engaged in fishing in a traffic lane or this section. connecting precautionary area shall (1) Commander, Thirteenth Coast tend nets or other gear placed in the Guard District may, upon written re- water so as to facilitate the movement quest, issue an authorization to deviate of the vessel or gear from the traffic from this section if the proposed devi- lane or precautionary area upon the ation provides a level of safety equiva- approach of a vessel following the TSS. lent to or beyond that provided by the (d) Congested Regulations: The provi- required procedure. An application for sions under this paragraph apply only authorization must state the need for when imposed in specific locations by the deviation and describe the proposed Puget Sound Vessel Traffic Service. alternative operation. They are intended to enhance vessel (2) PSVTS may, upon verbal request, traffic safety during periods and in lo- authorize a deviation from this section cations where hazardous levels of ves- for a voyage, or part of a voyage, if the sel traffic congestion are deemed to proposed deviation provides a level of exist by Puget Sound Vessel Traffic safety equivalent to or beyond that Service. Operations potentially cre- provided by the required procedure. ating vessel traffic congestion include, The deviation request must be made but are not limited to, vessels engaged well in advance to allow the requesting in fishing, including gillnet or purse vessel and the Vessel Traffic Center seine, recreational fishing derbies, re- (VTC) sufficient time to assess the gattas, or permitted marine events. safety of the proposed deviation. Dis- (1) Vessels engaged in fishing or cussions between the requesting vessel other operations—that are distinct and the VTC should include, but are from vessels following a Traffic Sepa- not limited to, information on vessel ration Scheme (TSS) or a connecting handling characteristics, traffic den- precautionary area east of New Dunge- sity, radar contracts, and environ- ness, may not remain in, nor their gear mental conditions. remain in, a traffic lane or a con- (3) In an emergency, the master, necting precautionary area east of New pilot, or person directing the move- Dungeness when a vessel following a ment of the vessel following the TSS TSS approaches. Such vessels not fol- may deviate from this section to the lowing a TSS or a connecting pre- extent necessary to avoid endangering cautionary area shall draw in their persons, property, or the environment, gear, maneuver, or otherwise clear and shall report the deviation to the these areas so that their action is com- VTC as soon as possible. plete at least fifteen minutes before [CGD 13–98–002, 63 FR 7708, Feb. 17, 1998] the arrival of a vessel following the TSS. Vessels which are required by this § 165.1302 Bangor Naval Submarine paragraph to remain clear of a con- Base, Bangor, WA. necting precautionary area east of New (a) Location. The following is a secu- Dungeness or a traffic lane must also rity zone: The waters of the Hood remain clear of the adjacent separation Canal encompassed by a line com- zone when in a TSS east of New Dunge- mencing on the east shore of Hood ness. Canal at latitude 47°43′17″ N., longitude (2) A vessel following the TSS may 122°44′44″ W., thence to latitude 47°43′32″ not exceed a speed of 11 knots through N., longitude 122°44′40″ W.; thence to the water. latitude 47°43′50″ N., longitude 122°44′40″ (3) Vessels engaged in fishing, includ- W.; thence to latitude 47°44′24″ N., lon- ing gillnet and purse seine fishing, are gitude 122°44′22″ W.; thence to latitude

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47°45′47″ N., longitude 122°43′22″ W.; (d) Enforcement. The U.S. Coast thence to latitude 47°46′23″ N., lon- Guard may be assisted in the patrol gitude 122°42′42″ W.; thence to latitude and monitoring of this security zone by 47°46′23″ N., longitude 122°42′20″ W.; the U.S. Navy. thence to latitude 47°46′20″ N., lon- gitude 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 ting their operation in the security is depicted on National Oceanic and At- zone from the Security Office, Naval mospheric Administration (NOAA) Submarine Base Bangor. This written nautical charts, except precautionary exemption shall state the date(s) on ‘‘RB’’ (a circular area of 2,500 yards ra- which it is effective and may contain dius centered at 48–26′24″ N., 122–45′12″ any further restrictions on vessel oper- W.), must keep the center of the pre- ations within the security zone as have cautionary area to port. been previously agreed upon by the Captain of the Port and Commanding NOTE: The center of precautionary area ‘‘RB’’ is not marked by a buoy. Officer, Naval Submarine Base Bangor. The certificate of exemption shall be (2) The Puget Sound Vessel Traffic maintained on board the exempted ves- Service (PSVTS) may, upon verbal re- sel so long as such vessel is operating quest, authorize a onetime deviation in the security zone. from paragraph (c)(1) of this section for (2) Any vessel authorized to enter or a voyage, or part of a voyage, if the remain in the security zone may an- proposed deviation provides a level of chor in the security zone anchorage. safety equivalent to or beyond that (3) Other vessels desiring access to provided by the required procedure. this zone shall secure permission from The deviation request must be made the Captain of the Port through the Se- well in advance to allow the requesting curity Office of the Naval Submarine vessel and the Vessel Traffic Center Base Bangor. The request shall be for- (VTC) sufficient time to assess the warded in a timely manner to the Cap- safety of the proposed deviation. Dis- tain of the Port by the appropriate cussions between the requesting vessel Navy official. and the VTC should include, but are

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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 VTC as soon as possible. zone [Datum NAD 1983]. (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. § 165.1305 Commencement Bay, Ta- (c) Regulation. In accordance with the coma, WA. general regulations in § 165.23 of this (a) Location. The following area is a part, entry into this safety zone is pro- safety zone for the Tacoma Freedom hibited unless authorized by the Cap- Fair Air Show: All portions of Com- tain of the Port, puget sound, Seattle, mencement Bay bounded by the fol- WA. lowing coordinates: Latitude 47°17′38″ N, Longitude 122°28′43 W; thence south [CGD13–95–007, 60 FR 61482, Nov. 30, 1995, as easterly to Latitude 47°17′4″ N, Lon- amended by CGD13–97–015, 62 FR 39445, July 23, 1997] gitude 122°27′32″ W; thence south west- ° ′ ″ erly to Latitude 47 16 35 N, Longitude § 165.1308 Columbia River, Vancouver, ° ′ ″ 122 28 1 W; thence north westerly along WA. the shoreline to Latitude 47°17′10″ N, Longitude 122°29′14″ W; thence return- (a) Location. The following area is a ing to the origin. This safety zone re- safety zone: All waters of the Columbia sembles a rectangle protruding from River at Vancouver, Washington, the shoreline along Ruston Way. Float- bounded by a line commencing at the ing markers will be placed by the spon- northern base of the Interstate 5 high- sor of the event to delineate the bound- way bridge at latitude 45°37′17″ N, lon- aries of the safety zone. gitude 122°40′22″ W; thence south along (b) Effective dates. This section is ef- the Interstate 5 highway bridge to lati- fective annually on July the fourth tude 45°37′03″ N, longitude 122°40′32″ W; from 2 p.m. to 12:30 a.m. July the fifth thence to latitude 45°36′28″ N, longitude unless otherwise specified by FEDERAL 122°38′35″ W; thence to Ryan’s Point at REGISTER notice. latitude 45°36′42″ N, longitude 122°38′35″ (c) Regulation. In accordance with the W; thence along the Washington shore- general regulations in § 165.23 of this line to the point of origin. [Datum: part, entry into this safety zone is pro- NAD 83]. hibited unless authorized by the Cap- tain of the Port, Puget Sound, Seattle, (b) Effective dates. This section is ef- WA. fective annually on July fourth from 9 p.m. to 11 p.m. (PDT) unless otherwise [CGD13–95–009, 60 FR 61481, Nov. 30, 1995, as specified by FEDERAL REGISTER notice. amended by USCG–2011–0197, 76 FR 31855, June 2, 2011] (c) Regulation. In accordance with the general regulations in § 165.23 of this § 165.1307 Elliott Bay, Seattle, WA. part, entry into this safety zone is pro- (a) Location. The following area is a hibited unless authorized by the Cap- safety zone: All portions of Elliott Bay tain of the Port Columbia River. bounded by the following coordinates: [CGD13–95–055, 61 FR 18949, Apr. 30, 1996, as Latitude 47°37′22″ N, Longitude amended by USCG–2010–0351, 75 FR 48565, 122°22′06″ W; thence to Latitude 47°37′06″ Aug. 11, 2010] N, Longitude 122°21′45″ W; thence to Latitude 47°36′54″ N, Longitude

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§ 165.1309 Eagle Harbor, Bainbridge N, 124°42.1′ W northward along the Island, WA. mainland shoreline of Washington (a) Regulated area. A regulated navi- State to Cape Flattery and thence gation area is established on that por- eastward along the mainland shoreline tion of Eagle Harbor bounded by a line of Washington State to 48°22′ N, 124°34′ beginning at: 47°36′56″ N, 122°30′36″ W; W; thence due north to 48°24.55′ N, thence to 47°37′11″ N, 122°30′36″ W; 124°34′ W; thence northwesterly to thence to 47°37′25″ N, 122°30′17″ W; 48°27.1′ N, 124°41.7′ W; thence due west thence to 47°37′24″ N, 122°30′02″ W; to 48°27.1′ N, 124°45.5′ W; thence south- thence to 47°37′16″ N, 122°29′55″ W; westerly to 48°20.55′ N, 124°51.05′ W, thence to 47°37′03″ N, 122°30′027sec; W; thence west south west to 48°18.0′ N thence returning along the shoreline to 124°59.0′ W, thence due south to 48°02.25′ point of origin. [Datum NAD 1983]. N, 124°59.0′ W) thence due east back to (b) Regulations. All vessels and per- the shoreline of Washington at 48°02.25′ sons are prohibited from anchoring, N, 124°42.1′ W. Datum: NAD 1983. dredging, laying cable, dragging, (b) During a whale hunt, while the seining, bottom fishing, conducting international numeral pennant five (5) salvage operations, or any other activ- is flown by a Makah whale hunt vessel, ity which could potentially disturb the the following area within the RNA is a seabed in the designated area. Vessels Moving Exclusion Zone: The column of may otherwise transit or navigate water from the surface to the seabed within this area without reservation. with a radius of 500 yards centered on (c) Waiver. The Captain of the Port, the Makah whale hunt vessel dis- Puget Sound, upon advice from the playing international numeral pennant U.S. EPA Project Manager and the five (5). This Moving Exclusionary Washington State Department of Nat- Zone is activated only when surface ural Resources, may, upon written re- visibility exceeds one nautical mile, quest, authorize a waiver from this sec- between sunrise and sunset, and the tion if it is determined that the pro- Makah whale hunt vessel displays the posed operation supports USEPA reme- international numeral pennant five (5). dial objectives, or can be performed in The Moving Exclusionary Zone is de- a manner that ensures the integrity of activated upon sunset, visibility is re- the sediment cap. A written request duced to less than one nautical mile, or must describe the intended operation, when the Makah hunt vessel strikes state the need, and describe the pro- international numeral pennant five (5). posed precautionary measures. Re- (c) Unless otherwise authorized by quests should be submitted in trip- the Commander, Thirteenth Coast licate, to facilitate review by U.S. Guard District or his or her representa- EPA, Coast Guard, and Washington tive, no person or vessel may enter the State Agencies. USEPA managed reme- active Moving Exclusionary Zone ex- dial design, remedial action, habitat cept for: mitigation, or monitoring activities (1) Authorized Makah whale hunt associated with the Wyckoff/Eagle Har- vessel actively engaged in hunting op- bor Superfund Site are excluded from erations under direction of the master the waiver requirement. USEPA is re- of the Makah vessel flying inter- quired, however, to alert the Coast national numeral pennant five (5), and Guard in advance concerning any of (2) A single authorized media pool the above-mentioned activities that vessel operating in accordance with may, or will, take place in the Regu- paragraph (f) of this section. lated Area. (d) The international numeral pen- [CGD 13–98–004, 64 FR 72561, Dec. 28, 1999] nant five (5) is only authorized to be displayed from one Makah whale hunt § 165.1310 Strait of Juan de Fuca and vessel during actual whale hunt oper- adjacent coastal waters of North- ations. No other vessels may display west Washington; Makah Whale this pennant within the RNA at any Hunting—Regulated Navigation time. Whale hunt operations com- Area. mence when a whale hunt vessel is un- (a) The following area is a Regulated derway and its master intends to have Navigation Area (RNA): From 48°02.25′ a whale killed during the voyage.

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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 pen- [CGD 13–98–023, 63 FR 52609, Oct. 1, 1998, as nant five (5) is struck. amended by CGD 13–98–023, 64 FR 61212, Nov. (e) The Makah Tribe shall make 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- thence to 47°15′41.84696″ N, nant five (5) while engaged in whaling oper- 122°26′11.80062″ W; thence to ations. This pennant is yellow and blue in 47°15′45.57725″ N, 122°26′14.35173″ W; color. Mariners are required by federal regu- ° ′ ″ 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 pool vessel must be under command at of Natural Resources, may, upon writ- all times within the Moving Exclu- ten request, authorize a waiver from sionary zone by a master holding a li- this section if it is determined that the cense or merchant mariner credential proposed operation supports USEPA re- issued in the U.S. to carry passenger medial objectives, or can be performed for hire. All expenses, liabilities and in a manner that ensures the integrity risks associated with operation of the of the sediment cap. A written request media pool vessel lie with members of must describe the intended operation, the pool and the pool vessel owners and state the need, and describe the pro- operators. posed precautionary measures. Re- (3) The master of the media pool ves- quests shall be submitted in triplicate, sel shall maneuver to avoid positioning to facilitate review by USEPA, Coast the pool vessel between whales and Guard, and Washington State Agencies. hunt vessel(s), out of the line of fire, at USEPA managed remedial design, re- a prudent distance and location rel- medial action, habitat mitigation, or ative to whale hunt operations, and in monitoring activities associated with a manner that avoids hindering the the Olympic View Resource Area hunt or path of the whale in any way. Superfund Site are excluded from the (4) Although permitted to maneuver waiver requirement. USEPA is re- within the Moving Exclusionary Zone, quired, however, to alert the Coast personnel aboard the media pool vessel Guard in advance concerning any of are still required to follow safety and the above-mentioned activities that

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may, or will, take place in the Regu- when enforcement of the tank ship se- lated Area. curity 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 (c) Authority. In addition to 33 U.S.C. to monitor a tank ship security zone, 1231, the authority for this section in- permit entry into the zone, give legally cludes 33 U.S.C. 1226. enforceable orders to persons or vessels (d) Enforcement period. This section is with in the zone and take other actions enforced annually in June. The event authorized by the Captain of the Port. will be 6 days in length and the specific Persons authorized in paragraph (k) to dates of enforcement will be published enforce this section are designated as each year in the FEDERAL REGISTER. In the official patrol. 2015, the zone will be enforced on (5) Public vessel means vessels owned, Wednesday, June 3, through Monday, chartered, or operated by the United June 8. States, or by a State or political sub- [CGD13–02–020, 68 FR 31979, May 29, 2003, as division thereof. amended by CDG13–05–007, 70 FR 33353, June (6) Tank ship security zone is a regu- 8, 2005; USCG–2010–0351, 75 FR 50884, Aug. 18, lated area of water, established by this 2010; USCG–2015–0484, 80 FR 31470, June 3, section, surrounding tank ships for a 2015] 500-yard radius that is necessary to provide for the security of these ves- § 165.1313 Security zone regulations, tank ship protection, Puget Sound sels. and adjacent waters, Washington (7) Tank ship means a self-propelled tank vessel that is constructed or (a) Notice of enforcement or suspension adapted primarily to carry oil or haz- of enforcement. The tank ship security ardous material in bulk as cargo or zone established by this section will be cargo residue in the cargo spaces. The enforced only upon notice by the Cap- definition of tank ship does not include tain of the Port Puget Sound. Captain of the Port Puget Sound will cause no- tank barges. tice of the enforcement of the tank (8) Washington Law Enforcement Offi- ship security zone to be made by all ap- cer means any General Authority propriate means to effect the widest Washington Peace Officer, Limited Au- publicity among the affected segments thority Washington Peace Officer, or of the public including publication in Specially Commissioned Washington the FEDERAL REGISTER as practicable, Peace Officer as defined in Revised in accordance with 33 CFR 165.7(a). Code of Washington section 10.93.020. Such means of notification may also (c) Security zone: There is established include but are not limited to, Broad- a tank ship security zone extending for cast Notice to Mariners or Local No- a 500-yard radius around all tank ships tice to Mariners. The Captain of the located in the navigable waters of the Port Puget Sound will issue a Broad- United States in Puget Sound, WA, cast Notice to Mariners and Local No- east of 123 degrees, 30 minutes West tice to Mariners notifying the public Longitude. [Datum: NAD 1983]

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(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″ in 100 yards of a tank ship in order to 48′ W (not to include Hayden Bay); ensure a safe passage in accordance thence north across the river thru the with the Navigation Rules; preferred channel buoy, RG Fl(2+1)R 6s, (2) Permit commercial vessels an- to the Washington shoreline at latitude chored in a designated anchorage area 45°37″ 1.5′ N, longitude 122°39″ 29′ W; to remain at anchor when within 100 thence west along the Washington yards of a passing tank ship; and shoreline to the point of origin. (3) Permit vessels that must transit (b) Regulations. In accordance with via a navigable channel or waterway to the general regulations in § 165.23 of pass within 100 yards of a moored or this part, no person or vessel may anchored tank ship with minimal delay enter or remain in this zone unless au- consistent with security. thorized by the Captain or the Port or (i) Exemption. Public vessels as de- his designated representatives. fined in paragraph (b) of this section (c) Authority. In addition to 33 U.S.C. are exempt from complying with para- 1231, the authority for this section in- graphs (c), (d), (f), (g), (h), (j), and (k) of cludes 33 U.S.C. 1226. this section. (d) Enforcement period. This section (j) Exception. 33 CFR Part 161 promul- will be enforced every July 4, from 9:30 gates Vessel Traffic Service regula- p.m. (P.D.T.) to 11 p.m. (P.D.T.). tions. Measures or directions issued by Vessel Traffic Service Puget Sound [CGD13–03–001, 68 FR 31610, May 28, 2003]

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§ 165.1315 Safety Zone; Annual Fire- waters of the Siuslaw River, Yaquina works Displays within the Sector River, and Umpqua River, and waters Columbia River Captain of the Port of the Washington and Oregon coasts, Zone. within a 450 yard radius of the launch (a) Safety zones. The following areas site at the approximate locations listed are designated safety zones: Waters of in the following table: the Columbia River and its tributaries,

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W. ″ ″ ″ ″ ″ ″ ″ ″ ″ ″ ″ ″ ″ ″ ″ ″ ″ ″ ″ ″ ″ ″ ″ ″ ″ ″ ″ ″ ″ ″ ″ ″ ″ ″ ″ ″ ″ ″ ″ ″ ″ ″ ″ ″ ″ ″ ″ 12 12 25 50 59 10 43 53 26 32 21 13 14 52 27 31 03 33 24 45 44 55 44 59 53 06 55 18 44 45 11 18 30 59 47 14 14 00 24 25 08 16 10 26 48 23 10 ′ ′ ′ ′ ′ ′ ′ ′ ′ ′ ′ ′ ′ ′ ′ ′ ′ ′ ′ ′ ′ ′ ′ ′ ′ ′ ′ ′ ′ ′ ′ ′ ′ ′ ′ ′ ′ ′ ′ ′ ′ ′ ′ ′ ′ ′ ′ 40 40 48 05 39 27 53 22 47 30 36 11 16 37 06 01 25 13 56 02 38 12 04 05 43 40 12 56 38 47 12 39 29 05 08 40 40 02 12 48 06 45 04 47 06 10 22 ° ° ° ° ° ° ° ° ° ° ° ° ° ° ° ° ° ° ° ° ° ° ° ° ° ° ° ° ° ° ° ° ° ° ° ° ° ° ° ° ° ° ° ° ° ° ° N ...N 122 ... 122 N ... 123 N ...N 124 ... 122 N ...N 122 ...N 121 ... 122 N ... 122 N ... 121 N ...N 122 ...N 124 ... 124 N ...N 122 ...N 124 ...N 124 ... 124 N ...N 117 ... 123 N ...N 124 ...N 122 ...N 124 ... 124 N ...N 124 ...N 122 ... 122 N ... 124 N ... 122 N ...N 122 ... 123 N ... 120 N ... 122 N ... 124 N ... 124 N ... 119 N ...N 122 ... 122 N ... 124 N ... 124 N ... 123 N ... 124 N ...N 120 ... 124 N ... 122 N ... 124 N ...N 121 ... 123 ″ ″ ″ ″ ″ ″ ″ ″ ″ ″ ″ ″ ″ ″ ″ ″ ″ ″ ″ ″ ″ ″ ″ ″ ″ ″ ″ ″ ″ ″ ″ ″ ″ ″ ″ ″ ″ ″ ″ ″ ″ ″ ″ ″ ″ ″ ″ 58 58 44 09 22 32 15 32 54 58 44 56 39 37 38 28 30 02 08 40 33 42 31 17 07 14 42 46 33 40 23 03 31 17 37 42 42 17 06 44 14 39 48 54 55 18 58 ′ ′ ′ ′ ′ ′ ′ ′ ′ ′ ′ ′ ′ ′ ′ ′ ′ ′ ′ ′ ′ ′ ′ ′ ′ ′ ′ ′ ′ ′ ′ ′ ′ ′ ′ ′ ′ ′ ′ ′ ′ ′ ′ ′ ′ ′ ′ 30 30 11 58 28 33 40 34 51 42 21 40 02 23 18 55 25 18 37 37 26 23 25 54 52 31 23 05 26 58 43 27 44 54 13 30 30 18 22 11 54 41 36 51 43 36 12 ° ° ° ° ° ° ° ° ° ° ° ° ° ° ° ° ° ° ° ° ° ° ° ° ° ° ° ° ° ° ° ° ° ° ° ° ° ° ° ° ° ° ° ° ° ° ° 45 tember...... One day in July ...... 46 ...... One day in July ...... 46 ...... One day in July ...... 43 ...... One day in October ...... 45 ...... One day in July ...... 45 ...... One day in June ...... 44 ks, OR ...... One day in July ...... 45 OR ...... One day in July ...... 45 OR ...... One day in August or Sep- ter Bay, OR ...... One day in July ...... 43 lens, OR ...... One day in July ...... 45 ce, OR ...... One day in July ...... 43 ings, OR ...... One day in July ...... 42 land, OR ...... One day in May or June .... 45 ld Beach, OR ...... One day in July ...... 42 rth Bend, OR ...... One day in July ...... 43 erdeen, WA ...... One day in July ...... 46 toria, OR ...... One day in July ...... 46 ortland, OR ...... One day in May ...... 45 Portland, OR ...... One day in July ...... 45 Roseburg, OR ...... One day in July ...... 43 . Gresham, OR ...... One day in July ...... 45 ... Oregon City, OR ...... One day in October ...... 45 ... North Bend, OR ...... One day in July ...... 43 .... Ridgefield, WA ...... One day in July ...... 45 .... Westport, WA ...... One day in June ...... 46 ..... Toledo, OR ...... One day in July ...... 44 ..... Rufus, OR ...... One day in July ...... 45 ..... Westport, WA ...... One day in July ...... 46 ...... St. Helens, OR ...... One day in July ...... 45 ...... Rainier, OR ...... One day in July ...... 46 ...... Portland, OR ...... One day in July ...... 45 ...... Hood River, OR ...... One day in July ...... 45 ...... Washougal, WA ...... One day in July ...... 45 ...... Milwaukie, OR ...... One day in September ...... 45 ...... Milwaukie, OR ...... One day in July ...... 45 ...... Huntington, OR ...... One day in July ...... 44 ...... Newport, OR ...... One day in July ...... 44 ...... Lincoln City, OR ...... One day in July ...... 44 ...... Port Orford, OR ...... One day in July ...... 42 ...... Waldport, OR ...... One day in July ...... Westport, WA ...... 44 One day in July ...... 46 ...... Arlington, OR ...... One day in July ...... 45 ...... Gardiner, OR ...... One day in July ...... 43 ...... Yachats, OR ...... One day in July ...... 44 ...... Astoria, OR ...... One day in August ...... 46 ...... West Linn, OR ...... One day in July ...... 45 Event name (typically) Event location Date of event Latitude Longitude Cinco de Mayo Fireworks Display ...... Portland Rose Festival Fireworks Display P ...... Tri-City Chamber of Commerce Fireworks Display, Columbia Park Port ...... Cedco Inc. Fireworks Display Kennewick, WA ...... Astoria-Warrenton 4th of July Fireworks ...... Waterfront Blues Festival Fireworks As ...... Oregon Symphony Concert Fireworks Display ...... Portland, Florence Independence Day Celebration ...... Oaks Park Association ...... Floren City of Rainier/Rainier Days ...... Ilwaco July 4th Committee Fireworks/Independence Day at the Port ...... Celebrate Milwaukie Ilwaco, OR ...... Splash Aberdeen Waterfront Festival ...... City of Coos Bay July 4th Celebration/Fireworks Over the ...... Ab Arlington 4th of July Coos Bay, OR ...... East County 4th of July Fireworks ...... Port of Cascade Locks 4th July Fireworks Display ...... Washougal 4th of July ...... Cascade Loc Astoria Regatta ...... City of St. Helens 4th July Fireworks Display ...... Waverly Country Club 4th of July Fireworks Display St. He ...... Booming Bay Fireworks Milwaukie, ...... Hood River 4th of July ...... Rufus 4th of July Fireworks ...... Newport High School Graduation Fireworks Display ...... Willamette Falls Heritage Festival Newport, OR ...... Winchester Bay 4th of July Fireworks Display ...... Brookings, OR July 4th Fireworks Display Winches ...... Maritime Heritage Festival Brook ...... Lynch Picnic ...... Yachats 4th of July ...... Lincoln City 4th of July ...... July 4th Party at the Port of Gold Beach ...... Gardiner 4th of July Go ...... Huntington 4th of July ...... Toledo Summer Festival ...... Port Orford 4th of July ...... The Dalles Area Chamber of Commerce Fourth July ......

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(b) Special requirements. Fireworks remain in the safety zone created in barges or launch sites on land used in this section or bring, cause to be locations stated in this rule shall dis- brought, or allow to remain in the safe- play a sign. The sign will be affixed to ty zone created in this section any ve- the port and starboard side of the barge hicle, vessel, or object unless author- or mounted on a post 3 feet above ized by the Captain of the Port or his ground level when on land and in close designated representative. The Captain proximity to the shoreline facing the of the Port may be assisted by other water labeled ‘‘FIREWORKS–DAN- Federal, State, or local agencies with GER–STAY AWAY.’’ This will provide the enforcement of the safety zone. on-scene notice that the safety zone is, (f) Authorization. All vessel operators or will, be enforced on that day. This who desire to enter the safety zone notice will consist of a diamond shaped must obtain permission from the Cap- sign, 4 foot by 4 foot, with a 3 inch or- tain of the Port or Designated Rep- ange retro-reflective border. The word resentative by contacting either the ‘‘DANGER’’ shall be 10 inch black on-scene patrol craft on VHF Ch 13 or block letters centered on the sign with Ch 16 or the Coast Guard Sector Co- the words ‘‘FIREWORKS’’ and ‘‘STAY lumbia River Command Center via AWAY’’ in 6 inch black block letters telephone at (503) 861–6211. placed above and below the word [USCG–2014–0300, 80 FR 29951, May 26, 2015] ‘‘DANGER’’ respectively on a white background. An on-scene patrol vessel § 165.1316 Safety Zone; Columbia may enforce these safety zones at least River, Astoria, Oregon. 1 hour prior to the start and 1 hour (a) Location. The following area is a after the conclusion of the fireworks safety zone: All waters of the Columbia display. River at Astoria, Oregon enclosed by (c) Notice of enforcement. These safety the following points: North from the zones will be activated and thus sub- Oregon shoreline at 123°49′36″ West to ject to enforcement, under the fol- 46°11′51″ North thence east to 123°48′53″ lowing conditions: the Coast Guard West thence south to the Oregon shore- must receive an Application for Marine line and finally westerly along the Or- Event for each fireworks display; and, egon shoreline to the point of origin. the Captain of the Port will cause no- (b) Regulations. In accordance with tice of the enforcement of these safety the general regulations in § 165.23 of zones to be made by all appropriate this part, no person or vessel may means to provide notice to the affected enter or remain in this zone unless au- segments of the public as practicable, thorized by the Captain or the Port or in accordance with 33 CFR 165.7(a). The his designated representatives. Captain of the Port will issue a Local (c) Authority. In addition to 33 U.S.C. Notice to Mariners notifying the public 1231, the authority for this section in- of activation and suspension of enforce- cludes 33 U.S.C. 1226. ment of these safety zones. Addition- (d) Enforcement period. This section ally, an on-scene Patrol Commander will normally be enforced on the sec- may be appointed to enforce the safety ond Saturday of August from 9:30 p.m. zones by limiting the transit of non- (PDT) to 10:30 p.m. (PDT). Announce- participating vessels in the designated ment of enforcement periods may be areas described above. made by the methods described in 33 (d) Enforcement period. This rule will CFR 165.7, or any other reasonable be enforced at least one hour before method. and one hour after the duration of the [CGD13–03–013, 68 FR 42290, July 17, 2003] event each day a barge or launch site with a ‘‘FIREWORKS–DANGER–STAY § 165.1317 Security and Safety Zone; AWAY’’ sign is located within any of Large Passenger Vessel Protection, the above designated safety zone loca- Puget Sound and adjacent waters, tions and meets the criteria estab- Washington. lished in paragraphs (a), (b), and (c). (a) Notice of enforcement or suspension (e) Regulations. In accordance with of enforcement. The large passenger ves- the general regulations in 33 CFR part sel security and safety zone established 165, subpart C, no person may enter or by this section will be enforced only

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upon notice by the Captain of the Port zone and take other actions authorized Puget Sound. Captain of the Port by the Captain of the Port. Persons au- Puget Sound will cause notice of the thorized in paragraph (l) to enforce this enforcement of the large passenger ves- section are designated as the Official sel security and safety zone to be made Patrol. by all appropriate means to effect the Public vessel means vessels owned, widest publicity among the affected chartered, or operated by the United segments of the public including publi- States, or by a State or political sub- cation in the FEDERAL REGISTER as division thereof. practicable, in accordance with 33 CFR Washington Law Enforcement Officer 165.7(a). Such means of notification means any General Authority Wash- may also include but are not limited ington Peace Officer, Limited Author- to, Broadcast Notice to Mariners or ity Washington Peace Officer, or Spe- Local Notice to Mariners. The Captain cially Commissioned Washington Peace of the Port Puget Sound will issue a Officer as defined in Revised Code of Broadcast Notice to Mariners and Washington section 10.93.020. Local Notice to Mariners notifying the (c) Security and safety zone. There is public when enforcement of the large established a large passenger vessel se- passenger vessel security and safety curity and safety zone extending for a zone is suspended. 500-yard radius around all large pas- (b) Definitions. The following defini- senger vessels located in the navigable tions apply to this section: waters of the United States in Puget Federal Law Enforcement Officer Sound, WA, east of 123°30′ West Lon- means any employee or agent of the gitude. [Datum: NAD 1983]. United States government who has the (d) Compliance. The large passenger authority to carry firearms and make vessel security and safety zone estab- warrantless arrests and whose duties lished by this section remains in effect involve the enforcement of criminal around large passenger vessels at all laws of the United States. times, whether the large passenger ves- Large Passenger Vessel means any sel is underway, anchored, or moored. cruise ship over 100 feet in length car- Upon notice of enforcement by the Cap- rying passengers for hire, and any auto tain of the Port Puget Sound, the ferries and passenger ferries over 100 Coast Guard will enforce the large pas- feet in length carrying passengers for senger vessel security and safety zone hire such as the Washington State Fer- in accordance with rules set out in this ries, M/V COHO and Alaskan Marine section. Upon notice of suspension of Highway Ferries. Large Passenger Ves- enforcement by the Captain of the Port sel does not include vessels inspected Puget Sound, all persons and vessels and certificated under 46 CFR, Chapter are authorized to enter, transit, and I, Subchapter T such as excursion ves- exit the large passenger vessel security sels, sight seeing vessels, dinner cruise and safety zone, consistent with the vessels, and whale watching vessels. Navigation Rules. Large Passenger Vessel Security and (e) The Navigation Rules shall apply Safety Zone is a regulated area of water at all times within a large passenger established by this section, sur- vessel security and safety zone. rounding large passenger vessels for a (f) When within a large passenger 500-yard radius to provide for the secu- vessel security and safety zone all ves- rity and safety of these vessels. sels must operate at the minimum Navigable waters of the United States speed necessary to maintain a safe means those waters defined as such in course and must proceed as directed by 33 CFR part 2. the on-scene official patrol or large Navigation Rules means the Naviga- passenger vessel master. No vessel or tion Rules, International—Inland. person is allowed within 100 yards of a Official Patrol means those persons large passenger vessel that is underway designated by the Captain of the Port or at anchor, unless authorized by the to monitor a large passenger vessel se- on-scene official patrol or large pas- curity and safety zone, permit entry senger vessel master. No vessel or per- into the zone, give legally enforceable son is allowed within 25 yards of a orders to persons or vessels within the large passenger vessel that is moored.

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(g) To request authorization to oper- Enforcement Officer may enforce the ate within 100 yards of a large pas- rules contained in this section pursu- senger vessel that is underway or at ant to 33 CFR 6.04–11. In addition, the anchor, contact the on-scene official Captain of the Port may be assisted by patrol or large passenger vessel master other federal, state or local agencies in on VHF-FM channel 16 or 13. enforcing this section. (h) When conditions permit, the on- (m) Waiver. The Captain of the Port scene official patrol or large passenger Puget Sound may waive any of the re- vessel master should: quirements of this section for any ves- (1) Permit vessels constrained by sel or class of vessels upon finding that their navigational draft or restricted in a vessel or class of vessels, operational their ability to maneuver to pass with- conditions or other circumstances are in 100 yards of a large passenger vessel such that application of this section is in order to ensure a safe passage in ac- unnecessary or impractical for the pur- cordance with the Navigation Rules; pose of port security, safety or environ- and mental safety. (2) Permit vessels that must transit [CGD13–03–018, 69 FR 2068, Jan. 14, 2004; 69 FR via a navigable channel or waterway to 4245, Jan. 29, 2004] pass within 100 yards of an anchored large passenger vessel or within 25 § 165.1318 Security and Safety Zone yards of a moored large passenger ves- Regulations, Large Passenger Ves- sel with minimal delay consistent with sel Protection, Captain of the Port security. Columbia River Zone. (i) When a large passenger vessel ap- (a) Notice of enforcement or suspension proaches within 100 yards of any vessel of enforcement. The large passenger ves- that is moored or anchored, the sta- sel security and safety zone established tionary vessel must stay moored or an- by this section will be enforced only chored while it remains within the upon notice by the Captain of the Port large passenger vessel’s security and Columbia River. Captain of the Port safety zone unless it is either ordered Columbia River will cause notice of the by, or given permission by the Captain enforcement of the large passenger ves- of the Port Puget Sound, his des- sel security and safety zone to be made ignated representative or the on-scene by all appropriate means to effect the official patrol to do otherwise. widest publicity among the affected (j) Exemption. Public vessels as de- segments of the public including publi- fined in paragraph (b) of this section cation in the FEDERAL REGISTER as are exempt from complying with para- practicable, in accordance with 33 CFR graphs (c), (d), (f), (g), (h), and (i), of 165.7(a). Such means of notification this section. may also include but are not limited (k) Exception. 33 CFR part 161 con- to, Broadcast Notice to Mariners or tains Vessel Traffic Service regula- Local Notice to Mariners. The Captain tions. When measures or directions of the Port Columbia River will issue a issued by Vessel Traffic Service Puget Broadcast Notice to Mariners and Sound pursuant to 33 CFR part 161 also Local Notice to Mariners notifying the apply, the measures or directions gov- public when enforcement of the large ern rather than the regulations in this passenger vessel security and safety section. zone is suspended. (l) Enforcement. Any Coast Guard (b) Definitions. As used in this sec- commissioned, warrant or petty officer tion— may enforce the rules in this section. Federal Law Enforcement Officer In the navigable waters of the United means any employee or agent of the States to which this section applies, United States government who has the when immediate action is required and authority to carry firearms and make representatives of the Coast Guard are warrantless arrests and whose duties not present or not present in sufficient involve the enforcement of criminal force to provide effective enforcement laws of the United States. of this section in the vicinity of a large Large passenger vessel means any ves- passenger vessel, any Federal Law En- sel over 100 feet in length (33 meters) forcement Officer or Washington Law carrying passengers for hire including,

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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 into the zone, give legally enforceable the minimum speed necessary to main- orders to persons or vessels with in the tain a safe course and shall proceed as zone and take other actions authorized directed by the on-scene official patrol by the Captain of the Port. Persons au- or large passenger vessel master. No thorized as Federal Law Enforcement vessel or person is allowed within 100 Officers to enforce this section are des- yards of a large passenger vessel that is ignated as the Official Patrol. underway or at anchor, unless author- Oregon Law Enforcement Officer ized by the on-scene official patrol or means any Oregon Peace Officer as de- large passenger vessel master. fined in Oregon Revised Statutes sec- (g) Requesting authorization to operate tion 161.015. within 100 yards of large passenger vessel. Public vessel means vessels owned, To request authorization to operate chartered, or operated by the United within 100 yards of a large passenger States, or by a State or political sub- vessel that is underway or at anchor, division thereof. contact the on-scene official patrol or Washington Law Enforcement Officer large passenger vessel master on VHF- means any General Authority Wash- FM channel 16 or 13. ington Peace Officer, Limited Author- (h) Maneuver-restricted vessels. When ity Washington Peace Officer, or Spe- conditions permit, the on-scene official cially Commissioned Washington Peace patrol or large passenger vessel master Officer as defined in Revised Code of should: Washington section 10.93.020. (1) Permit vessels constrained by (c) Security and safety zone. There is their navigational draft or restricted in established a large passenger vessel se- their ability to maneuver to pass with- curity and safety zone extending for a in 100 yards of a large passenger vessel 500 yard radius around all large pas- in order to ensure a safe passage in ac- senger vessels in the navigable waters cordance with the Navigation Rules; of the United States, in Portland, OR and at the Columbia River Bar ‘‘C’’ buoy (2) Permit commercial vessels an- and extending eastward on the Colum- chored in a designated anchorage area bia River to Kennewick, WA and to remain at anchor within 100 yards of upriver through Lewiston, ID on the a passing large passenger vessel; and Snake River. (3) Permit vessels that must transit (d) Compliance. The large passenger via a navigable channel or waterway to vessel security and safety zone estab- pass within 100 yards of an anchored lished by this section remains in effect large passenger vessel. around large passenger vessels at all (i) Stationary vessels. When a large times, whether the large passenger ves- passenger vessel approaches within 100 sel is underway, anchored, or moored. yards of any vessel that is moored or Upon notice of enforcement by the Cap- anchored, the stationary vessel must

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stay moored or anchored while it re- encompassed by the following points: mains with in the large passenger ves- 47°36′17.28″ N, 122°14′49.44″ W; thence sel’s security and safety zone unless it west to point 47°36′17.28″ N, 122°16′58.56″ is either ordered by, or given permis- W; thence south along the shoreline to sion by the Captain of the Port Colum- Andrews Bay at point 47°33′04.62″ N, bia River, his designated representa- 122°15′32.46″ W; thence northeast along tive or the on-scene official patrol to the shoreline of Bailey Peninsula to its do otherwise. northeast point at 47°33′44.98″ N, (j) Exemption. Public vessels as de- 122°15′03.48″ W; thence easterly to point fined in paragraph (b) of this section 47°33′43.98″ N, 122°13′51.36″ W on Mercer are exempt from complying with para- Island; thence northerly along the graphs (c), (d), (f), (g), (h), and (i), of shore of Mercer Island to point this section. 47°35′45.12″ N, 122°14′49.44″ W; thence (k) Enforcement. Any Coast Guard north back to the point of origin. commissioned, warrant or petty officer (c) Regulations. In accordance with may enforce the rules in this section. the general regulations in 33 CFR Part In the navigable waters of the United 165, Subpart C, no person or vessel may States to which this section applies, enter or remain in the zone except for when immediate action is required and support vessels and support personnel, representatives of the Coast Guard are vessels registered with the event orga- not present or not present in sufficient nizer, or other vessels authorized by force to provide effective enforcement the Captain of the Port or his des- of this section in the vicinity of a large ignated representatives. Vessels and passenger vessel, any Federal Law En- persons granted authorization to enter forcement Officer, Oregon Law En- the safety zone shall obey all lawful or- forcement Officer or Washington Law ders or directions of the Captain of the Enforcement Officer may enforce the Port or his designated representatives. rules contained in this section pursu- [CGD13–04–002, 69 FR 35250, June 24, 2004, as ant to 33 CFR 6.04–11. In addition, the amended by USCG–2012–0903, 78 FR 12600, Captain of the Port may be assisted by Feb. 25, 2013] other federal, state or local agencies in enforcing this section. § 165.1321 Security Zone; Protection of (l) Waiver. The Captain of the Port Military Cargo, Captain of the Port Columbia River may waive any of the Zone Puget Sound, WA. requirements of this section for any (a) Notice of enforcement or suspension vessel or class of vessels upon finding of enforcement. The Captain of the Port that a vessel or class of vessels, oper- Puget Sound will enforce the security ational conditions or other cir- zones established by this section only cumstances are such that application upon notice. Captain of the Port Puget of this section is unnecessary or im- Sound will cause notice of the enforce- practical for the purpose of port secu- ment of these security zone to be made rity, safety or environmental safety. by all appropriate means to effect the [CGD13–03–022, 68 FR 53679, Sept. 12, 2003, as widest publicity among the affected amended by USCG–2010–0351, 75 FR 48565, segments of the public including publi- Aug. 11, 2010] cation in the FEDERAL REGISTER as practicable, in accordance with 33 CFR § 165.1319 Seafair Air Show Perform- 165.7(a). Such means of notification ance, Seattle, WA. may also include but are not limited (a) Enforcement period. This section to, Broadcast Notice to Mariners or will be enforced annually during the Local Notice to Mariners. The Captain last week in July and the first two of the Port Puget Sound will issue a weeks of August from 8 a.m. until 4 Broadcast Notice to Mariners and p.m., each day during the event. The Local Notice to Mariners notifying the event will be one week or less in dura- public when enforcement of these secu- tion. The specific dates during this rity zones is suspended. time frame will be published in the (b) Definitions. The following defini- FEDERAL REGISTER. tions apply to this section: (b) Location. The following is a safety Designated Representative means those zone: All waters of Lake Washington persons designated by the Captain of

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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 Navigable waters of the United States corner of Pier No. 2; then extending means those waters defined as such in northeasterly to 47°16′13′′ N, 122°25′13′′ 33 CFR Part 2. W; then extending southeasterly along Public vessel means vessels owned, the shoreline of the Sitcum Waterway; chartered, or operated by the United then northeasterly along the shoreline States, or by a State or political sub- at the terminus of the Sitcum Water- division thereof. way and then northwesterly along the Washington Law Enforcement Officer shoreline of the Sitcum Waterway; means any General Authority Wash- then northeasterly along the shoreline ington Peace Officer, Limited Author- of Pier No. 5 to the point of origin. ity Washington Peace Officer, or Spe- [Datum: NAD 1983]. cially Commissioned Washington Peace (3) Budd Inlet Security Zone: The Se- Officer as defined in Revised Code of curity Zone in Budd Inlet, West Bay, Washington section 10.93.020. Olympia WA includes all waters en- (c) Security zone. The following areas closed by a line connecting the fol- are security zones: lowing points: 47°03′12″ N, 122°54′21″ W, (1) Blair Waterway Security Zone: The which is approximately the north- Security Zone in the Blair Waterway, western end of the fence line enclosing Commencement Bay, WA, includes all Berth 1 at Port of Olympia; then north- waters enclosed by a line connecting erly to 47°03′15″ N, 122°54′21″ W, which is the following points: 47°16′57′′ N, the approximate 300 feet north along 122°24′39′′ W, which is approximately the shoreline; then westerly to 47°03′15″ the beginning of Pier No. 23 (also N, 122°54′26″ W; then southerly to known as the Army pier); then north- 47°03′06″ N, 122°54′26″ W; then southeast- westerly to 47°17′05′′ N, 122°24′52′′ W, erly to 47°03′03″ N, 122°54′20″ W, which is which is the end of the Pier No. 23 approximately the end of the T-shaped (Army pier); then southwesterly to pier; then north to 47°03′04″ N, 47°16′42′′ N, 122°25′ 18′′ W, which is the 122°54′19.5″ W, which is approximately approximate location of a private buoy the southwestern corner of berth 1; on the end of the sewage outfall; then then northerly along the shoreline to southeasterly to 47°16′33′′ N, 122°25′04′′ the point of origin. [Datum: NAD 1983]. W, which is approximately the north- (d) Obtaining permission to enter, move western end of Pier No. 5; then north- within, or exit the security zones. All ves- easterly to the northwestern end of sels must obtain permission from the Pier No. 1; then southeasterly along COTP or a Designated Representative the shoreline of the Blair Waterway to to enter, move within, or exit the secu- the Blair Waterway turning basin; then rity zones established in this section along the shoreline around the Blair when these security zones are enforced. Waterway turning basin; then north- Vessels 20 meters or greater in length westerly along the shoreline of the should seek permission from the COTP Blair Waterway to the Commencement or a Designated Representative at least Bay Directional Light (light list num- 4 hours in advance. Vessels less than 20

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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. (e) Compliance. Upon notice of en- [CGD13–04–019, 69 FR 52603, Aug. 27, 2004, as 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 accord- ance 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 person in the navigable waters of the 45°34′47″ N, 122°45′30″ W thence to United States to which this section ap- 45°34′48″ N, 122°45′30″ W thence to plies. No person or vessel may enter 45°34′48″ N, 122°45′30″ W thence to the security zones established in this 45°34′48″ N, 122°45′28″ W thence to section unless authorized by the Cap- 45°34′47″ N, 122°45′28″ W and back to the tain of the Port or his designated rep- point of origin. All coordinates ref- resentatives. Vessels and persons erence 1983 North American Datum granted permission to enter the secu- (NAD 83). rity zone shall obey all lawful orders or (b) Regulations. (1) Motoring, anchor- directions of the Captain of the Port or ing, dragging, dredging, or trawling are his designated representatives. All ves- prohibited in the regulated area. sels shall operate at the minimum (2) All vessels transiting or accessing speed necessary to maintain a safe the regulated area shall do so at a no course. wake speed or at the minimum speed (g) Enforcement. Any Coast Guard necessary to maintain steerage. commissioned, warrant or petty officer may enforce the rules in this section. [USCG–2008–0112, 74 FR 5988, Feb. 4, 2009] In the navigable waters of the United States to which this section applies, § 165.1323 Regulated Navigation Area: when immediate action is required and Willamette River Captain of the representatives of the Coast Guard are Port Columbia River Zone. not present or not present in sufficient (a) Location. The following is a regu- force to provide effective enforcement lated navigation area (RNA): All of this section, any Federal Law En- waters of the Willamette River encom- forcement Officer or Washington Law passed by a line commencing at Enforcement Officer may enforce the 45°34′.33″ N, 122°44′17″ W to 45°34′32″ N, rules contained in this section pursu- 122°44′18″ W thence to 45°34′35″ N, ant to 33 CFR 6.04–11. In addition, the 122°44′24″ W thence to 45°34′35″ N, Captain of the Port may be assisted by 122°44′27″ W thence to 45°34′35″ N, other federal, state or local agencies in 122°44′36″ W thence to 45°34′35″ N, enforcing this section pursuant to 33 122°44′37″ W thence to 45°34′38″ N, CFR 6.04–11. 122°44′42″ W to 45°34′39″ N, 122°44′43″ W (h) Exemption. Public vessels as de- thence to 45°34′44″ N, 122°44′51″ W thence fined in paragraph (b) of this section to 45°34′45″ N, 122°44′53″ W thence to are exempt from the requirements in 45°34′47’’ N, 122°44′51″ W thence to this section. 45°34′45″ N, 122°44′46″ W to 45°34′45″ N, (i) Waiver. For any vessel, the Cap- 122°44′45″ W thence to 45°34′47″ N, tain of the Port Puget Sound may 122°44′43″ W thence to 45°34′46″ N, waive any of the requirements of this 122°44′42″ W thence to 45°34′48″ N, section, upon finding that operational 122°44′40’’ W thence to 45°34′48″ N, conditions or other circumstances are 122°44′38″ W and along the shoreline to such that application of this section is 45°34′46″ N, 122°44′39″ W and back to the

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point of origin. All coordinates ref- under 46 CFR, Chapter I, Subchapter T erence 1983 North American Datum such as excursion vessels, sight seeing (NAD 83). vessels, dinner cruise vessels, and (b) Regulations. (1) Anchoring, spud- whale watching vessels. ding, dredging, laying cable, dragging, Official Patrol means those persons trawling, conducting salvage oper- designated by the Captain of the Port ations, operating commercial vessels of to monitor a Large Passenger Cruise any size, and operating recreational Vessel security and safety zone, permit vessels greater than 30 feet in length entry into the zone, give legally en- are prohibited in the regulated area. forceable orders to persons or vessels (2) All vessels transiting or accessing within the zone and take other actions the regulated area shall do so at no authorized by the Captain of the Port. wake speed or at the minimum speed 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. (d) Authorization. To request author- § 165.1324 Safety and Security Zone; ization to operate within 100 yards of a Cruise Ship Protection, Elliott Bay Large Passenger Cruise Vessel that is and Pier-91, Seattle, Washington. moored at Pier 91, contact the on-scene (a) Safety and security zones. (1) The Official Patrol on VHF–FM channel 16 following area is a safety and security or 13 or the Facility Security Officer at zone: All waters within the following (206) 728–3688. points: a rectangle, starting at 47°37′53″ (e) Enforcement. Any Coast Guard N/122°23′07″ W, thence south to position commissioned, warrant or petty officer 47°37′06″ N/122°23′07″ W, thence east to may enforce the rules in this section. position 47°37′06″ N/122°22′43″ W, thence In the navigable waters of the United north to position 47°37′58″ N/122°22′43″ States to which this section applies, W. This zone will be enforced only dur- when immediate action is required and ing the arrival or departure of Large representatives of the Coast Guard are Passenger Cruise Vessels at Pier 91, Se- not present or not present in sufficient attle, Washington. force to provide effective enforcement (2) The following area is a safety and of this section in the vicinity of a security zone: All waters within 100 Large Passenger Cruise Vessel, any yards of Pier 91, Seattle, Washington, Federal or Washington Law Enforce- at approximate position 47°37′35″ N/ ment Officer may enforce the rules 122°23′00″ W. This zone will be enforced contained in this section pursuant to 33 only when a Large Passenger Cruise CFR 6.04–11. In addition, the Captain of Vessel is moored at Pier 91. the Port may be assisted by other Fed- (b) Regulations. In accordance with eral, state or local agencies in enforc- the general regulations in 33 CFR Part ing this section. 165, Subpart D, no person or vessel may (f) Waiver. The Captain of the Port enter or remain in either Safety and Puget Sound may waive any of the re- Security Zone except for vessels au- quirements of this section for any ves- thorized by the Captain of the Port or sel or class of vessels upon finding that Designated Representatives. a vessel or class of vessels, operational (c) Definitions. The following defini- conditions or other circumstances are tions apply to this section: such that application of this section is Facility Security Officer means the unnecessary or impractical for the pur- person designated as responsible for pose of port security, safety or environ- the development, implementation, re- mental safety. vision and maintenance of the facility security plan and for liaison with the [USCG–2009–0331, 74 FR 42028, Aug. 20, 2009] COTP and Company and Vessel Secu- rity Officers. § 165.1325 Regulated Navigation Areas; Large Passenger Cruise Vessel means Bars Along the Coasts of Oregon any cruise ship over 100 feet in length and Washington. carrying passengers for hire. Large (a) Regulated navigation areas. Each of Passenger Cruise Vessel does not in- the following areas is a regulated navi- clude vessels inspected and certificated gation area:

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(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., 46°51′00″ N., 124°06′40″ W. thence north- 123°56′19″ W. thence northward along ward along the shoreline to a point at the shoreline to the beginning. the south jetty 46°54′20″ N., 124°08′07″ W. (6) Tillamook Bay Bar, Oreg.: From a thence eastward to 46°54′10″ N., point on the shoreline at 45°35′15″ N., 124°05′00″ W. thence northward to 123°57′05″ W. thence westward 45°35′15″ 46°55′00″ N., 124°03′30″ W. thence N., 124°00′00″ W. thence southward to northwestward to Damon Point at 45°30′00″ N., 124°00′00″ W. thence east- 46°56′50″ N., 124°06′30″ W. thence west- ward to a point on the shoreline at ward along the north shoreline of the 45°30′00″ N., 123°57′40″ W. thence north- harbor to the north jetty at 46°55′40″ N., ward along the shoreline to the north 124°10′27″ W. thence northward along end of Kincheloe Point at 45°33′30″ N., the shoreline to the beginning. 123°56′05″ W. thence northward to a (3) Willapa Bay, Wash.: From a point point on the north shoreline of the har- on the shoreline at 46°46′00″ N., bor at 45°33′40″ N., 123°55′59″ W. thence 124°05′40″ W. westward to 46°44′00″ N., westward along the north shoreline of 124°10′45″ W. thence eastward to a point the harbor then northward along the on the shoreline at 46°35′00″ N., seaward shoreline to the beginning. 124°03′45″ W. thence northward along (7) Netarts Bay Bar, Oreg.: From a the shoreline around the north end of point on the shoreline at 45°28′05″ N. Leadbetter Point thence southward thence westward to 45°28′05″ N., along the east shoreline of Leadbetter 124°00′00″ W. thence southward to Point to 46°36′00″ N., 124°02′15″ W. 45°24′00″ N., 124°00′00″ W. thence east- thence eastward to 46°36′00″ N., ward to a point on the shoreline at 124°00′00″ W. thence northward to Toke 45°24′00″ N., 123°57′45″ W. thence north- point at 46°42′15″ N., 123°58′00″ W. thence ward along the shoreline to 45°26′03″ N., westward along the north shoreline of 123°57′15″ W. thence eastward to a point the harbor and northward along the on the north shoreline of the harbor at seaward shoreline to the beginning. 45°26′00″ N., 123°56′57″ W. thence north- (4) Columbia River Bar, Wash.-Oreg.: ward along the shoreline to the begin- From a point on the shoreline at ning. 46°18′00″ N., 124°04′39″ W. thence west- (8) Siletz Bay Bar, Oreg.: From a ward to 46°18′00″ N., 124°09′30″ W. thence point on the shoreline at 44°56′32″ N., southward to 46°12′00″ N., 124°09′30″ W. 124°01′29″ W. thence westward to thence eastward to a point on the 44°56′32″ N., 124°03′00″ W. thence south- shoreline at 46°12′00″ N., 123°59′33″ W. ward to 44°54′40″ N., 124°03′15″ W. thence thence eastward to Tansy Point Range eastward to a point on the shoreline at Front Light at 46°11′16″ N., 123°55′05″ W.; 44°54′40″ N., 124°01′55″ W. thence north- thence northward to Chinook Point at ward along the shoreline to 44°55′35″ N., 46°15′08″ N., 123°55′25″ W. thence 124°01′25″ W. thence northward to a northwestward to the north end of point on the north shoreline of the har- Sand Island at 46°17′29″ N., 124°01′25″ W. bor at 44°55′45″ N., 124°01′20″ W. thence thence southwestward to a point on the westward and northward along the north shoreline of the harbor at shoreline to the beginning.

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(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 (10) Yaquina Bay Bar, Oreg.: From a shoreline of the harbor at 43°21′00′ N., point on the shoreline at 44°38′11″ N., 124°18′50′ W. thence northward to a 124°03′47″ W. thence westward to point on the west shoreline of the har- 44°38′11″ N., 124°05′55″ W. thence south- bor at 43°21′45′ N., 124°19′10′ W. thence ward to 44°35′15″ N., 124°06′05″ W. thence south and west along the west shore- eastward to a point on the shoreline at line of the harbor thence northward 44°35′15″ N., 124°04′02″ W. thence north- along the seaward shoreline to the be- ward along the shoreline and eastward ginning. along the south bank of the entrance (14) Coquille River Bar, Oreg.: From a channel to the highway bridge thence point on the shoreline at 43°08′25′ N., northward to the north bank of the en- 124°25′04′ W. thence southwestward to trance channel at the bridge thence 43°07′50′ N., 124°27′05′ W. thence south- westward along the north bank of the westward to 43°07′03′ N., 124°28′25′ W. entrance channel and northward along thence eastward to a point on the the seaway shoreline to the beginning. shoreline at 43°06′00′ N., 124°25′55′ W. (11) Siuslaw River Bar, Oreg.: From a thence northward along the shoreline point on the shoreline at 44°02′00″ N., and eastward along the south shoreline 124°08′00″ W. thence westward to of the channel entrance to 43°07′17′ N., 44°02′00″ N., 124°09′30″ W. thence south- 124°25′00′ W. thence northward to the ward to 44°00′00″ N., 124°09′30″ W. thence east end of the north jetty at 43°07′24′ eastward to a point on the shoreline at N., 124°24′59′ W. thence westward along 44°00′00″ N., 124°08′12″ W. thence north- the north shoreline of the entrance ward along the shoreline and south- channel and northward along the sea- ward along the west bank of the en- ward shoreline to the beginning. trance channel to 44°00′35″ N., 124°07′48″ (15) Rogue River Bar, Oreg.: From a W. thence southeastward to a point on point on the shoreline at 42°26′25′ N., the east bank of the entrance channel 124°26′03′ W. thence westward to 42°26′10′ at 44°00′20″ N., 124°07′31″ W. thence N., 124°27′05′ W. thence southward to northward along the east bank of the 42°24′15′ N., 124°27′05′ W. thence east- entrance channel and northward along ward to a point on the shoreline at the seaward shoreline to the beginning. 42°24′15′ N., 124°25′30′ W. thence north- (12) Umpqua River Bar, Oreg.: From a ward along the shoreline and eastward point on the shoreline at 43°41′20″ N., along the south shoreline of the en- 124°11′58″ W. thence westward to trance channel to the highway bridge 43°41′20″ N., 124°13′32″ W thence south- thence northward across the inner har- ward to 43°38′35″ N., 124°14′25″ W. thence bor jetty to a point on the north shore- eastward to a point on the shoreline at line of the entrance channel at the 43°38′35″ N., 124°12′35″ W. thence north- highway bridge thence westward along ward along the shoreline to the naviga- the north shoreline of the entrance tional light ‘‘6’’ located on the jetty at channel thence northward along the 43°40′11″ N., 124°11′56″ W. thence north- seaward shoreline to the beginning. ward to a point on the north bank of (16) Chetco River Bar, Oreg.: From a the entrance channel at 43°40′33″ N., point on the shoreline at 42°02′35′ N., 124°11′56″ W. thence southwestward 124°17′20′ W. thence southeastward to

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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 (b) Definitions. For the purposes of non-commercial use. It does not in- this section: clude a vessel engaged in carrying pay- (1) Bar closure means that the oper- ing passengers. ation of any vessel within a regulated (11) Small passenger vessel means a navigation area established in para- vessel inspected under 46 CFR sub- graph (a) of this section has been pro- chapter T or 46 CFR subchapter K. hibited by the Coast Guard. (12) Uninspected passenger vessel (2) Bar crossing plan (also known as a means an uninspected vessel— Go/No-Go plan) means a plan developed (i) Of at least 100 gross tons; by local industry professionals, in co- (A) Carrying not more than 12 pas- ordination with the Coast Guard, for a sengers, including at least one pas- bar within a regulated navigation area senger-for-hire; or established in paragraph (a) of this sec- (B) That is chartered with the crew tion and adopted by the master or op- provided or specified by the owner or erator of a small passenger vessel to the owner’s representative and car- guide his vessel’s operations on and in rying not more than 12 passengers; or the vicinity of that bar. (ii) Of less than 100 gross tons; (3) Bar restriction means that oper- (A) Carrying not more than six pas- ation of a recreational or uninspected sengers, including at least one pas- passenger vessel within a regulated senger-for-hire; or (B) That is chartered with the crew navigation area established in para- provided or specified by the owner or graph (a) of this section has been pro- the owner’s representative and car- hibited by the Coast Guard. rying not more than six passengers. (4) Commercial fishing industry vessel (13) Unsafe condition exists when the means a fishing vessel, fish tender ves- wave height within a regulated naviga- sel, or a fish processing vessel. tion area identified in paragraph (a) of (5) Designated representative means this section is equal to or greater than any Coast Guard commissioned, war- the maximum wave height determined rant, or petty officer that has been au- by the formula L/10 + F = W where: thorized by the Captain of the Port to act on his behalf. L = Overall length of a vessel measured in (6) Fish processing vessel means a ves- feet in a straight horizontal line along sel that commercially prepares fish or and parallel with the centerline between fish products other than by gutting, de- the intersections of this line with the vertical planes of the stem and stern pro- capitating, gilling, skinning, shucking, files excluding deckhouses and equip- icing, freezing, or brine chilling. ment. (7) Fish tender vessel means a vessel F = The minimum freeboard when measured that commercially supplies, stores, re- in feet from the lowest point along the frigerates, or transports fish, fish prod- upper strake edge to the surface of the ucts, or materials directly related to water. fishing or the preparation of fish to or W = Maximum wave height in feet to the from a fishing, fish processing, or fish nearest highest whole number. tender vessel or a fish processing facil- (c) Regulations—(1)(i) Bar restriction. ity. Passage across the bars located in the

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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 in making their determination. Fac- unenclosed areas of their vessel are tors that will be considered include, wearing lifejackets and that lifejackets but are not limited to: size and type of are readily accessible for/to all persons vessel, sea state, winds, wave period, and tidal currents. When a bar is re- located in any enclosed areas of their stricted, the operation of recreational vessel: and uninspected passenger vessels in (A) When crossing the bar and a bar the regulated navigation area estab- restriction exists for recreational ves- lished in paragraph (a) of this section sels of the same length or in which the restricted bar is located is (B) Whenever their vessel is being prohibited unless specifically author- towed or escorted across the bar by the ized by the COTP or his designated rep- Coast Guard. resentative. (ii) The master or operator of any (ii) Bar closure. The bars located in uninspected passenger vessel operating the regulated navigation areas estab- in a regulated navigation area estab- lished in paragraph (a) of this section lished in paragraph (a) of this section will be closed to all vessels whenever during the conditions described in environmental conditions exceed the paragraph (c)(3)(i)(A) of this section operational limitations of the relevant shall contact the Coast Guard on VHF– Coast Guard search and rescue re- FM Channel 16 or 22A prior to crossing sources as determined by the COTP. the bar between sunset and sunrise. When a bar is closed, the operation of The master or operator shall report the any vessel in the regulated navigation following: area established in paragraph (a) of (A) Vessel name, this section in which the closed bar is (B) Vessel location or position, located is prohibited unless specifically (C) Number of persons onboard the authorized by the COTP or his des- vessel, and ignated representative. For bars having (D) Vessel destination. deep draft vessel access, the COTP will consult with the local pilots associa- (4) Safety requirements for Small Pas- tion, when practicable, prior to closing senger Vessels (SPV). (i) The master or the affected bar. operator of any small passenger vessel (iii) The Coast Guard will notify the operating in a regulated navigation public of bar restrictions and bar clo- area established in paragraph (a) of sures via a Broadcast Notice to Mari- this section shall ensure that all per- ners on VHF–FM Channel 16 and 22A. sons located in any unenclosed areas of Additionally, Coast Guard personnel their vessel are wearing lifejackets and may be on-scene to advise the public of that lifejackets are readily accessible any bar restrictions and/or closures. for/to all persons located in any en- (2) Safety requirements for recreational closed areas of their vessel: vessels. The operator of any rec- (A) When crossing the bar and a bar reational vessel operating in a regu- restriction exists for recreational ves- lated navigation area established in sels or uninspected passenger vessels of paragraph (a) of this section shall en- the same length or

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(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 the persons on their vessel must wear personnel. Coast Guard personnel in- lifejackets, however, then the master clude commissioned, warrant, and or operator must comply with the safe- petty officers of the United States ty requirements provided in paragraph Coast Guard. (c)(4)(i) of this section in their en- [USCG–2008–1017, 74 FR 59101, Nov. 17, 2009, as tirety. amended at 75 FR 10688, Mar. 9, 2010; 75 FR (iii) The master or operator of any 18055, Apr. 9, 2010; 75 FR 41988, July 20, 2010] small passenger vessel operating in a regulated navigation area established § 165.1326 Regulated Navigation Areas; in paragraph (a) of this section during Port of Portland Terminal 4, Wil- the conditions described in paragraph lamette River, Portland, OR. (c)(4)(i)(A) of this section shall contact (a) Regulated navigation areas. Each of the Coast Guard on VHF–FM Channel the following areas is a regulated navi- 16 or 22A prior to crossing the bar be- gation area: tween sunset and sunrise. The master (1) All waters of the Willamette River or operator shall report the following: in the head of the Port of Portland’s (A) Vessel name, Terminal 4 Slip 3, encompassed by a (B) Vessel location or position, line commencing at 45°36′ 01.861″ N/ (C) Number of persons onboard the 122°46′ 20.995″ W thence to 45°36′ 01.455 N/ vessel, and 122°46′ 20.887″ W thence to 45°36′ 00.993″ (D) Vessel destination. N/122°46′ 20.714″ W thence to 45°36′ (5) Safety requirements for Commercial 00.725″ N/122°46′ 20.923″ W thence to Fishing Vessels (CFV). (i) The master or 45°36′ 00.731″ N/122°46′ 21.262″ W thence operator of any commercial fishing to 45°36′ 00.712″ N/122°46′ 21.823″ W vessel operating in a regulated naviga- thence to 45°36′ 01.230″ N/122°46′ 22.048″ tion area established in paragraph (a) W thence to 45°36′ 01.651″ N/122°46′ of this section shall ensure that all per- 22.168″ W thence to 45°36′ 01.684″ N/ sons located in any unenclosed areas of 122°46′ 22.372″ W thence to 45°36′ 01.873″ their vessel are wearing lifejackets or N/122°46′ 22.303″ W thence to 45°36′ immersion suits and that lifejackets or 02.065″ N/122°46′ 21.799″ W thence to immersion suits are readily accessible 45°36′ 01.989″ N/122°46′ 21.574″ W thence for/to all persons located in any en- to 45°36′ 01.675″ N/122°46′ 21.483″ W closed spaces of their vessel: thence to 45°36′ 01.795″ N/122°46′ 21.442″ (A) When crossing the bar and a bar W thence to 45°36′ 01.861″ N 122°46′ restriction exists for recreational ves- 20.995″ W. sels or uninspected passenger vessels of (2) All waters of the Willamette River the same length or in Wheeler Bay between Slip 1 and Slip (B) Whenever their vessel is being 3 in the Port of Portland’s Terminal 4, towed or escorted across the bar by the encompassed by a line commencing at Coast Guard. 45°36′ 10.634″ N/122°46′ 39.056″ W thence (ii) The master or operator of any to 45°36′ 10.269″ N/122°46′ 37.140″ W commercial fishing vessel operating in thence to 45°36′ 10.027″ N/122°46′ 36.050″

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W thence to 45°36′ 09.722″ N/122°46′ sions applicable to the security zone 34.181″ W thence to 45°36′ 09.425″ N/ created in paragraph (a) of this section. 122°46′ 33.118″ W thence to 45°36′ 08.960″ (c) Notification. The Coast Guard se- N/122°46′ 32.150″ W thence to 45°36′ curity escort will attempt, when nec- 08.653″ N/122°46′ 31.681″ W thence to essary and practicable, to notify any 45°36′ 08.191″ N/122°46′ 31.341″ W thence persons or vessels inside or in the vi- to 45°36′ 07.886″ N/122°46′ 31.269″ W cinity of the security zone created in thence to 45°36′ 07.517″ N/122°46′ 31.038″ paragraph (a) of this section of its ex- W thence to 45°36′ 07.235″ N/122°46′ istence via VHF Channel 16 and/or any 31.066″ W thence to 45°36′ 07.040″ N/ other means reasonably available. 122°46′ 30.941″ W thence to 45°36′ 06.697″ N/122°46′ 30.987″ W thence to 45°36′ [USCG–2009–1057, 75 FR 28204, May 20, 2010, as ″ ° ′ ″ amended by USCG–2010–0351, 75 FR 47212, 06.509 N/122 46 31.251 W thence to Aug. 5, 2010] 45°36′ 06.201″ N/122°46′ 31.517″ W thence to 45°36′ 06.081″ N/122°46′ 1.812″ W thence § 165.1328 Regulated Navigation Area; to 45°36′ 06.550″ N/122°46′ 32.124″ W U.S. Navy submarines, Hood Canal, thence to 45°36′ 06.970″ N/122°46′ 31.895″ WA. W thence to 45°36′ 07.172″ N/122°46′ (a) Location. The following area is a 31.868″ W thence to 45°36′ 07.883″ N/ regulated navigation area (RNA): All 122°46′ 32.316″ W thence to 45°36′ 08.370″ waters of the Hood Canal in the State N/122°46′ 32.927″ W thence to 45°36′ of Washington whenever any U.S. Navy 08.775″ N/122°46′ 33.888″ W thence to submarine is operating in the Hood 45°36′ 09.121″ N/122°46′ 35.337″ W thence Canal and is being escorted by the to 45°36′ 09.230″ N/122°46′ 36.166″ W Coast Guard. For purposes of this sec- thence to 45°36′ 09.442″ N/122°46′ 37.759″ tion, ‘‘Hood Canal’’ means all waters of W thence to 45°36′ 09.865″ N/122°46′ Hood Canal, including Dabob Bay, lo- 39.511″ W thence to 45°36′ 10.421″ N/ cated between two lines with the first 122°46′ 39.469″ W thence to 45°36′ 10.634″ line connecting positions 47°37.9′ N, N/122°46′ 39.056″ W. 122°57.1′ W and 47°37.9′ N, 122°52.9′ W and (b) Regulations. All vessels are prohib- the second line connecting positions ited from anchoring, dragging, dredg- 48°00.7′ N, 122°41.0′ W and 47°56.4′ N, ing, or trawling in the regulated navi- 122°36.9′ W gation areas established in paragraph (b) Regulations. All persons and ves- (a) of this section. sels located within the RNA created by [USCG–2009–0370, 75 FR 20525, Apr. 20, 2010] paragraph (a) of this section shall fol- low all lawful orders and/or directions § 165.1327 Security Zone; escorted U.S. given to them by Coast Guard security Navy submarines in Sector Seattle escort personnel. 33 CFR Section 165, Captain of the Port Zone. Subpart B, contains additional provi- (a) Location. The following area is a sions applicable to the RNA created in security zone: All waters within 1000 paragraph (a) of this section. yards of any U.S. Navy submarine that (c) Notification. The Coast Guard se- is operating in the Sector Puget Sound curity escort will attempt, when nec- Captain of the Port Zone, as defined in essary and practicable, to notify any 33 CFR Section 3.65–10, and is being es- persons or vessels in the RNA created corted by the Coast Guard. in paragraph (a) of this section of its (b) Regulations. In accordance with existence via VHF Channel 16 and/or the general regulations in 33 CFR Sec- any other means reasonably available. tion 165, Subpart D, no person or vessel [USCG–2009–1058, 75 FR 27640, May 18, 2010] may enter or remain in the security zone created by paragraph (a) of this § 165.1329 Regulated Navigation Area; section unless authorized by the Coast Thea Foss and Wheeler-Osgood Wa- Guard patrol commander. The Coast terways EPA Superfund Cleanup Guard patrol commander will coordi- Site, Commencement Bay, Tacoma, nate with Vessel Traffic System users WA. on a case-by-case basis to make appro- (a) Regulated areas. The following priate passing arrangements under the areas are regulated navigation areas: circumstances. 33 CFR Section 165, (1) All waters of the Thea Foss Wa- Subpart D, contains additional provi- terway bounded by a line connecting

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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: 47°15′18.05″ N, 122°25′59.48″ W; Point 4: W. 47°15′18.26″ N, 122°25′56.45″ W. [Datum: (b) Regulations. In accordance with NAD 1983]. the general regulations in 33 CFR Part (3) All waters of the Thea Foss and 165, Subpart C, no vessel operator may Wheeler-Osgood Waterways south of a enter, transit, moor, or anchor within line bounded by connecting the fol- this safety zone, except for vessels au- lowing points: Point 1: 47°15′13.94″ N, thorized by the Captain of the Port or 122°26′05.56″ W; Point 2: 47°15′15.01″ N, Designated Representative, thirty min- 122°25′55.14″ W. [Datum: NAD 1983]. utes prior to the beginning, during and (b) Regulations. (1) All vessels and thirty minutes following the conclu- persons are prohibited from activities sion of the Parade of Ships. For the that would disturb the seabed, such as purpose of this rule, the Parade of anchoring, dragging, trawling, spud- Ships includes both the pass and review ding, or other activities that involve of the ships near Pier 66 and the aerial disrupting the integrity of the sedi- demonstrations immediately following ment caps installed in the designated the pass and review. The Captain of the regulated navigation area, pursuant to Port may be assisted by other federal, the remediation efforts of the U.S. En- state, or local agencies as needed. vironmental Protection Agency (EPA) (c) Authorization. In order to transit and others in the Thea Foss and Wheel- through this safety zone, authorization er-Osgood Waterways EPA superfund must be granted by the Captain of the cleanup site. Vessels may otherwise Port, Puget Sound, or their Designated transit or navigate within this area Representative. All vessel operators de- without reservation. siring entry into this safety zone shall (2) The prohibition described in para- gain authorization by contacting ei- graph (b)(1) of this section does not ther the on-scene U.S. Coast Guard pa- apply to vessels or persons engaged in trol craft on VHF Ch 13 or Ch 16, or activities associated with remediation Coast Guard Sector Puget Sound Joint efforts in the Thea Foss or Wheeler- Harbor Operations Center (JHOC) via Osgood Waterways superfund sites, pro- telephone at (206) 217–6002. Requests vided that the Captain of the Port, Puget Sound (COTP), is given advance shall indicate the reason why move- notice of those activities by the EPA. ment within the safety zone is nec- essary and the vessel’s arrival and/or (c) Waiver. Upon written request stat- ing the need and proposed conditions of departure facility name, pier and/or the waiver, and any proposed pre- berth. Vessel operators granted permis- cautionary measures, the COTP may sion to enter this safety zone will be authorize a waiver from this section if escorted by the on-scene patrol until the COTP determines that the activity no longer within the safety zone. for which the waiver is sought can take (d) Enforcement period. This rule is en- place without undue risk to the reme- forced annually during the parade of diation efforts described in paragraph ships which typically occurs on a (b)(1) of this section. The COTP will Wednesday during the last week of consult with EPA in making this deter- July or the first week in August from mination when necessary and prac- 8 a.m. until 8 p.m. unless cancelled ticable. sooner by the Captain of the Port. [USCG–2008–0747, 75 FR 76281, Dec. 8, 2010] [USCG–2010–0062, 76 FR 30018, May 24, 2011]

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§ 165.1332 Safety Zones; annual fire- (1) All waters of Puget Sound, Wash- work displays within the Captain of ington, extending to a 450 yard radius the Port, Puget Sound Area of Re- from the following launch sites: sponsibility. (a) Safety Zones. The following areas are designated safety zones:

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 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] sign, 4 foot by 4 foot, with a 3 inch or- (b) Special requirements. Firework ange retro-reflective border. The word barges or launch sites on land used in ‘‘DANGER’ shall be 10 inch black block locations stated in this rule shall dis- letters centered on the sign with the play a sign. The sign will be affixed to words ‘‘FIREWORKS’’ and ‘‘STAY the port and starboard side of the barge AWAY’’ in 6 inch black block letters or mounted on a post 3 feet above placed above and below the word ground level when on land and in close ‘‘DANGER’’ respectively on a white proximity to the shoreline facing the background. An on-scene patrol vessel water labeled ‘‘FIREWORKS–DAN- will enforce these safety zones 30 min- GER–STAY AWAY.’’ This will provide utes prior to the start and 30 minutes on-scene notice that the safety zone is, after the conclusion of the fireworks or will, be enforced on that day. This display. notice will consist of a diamond shaped

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(c) Notice of enforcement. These safety (5) The first weekend of December. zones will be activated and thus sub- (g) Contact information. Questions ject to enforcement, under the fol- about safety zones and related events lowing conditions: the Coast Guard should be addressed to COMMANDER must receive and approve a marine (spw), U.S. COAST GUARD SECTOR, event permit for each firework display Attention: Waterways Management Di- and then the Captain of the Port will vision, 1519 Alaskan Way South, Se- cause notice of the enforcement of attle, WA 98134–1192. these safety zones to be made by all ap- [USCG–2010–0063, 75 FR 33700, June 15, 2010, as propriate means to provide notice to amended by USCG–2011–0842, 76 FR 61265, Oct. the affected segments of the public as 4. 2011; USCG–2013–0220, 78 FR 29025, May 17, practicable, in accordance with 33 CFR 2013] 165.7(a). The Captain of the Port will issue a Broadcast Notice to Mariners § 165.1333 Security Zones, Seattle’s and Local Notice to Mariners notifying Seafair Fleet Week moving vessels, the public of activation and suspension Puget Sound, WA. of enforcement of these safety zones. (a) Location. The following areas are Additionally, an on-scene Patrol Com- security zones: all navigable waters mander will ensure enforcement of this within 500 yards of each designated safety zone by limiting the transit of participating vessel while each such non-participating vessels in the des- vessel is in the Sector Puget Sound ignated areas described above. Captain of the Port (COTP) zone, as de- (d) Regulations. In accordance with fined in 33 CFR 3.65–10, during a time the general regulations in 33 CFR part specified in paragraph (e) of this sec- 165, subpart C, no vessel operator may tion. The Coast Guard will publish a enter, transit, moor, or anchor within notice in the FEDERAL REGISTER each this safety zone, except for vessels au- year at least 03 days before the start of thorized by the Captain of the Port or the Seattle Seafair Fleet Week to iden- Designated Representative. tify the designated participating ves- (e) Authorization. All vessel operators sels for that year. The Coast Guard will who desire to enter the safety zone also provide this information in the must obtain permission from the Cap- Local Notice to Mariners. tain of the Port or Designated Rep- (b) Definitions. For purposes of this resentative by contacting either the section— on-scene patrol craft on VHF Ch 13 or Designated participating vessel means a Ch 16 or the Coast Guard Sector Se- military vessel participating in the Se- attle Joint Harbor Operations Center attle Seafair Fleet Week that has been (JHOC) via telephone at (206) 217–6002. designated by the Sector Puget Sound (f) Enforcement period. This rule will COTP in accordance with this section. be enforced from 5 p.m. until 1 a.m. Designated representative means any each day a barge with a ‘‘FIRE- Coast Guard commissioned, warrant, or WORKS–DANGER–STAY AWAY’’ sign petty officer who has been designated is located within any of the above des- by the COTP to implement or enforce ignated safety zone locations and this section. meets the criteria established in sec- Seattle Seafair Fleet Week means an tion (b), within the following time- annual event involving a parade of U.S. frames: Navy, U.S. Coast Guard, and foreign (1) The last two weeks of December military ships in Seattle’s Elliott Bay until the conclusion of the first week- waterfront and tours of those ships end of January. while docked at Port of Seattle facili- (2) The last weekend of June until ties. the conclusion of the third week of (c) Regulations. Under 33 CFR Part July. 165, Subpart D, no person or vessel may (3) The second weekend of August enter or remain in the security zones until the conclusion of the fourth week described in paragraph (a) of this sec- of August. tion without the permission of the (4) The first weekend of September COTP or a designated representative. until the conclusion of the third week The COTP has granted general permis- of September. sion for vessels to enter the outer 400

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yards of the security zones as long as Guard Sector Puget Sound Joint Har- those vessels within the outer 400 yards bor Operations Center at 206–217–6001. of the security zones operate at the [USCG–2010–0021, 75 FR 53196, Aug. 31, 2010, as minimum speed necessary to maintain amended at 75 FR 67032, Nov. 1, 2010] course unless required to maintain speed by the navigation rules. The § 165.1335 Security Zone; Vessels Car- COTP may be assisted by other federal, rying Hazardous Cargo, Sector Co- state or local agencies with the en- lumbia River Captain of the Port forcement of the security zones. Zone. (d) Authorization. All vessel operators (a) Location. The following area is a who desire to enter the inner 100 yards security zone: All waters within 500 of the security zones or transit the yards, in all directions, of any vessel outer 400 yards at greater than min- carrying hazardous cargo, as deter- imum speed necessary to maintain mined by the Captain of the Port course must obtain permission from (COTP) Columbia River, while such a the COTP or a Designated Representa- vessel is located in the Sector Colum- tive by contacting the on-scene Coast bia River COTP Zone as defined in 33 Guard patrol craft on VHF 13 or Ch 16. CFR 3.65–15 and the COTP Columbia Requests must include the reason why River determines that a security zone movement within this area is nec- is necessary and enforcement of the se- essary. Vessel operators granted per- curity zone is practicable. mission to enter the security zones will (b) Regulations. (1) In accordance with be escorted by the on-scene Coast the general regulations in 33 CFR part Guard patrol craft until they are out- 165, Subpart D, no person or vessel may side of the security zones. enter or remain in a security zone cre- (e) Annual enforcement period. The se- ated by this section without the per- curity zones described in paragraph (a) mission of the COTP Columbia River or of this section will be enforced during his/her designated representative. Des- Seattle Seafair Fleet Week each year ignated representatives are Coast for a period of up to one week. The Se- Guard personnel authorized by the attle Seafair Fleet Week will occur COTP Columbia River to grant persons sometime between July 25 and August or vessels permission to enter or re- 14. The annual FEDERAL REGISTER no- main in a security zone created by this tice identifying the designated partici- section. Subpart D of 33 CFR part 165 pating vessels will also identify the contains additional provisions applica- specific dates of the event for that ble to a security zone created by this year. section. (2) To request permission to enter a [USCG–2011–1126, 77 FR 40524, July 10, 2012] security zone created by this section, contact Coast Guard Sector Columbia § 165.1334 Security Zone; U.S. Coast River at telephone number 503–861–6212 Guard BSU Seattle, Pier 36, Elliot or via VHF channel 16 (156.8 MHz) or Bay, Seattle, WA. VHF channel 22 (157.1 MHz). (a) Location. The following area is a (c) Notification. When a security zone security zone: All waters in Elliot Bay is created by this section, one or more east of a line from 47°35′26.67″ N Coast Guard vessels will be present to 122°20′34.84″ W to 47°35′23.69″ N enforce the security zone and the COTP 122°20′34.77″ W at Pier 36, Elliot Bay, Columbia River will issue a local Seattle, WA. broadcast notice to mariners. (b) Regulations: Under 33 CFR part [USCG–2009–1134, 76 FR 28317, May 17, 2011] 165, subpart D, no vessel may enter, transit, moor, or anchor within this se- § 165.1336 Regulated Navigation Area; curity zone located at Pier 36, Elliot Pacific Sound Resources and Bay, WA, except for vessels authorized LockheedShipyard Superfund Sites, by the Captain of the Port Puget Elliott Bay, Seattle, WA. Sound or Designated Representative. (a) Regulated areas. The following (c) Authorization: To request author- areas are regulated navigation areas: ization to operate within this security (1) All waters inside an area begin- zone, contact United States Coast ning at a point on the shore at 47°35′

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02.7″ N 122°22′23.00″ W; thence north to § 165.1337 Regulated Navigation Area, 47°35′26.00″ N 122°22′23.00″ W; thence east Zidell Waterfront Property, Willam- to 47°35′26.00″ N 122°21′52.50″ W; thence ette River, OR. south to 47°35′10.80″ N 122°21′52.50″ W; (a) Regulated navigation area. The fol- thence southwest to a point on the lowing area is a regulated navigation shoreline at 47°35′05.9″ N 122°21′58.00″ W. area: All waters within the area bound- [Datum: NAD 1983]. ed by the following points: 45°29′55.12″ (2) All waters inside an area begin- N/122°40′2.19″ W; thence continuing to ning at 47°34′ 52.16″ N 122°21′27.11″ W; 45°29′55.14″ N/122°39′59.36″ W; thence con- ° ′ ″ ° ″ thence to 47°34′ 53.46″ N 122°21′30.42″ W; tinuing to 45 29 56.30 N/122 39 59.09 W; ° ′ ″ thence to 47°34′ 37.92″ N 122°21′30.51″ W; thence continuing to 45 29 57.51 N/ 122°39′59.64″ W; thence continuing to thence to 47°34′ 37.92″ N 122°21′27.65″ W. 45°29′58.72″ N/122°39′59.64″ W; thence con- [Datum: NAD 1983]. tinuing to 45°30′0.52″ N/122°39′59.94″ W; (b) Regulations. (1) All vessels and thence continuing to 45°30′1.95″ N/ persons are prohibited from activities 122°40′0.46″ W; thence continuing to that would disturb the seabed, such as 45°30′3.44″ N/122°40′0.78″ W; thence con- anchoring, dragging, trawling, spud- tinuing to 45°30’ 4.87″ N/122°40’ 0.95″ W; ding, or other activities that involve thence continuing to 45°30′7.33″ N/ disrupting the integrity of the sedi- 122°40′1.80″ W; thence continuing to ment caps installed in the designated 45°30′8.11″ N/122°40′2.69″ W; thence con- regulated navigation area, pursuant to tinuing to 45°30′8.83″ N/122°40′3.81″ W; the remediation efforts of the U.S. En- thence continuing to 45°30′13.06″ N/ vironmental Protection Agency (EPA) 122°40′5.39″ W; thence continuing to and others in the Pacific Sound Re- 45°30′15.30″ N/122°40′6.93″ W; thence con- sources and Lockheed Shipyard EPA tinuing to 45°30′17.78″ N/122°40′8.16″ W; superfund sites. Vessels may otherwise thence continuing to 45°30′20.53″ N/ ° ′ ″ transit or navigate within this area 122 40 9.07 W; thence continuing to ° ′ ″ ° ′ ″ without reservation. 45 30 20.90 N/122 40 11.52 W; thence con- tinuing to 45°30′24.04″ N/122°40′12.53″ W; (2) The prohibition described in para- thence continuing to 45°30′23.79″ N/ graph (b)(1) of this section does not 122°40′14.87″ W; thence continuing along apply to vessels or persons engaged in the shoreline to 45°29′55.12″ N/122°40′2.19″ activities associated with remediation W. Geographically the regulated navi- efforts in the superfund sites, provided gation area covers all waters adjacent that the Captain of the Port, Puget to the Zidell Waterfront Property on Sound (COTP), is given advance notice the Willamette River extending from of those activities by the EPA. the west bank of the river out 200 to 400 (3) Nothing in this section is intended feet into the river depending on the to conflict with treaty fishing rights of exact location between approximate the Muckleshoot and Suquamish river mile 14.2 near the Ross Island tribes, and they are not restricted from Bridge and approximate river mile 13.5 any type of fishing in the described near the Marquam Bridge. area. (b) Regulations. All vessels are prohib- (c) Waivers. Upon written request ited from anchoring, dragging, dredg- stating the need and proposed condi- ing, or trawling in the regulated navi- tions of the waiver, and any proposed gation area established by this section. precautionary measures, the COTP See 33 CFR part 165, subpart B, for ad- may authorize a waiver from this sec- ditional information and requirements. tion if the COTP determines that the [USCG–2011–0254, 77 FR 19546, Apr. 2, 2012] activity for which the waiver is sought can take place without undue risk to § 165.1338 Regulated Navigation Area; the remediation efforts described in Slip 4 Early Action Area Superfund Site, Lower Duwamish Waterway, paragraph (b)(1) of this section. The Seattle, WA. COTP will consult with EPA in making this determination when necessary and (a) Regulated Areas. The following areas are regulated navigation areas: practicable. All waters within the northern portion [USCG–2010–1145, 77 FR 21435, Apr. 10, 2012] of Slip 4 bounded by the shoreline and

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the southern boundary of the Early Ac- (b) Regulations. In accordance with tion Area defined as the line beginning the general regulations in 33 CFR Part at a point on the shore at 47°32′08.47″ N, 165, Subpart C, no person may enter or 122°19′12.00″ W; thence southeast to a remain in the safety zone created in point on the shoreline at 47°32′07.02″ N, this rule unless authorized by the Cap- 122°19′09.23″ W (Datum: NAD 1983/91). tain of the Port or a Designated Rep- (b) Regulations. (1) All vessels and resentative. See 33 CFR Part 165, Sub- persons are prohibited from grounding, part C, for additional information and anchoring, dragging, trawling, spud- requirements. Vessel operators wishing ding, or otherwise contacting the riv- to enter the zone during the enforce- erbed within the designated regulated ment period must request permission navigation area. Vessels may otherwise for entry by contacting the on-scene transit or navigate within this area in patrol commander on VHF channel 13 accordance with the Navigation Rules. or 16, or the Sector Puget Sound Joint (2) The prohibition described in para- Harbor Operations Center at (206) 217– graph (b)(1) of this section does not 6001. apply to vessels or persons engaged in (c) Definition. Training exercises are activities associated with remediation defined as full scale exercises that are efforts in the superfund sites, provided significant in nature and involve mul- that the Captain of the Port, Puget tiple units and vessels. This safety zone Sound (COTP), is given advance notice will not be utilized by operations and of those activities by the Environ- training which is conducted daily or is mental Protection Agency. routine in nature. (3) The prohibition described in para- (d) Enforcement period. The safety graph (b)(1) of this section does not zone described in paragraph (a) of this apply to vessels or person engaged in section would be enforced by the Cap- fishing activities pursuant to fishing tain of the Port only upon notice. No- rights held by treaty with the United tice of enforcement by the Captain of States. the Port will be provided 45 days prior (c) Waivers. Upon written request to execution of the exercise by all ap- stating the need and proposed condi- propriate means, in accordance with 33 tions of the waiver, and any proposed CFR 165.7(a). Such means will include precautionary measures, the COTP publication in the FEDERAL REGISTER, may authorize a waiver from this sec- and may also include Broadcast Notice tion if the COTP determines that the to Mariners, Local Notice to Mariners, activity for which the waiver is sought or both. can take place without undue risk to [USCG–2012–0900, 78 FR 8029, Feb. 7, 2013] the remediation efforts described in paragraph (b)(1) of this section. The § 165.1341 Safety Zone; Portland Drag- COTP will consult with EPA in making on Boat Races, Portland, OR. this determination when necessary and (a) Safety Zones. The following area is practicable. a designated safety zone: [USCG–2013–0293, 79 FR 62829, October 21, (1) Location. This safety zone is en- 2014] closed by four lines along the western side of the Willamette River extending § 165.1339 Safety Zone; Coast Guard from Tom McCall Waterfront Park be- Exercise Area, Hood Canal, Wash- tween the Hawthorne and Marquam ington. Bridges, Portland, OR: line one start- (a) Location. The following area is a ing at 45–30′49″ N/122–40′24″ W then head- safety zone: All waters encompassed ing east to 45–30′49″ N/122–40′22″ W then within 500 yards of any vessel that is heading south to 45–30′29″ N/122–40′08″ W involved in a Coast Guard training ex- then heading west to 45–30′26″ N/122– ercise while such vessel is transiting 40′14″ W then heading north ending at Hood Canal, WA between Foul Weather 45–30′49″N/122–40′24″ W. Bluff and the entrance to Dabob Bay. (2) Enforcement period. This safety Vessels involved will be various sizes zone will be enforced from 8:00 a.m. to and can be identified as those flying 6:00 p.m. on the first or second Satur- the Coast Guard Ensign. day and Sunday of September.

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(b) Regulations. In accordance with zone is unnecessary or impractical for the general regulations in 33 CFR Part the purpose of maritime security. 165, subpart C, no person may enter or (f) Penalties. Vessels or persons vio- remain in the safety zone created in lating this rule are subject to the pen- this section or bring, cause to be alties set forth in 33 U.S.C. 1232. brought, or allow to remain in the safe- EFFECTIVE DATE NOTE: By USCG–2015–0300, ty zone created in this section any ve- 80 FR 28560, May 19, 2015,temporary § 165.T14– hicle, vessel, or object unless author- ;300 was added, effective from 7:30 a.m. May ized by the Captain of the Port or his 25, 2015 through 6:00 p.m. (local Kilo time) on designated representative. The Captain Aug. 8, 2015. of the Port may be assisted by other Federal, State, or local agencies with § 165.14–1414 Safety Zones; Hawaiian the enforcement of the safety zone. Islands Commercial Harbors; HI. [USCG–2014–0492, 79 FR 62832, Oct. 21, 2014] (a) Location. The following commer- cial harbors are safety zones: FOURTEENTH COAST GUARD DISTRICT (1) All waters of Nawiliwili Harbor, Kauai inland from a line drawn be- § 165.T14–300 Safety Zone; Agat Ma- tween 21° 56′58″ N, 159° 21′28″ W and 21° rina, Agat, Guam. 57′11″ N, 159° 21′10″ W; (a) Location. The following area, (2) All waters of Port Allen, Kauai within the Guam COTP Zone (See 33 immediately adjacent to the Depart- CFR 3.70–15), from the surface of the ment of Transportation commercial water to the ocean floor, is a safety pier (located at 21° 53′59″ N, 157° 35′21″ zone: 25 yards around the construction W) extending out to 100 yards from the barge KIWI 1 in the waters of Agat Ma- piers faces; rina, Guam located at 13 degrees 28 (3) All waters of Barber’s Point Har- minutes 54 seconds North and 144 de- bor, Oahu inland from a line drawn be- grees 47 minutes 30 seconds East (NAD tween 21° 19′30″ N, 158° 07′14″ W and 21° 1983). There is a no wake zone estab- 19′18″ N, 158° 07′18″ W; lished for the entire length of the Agat (4) All waters of Honolulu Harbor, Channel. Oahu inland from a line drawn between (b) Effective Dates. This rule is effec- 21° 17′56″ N, 157° 52′15″ W and 21° 17′45″ N, tive from 7:30 a.m. May 25, 2015 through 157° 52′10″ W; 6:00 p.m. on August 8, 2015 (Kilo, Local (5) All waters of Kaunakakai Harbor, Time) while the construction barge immediately adjacent to the Inter- KIWI 1 is in the channel. island Cargo Terminal or Ferry Ter- (c) Regulations. The general regula- minal Pier out to 100 yards of the west tions governing safety zones contained face of the pier; in 33 CFR 165.23 apply. Entry into, (6) All waters of Kaumalapau Harbor, transit through or anchoring within Lanai inland from a line drawn be- this zone is prohibited unless author- tween 20° 47′10″ N, 156° 59′32″ W and 21° ized by the COTP or a designated rep- 47′01″ N, 156° 59′31″ W; resentative thereof. Authorization can (7) All waters of Kahului Harbor, be requested from PAG Harbor Master Maui inland from a line drawn between via phone at (671) 477–5931 ext 533. 20° 54′01″ N, 156° 28′26″ W and 20° 54′02″ N, (d) Enforcement. This rule is enforced 156° 28′18″ W; daily Monday through Saturday from (8) All waters of Kawaihae Harbor, 7:30 a.m. to 6:00 p.m. May 25, 2015 Hawaii immediately adjacent to com- through June 8, 2015 (Kilo, Local Time) mercial piers 1 and 2 extending out to while the construction barge KIWI 1 is 100 yards from the piers faces. in the channel. Any Coast Guard com- (9) All waters of Hilo Harbor, Hawaii missioned, warrant, or petty officer, immediately adjacent to commercial and any other COTP representative piers 1 and 2 extending out to 100 yards permitted by law, may enforce this from the piers faces. temporary safety zone. (10) The activation of these safety (e) Waiver. The COTP may waive any zones may include any combination of of the requirements of this rule for any these harbors, or all of these harbors, person, vessel, or class of vessel upon dependent upon details in the tsunami finding that application of the safety warning. These safety zones extend

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from the surface of the water to the 37′50.7″ E. (Based on World Geodetic ocean floor. System 1984 Datum). (b) Regulations. When the safety zones (2) The following is designated Safety are activated and, therefore, subject to Zone B: The waters of Apra Outer Har- enforcement, no person or vessel may bor encompassed within an arc of 1,400 enter or remain in the safety zone ex- yards radius centered at the center of cept for support vessels, support per- Naval Wharf Kilo, located at 13 degrees sonnel, and other vessels authorized by 26′44.5″ N and 144 degrees 37′50.7″ E. the Captain of the Port, Sector Hono- (Based on World Geodetic System 1984 lulu (COTP), or a designated represent- Datum). ative of the COTP. All commercial ves- (b) Special regulations. (1) Safety Zone sels must evacuate the harbor and A, described in paragraph (a) of this transit seaward beyond the 50 fathom section, will only be enforced when (300 foot) curve. These commercial har- Naval Wharf Kilo, or a vessel berthed bors will remain closed to all at Naval Wharf Kilo, is displaying a red transiting vessels until the Captain of (BRAVO) flag by day or a red light by the Port Honolulu lifts the evacuation night, accompanied by a ‘‘SAFETY order. All other applicable regulations ZONE A’’ sign. in 33 CFR 165 remain in effect and sub- (2) Safety Zone B, described in para- ject to enforcement. You may contact graph (a) of this section, will only be the Coast Guard on VHF Channel 16 enforced when Naval Wharf Kilo, or a (156.800 MHz) or at telephone number vessel berthed at Naval Wharf Kilo, is 808–842–2600 to obtain clarification on displaying a red (BRAVO) flag by day safety zone transits and locations. or a red light by night, accompanied by Coast Guard patrol boats will be en- a ‘‘SAFETY ZONE B’’ sign. forcing the safety zones and providing (3) Under general regulations in on-scene direction. Any vessel not ca- § 165.23, entry into the zones described pable of evacuating must contact the in paragraph (a) of this section is pro- Coast Guard Sector Command Center hibited unless authorized by the Cap- at (808) 842–2601 to request a waiver tain of the Port, Guam. from evacuating the harbor. [USCG–2013–0935, 80 FR 1338, Jan. 9, 2015] (c) Enforcement period. Paragraph (b) of this section will be enforced when a § 165.1403 Security Zones; Tinian, tsunami warning has been issued for Commonwealth of the Northern the Hawaiian Islands. The COTP will Mariana Islands. notify the public of any enforcement (a) Location. The following areas are through the following means to ensure security zones: the widest publicity: Broadcast notice (1) The waters of the Pacific Ocean to mariners, notices of enforcement, off Tinian between 14°59′04.9″ N, press releases and the Coast Guard’s 145°34′58.6″ E to 14°59′20.1″ N, 145°35′41.5″ Homeport Web site. Following the pas- E to 14°59′09.8″ N, 145°36′02.1″ E to sage of the tsunami or tsunami threat 14°57′49.3″ N, 145°36′28.7″ E to 14°57′29.1″ and harbor assessments as required, de- N, 145°35′31.1″ E and back to 14°59′04.9″ activation of these safety zones will be N, 145°34′58.6″ E. This zone will be en- conducted through radio broadcast by forced when one, or more, of the Mari- the U.S. Coast Guard. time Preposition Ships is in the zone or (d) Penalties. Vessels or persons vio- moored at Mooring A located at lating this rule would be subject to the 14°58′57.0″ N and 145°35′40.8″ E or Moor- penalties set forth in 33 U.S.C. 1232. ing B located at 14°58′15.9″ N, 145°35′54.8″ [USCG–2013–0021, 78 FR 63383, Oct. 24, 2013] E. (2) Additionally, a 50-yard security § 165.1401 Apra Harbor, Guam—safety zone in all directions around Moorings zones. A and B will be enforced when no ves- (a) Location. (1) The following is des- sels are moored thereto but mooring ignated Safety Zone A: The waters of balls are anchored and on station. Apra Outer Harbor encompassed within NOTE TO § 165.1403(a): All positions of lati- an arc of 1,000 yards radius centered at tude and longitude are from International the center of Naval Wharf Kilo, located Spheroid, Astro Pier 1944 (Saipan) Datum at 13 degrees 26′44.5″ N and 144 degrees (NOAA Chart 81071).

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(b) Regulations. (1) In accordance with COLREGS Demarcation line as de- general regulations in § 165.33 of this scribed in 33 CFR part 80. part, entry into this security zone is (3) Tanapag Harbor, Saipan—The prohibited unless authorized by the waters from surface to bottom of Captain of the Port. Tanapag Harbor, Saipan (CNMI), en- compassed by lines connecting the fol- [COTP Honolulu Reg. 86–08, 51 FR 42220, Nov. ° ′ ″ 24, 1986, as amended by USCG–2001–9286, 66 lowing points, beginning at 15 12 10 N, FR 33642, June 25, 2001; COTP Guam 07–005, 72 145°40′28″ E, thence north easterly to FR 65460, Nov. 21, 2007] 15°14′08″ N, 145°42′00″ E, thence due east to 15°14′08″ N, 145°44′02″ E, thence south § 165.1404 Apra Harbor, Guam—secu- easterly to 15°13′54″ N, 144°44′20″ E, rity zone. thence south westerly along the shore- (a) The following is designated as Se- line to 15°13′11″ N, 145°43′01″ E, thence curity Zone C—The waters of Apra south westerly to 15°12′10″ N, 145°40′28″ Outer Harbor, Guam surrounding Naval E. Mooring Buoy No. 702 (Located at (b) Security zones. A 100-yard radius 13°27′30.1″ N and 144°38′12.9″ E. Based on security zone is established around, World Geodetic System 1984 Datum) and is centered on, each escorted vessel and the Maritime Prepositioning ships within the regulated navigation areas moored thereto. The security zone will in paragraph (a) of this section. A secu- extend 100 yards in all directions rity zone is activated when an escorted around the vessel and its mooring. Ad- vessel enters an RNA and remains ac- ditionally, a 50 yard security zone will tive until the escorted vessel leaves the remain in effect in all directions RNA. This is a moving security zone around buoy No. 702 when no vessel is when the escorted vessel is in transit moored thereto. and becomes a fixed zone when the es- (b) In accordance with the general corted vessel is anchored or moored. A regulations in § 165.33 of this part, security zone will not extend beyond entry into Security Zone C is prohib- the boundary of the RNA in this sec- ited unless authorized by the Captain tion. of the Port, Guam. (c) Definitions. As used in this sec- tion: [COTP Guam Reg. 89–001, 55 FR 18725, May 4, (1) Designated representative means 1990] any Coast Guard commissioned, war- § 165.1405 Regulated Navigation Areas rant, or petty officer that has been au- and Security Zones: Designated Es- thorized to act on behalf of the COTP. corted Vessels-Philippine Sea and (2) Escorted Vessel means any vessel Apra Harbor Guam, and Tanapag operating in the RNA deemed by the Harbor, Saipan, Commonwealth of COTP to be in need of escort protection the Northern Mariana Islands for security reasons or under other cir- (CNMI). cumstances. A designated representa- (a) Regulated navigation area. The fol- tive aboard a Coast Guard cutter or pa- lowing areas, designated by coordi- trol boat will accompany vessels nates referencing World Geodetic deemed in need of escort protection Datum (1984), are regulated navigation into the RNA. areas (RNAs). (3) Navigation rules mean inter- (1) Philippine Sea, Guam—All waters national and inland navigation rules in from the surface to the bottom of the 33 CFR chapter I, subchapters D and E. Philippine Sea, Guam, encompassed by (4) Vessel means every description of lines connecting the following points, watercraft or other artificial contriv- beginning at 13°27′10″ N, 144°35′05″ E, ance used, or capable of being used, as thence easterly to 13°27′17″ N, 144°37′27″ a means of transportation on water, ex- E, thence south westerly to 13°26′52″ N, cept U.S. Coast Guard or U.S. naval 144°37′05″ E, thence westerly to 13°26′37″ vessels. N, 144°35′05″ E, thence due north back (d) Regulations. (1) No person or ves- to point of origin. sel may enter into the security zones (2) Apra Outer Harbor, Guam—All under this section unless authorized by waters from surface to bottom of Apra the COTP Guam or a designated rep- Outer Harbor, Guam, shoreward of the resentative.

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(2) A vessel in the RNA established notice to mariners prior to scheduled under paragraph (a) of this section op- launch dates. erating within 500 yards of an escorted (c) Regulation. The area described in vessel must proceed at a minimum paragraph (a) of this section will be speed necessary to maintain a safe closed to all vessels and persons, except course, unless required to maintain those vessels and persons authorized by speed by the navigation rules. the Commander, Fourteenth Coast (3) When an escorted vessel in the Guard District, or the Captain of the RNA approaches within 100 yards of a Port (COTP) Honolulu, Hawaii, when- vessel that is moored, or anchored in a ever Strategic Target System (STARS) designated anchorage area, the sta- vehicles are to be launched by the tionary vessel must stay moored or an- United States Government from the chored while it remains within the es- PMRF, Barking Sands, Kauai, Hawaii. corted vessel’s security zone unless it (d) The general regulations governing is either ordered by, or given permis- safety zones contained in 33 CFR 165.23 sion from the COTP Guam or a des- apply. ignated representative to do otherwise. [CGD14 92–05, 57 FR 54508, Nov. 19, 1992, as (4) The COTP will inform the public amended by CGD 96–026, 61 FR 33669, June 28, of the existence or status of the secu- 1996] rity zones around escorted vessels in the RNA periodically by Broadcast No- § 165.1407 Security Zones; Oahu, HI. tice to Mariners. (a) Location. The following areas, (5) Persons or vessels that must enter from the surface of the water to the a security zone or exceed speed limits ocean floor, are security zones that are established in this section may contact activated and enforced subject to the the COTP at command center tele- provisions of paragraphs (c) and (d). All phone number (671) 339–6100 or on VHF coordinates below are expressed in de- channel 16 (156.8 Mhz) to request per- grees, minutes, and tenths or hun- mission. dredths of minutes. (6) All persons and vessels within 500 (1) Honolulu Harbor. All waters of yards of an escorted vessel in the RNA Honolulu Harbor and Honolulu en- must comply with the orders of the trance channel commencing at a line COTP Guam or his designated rep- between entrance channel buoys no. 1 resentatives. and no. 2, to a line between the fixed (e) Authority. In addition to 33 U.S.C. day beacons no. 14 and no. 15 west of 1231 and 50 U.S.C. 191, the authority for Sand Island Bridge. this section includes 33 U.S.C. 1226. (2) Honolulu Harbor Anchorages B, C, [CGD14–02–002, 68 FR 4384, Jan. 29, 2003, as and D. All waters extending 100 yards amended by USCG–2013–0935, 80 FR 1338, Jan. in all directions from each vessel in ex- 9, 2015] cess of 300 gross tons anchored in Hono- lulu Harbor Anchorage B, C, or D, as § 165.1406 Safety Zone: Pacific Missile defined in 33 CFR 110.235(a). Range Facility (PMRF), Barking (3) Kalihi Channel and Keehi Lagoon, Sands, Island of Kauai, Hawaii. Oahu. All waters of Kalihi Channel and (a) Location. The following area is es- Keehi Lagoon beginning at Kalihi tablished as a safety zone during Channel entrance buoy no. 1 and con- launch operations at PMRF, Kauai, Ha- tinuing along the general trend of waii: The waters bounded by the fol- Kalihi Channel to day beacon no. 13, lowing coordinates: (22°01.2′ N, 159°47.3′ thence continuing on a bearing of W), (22°01.2′ N, 159°50.7′ W), (22°06.3′ N, 332.5°T to shore, thence east and south 159°50.7′ W), (22°06.3′ N, 159°44.8′ W). along the general trend of the shoreline (Datum: OHD) to day beacon no. 15, thence southeast (b) Activation. The above safety zone to day beacon no. 14, thence southeast will be activated during launch oper- along the general trend of the shoreline ations at PMRF, Kauai, Hawaii. The of Sand Island, to the southwest tip of Coast Guard will provide notice that Sand Island at 21°18.0′ N/157°53.05′ W, the safety zone will be activated thence southwest on a bearing of 233°T through published and broadcast local to Kalihi Channel entrance buoy no. 1.

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(4) Honolulu International Airport—(i) 842–2600 and (808) 842–2601, fax (808) 842– Honolulu International Airport, North 2624 or on VHF channel 16 (156.8 Mhz) Section. All waters surrounding Hono- to seek permission to transit the area. lulu International Airport from Written requests may be submitted to 21°18.25′ N/157°55.58°W, thence south to the Captain of Port, U.S. Coast Guard 21°18.0′ N/157°55.58′ W, thence east to the Sector Honolulu, Sand Island Access western edge of Kalihi Channel, thence Road, Honolulu, Hawaii 96819, or faxed north along the western edge of the to (808) 842–2622. If permission is grant- channel to day beacon no. 13, thence ed, all persons and vessels must comply northwest at a bearing of 332.5°T to with the instructions of the Captain of shore. the Port or his or her designated rep- (ii) Honolulu International Airport, resentatives. For all seaplane traffic South Section. All waters near Honolulu entering or transiting the security International Airport from 21°18.0′ N/ zones, a seaplane’s compliance with all 157°55.58′ W, thence south to 21°16.5′ N/ Federal Aviation Administration regu- 157°55.58′ W, thence east to 21°16.5′ N/ lations (14 CFR parts 91 and 99) regard- 157°54.0′ W (the extension of the west- ing flight-plan approval is deemed ade- ern edge of Kalihi Channel), thence quate permission to transit the water- north along the western edge of the way security zones described in this channel to Kalihi Channel buoy ‘‘5’’, section. thence west to 21°18.0′ N/157°55.58′ W. (d) Notice of enforcement or suspension (5) Barbers Point Offshore Moorings. of enforcement of security zones. (1) The All waters around the Tesoro Single security zones described in paragraphs Point and the Chevron Conventional (a)(3) (Kalihi Channel and Keehi La- ° ′ Buoy Moorings beginning at 21 16.43 N/ goon, Oahu), (a)(4)(i) (Honolulu Inter- ° ′ 158 06.03 W, thence northeast to national Airport, North Section), ° ′ ° ′ 21 17.35 N/158 3.95 W, thence southeast (a)(4)(ii) (Honolulu International Air- ° ′ ° ′ to 21 16.47 N/ 158 03.5 W, thence south- port, 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. (7) Kahe Point, Oahu. All waters adja- (ii) Whenever the Captain of the cent to the Hawaiian Electric Company Port, after considering all available power plant at Kahe Point within 500 facts, determines that there is a yards of 21°21.30’ N/158′ 07.7°W (lighted heightened risk of a transportation se- tower). curity incident or other serious mari- (b) Definitions. As used in this sec- time incident, including but not lim- tion, MARSEC Level 2 or Maritime Secu- ited to any incident that may cause a rity Level 2 means, as defined in 33 CFR significant loss of life, environmental 101.105, the level for which appropriate damage, transportation system disrup- additional protective security meas- tion, or economic disruption in a par- ures shall be maintained for a period of ticular area. time as a result of heightened risk of a (2) A notice will be published in the transportation security incident. FEDERAL REGISTER reporting when (c) Regulations. (1) Under 33 CFR events in paragraph (d)(1)(i) or (d)(1)(ii) 165.33, entry into the security zones de- have occurred. scribed in this section is prohibited un- (3) The Captain of the Port of Hono- less authorized by the Coast Guard lulu will cause notice of the enforce- Captain of the Port, Honolulu or his or ment of the security zones listed in her designated representatives. paragraph (d)(1) of this section and no- (2) Persons desiring to transit the tice of suspension of enforcement to be areas of the security zones may con- made by appropriate means to affect tact the Captain of the Port at Com- the widest publicity, including the use mand Center telephone number (808) of broadcast notice to mariners and

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

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

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is deemed adequate permission to tran- (c) Regulations. (1) Under 33 CFR sit the waterway security zones de- 165.33, entry into the security zones scribed in this section. created by this section is prohibited (d) Enforcement. Any Coast Guard unless authorized by the Coast Guard commissioned, warrant, or petty offi- Captain of the Port, Honolulu or his or cer, and any other Captain of the Port her designated representative. When representative permitted by law, may authorized passage through an LPV se- enforce the rules in this section. curity zone, all vessels must operate at (e) Waiver. The Captain of the Port, the minimum speed necessary to main- Honolulu may waive any of the re- tain a safe course and must proceed as quirements of this section for any ves- directed by the Captain of the Port or sel or class of vessels upon his or her his or her designated representative. determination that application of this No person is allowed within 100 yards section is unnecessary or impractical of a large passenger vessel that is un- for the purpose of port and maritime derway, moored, position-keeping, or security. at anchor, unless authorized by the (f) Penalties. Vessels or persons vio- Captain of the Port or his or her des- lating this section are subject to the ignated representative. penalties set forth in 33 U.S.C. 1232 and (2) When conditions permit, the Cap- 50 U.S.C. 192. tain of the Port, or his or her des- ignated representative, may permit [CGD14–04–116, 70 FR 75041, Dec. 19, 2005, as vessels that are at anchor, restricted in amended by CGD14–07–001, 72 FR 44777, Aug. their ability to maneuver, or con- 9, 2007] strained by draft to remain within an § 165.1410 Security Zones; Kauai, HI. LPV security zone in order to ensure navigational safety. (a) Location. The following areas, (3) Persons desiring to transit the from the surface of the water to the areas of the security zones may con- ocean floor, are security zones that are tact the Captain of the Port at Com- 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

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section is unnecessary or impractical (f) Waiver. The Captain of the Port for the purpose of port and maritime may waive any of the requirements of security. this rule for any person, vessel, or class (f) Penalties. Vessels or persons vio- of vessel upon finding that application lating this section are subject to the of the security zone is unnecessary or penalties set forth in 33 U.S.C. 1232 and impractical for the purpose of mari- 50 U.S.C. 192. time security. [CGD14–04–116, 70 FR 75041, Dec. 19, 2005, as (g) Penalties. Vessels or persons vio- amended by CGD14–07–001, 72 FR 44778, Aug. lating this rule are subject to the pen- 9, 2007] alties set forth in 33 U.S.C. 1232 and 50 U.S.C. 192. § 165.1411 Security zone; waters sur- rounding U.S. Forces vessel SBX–1, [USCG–2007–0195, 73 FR 13131, Mar. 12, 2008] HI. § 165.1412 Security Zone; escorted U.S. (a) Location. The following area, in Navy submarines in Sector Hono- U.S. navigable waters within the Hono- lulu Captain of the Port Zone. lulu Captain of the Port Zone (see 33 CFR 3.70–10), from the surface of the (a) Location. The following area is a water to the ocean floor, is a security security zone: all waters, from the sur- zone: All waters extending 500 yards in face to the ocean floor, within 1,000 all directions from U.S. Forces vessel yards of any U.S. Navy submarine that SBX–1. The security zone moves with is the SBX–1 while it is in transit and be- (1) Operating in the Sector Honolulu comes fixed when the SBX–1 is an- Captain of the Port Zone, as defined in chored, position-keeping, or moored. 33 CFR 3.70–10, and that (b) Regulations. The general regula- (2) Is being escorted by the U.S. tions governing security zones con- Coast Guard. tained in 33 CFR 165.33 apply. Entry (b) Regulations. In accordance with into, transit through, or anchoring the general regulations in 33 CFR 165, within this zone while it is activated, Subpart D, no person or vessel may and thus subject to enforcement, is enter or remain in the security zone prohibited unless authorized by the created by paragraph (a) of this section Captain of the Port or a designated unless authorized by the Coast Guard representative thereof. patrol commander. The Coast Guard (c) Suspension of enforcement. The patrol commander may be contacted Coast Guard will suspend enforcement via VHF Channel 16 or other means of the security zone described in this reasonably available. 33 CFR part 165.30 section whenever the SBX–1 is within and 165.33 contain additional provisions the Honolulu Defensive Sea Area (see 6 applicable to the security zone created FR 6675). in paragraph (a) of this section. (d) Informational notice. The Captain (c) Effective period. This rule is effec- of the Port of Honolulu will cause no- tive from 6:00 a.m. on June 12, 2010 Ha- tice of the enforcement of the security waiian Standard Time (HST). zone described in this section to be made by broadcast notice to mariners. (d) Notification. The Coast Guard se- The SBX–1 is easy to recognize because curity escort will attempt, when nec- it contains a large white object shaped essary and practicable, to notify any like an egg supported by a platform persons or vessels inside or in the vi- that is larger than a football field. The cinity of the security one created in platform in turn is supported by six paragraph (a) of this section of the pillars similar to those on large oil- zone’s existence via VHF Channel 16 or drilling platforms. other means reasonably available. (e) Authority to enforce. Any Coast (e) Penalties. Vessels or persons vio- Guard commissioned, warrant, or petty lating this rule are subject to the pen- officer, and any other Captain of the alties set forth in 33 U.S.C. 1232 and 50 Port representative permitted by law, U.S.C. 192. may enforce the security zone de- scribed in this section. [USCG–2010–0409, 75 FR 33704, June 15, 2010]

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§ 165.1413 Regulated navigation area; (4) The Eastern Recreational Vessel Southern Oahu Tsunami Evacu- Staging Area is bound by the following ation; Honolulu, Hawaii. points: 21°15′55″ N, 157°50′58″ W; 21°13′30″ (a) Location. The following area is a N, 157°51′36″ W; 21°13′30″ N, 157°48′20″ W; regulated navigation area (RNA): All 21°14′14″ N, 157°48′20″ W and then along waters of the Pacific Ocean south of the 50-fathom line to the beginning the southern side of Oahu, HI extend- point. The Commercial Vessel Staging ing from the surface of the water to the Area borders this staging area’s west- ocean floor, and is bound by a line con- ern edge. The dividing line between the necting the following points: 21°17′14″ Commercial Vessel Staging Area and N, 157°55′34″ W; 21°13′30″ N, 157°55′34″ W; the Eastern Recreational Vessel Stag- 21°13′30″ N, 157°48′20″ W; 21°14′14″ N, ing Area can be determined visually. 157°48′20″ W thence westward along the The private dayboards located in the 50-fathom line to the beginning point. Ala Wai Small Boat Harbor and the La These coordinates are based upon the Ronde Rotating Restaurant roof top National Oceanic and Atmospheric Ad- restaurant form a natural range that ministration Coast Survey, Pacific mariners can use in daylight hours to Ocean, Oahu, Hawaii, chart 19357. gauge the eastern boundary of the (b) Regulations. You may contact the Commercial Vessel Staging Area and Coast Guard on VHF Channel 16 (156.800 the western boundary of the Eastern MHz) or at telephone number 808–842– Recreational Vessel Staging Area. This 2600, to obtain clarification on RNA eastern recreational staging area is in- transits and locations. Operations per- tended for use by recreational vessels mitting, the Coast Guard plans to pro- departing from and returning to the vide on-scene direction using Coast Ala Wai Small Boat harbor and Kewalo Guard patrol boats and assets. During Basin. the enforcement period persons and (5) Located between the Western Rec- vessels wishing to remain inside the reational Vessel Staging Area and the RNA must abide by the following stipu- Commercial Vessel Staging Area is an lations: Exclusion Area. This area is bound by ° ′ ″ (1) No person or vessel may enter the following points: 21 16 46 N, ° ′ ″ ° ′ ″ ° ′ ″ into an exclusionary area 3.7 nautical 157 53 23 W; 21 13 30 N, 157 55 17 W; ° ′ ″ ° ′ ″ ° ′ ″ 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 be- ginning point. This staging area is in- § 165.1416 Safety Zone; Tarague Basin; tended for use by all commercial ves- Anderson AFB, GU. sels intended to remain in the RNA (a) Location. The following area, during a tsunami treat. within the Guam Captain of the Port

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(COTP) Zone (See 33 CFR 3.70–15), from Valdez Terminal complex or vessels the surface of the water to the ocean moored or anchored at the Trans-Alas- floor, is a safety zone: A 1-mile radius ka Pipeline Valdez Terminal complex centered on 13 degrees 35 minutes 59 and the area within 200 yards of any seconds North Latitude and 144 degrees tank vessel maneuvering to approach, 55 minutes 38 seconds East Longitude moor, unmoor, or depart the Trans- (NAD 1983) including the water arc be- Alaska Pipeline Valdez Terminal com- tween points 13 degrees 36 minutes 00 plex. seconds North Latitude, 144 degrees 56 minutes 32 seconds East Longitude and § 165.1702 Gastineau Channel, Juneau, 13 degrees 36 minutes 12 seconds North Alaska—safety zone. Latitude, 144 degrees 54 minutes 48 sec- (a) The waters within the following onds East Longitude (NAD 1983). boundaries are a safety zone: A line be- (b) Enforcement period. This section ginning at the Standard Oil Company will be enforced only during U.S. Air Pier West Light (LLNR 3217), located Force explosive ordnance disposal oper- at position 58°17.9′ N, 134°24.8′ W, in the ations and only when an orange range direction of 140° True to Rock Dump flag is hoisted 1250 feet west of the Lighted Buoy 2A (LLNR 3213) at posi- Demo Pit at 13 degrees 35 minutes tion 58°17.2′ N, 134°23.8′ W; thence in the 59.751 seconds North Latitude and 144 ° degrees 55 minutes 27.4476 seconds East direction of 003 True to a point at po- ° ′ ° ′ Longitude. In case of an emergency, an sition 58 17.4 N, 134 23.7 W, on the explosive ordnance disposal after day- north shore of Gastineau Channel; light hours may occur in which case thence northwesterly along the north the orange range flag will be illumi- shore of Gastineau Channel to the nated. point of origin. (c) Regulations. The general regula- (b) Special Regulations: tions governing safety zones contained (1) All vessels may transit or navi- in 33 CFR 165.23 apply to the zone de- gate within the safety zone. scribed in paragraph (a) of this section. (2) No vessels, other than a large pas- Entry into, transit through or within senger vessel (including cruise ships this zone is prohibited unless author- and ferries) may anchor within the ized by the COTP or a designated rep- Safety zone without the express con- resentative thereof. sent from the Captain of the Port, (d) Enforcement. Any Coast Guard Southeast Alaska. commissioned, warrant, or petty offi- cer, and any other COTP representa- [CGD 79–034, 47 FR 29660, July 8, 1982, as tive permitted by law, may enforce this amended by CGD 79–026, 48 FR 35408, Aug. 4, 1983] safety zone. (e) Waiver. The COTP may waive any § 165.1703 Ammunition Island, Port of the requirements of this rule for any Valdez, Alaska. person, vessel, or class of vessel upon finding that application of the safety (a) Location. The waters within the zone is unnecessary or impractical for following boundaries is a safety zone— the purpose of maritime security. the area within a radius of 1330 yards of (f) Penalties. Vessels or persons vio- Ammunition Island, centered on lati- lating this rule are subject to the pen- tude 61°07′28″ N, longitude 146°18′29″ W, alties set forth in 33 U.S.C. 1232 and 50 (NAD 83) and the vessel moored or an- U.S.C. 192. chored at Ammunition Island. (b) The area 200 yards off the vessel [USCG–2014–0732, 79 FR 53297, Sept. 9, 2014] navigating the Vessel Traffic system SEVENTEENTH COAST GUARD DISTRICT from abeam of Naked Island, maneu- vering to approach, moor, unmoor at § 165.1701 Port Valdez, Valdez, Alas- Ammunition Island, or the departure of ka—safety zone. the vessel from Ammunition Island. The waters within the following (c) Special regulation. (1) Section boundaries are a safety zone—The area 165.23 does not apply to paragraph (a) within 200 yards of any waterfront fa- of this section, except when the vessel cility at the Trans-Alaska Pipeline is moored to Ammunition Island.

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(d) Effective August 25, 1987 Notice of Equipment (AISSE) required capabilities are vessels arrival will be made in the No- set forth in Part 164 of this chapter. tice to Mariners, Local Notice to Mari- [CGD 90–020, 59 FR 36335, July 15, 1994, as ners and in the Local Valdez news- amended by CGD 95–033, 60 FR 28333, May 31, paper, prior to the vessel arrival. 1995; CGD 97–023, 62 FR 33365, June 19, 1997; USCG–1998–3799, 63 FR 35533, June 30, 1998; [52 FR 30671, Aug. 17, 1987, as amended by USCG–2003–14757, 68 FR 39368, July 1, 2003; 68 USCG–1998–3799, 63 FR 35533, June 30, 1998; FR 60570, Oct. 22, 2003; USCG–2005–21869, 80 COTP Prince William Sound 02–010, 67 FR FR 5336, Jan. 30, 2015] 45313, July 9, 2002] § 165.1706 Gastineau Channel, Juneau, § 165.1704 Prince William Sound, Alas- Alaska—Safety Zone. ka-regulated navigation area. (a) Location. The following area is a (a) The following is a regulated navi- safety zone: the waters in Juneau Har- gation area: The navigable waters of bor within a 300 yard radius of the ves- the United States north of a line drawn sel or waterfront facility located at from Cape Hinchinbrook Light to 58°17′41″ N, 134°24′22″ W used to conduct Schooner Rock Light, comprising that fireworks displays. portion of Prince William Sound be- (b) Effective date. The safety zone be- ° ′ ° ′ tween 146 30 W. and 147 20 W. and in- comes effective on July 3 each year at cludes Valdez Arm, Valdez Narrows, 10 p.m. ADT. It terminates at the con- and Port Valdez. clusion of the fireworks display at ap- (b) Within the regulated navigation proximately 2:30 a.m. ADT on July 5 area described in paragraph (a) of this each year, unless sooner terminated by section, § 161.60 of this chapter estab- the Captain of the Port. If the fire- lishes a VTS Special Area for the works display is postponed because of waters of Valdez Arm, Valdez Narrows, inclement weather, the date and dura- and Port Valdez northeast of a line tion of the safety zone will be an- bearing 307° True from Tongue Point at nounced in the Local Notices to Mari- 61°02′06″ N., 146°40′ W.; and southwest of ners. a line bearing 307° True from Entrance (c) Regulation. In accordance with the Island Light at 61°05′06″ N., 146°36′42″ W. general regulations in § 165.23 of this (c) Regulations. In addition to the re- part, entry into this zone is prohibited quirements set forth in § 161.13 and unless authorized by the Captain of the § 161.60(c) of this chapter, a tank vessel Port, Southeast Alaska. of 20,000 deadweight tons or more that intends to navigate within the regu- [59 FR 31934, June 21, 1994, as amended by COTP Southeast Alaska 00–018, 65 FR 81363, lated navigation area must: Dec. 26, 2000] (1) Report compliance with part 164 of this chapter, to the Vessel Traffic § 165.1708 Tongass Narrows, Ketch- Center (VTC); ikan, Alaska—Safety Zone. (2) Have at least two radiotelephones (a) Location. The following area is a capable of operating on the designated safety zone: the waters in Tongass Nar- VTS frequency, one of which is capable rows within a 300 yard radius of the of battery operation; barge located at 55°20′32″ N, 131°39′40″ W (3) When steady wind conditions in used to conduct fireworks displays. the VTS Special Area or Port Valdez (b) Effective date. The safety zone be- exceed, or are anticipated to exceed 40 comes effective on July 3 each year at knots, proceed as directed by the VTC 10 p.m. ADT. It terminates at the con- (entry into the VTS Special Area and clusion of the fireworks display at ap- Port Valdez is prohibited); proximately 2:30 a.m. ADT on July 5 (4) When transiting the VTS Special each year, unless sooner terminated by Area, limit speed to 12 knots; and the Captain of the Port. If the fire- (5) If laden and intending to navigate works display is postponed because of the VTS Special Area, limit speed to 12 inclement weather, the date and dura- knots except between Middle Rock and tion of the safety zone will be an- Potato Point where the speed limit nounced in the Local Notices to Mari- shall be 6 knots; and ners. NOTE: Regulations pertaining to Auto- (c) Regulation. In accordance with the matic Identification System Shipborne general regulations in § 165.23 of this

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part, entry into this zone is prohibited (3) The name, Social Security num- unless authorized by the Captain of the ber, current address, and telephone Port, Southeast Alaska. number of the vessel’s master, operator or person in charge; and [59 FR 31933, June 21, 1994, as amended at 65 FR 81362, Dec. 26, 2000] (4) Upon request, information on the vessel’s crew. § 165.1709 Security Zones: Liquefied (C) A vessel owner or operator is re- Natural Gas Tanker Transits and quired to submit the information one Operations at Phillips Petroleum time, but shall provide the Captain of LNG Pier, Cook Inlet, AK. the Port representative updated infor- (a) Location. The following areas are mation when any part of it changes. established as security zones during (D) The Captain of the Port must ap- the specified conditions: prove a vessel’s request prior to being (1) All navigable waters within a 1000- allowed into the security zone at the yard radius of the Liquefied Natural Phillips Petroleum LNG Pier. Gas (LNG) tankers during their in- (E) The vessel is operated in compli- bound and outbound transits through ance with any specific orders issued to Cook Inlet, Alaska between the Phil- the vessel by the Captain of the Port or lips Petroleum LNG Pier, 60°40′43″ N other regulations controlling the oper- and 151°24′10″ W, and the Homer Pilot ation of vessels within the security Station at 59°34′86″ N and 151°25′74″ W. zone that may be in effect. On the inbound transit, this security (2) All persons and vessels shall com- zone remains in effect until the tanker ply with the instructions of the Cap- is alongside the Phillips Petroleum tain of the Port representative or the LNG Pier, 60°40′43″ N and 151°24′10″ W. designated on-scene patrol personnel. (2) All navigable waters within a 1000- These personnel are comprised of com- yard radius of the Liquefied Natural missioned, warrant, and petty officers Gas tankers while they are moored at of the Coast Guard. Upon being hailed Phillips Petroleum LNG Pier, 60°40′43″ by a U. S. Coast Guard vessel by siren, N and 151°24′10″ W. radio, flashing light, or other means, (b) Special Regulations. (1) For the the operator of a vessel shall proceed purpose of this section, the general reg- as directed. ulations contained in 33 CFR 165.33 (3) The Marine Safety Detachment apply to all but the following vessels in Kenai, Alaska will notify the maritime the areas described in paragraph (a): community of these security zones by (i) Vessels scheduled to moor and off- publishing a Local Notice to Mariners load or load cargo at other Nikiski ma- and via a bimonthly marine Broadcast rine terminals that have provided the Notice to Mariners. Coast Guard with an Advance Notice of [COTP 02–001, 67 FR 44059, July 1, 2002] Arrival. (ii) Commercial fishing vessels, in- § 165.1710 Port Valdez and Valdez Nar- cluding drift net and set net vessels, rows, Valdez, Alaska—security fishing from the waters within the zones. zone, if (a) Location. The following areas are (A) The owner of the vessel has pre- security zones: viously requested approval from the (1) Trans-Alaska Pipeline (TAPS) Captain of the Port representative, Ma- Valdez Terminal complex (Terminal), rine Safety Detachment Kenai, Alaska, Valdez, Alaska and TAPS tank vessels. to fish in the security zone and All waters enclosed within a line begin- (B) Has provided the Captain of the ning on the southern shoreline of Port Port representative, Marine Safety De- Valdez at 61°05′03.6″ N, 146°25′42″ W; tachment Kenai, Alaska current infor- thence northerly to yellow buoy at mation about the vessel, including: 61°06′00″ N, 146°25′42″ W; thence east to (1) The name and/or the official num- the yellow buoy at 61°06′00″ N, 146°21′30″ ber, if documented, or state number, if W; thence south to 61°05′06″ N, 146°21′30″ numbered by a state issuing authority; W; thence west along the shoreline and (2) A brief description of the vessel, including the area 2000 yards inland including length, color, and type of along the shoreline to the beginning vessel; point.

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(2) Tank vessel moving security zone. § 165.1711 Security Zones; Waters of All waters within 200 yards of any the Seventeenth Coast Guard Dis- TAPS tank vessel maneuvering to ap- trict proach, moor, unmoor or depart the (a) Definitions. As used in this sec- TAPS Terminal or transiting, maneu- tion— vering, laying to or anchored within Alaska Marine Highway System vessel the boundaries of the Captain of the (‘‘AMHS vessel’’) means any vessel Port, Prince William Sound Zone de- owned or operated by the Alaska Ma- scribed in 33 CFR 3.85–20 (b). rine Highway System, including, but (3) Valdez Narrows, Port Valdez, not limited to: M/V AURORA, M/V Valdez, Alaska. All waters 200 yards ei- CHENEGA, M/V COLUMBIA, M/V ther side of the Valdez Narrows Tanker FAIRWEATHER, M/V KENNICOTT, M/ Optimum Track line bounded by a line V LECONTE, M/V LITUYA, M/V beginning at 61°05′15″ N, 146°37′18″ W; MALASPINA, M/V MATANUSKA, M/V thence south west to 61°04′00″ N, TAKU, and the M/V TUSTUMENA. 146°39′52″ W; thence southerly to Designated on Scene Representative 61°02′32.5″ N, 146°41′25″ W; thence north means any U.S. Coast Guard commis- west to 61°02′40.5″ N, 146°41′47″ W; thence sioned, warrant or petty officer who north east to 61°04′07.5″ N, 146°40′15″ W; has been authorized by the District thence north east to 61°05′22″ N, Commander or local Captain of the 146°37′38″ W; thence south east back to Port (COTP), as defined in 33 CFR part the starting point at 61°05′15″ N, 3, subpart 3.85, to act on his or her be- 146°37′18″ W. half, or other Federal, State or local (b) Regulations. (1) The general regu- law enforcement Officers designated by lations in 33 CFR 165.33 apply to the se- the COTP. curity zones described in paragraph (a) Escorted HCPV or AMHS vessel means of this section. a HCPV or AMHS vessel that is accom- (2) Tank vessels transiting directly panied by one or more Coast Guard as- to the TAPS terminal complex, en- sets or Federal, State or local law en- gaged in the movement of oil from the forcement agency assets as listed terminal or fuel to the terminal, and below: vessels used to provide assistance or (1) Coast Guard surface or air asset support to the tank vessels directly displaying the Coast Guard insignia. transiting to the terminal, or to the (2) State, Federal or local law en- terminal itself, and that have reported forcement assets displaying the appli- their movements to the Vessel Traffic cable agency markings and or equip- Service, as required under 33 CFR part ment associated with the agency. 161 and § 165.1704, may operate as nec- Federal Law Enforcement Officer essary to ensure safe passage of tank means any Federal government law en- vessels to and from the terminal. forcement officer who has authority to enforce federal criminal laws. (3) All persons and vessels must com- ply with the instructions of the Coast High Capacity Passenger Vessel Guard Captain of the Port and the des- (‘‘HCPV’’) means a passenger vessel 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 [COTP Prince William Sound 02–011, 71 FR Coast Guard District as defined in 33 2154, Jan. 13, 2006] CFR 3.85–1, from surface to bottom.

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(c) Regulations. (1) No vessel may ap- mate position 56°28.223′ N and 132°23.285′ proach within 100 yards of an escorted W. HCPV or escorted AMHS vessel during (b) Effective date. This rule is effec- their transits within the navigable tive from 10 p.m. until 2:30 a.m., July 3 waters of the Seventeenth Coast Guard through July 5, of each year. District. (c) Definitions. The following defini- (2) Moored or anchored vessels that tions apply to this section: are overtaken by this moving zone Designated Representative—a ‘‘des- must remain stationary at their loca- ignated representative’’ is any Coast tion until the escorted vessel maneu- Guard commissioned, warrant or petty vers at least 100 yards away. officer of the U.S. Coast Guard who has (3) The local Captain of the Port may been designated by the Captain of the notify the maritime and general public Port, to act on his or her behalf. by marine information broadcast of the (d) Regulations. (1) The general regu- periods during which individual secu- lations contained in 33 CFR 165.23, as rity zones have been activated by pro- well as the following regulations, viding notice in accordance with 33 apply. CFR 165.7. (2) No vessels, except for fireworks (4) Persons desiring to transit within barge and accompanying vessels, will 100 yards of a moving, escorted HCPV be allowed to transit the safety zones or AMHS vessel in the Seventeenth without the permission of the COTP or Coast Guard District must contact the the designated representative. designated on scene representative on (3) Vessel operators desiring to enter VHF channel 16 (156.800 MHz) or VHF or operate within any of the regulated channel 13 (156.650 MHz) to receive per- areas shall contact the COTP or the mission. designated representative via VHF (5) If permission is granted to transit channel 16 or 907–463–2990 (Sector Ju- within 100 yards of an escorted HCPV neau command center) to obtain per- or AMHS vessel, all persons and vessels mission to do so. must comply with the instructions of [USCG–2013–0078, 78 FR 38202, June 26, 2013]

the designated on scene representative. EDITORIAL NOTE: At 79 FR 6470, Feb. 4, 2014, (6) All commercial fishing vessels as § 165.1712 was added; however, the amend- defined by 46 U.S.C. 2101(11a) while ac- ment could not be incorporated since that tively engaged in fishing are exempted section already exists. from the provisions of this section. [CGD17–05–002, 71 FR 19123, Apr. 13, 2006] Subpart G—Protection of Naval Vessels § 165.1712 Safety Zones; Annual Inde- pendence Day Firework Displays, AUTHORITY: 14 U.S.C. 91 and 633; 49 CFR Skagway, Haines, and Wrangell, AK. 1.45.

(a) Regulated areas. The following SOURCE: LANT AREA–02–001, 67 FR 31960, areas are permanent safety zones: May 13, 2002, unless otherwise noted. (1) All navigable waters of Taiya Inlet within a 300-yard radius of the § 165.2010 Purpose. fireworks launching point located on This subpart establishes the geo- the White Pass and Yukon Railway graphic parameters of naval vessel pro- Dock at approximate position 59°26.70′ tection zones surrounding U.S. naval N, 135°19.58′ W in the vicinity of the vessels in the navigable waters of the mouth of the Small Boat Harbor, United States. This subpart also estab- Skagway, Alaska; lishes when the U.S. Navy will take en- (2) All navigable waters of Portage forcement action in accordance with Cove, Haines, AK within a 300-yard ra- the statutory guidelines of 14 U.S.C. 91. dius around the fireworks launch area, Nothing in the rules and regulations centered at approximate position contained in this subpart shall relieve 59°14′16.72″ N, 135°25′35.79″ W; (3) all nav- any vessel, including U.S. naval ves- igable waters of Wrangell Harbor with- sels, from the observance of the Navi- in a 300-yard radius of the fireworks gation Rules. The rules and regulations launch platform centered at approxi- contained in this subpart supplement,

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